1947 Amendments of Adam BIELAN
Amendment 68 #
2023/2019(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Acknowledges the need for further work on standardisation and interoperability and the importance to support the ongoing efforts to enhance the standardisation and overall quality of service within the realm of cross-border parcel delivery systems. To ease access and operations of cross-border parcel delivery systems is necessary to introduce an obligation for operators offering services in all, or at least most, EU countries, to construct a wholesale offer to courier operators from other EU countries prepared to deliver parcels collectively to the EU destination country. A challenge that may accompany this mechanism is the need for increased standardisation of parcel markings, labels, and IT solutions interoperability. Therefore, the aim should be to create systems of universal nature in this area, which would allow a high degree of interoperability between the services offered by the different operators.
Amendment 41 #
2023/0376(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 43 #
2023/0376(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 48 #
2023/0376(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Member States should ensure that ADR should enable a consumer and a trader to initiate and follow ADR procedures also offline if requested. It should also be ensured that when digital tools are provided, those can be used by all consumers, including vulnerable consumers or those with varying levels of digital literacy. Members States should ensure that, upon request, parties to the disputes always have access to a review of automated procedures by a natural person.
Amendment 49 #
2023/0376(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Member States should also enable ADR entities to bundle similar cases against a specific trader or a specific consumer, to make ADR outcomes consistent for consumers or traders subjected to the same illegal practice, and more cost- efficient for ADR entities and for traders. Consumers should be informed accordingly and should be given the opportunity to refuse from having their dispute bundled.
Amendment 53 #
2023/0376(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Under Directive 2013/11/EU, Member States may introduce national legislation to make trader participation in ADR compulsory in sectors they deem fit, in addition to sector-specific Union legislation which provides for mandatory participation of traders in ADR. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders should be required, especially in cases where their participation is not compulsory,encouraged to respond within a specific period to enquiries made by ADR entities on whether they intend to participate to the proposed procedure.
Amendment 65 #
2023/0376(COD)
Proposal for a directive
Recital 17
Recital 17
(17) To ensure that consumers and traders are able to easily find a suitable ADR entity, especially in a cross-border context, the Commission should develop and maintain a digital interactive tool that provides information about ADR entities’ main characteristics and links to the webpages of the ADR entities, as notified to it.
Amendment 67 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Directive 2013/11/UE
Article 1
Article 1
-1. Article 1 is replaced by following: “The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by ensuring that consumers and traders can, on a voluntary basis, submit complaints against consumers and traders to entities offering independent, impartial, transparent, effective, fast and fair alternative dispute resolution procedures. This Directive is without prejudice to national legislation making participation in such procedures mandatory, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system.”
Amendment 68 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2013/11/EU
Article 2 – paragraph 1
Article 2 – paragraph 1
Member States may apply the ADR procedures set out in this Directive, also to categories of disputes other than those listed the first subparagraph, point (ba)..
Amendment 69 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2013/11/EU
Article 2 paragraph 2
Article 2 paragraph 2
Amendment 83 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/11/EU
Article 4(1), point (f)
Article 4(1), point (f)
(f) ‘cross-border dispute’ means a dispute between a consumer and a trader, related to contractual obligations and/or consumer rights provided in Union acts as referred to in article 2(1), where the consumer is resident in a Member State other than the Member State in which the trader is established or where the consumer is resident in a Member State and the trader is established outside of the Union;.
Amendment 85 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2013/11/EU
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall facilitate access by consumers and traders to ADR procedures and shall ensure that disputes covered by this Directive and which involve a trader established on their respective territories, or a trader not established in the territory of any Member State but offering goods or services, including digital content and digital services, to consumers residing in their respective territories, can be submitted to an ADR entity which complies with the requirements set out in this Directive.;
Amendment 90 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2013/11/EU
Article 5(2) (a)
Article 5(2) (a)
(a) ensure that consumers and traders can submit complaints and the requisite supporting documents online in a traceable manner and ensure that consumers and traders may also submit and access these documents in a non- digital format upon request;
Amendment 94 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2013/11/EU
Article 5(2)(d)
Article 5(2)(d)
(d) may bundle similar cases against one specific trader or one specific consumer into one procedure, under condition that the consumer and the trader concerned isare informed and does not object to that;
Amendment 98 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Directive 2013/11/EU
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Member States shall ensurcourage that traders established in their territories that are contacted by an ADR entity from their country or from another Member State, inform that ADR entity whether, or not, they accept to participate in the proposed procedure and reply within a reasonable period of time that shall not exceed 240 working days..
Amendment 115 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14(3) b)
Article 14(3) b)
(b) providing the parties and ADR entities with general information on EU consumerrespective EU rights;
Amendment 101 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) payments made as compensation for damages, including payments from insurance companies, excluding compensation for recovery costs under Article 8;
Amendment 103 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(c) payments resulting from obligations towards private debtors that can be cancelled, postponed, or waived under or in relation to insolvency proceedings or restructuring proceedings, including preventive restructuring proceedings under Directive (EU) 2019/102355 of the European Parliament and of the Council. __________________ 55 Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (OJ L 172, 26.6.2019, p. 18).
Amendment 173 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for undertakings different from public authorities in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contractinvoice shall describe the details of the procedure of acceptance or verification, including its duration.
Amendment 219 #
2023/0323(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. This Article shall apply without prejudice to the creditor’s rights, which may be provided for in national law.
Amendment 227 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. In case of late payment, the debtor shall be liable to pay interest for late payment, except where the debtor is notproves not to be responsible for the payment delay.
Amendment 248 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 6 – point a
Article 5 – paragraph 6 – point a
(a) receipt by the debtor of the invoice or an equivalent request for paymentthe due date of payment agreed upon by the parties;
Amendment 251 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The interest for late payment shall accrue until receipt of payment ofby the amount duecreditor.
Amendment 258 #
2023/0323(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where interest for late payment becomes payable in accordance with Article 5, a flat fee compensation for recovery costs shall be automatically due by the debtor to the creditor and shall amount to a fixed sum of EUR 50, per every single commercial transactioninvoice.
Amendment 259 #
2023/0323(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The flat fee compensation referred to in paragraph 1 shall be payable by the debtor to the creditor as a compensation for the creditor’s own recovery costs, without the necessity of a reminder. The flat fee should be increased annually in accordance with the Union inflation rate and the amount shall be communicated pursuant to Article 11.
Amendment 274 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) prohibiting or limiting the assignment of receivables to a relevant financial institution.
Amendment 297 #
2023/0323(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Creditors shall obtain an enforceable title, including through an expedited procedure and irrespective of the amount of debt, within 90 calendar days of the lodging of the action or application at the court or other competent authority, provided that the debt and the procedure are not disputed. In such cases, each Member State shall provide the right of the creditor to obtain such an enforcement title with a simple written declaration, requiring the debtor to prove that payment has been made. In those Member States that have already implemented an electronic invoicing system, the debtor's acknowledgment of the invoice should be accepted as credible evidence of the credit's existence and the claim. This procedure for recovery should be automatically applicable to interest on late payments and the flat-rate compensation for invoices that have been settled.
Amendment 300 #
2023/0323(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Each Member State shall remove any provisions that prevent creditors from receiving adequate judicial protection, including appeals.
Amendment 374 #
2023/0323(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Without prejudice to the right of creditors to submit complaints under Article 15, and to the obligations and powers of enforcement authorities laid down in Articles 13, 14, and 15, Member States shall promote the voluntary use of effective and independent alternative dispute resolution mechanisms for the settlement of disputes between debtors and creditors. Notwithstanding the provisions of Articles 5(3), 8(3), and 9(1) point (b) of this Regulation, parties, including public entities, may engage in negotiations to reach an amicable settlement regarding disputed debts. Such settlements may involve the adjustment of interest and compensation claims, provided they are in compliance with the principles of fairness and do not unduly disadvantage the creditor.
Amendment 386 #
2023/0323(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. The Commission shall provide guidelines on the implementation of the requirements set out in Article 17, including potential funding and support mechanisms to assist Member States, especially those with lower levels of digitalisation.
Amendment 400 #
2023/0323(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. It shall apply from [OP: please insert the date = 124 months after the date of entry into force of this Regulation].
Amendment 142 #
2023/0156(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Certain definitions set out in Regulation (EU) No 952/2013 should be adapted to take account of the broader scope of this Regulation, to align them with those set out in other Union acts, and to clarify terminology having different meanings in different sectors. New definitions should be included in customs legislation to clarify the roles and responsibilities of certain actors in the customs processes. In the case of the importer and the exporter, new definitions should make those persons liable for compliance of the goods, including for financial and non-financial risks,financial risks and subject to responsibilities set forth in product compliance laws in order to strengthen customs supervision. In the case of the new concept of deemed importer, new definitions should ensure that in some cases, in the context of an online sale from outside the Union, an economic operator, as opposed to the consumer, is considered the importer and assumes the corresponding financial responsibilities. New definitions should also be introduced in relation to the broader scope of the provisions of customs supervision, risk management and customs controls.
Amendment 145 #
2023/0156(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Beyond their traditional role of collecting customs duties, VAT and excise and applying customs legislation, customs authorities also play a critical role, together with Market Surveillance Authorities, in enforcing other Union and, where applicable, other national legislation on customs matters. A definition of this ‘other legislation applied by the customs authorities’ should be introduced in order to build an effective framework for regulating the application and supervision of these particular requirements on goods in accordance with Regulation 2019/1020 on market surveillance and compliance of products. Such prohibitions and restrictions can be justified on grounds of, inter alia, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash. The notion of other legislation applied by the customs authorities should also include commercial policy measures and fishery conservation and management measures, as well as restrictive measures adopted on the basis of Article 215 TFEU.
Amendment 191 #
2023/0156(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 12
Article 5 – paragraph 1 – point 12
(12) ‘importer’ means any person who has the power to determine and has determined that goods from a third country are to be brought into the customs territory of the Union or, except otherwise provided, any person who is considered a deemed importer;
Amendment 192 #
2023/0156(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 13
Article 5 – paragraph 1 – point 13
(13) ‘deemed importer’ means any person involved in the distance sales of goods to be imported from third countries into the customs territory of the Union who is authorised to use the special scheme laid down in Title XII, Chapter 6, Section 4 of Directive 2006/112/EC and whose responsibilities are limited to collecting, reporting data, and managing financial obligations such as customs duties, without bearing liabilities for the physical goods;
Amendment 223 #
2023/0156(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) ensuring that the goods ene relevant economic operator as determing or exiting the customs territory of the Unioned under Regulation 2023/988 on general product safety and Regulation 2019/1020 has complyied with the relevant other legislation applied by the customs authorities when the goods enter or exit the customs territory of the Union and providing, keeping and making available appropriate records of such compliance;
Amendment 224 #
2023/0156(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. By way of derogation from Article 20(1), point (a), deemed importers shall (a) provide or make available the information on distance sales of goods to be imported in the customs territory of the Union at the latest on the day following the date when the payment was accepted and in any event prior to the release of the goods and (b) ensure the correct calculation and payment of customs duties and any other charges applicable.
Amendment 225 #
2023/0156(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. By way of derogation from Article 20(1), point (a), deemed importers shall provide or make available the information on distance sales of goods to be imported in the customs territory of the Union at the latest on the day following the date when the payment was accepted and in any event prior to the release of the goods.
Amendment 307 #
2023/0156(COD)
Proposal for a regulation
Article 42 – paragraph 4 – introductory part
Article 42 – paragraph 4 – introductory part
4. The customs office responsible for the place of establishment of the Trust and Check trader or the deemed importershall:
Amendment 322 #
2023/0156(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
2. Deemed importers shall provide or make available the information on distance sales of goods to be imported in the customs territory of the Union at the latest on the day following the date when the payment was accepted and in any event prior to the release of the goods.
Amendment 346 #
2023/0156(COD)
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 3 days after the notification of their arrival or no later than 6 days after the notification of their arrival in the case of an authorised consignee as referred to in Article 116(4), point (b),60 days after the notification of their arrival unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.
Amendment 349 #
2023/0156(COD)
Proposal for a regulation
Article 99 – paragraph 3
Article 99 – paragraph 3
Amendment 350 #
2023/0156(COD)
Proposal for a regulation
Article 99 – paragraph 5
Article 99 – paragraph 5
Amendment 370 #
2023/0156(COD)
Proposal for a regulation
Article 200 – paragraph 1 a (new)
Article 200 – paragraph 1 a (new)
Sanctions and liabilities imposed on economic entities shall be proportionate to their role in the transaction process, ensuring fairness and clarity in their application.
Amendment 384 #
2023/0156(COD)
Proposal for a regulation
Article 210
Article 210
Amendment 237 #
2023/0133(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Persons involved in alternative dispute resolution proceedings concerning SEPs in force in a Member State shall disclose to the competence centre within 64 months from the termination of the procedure the standards and the implementations concerned, the methodology used for the calculation of FRAND terms and conditions, information on the name of the parties, and on specific licensing rates determined.
Amendment 266 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Any stakeholder may request to participate in the process after explaining the basis of its interest. SEP holders shall provide their estimated percentage of those SEPs of all SEPs for a standard. Implementers shall provide information on any relevant implementations of the standard, including any relevant market share in the Union. Implementers shall provide information on any relevant current or potential implementations of the standard.
Amendment 268 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. If the requests for participation include SEP holders representing collectively at least an estimated 2015% of all SEPs for the standard, and implementers holding collectively at least 105% relevant market share in the Union or at least 10 SMEs, the competence centre shall appoint a panel of three conciliators selected from the roster of conciliators with the appropriate background from the relevant field of technology.
Amendment 445 #
2023/0133(COD)
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
1 a. The period specified in days ends on the last day, a period marked in weeks ends at the end of the day in the last week, a period specified in months ends on the expiry of the day corresponding to the initial day of the period, and if there was no such day in the last month - then on the last day of that month, a period marked in years ends on the expiry of the day corresponding to the initial day of a given period, and if there was no such day, the end date will be the last day of that month.
Amendment 456 #
2023/0133(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. When negotiating a SEP licence with micro, small and medium-sized enterprises, SEP holders shall consider offering to them FRAND terms and conditions that are more favourable than the FRAND terms and conditions they offer to enterprises that are not micro, small and medium-sized for the same standard and implementations.
Amendment 457 #
2023/0133(COD)
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. SEP holders shall also consider discounts, spreading payments into interest-free instalments or royalty-free licensing for low sales volumes irrespective of the size of the implementer taking the licence. Such discounts or royalty-free licensing shall be fair, reasonable and non-discriminatory and shall be available in the electronic database as set out in Article 5(2), point (b).
Amendment 490 #
2023/0133(COD)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. By [OJ: please insert the date = 53 years from entry into force of this regulation] the Commission shall evaluate the effectiveness and efficiency of the SEP registration and the essentiality check system.
Amendment 493 #
2023/0133(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. By [OJ: please insert the date = 85 years from entry into force of this regulation], and every five3 years thereafter, the Commission shall evaluate the implementation of this Regulation. The evaluation shall assess the operation of this Regulation, in particular the impact, effectiveness and efficiency of the competence centre and its working methods.
Amendment 94 #
2023/0124(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Since micro-organisms are not subject to registration under Regulation (EC) No 1907/2006 or any other Union legislation requiring manufacturers to demonstrate that the intended use is safe, they should be eligible for use in detergents only to the extent that they have been clearly identified and supported by data demonstrating that their use is safe, and subject to specific requirements governing their safety. Harmonised rules governing the safety of micro-organisms in detergents as well as relevant test methods for economic operators to demonstrate compliance with those rules should, therefore, be established. Restrictions are required on the format in which detergents containing micro-organisms are placed on the market when sensitising ingredients are included in their composition. To ensure a high level of protection of human health even for sensitised persons, detergents containing micro-organisms and which are placed on the market in a spray format should, therefore, be found safe for use in this format. Testing methodology of detergents based on microorganisms in spray form shall not use animal-based methods. In alignment with existing OECD guidelines and EU regulations on animal protection, these methodologies should employ alternative, non-animal testing methods to assess the toxicity of such substances and mixtures.
Amendment 96 #
2023/0124(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) All economic operators intervening in the supply and distribution chain should take appropriate and effective measures to ensure that they only make available on the Union market detergents and surfactants which are in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution chain.
Amendment 99 #
2023/0124(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Economic operators that either place a detergent or surfactant on the market under their own name or trade mark or modify a detergent or surfactant in such a significant way that compliance with this Regulation could be affected should be considered to be manufacturers and should assume the obligations of manufacturers. In other cases, economic operators that only package or repackage a detergent or surfactant already placed on the market by other economic operators should be able to prove that compliance with the requirements of this Regulation has not been affected, by indicating their identity on the package and by keeping a copy of the original labelling information.
Amendment 101 #
2023/0124(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Information on the correct amount of detergent that consumers need to use when undertaking cleaning activities, namely, dosage information, should be included on the label of consumer laundry and consumer automatic dishwasher detergents in order to prevent the potential over-use of detergents thus reducing the total amount of detergent and surfactant entering the environment.
Amendment 106 #
2023/0124(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To avoid imposing an unnecessary administrative burden for economic operators, especially for small and medium-sized enterprises and since, in most cases, the digital label is only complementary to the physical one, economic operators should be able to decide whether to use digital labels or provide all the information on a physical label only. The choice to provide a digital label should rest with manufacturers and importers, who are responsible for providing the accurate set of labelling information.
Amendment 108 #
2023/0124(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Digital labelling could also create challenges for the vulnerable population groups with no or insufficient digital skills and lead to an accentuation of the digital divide. Different levels of digitalization in the Member States should also be taken into account. For this reason, the specific information to be provided only in a digital label should reflect the current state of the digitalisation of the society and the particular situation of detergents users. In addition, all the labelling information concerning the protection of health and the environment, as well as minimum use instructions of detergents, should remain on the physical label, to enable all end- users to make informed choices before buying the detergent and to ensure its safe handling.
Amendment 113 #
2023/0124(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Manufacturers should create a product passport to provide information on the conformity of detergents and surfactants with this Regulation, as well as with any other legislation that the detergent or surfactant must comply with. In order to facilitate checks on detergents or surfactants and to allow the actors in the supply chain and end-users to access necessary information such as ingredients and use instructions, the information on the product passport should be provided digitally and in a directly accessible manner, through a data carrier affixed to the label of the detergent or surfactant, its packaging or the accompanying documentation. Market surveillance authorities, economic operators and end- users should, therefore, have immediate access to compliance or other information on the detergent or surfactant through the data carrier. Before introducing the Digital Product Passport obligation a comprehensive impact assessment should be carried out to evaluate the costs to be incurred by the industry and the potential benefits.
Amendment 127 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Manufacturers shall keep the technical documentation and the product passport for 108 years after the detergent or the surfactant covered by that documentation or product passport has been placed on the market.
Amendment 138 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Manufacturers shall, further to a reasoned written request from a competent national authority, provide it with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation, in a language which can be easily understood bythe official language or languages of a Member State from which thate authority originates. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by a detergent or surfactant which they have placed on the market.
Amendment 159 #
2023/0124(COD)
Proposal for a regulation
Article 9 – paragraph 9
Article 9 – paragraph 9
9. Importers shall keep the reference to the unique product identifier at the disposal of the market surveillance authorities for a period of 108 years after the detergent or surfactant has been placed on the market and shall ensure that the technical documentation can be made available to those authorities, upon request.
Amendment 163 #
2023/0124(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Distributors shall, further to a motivated, justified and reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by detergents and surfactants which they have made available on the market.
Amendment 183 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Economic operators providing a digital label shall not track, analyse or use any usage information for purposes other than what is absolutely necessary for providing the information on the digital label onlinearising from the Regulation (EU) No 2016/679.
Amendment 215 #
2023/0124(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, dissuasive and should take into account the size of the enterprise and its experience on the market. Member States shall, without delay, notify the Commission of those measures and of any subsequent amendment affecting them.
Amendment 216 #
2023/0124(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall not impede the making available on the market of detergents and surfactants which are placed on the market before [OP: please insert the date = 3042 months from the date of entry into force of this Regulation] in conformity with Regulation (EC) No 648/2004 as applicable on … [OP: please insert the date = one day before 3042 months from the date of entry into force of this Regulation]
Amendment 217 #
2023/0124(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Detergents and surfactants which, are placed on the market after [OP: please insert the date of application = one day before 3042 months from the date of entry into force of this Regulation] and which at the moment of their placing on the market comply with Regulation (EC) No 648/2004 as applicable on [OP: please insert the date of application = one day before 3042 months from the date of entry into force of this Regulation], may be made available on the market until [OP: please insert the date = 36 months from the date of entry into force of this Regulation].
Amendment 54 #
2023/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down technical requirements, administrative requirements and procedures, for the EU type-approval and pcirculacting on the marketpublic roads of non-road mobile machinery intended to circulate on public roads.
Amendment 57 #
2023/0090(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to non-road mobile machinery where it is placed on the market and intended to circulate, with or without a driver, on a public road.
Amendment 60 #
2023/0090(COD)
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 – point f
Article 2 – paragraph 2 – subparagraph 1 – point f
(f) individual approvals of non-road mobile machinery for circulating on public roads, granted in accordance with national legislation, subject to urgent need essential for national security and to non- road mobile machinery that complies with that national legislation;
Amendment 64 #
2023/0090(COD)
(1) ‘non-road mobile machinery’ means any self-propelled mobile machinery, falling within the scope of Directive 2006/42/EC, that is designed or constructed with the purpose to perform workmight need, whether occasionally or often, to circulate on public roads, mostly to move from one working place to another;
Amendment 67 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point c
Article 3 – paragraph 1 – point 24 – point c
(c) enginpower drive (internal combustion/hybrid/electric/hybrid- electric),
Amendment 77 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30
Article 3 – paragraph 1 – point 30
(30) ‘recall’ means any measure aimed at achieving the return of non-road mobile machinery that has already been made available to the end-usergranted approval to circulate on public roads;
Amendment 78 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘withdrawal’ means any measure aimed at preventing non-road mobile machinery in the supply chain from being made available on the marketcirculating on public roads .
Amendment 83 #
2023/0090(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall organise and carry out market surveillance activities and controls of non-road mobile machinery entering the marketcirculating on public roads in accordance with Chapters IV, V and VII of Regulation (EU) 2019/1020.
Amendment 84 #
2023/0090(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Manufacturers shall ensure that non-road mobile machinery that they place on the market to circulate on public roads belongs to a type that has been granted an EU type-approval and it is designed and manufactured in accordance with that type.
Amendment 86 #
2023/0090(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Manufacturers who have sufficient reason to believe that a non-road mobile machinery which they have made available on the market to circulate on the public roads is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that non-road mobile machinery into conformity, to withdraw it or to recall it, as appropriate.
Amendment 90 #
2023/0090(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
Manufacturers shall examine any reasoned complaints they receive relating to risks, suspected incidents or non-compliance issues with the non-road mobile machinery that they have placed on the market.
Amendment 98 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part
Article 15 – paragraph 2 – subparagraph 1 – introductory part
The Commission is empowered to adopt delegated acts in accordance with Article 47 concerning detailed, non- discriminatory rules on the requirements related to road circulation, set out in paragraph 1 for the following elements:
Amendment 102 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
Article 15 – paragraph 2 – subparagraph 1 – point a
(a) vehiclmachine structure integrity;
Amendment 104 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point j
Article 15 – paragraph 2 – subparagraph 1 – point j
(j) vehiclmachine exterior and accessories in on road position, including working equipment and swinging structure;
Amendment 119 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 4
Article 15 – paragraph 2 – subparagraph 4
The delegated acts referred to in the first subparagraph shallmay specify the classes or categories concerned by the detailed rules and may provide different detailed rules for different classes or categories of non-road mobile machinery.
Amendment 121 #
2023/0090(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. NWhen intended to circulate on public road, non-road mobile machinery shall not be made available on the market, registered or entered into service, unless it is in conformity with this Regulation.
Amendment 127 #
2023/0090(COD)
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. The communication referred to in paragraph 6 shall specify, in particular, the date of production and the vehicla unique identification number of the last non-road mobile machinery produced.
Amendment 147 #
2023/0090(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The information referred to in paragraph 2 shall be provided in the operator’s manual for road use or as a distinguished part of other operator's instructions.
Amendment 149 #
2023/0090(COD)
Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 2
Article 34 – paragraph 4 – subparagraph 2
When the operator’s manual is provided in electronic format, the manufacturer shall provide information in printed or paper format on how to access or find that manual, in the official languages of the Member State where the non-road mobile machinery is to be placed on the market, registered or entered into service.
Amendment 156 #
2023/0090(COD)
Proposal for a regulation
Article 52 – title
Article 52 – title
Amendment 157 #
2023/0090(COD)
By way of derogation from this Regulation, until …[please insert date: 8 years from the date of application], Member States may continue to apply any national legislation on national type- approval of non-road mobile machinery for circulating on public roads on non-road mobile machinery that is placed on the market between ….. [Please insert date of application] and …[please insert date: 8 years from the date of application]in small series or is essential for national security. During that period, the manufacturer may choose either to apply for EU type-approval or to comply with relevant national legislation.
Amendment 103 #
2023/0083(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16 , according to which producers should provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice. To complement those measures, access for independent repairers, remanufacturers, refurbishes and consumers to spare parts and at minimum technical diagram of the device should be provided for a period foreseen by the relevant Union laws. Consequently, the consumer will be able to select a repairer or other provider of its choice or where capable, carry out the repair on its own. Complexity and safety of the repair is linked with the type of device. Where it could be reasonably foreseen that the performance of repair by the average consumer could lead to safety hazard or requires advanced tools, the producers should explicitly warn the consumer. __________________ 16 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).
Amendment 114 #
2023/0083(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Promoting reparability within the EU necessitates a combination of actions beyond just regulatory measures. This directive should be complemented by efforts to address the existing skills gap, ensuring the availability of reparability services within the European Union, including through unimpeded cross- border provision of repair services. Furthermore, the EU should consider approaches like offering reduced VAT rates, repair incentives, or tax cuts on services and labour to enhance the demand for reparability services.
Amendment 137 #
2023/0083(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Member States should ensure that all economic operators that may provide repair services in the Union have easy access to the online platform, in line with mutual recognition. Member States should be free to decide which repairers can register on the online platform as long as access to that platform is reasonable and non-discriminatory for all repairers in accordance with Union law. Enabling repairersMember States should especially fully apply the provisions foreseen in Directive (EU) 2018/958 and Articles 5, 6 and 7 of Directive (EU) 2005/36/EC. Enabling repairers, whether covered by professional qualifications or not, from one Member State to register on the online platform in another Member State in order to provide repair services in areas that the consumer searched for should support the cross- border provision of repair services. It should be left to Member States’ discretion how to populate the online platform, for instance by self-registration or extraction from existing databases with the consent of the repairers, or if registrants should pay a registration fee covering the costs for operating the platform. To guarantee a wide choice of repair services on the online platform, Member States should ensure that access to the online platform is not limited to a specific category of repairers. While national requirements, for instance, on the necessary professional qualifications, continue to apply, Member States should ensure that the online platform is open to all repairers that fulfil those requirements. Member States should also be free to decide whether and to what extent community-led repair initiatives, such as repair cafés, may register on the online platform, taking account of safety considerations where relevant. Registration on the online platform should always be possible upon repairers’ request, provided they fulfil the applicable requirements to access the online platform.
Amendment 156 #
2023/0083(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services within 36 months, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.
Amendment 158 #
2023/0083(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to promote repair within the liability of the seller as established in Directive (EU) 2019/771, the harmonised conditions under which the choice between the remedies of repair and replacement can be exercised should be adapted. The principle established in Directive (EU) 2019/771 to use the consideration whether the remedy chosen would impose costs on the seller that are disproportionate as compared to the other remedy, as one of the criteria to determine the applicable remedy, should be maintained. The consumer remains entitled to choose repair over replacement, unless repair would be impossible or it would impose disproportionate costs on the seller as compared to replacement. However, where the costs for replacement are higher than or equal to the costs of repair, the seller should always repair the goods. Hence, the consumer is entitled to choose replacement as a remedy only where it is cheaper than repair. Directive (EU) 2019/771 should therefore be amended accordingly.
Amendment 198 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that, before a consumer is bound by a contract for the provision of repair services, unless it is unfeasible to estimate the repair cost without on-site assessment of the good, the repairer shall provide the consumer, upon request, with mandatory information, for example by mean of the European Repair Information Form set out in Annex I on a durable medium within the meaning of Article 2 (11) of Directive 2019/771/EU. The mandatory information shall be provided to consumer in a clear and unambiguous language or form.
Amendment 206 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
Without prejudice to Directive 2011/83/EU, the repairer shall inform the consumer about the costs referred to in the first subparagraph before the consumer requests the provision of the European Repair Information Formmandatory repair information, for example by means of European Repair Information Form. The repairer may deduct such costs out of the price of the repair service, if the consumer chooses to have the product repaired.
Amendment 210 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. The European Repair Information Form shall specify the following conditions of repair in a clear and comprehensible manne, or other form of informing the consumer shall specify the following mandatory information on conditions of repair:
Amendment 214 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 4 – point e
Article 4 – paragraph 4 – point e
(e) the price or, if the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and the maximum price range expected for the repair;
Amendment 220 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 4 – point i
Article 4 – paragraph 4 – point i
(i) where applicable, the availability of ancillary services, such as removal, installation and transportation, offered by the repairer and the costs of those services, if any, for the consumer. Without prejudice to other obligations stipulated in Article 13 of Directive (EU) 2019/771, the provider of repair service shall, as a minimum requirement, be obliged to assess liability for any lack of conformity for the repaired part or parts, aspects or feature of the good, which exists at the time the consumer received the repaired goods and which becomes apparent within six month after that time;
Amendment 223 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 4 – point i a (new)
Article 4 – paragraph 4 – point i a (new)
(ia) additional information provided voluntarily by the repairer.
Amendment 224 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form or by other mean for a period of 30 calendar days as from the date on which that form was provided to the consumer, unless the repairer and the consumer have agreed otherwise or there is a need to correct a manifest mistake. Repairers other than the producers, authorised representatives, importers or distributors who have an obligation to repair by virtue of Article 5 or where applicable their subcontractors, may refuse the repair, based on duly justified reasons presented to the consumer, which prevent the performance of the repair. If a contract for the provision of repair services is concluded within the 30 day period, the conditions of repair specified in the European Repair Information Form shall constitute an integral part of that contract.
Amendment 229 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. Member States shall ensure that producers inform consumers of their obligation pursuant to this Article and provide information on the repair services in an easily accessible, clear and comprehensible manner, for example through the European Repair Information Form mentioned in this Article.
Amendment 233 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that upon the consumer’s request, the producer shall repair, for free or against a price or another kind of consideration, goods for which and to the extent that reparability requirements are provided for by Union legal acts as listed in Annex II. The producer shall not be obliged to repair such goods where repair is impossible. The producer may sub-contract repair, unless a more cost-effective and environment- friendly option is available and accepted by the consumer. The responsible entity shall not be obliged to repair such goods where repair is impossible, for instance, when the producer ceased its operations, technically or economically unfeasible. The producer may sub-contract repair or if accepted by the consumer, offer refurbished good as a replacement, for free or against a price or another kind of consideration, in order to fulfil its obligation to repair.
Amendment 248 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer. Where the distributor or importer are aware that repair is impossible, for instance, when the producer ceased its operations, the importer shall provide this information to the distributor, and distributor to the consumer before purchase of the product in a clear and unambiguous manner.
Amendment 262 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers, remanufacturers, refurbishers and consumers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II.
Amendment 268 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Producers shall not impede the use of compatible parts manufactured by third party providers that comply with EU standards and safety regulations.
Amendment 269 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. Upon request, producers shall inform the third party manufacturer of the spare parts regarding non- discriminatory, minimum qualitative requirements regarding the spare parts concerning safety or cybersecurity functions of the device. Subject to derogation to paragraph 3a of this Article, such a requirement may be established by the producer in order to maintain the integrity and high quality of the device.
Amendment 271 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
3c. Subject to limitation set out in paragraph 3b, producers shall not implement any contractual, hardware or software technique preventing use of spare parts manufactured by a third party. Producers shall not implement any contractual, hardware or software technique preventing or limiting independent repair outside of their authorised networks nor refuse to repair the good on the basis that it was previously repaired outside its authorised service or distribution network.
Amendment 287 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that at least one online platform exists for their territory that allows consumers to find repairersfacilitate and encourage private entities to establish at least one online platform within their territory that allows consumers to find repairers. Member States may in particular consider: (a) supporting the compliance with administrative and technical requirements set out in the national and Union laws; (b) introducing mechanisms for full digitalisation of administrative operations, coupled with fast-track administrative procedures to expedite the establishment and operation of such platforms; (c) providing fiscal incentives, such as tax credits, reductions, or exemptions, specifically tailored for entities operating or initiating online repair platforms; (d) offering direct financial support, which can be in the form of grants, low- interest loans, or other financing models, to catalyse the launch and sustainability of these platforms; (e) promoting partnerships between new platforms and established institutions, whether educational or technical, to foster innovation and quality assurance in repair services; 1a. That platform shall:
Amendment 292 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) include search functions regarding goods, location of repair services and possibility to provide cross border services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the place where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national quality standards;
Amendment 296 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 1 – point f a (new)
Article 7 – paragraph 1 – point f a (new)
(fa) allow for a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment;
Amendment 297 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 303 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Registration on the online platform for repairers, suppliers of spare parts as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of direct charges for consumers.
Amendment 310 #
2023/0083(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Principle of the free provision of repair services 1. Member States shall avoid introducing disproportionate qualification requirements for professional repair services in line with Directive (EU) 2018/958; 2. Member States shall not reject the provision of repair services by the provider established in another Member State nor impede its operations by conducting checks, inspections or investigations which are discriminatory or disproportionate.
Amendment 332 #
2023/0083(COD)
Proposal for a directive
Article 12
Article 12
Amendment to Directive (EU) 2019/771 In Article 13(2) of Directive (EU) 2019/771 the following sentence is added: ‘ In derogation from the first sentence of this paragraph, where the costs for replacement are equal to or greater than the costs for repair, the seller shall repair the goods in order to bring those goods in conformity. ’rticle 12 deleted
Amendment 360 #
2023/0083(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Amendment 20 #
2023/0049(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Providing information on a label in a digital form (‘digital label’) has clear benefits. Digital labelling can improve the communication of labelling information both by avoiding overcrowded physical labels and by allowing users to rely on various reading options available only for digital formats, such as increased font, automatic search, loud speakers or translation into other languages. In addition, digital labelling of EU fertilising products contributes to the ongoing progress with regard to digitalisation of the European agricultural sector and can facilitate the reporting obligations of farmers regarding the use of such products. Digital labelling can also lead to a more efficient management of the labelling obligations by economic operators, by facilitating the update of labelling information and permitting a more targeted information to users. The use of digital labels allows to circumvent space limitations when compared to paper labels, and as such could encompass traceability elements from the entire production chain or various re-packaging or package downsizing steps. In addition, digital labelling can contribute to reducing labelling costs all along the supply chain, given that the labels of EU fertilising products may be changed following a transaction between economic operators, before reaching end-users,
Amendment 27 #
2023/0049(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The obligations under Article 31 of EC Regulation 1907/2006 can be streamlined through the use of digital labelling, offering a comprehensive solution that alleviates the administrative burden on producers while ensuring safety standards. The possibility of communicating the safety data sheet via digita labelling would be an important facility for EU fertiliser product manufacturers, especially in the context of frequent changes to safety data sheets. The provision of the safety data sheet through digital labelling shall be voluntary.
Amendment 53 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
(ca) The following Article 6a is inserted: In line with relevant requirements set out in paragraphs 5, 6 and 7 of Article 6 and Articles 11a, 11b and 11c, the economic operator may provide information required according to Article 31 of Regulation (EU) 1907/2006 on the packaging or the accompanying document, digitally, or both to meet the information requirements.
Amendment 76 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
New Article 11c
New Article 11c
Amendment 78 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/1009
Article 42, new paragraph 9, point (b)
Article 42, new paragraph 9, point (b)
(b) encourage innovation and use of state-of-the-art-technology;
Amendment 79 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/1009
Article 11 c (new) 2(5) e
Article 11 c (new) 2(5) e
(e) take into account the level of digital readiness among end-users of EU fertilising products and the needs of the SMEs.
Amendment 82 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/1009
Article 11 c (new) 2(5) e a (new)
Article 11 c (new) 2(5) e a (new)
(ea) enchance the free movement of goods in the internal market.
Amendment 22 #
2022/2204(INI)
Motion for a resolution
Citation 35 a (new)
Citation 35 a (new)
— having regard the just adopted European Council conclusions of February 9, 2023 on the EU-backed dialogue between Belgrade and Pristina,
Amendment 28 #
2022/2204(INI)
Motion for a resolution
Recital A
Recital A
A. whereas enlargement is the most effective EU foreign policy instrument, one of the EU’s most successful policies and a geostrategic investment in long-term peace, stability and security throughout the continent, in particular in the light of the geopolitical context of the Russian war of aggression against Ukraine and of the growing Russian threat to European security;
Amendment 39 #
2022/2204(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the EU’s lack of credibility over the past few years in its enlargement policy has created a breeding ground for malign third actors in the Western Balkans region, in particular Russia and China;
Amendment 89 #
2022/2204(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes Serbia’s alignment with the EU in voting in favour of relevant UN General Assembly resolutions and Russia’s suspension from the Human Rights Council; regrets, however, the fact that Serbia has consistently failed to align with the EU’s restrictive measures against Russia; deplores Serbia’s close relationship with Russia and Serbian favouritism of Russia in its war with Ukraine, raising questions about Serbia's strategic direction; notes with concern that Serbia’s level of alignment with the declarations of the High Representative of the Union for Foreign Affairs and Security Policy on behalf of the EU, and with Council decisions, including those on sanctions, dropped from 64 % in 2021 to 45 % in August 2022;
Amendment 106 #
2022/2204(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets the fact that key componentdirections of Serbian foreign policy run directly counter to EU positions, including the signature of agreements settinig out joint foreign policy prioritiesf the bilateral political consultation plan between Serbia and Russia for 2023-2024 and meetings with senior officials from Russia who are on the EU sanctions list; is concerned by the appointment of the Director of the Security Intelligence Agency, who is known for his anti-EU and pro-Kremlin rhetoric;
Amendment 251 #
2022/2204(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Condemns the opening of an RT (formerly Russia Today) office in Belgrade and the launch of its online news service in Serbian; urges the Serbian authorities to counter hybrid threats and align with the Council’s decision on the suspension of the broadcasting activities of Sputnik and RT; calls on Serbia to fight disinformation, in particular in the context of the Russian war of aggression against Ukraine, including manipulative anti-EU narratives;
Amendment 322 #
2022/2204(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 382 #
2022/2204(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates its full support for the EU Special Representative for the Belgrade-Pristina Dialogue and underlines the urgent need for progress in the normalisation of relations between Serbia and Kosovo within the framework of the EU-backed dialogue between the two capitals; calls on Serbia and Kosovo to engage in this dialogue in good faith and in the spirit of compromise to achieve a comprehensive, legally binding agreement on the normalisation of their relations in accordance with international law; calls for the full implementation of all the relevant agreements, including the establishment of the Association/Community of Serb- Majority Municipalities;
Amendment 396 #
2022/2204(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Condemns all actions that endanger stability and jeopardise the reconciliation process; underlines that failure to effectively resolve the tensions in relations between Serbia and Kosovo increases the risk of destabilisation in the region, including in the context of the Russian war of aggression against Ukraine; is deeply concerned about the tensions in North Kosovo and the unacceptable shooting on Orthodox Christmas Eve; recalls the shared responsibility for peace and the rule of law for all people in Kosovo;
Amendment 433 #
2022/2204(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is deeply concerned about the investments in Serbia by Russia and China and their influence on the political and economic processes in the region, in particular in Serbia;
Amendment 452 #
2022/2204(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the Commission’s energy support package to help the Western Balkans overcome the energy crisis; calls on the Serbian authorities to prepare a credible plan for reducing the country’s dependence on Russian fossil fuels and building environmentally friendly energy systems; welcomes progress made on the construction of the gas interconnector between Serbia and Bulgaria, pursuing improvement of Serbia's energy security and opening of Serbia's gas market for diversification;
Amendment 70 #
2022/2198(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges that multiple virtual worlds have been developed by different undertakings in the absence of open standards and interoperable platformwith each having unique hardware, software, and infrastructural requirements; considers that interoperability and open standards can contribute to the prevention of quasi- monopolies or abuses of dominant position to the detriment of consumers while acknowledging its implementation in the domain of virtual worlds poses significant technical and practical challenges; welcomes the Commission’s commitment to engage with existing multi-stakeholder internet governance institutions to develop common governance standards; recommends a comprehensive study to understand the feasibility and implications of interoperable virtual worlds; supports the establishment of a technical multi- stakeholder forum for the development of technical standards to ensure interoperable virtual worlds;
Amendment 90 #
2022/2198(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates the importance of protecting users’ personal data and privacy; points out that the General Data Protection Regulation3 might not be enough to address the challenges posed to data protection in virtual worlds; calls for greater attention to be paid to the data protection implications of user-generated content and to the content generated by the various forms of AI; _________________ 3 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1.
Amendment 116 #
2022/2198(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to conduct an assessment of how to ensure that the infrastructure needed is delivered to consumers; highlights that a true single market for telecoms is key in this regard and thus the appropriate extra telecom infrastructure should be invested in;
Amendment 6 #
2022/2058(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the European standardisation system is based on an inclusive, consensus-based, market-driven approach, ensuring that the standards that are developed not only to respond to industry needs but also to support the interests of wider society; whereas the European Commission has already proposed a partial revision of the existing standardisation framework to improve the decision-making processes of European Standardisation Organisations (ESOs) in order to maintain these twin focuses;
Amendment 14 #
2022/2058(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas beyond formal cooperation with international bodies, the European Commission and Member States are continuing to develop shared approaches with like-minded third countries or trade agreement partners in the area of standardisation;
Amendment 22 #
2022/2058(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the adoption of the standardisation strategy, which sets out five main areas for action for the Commission; considers that the classification of priority areas for action closely aligns with the weaknesses and strengths of the current system identified during the stakeholder consultation; notes also the adoption of, and progress on, the 2022 annual work programme on standardisation;
Amendment 28 #
2022/2058(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the fundamental qualities of the standardisation system remain relevant and effective for the proper functioning of the internal market; recalls that standards are a voluntary, market- driven tool providing technical requirements and guidance, the use of which facilitates the compliance of goods and services with European legislation and supports the development of European policiestandards in an accountable, transparent and inclusive way, ensuring that the needs and specificities of all relevant stakeholders, including SMEs and societal actors, are taken into account; stresses, however, that standards cannot be seen as EU law, since legislation and policies regarding the level of consumer, health, safety, environmental and data protection, and the level of social inclusion, are determined by the legislator;
Amendment 40 #
2022/2058(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Supports the creation of an annual standardisation dashboard; emphasises that the dashboard should make it easy for all stakeholders to discover, follow and contribute, where relevant, to the activities pertinent to their areas of interest;
Amendment 43 #
2022/2058(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the launch of the High- Level Forum for Standardisation and the desire to broaden the range of voices heard when identifying standardisation needs, planning future activities and coordinating approaches in standardisation bodies; underlines that this expert group should include a diverse range of stakeholders, without losing sight of the bottom-up, market-driven nature of standardisation activities; considers that the High-Level Forum may offer input on both strategic and operational levels, in particular in conjunction with the EU excellence hub on standards on technical matters;
Amendment 48 #
2022/2058(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the intention to involve the European Parliament and the Council in an annual event to prepare priorities for standardisation activities; considers that the importance of standardisation as a strategic initiative and an operational element of the internal market necessitates deeper and more regular scrutiny by the co-legislators than is possible at an annual event;
Amendment 53 #
2022/2058(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the creation of an EU excellence hub on standards and the appointment of a chief standardisation officer (CSO) in the Commission; believes that this position and the hub, as a resource, should lead to greater consistency across the Commission in terms of standardisation requests and the preparation and adoption of standards and legislative provisions with relevance to standardisation; considers that the person holding this oversight function should be an important interlocutor for Parliament, enabling the technical scrutiny of the Commission’s standardisation activities; on a technical level;
Amendment 57 #
2022/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the Commission should establish a clear set of key performance indicators on the aspects of standardisation within its remit; considers that these KPIs should be managed via the CSO and hub and may contribute to more effective management and scrutiny of standardisation activities undertaken by the Commission;
Amendment 65 #
2022/2058(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the Commission wishes to accelerate the steps involved in developing standards; considers that the timely preparation of standards is necessary for the proper functioning of the internal market, in particular in the case of harmonised standards; stresses that delays in a variety of sectors have occurred, leading to difficulties for operators, national authorities and civil society where standards are not available or to fragmentation where only national standards can be used;
Amendment 74 #
2022/2058(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers that the Commission, with recourse to the High-Level Forum and hub, may better elaborate methods for the technical evaluation of standards, in order that there is alignment between all parties on what is required and there are processes for remedial works as a standard is developed rather than encountering delays once the experts complete their work;
Amendment 77 #
2022/2058(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that there may be inherent limits to speeding up the standardisation process, as the preparation of standards, citation of harmonised standards and industry implementation of those standards all add time before market adoption; recognises that it may be easier to accelerate administrative tasks, such as citation in the Official Journal, but that the unduly rushed preparation or deployment of standards creates challenges for all stakeholders, including national authorities as each enforced reduction in time risks the chance to achieve the broad consensus of all interested parties; encourages the Commission, in conjunction with improvements to its own internal processes, to continue working with the ESOs on ways of achieving timely delivery, including consideration of the most suitable standardisation deliverable depending on the need; calls therefore for stable, clear criteria for the assessment of harmonised standards, commonly understood by all stakeholders, as well as for the provision of the necessary resources to ensure the timely assessment and citation;
Amendment 83 #
2022/2058(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the importance of avoiding an excessive proliferation of standards; when setting priorities for standardisation and the issuing of new Standardisation requests, the starting point should be an overview of existing relevant standards and only develop new ones where clear gaps are identified; underlines the importance of providing support for the uptake and use of standards specially among SMEs;
Amendment 93 #
2022/2058(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Expects the swift implementation of the amending Regulation concerning the decisions of European standardisation organisations concerning European standards and European standardisation deliverables; considers that amending Regulation can help to reinforce decision- making and guard against undue influence, without affecting the important role played by the broader stakeholder- base in preparing effective standards that respond to public-interest and market needs;
Amendment 100 #
2022/2058(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the focus on national- level involvement of wider stakeholders in standardisation activities; considers that exchange of best practices may aid Member States and national standardisation bodies to improve participation of SMEs and civil society organisations, but cautions this should complement and not duplicate work already foreseen in ESOs or in networks already established by Annex III organisations; notes that not all organisations listed in Annex III have national counterparts in the Member States; considers that the Commission may direct funding or technical support to those organisations to ensure participation in national standardisation activities, including not only technical work on standards, but also the preparation of positions vis-à-vis standardisation requests at the European and international levels, thereby reinforcing the inclusivity of the process as a whole;
Amendment 109 #
2022/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the need for a consistent approach towards technical or common specifications, in particular as different legislative processes may give rise to divergent provisions; underlines though the risk that the development of common specifications hampers the development of standards, including due to duplication of work streams; considers, therefore, that this mechanism should only be used in exceptional circumstances and only while relevant standards do not exist; expresses concern about technical specifications concerning, among other things, respect for fundamental rights, where recourse to implementing acts affects the co-legislators’ powers of scrutiny;
Amendment 125 #
2022/2058(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that it is essential to improve European coordination and engagement at international level in relation to standardisation, while respecting the right of national delegations to reach their own decisions in international forums; considers, nevertheless, that where similar viewpoints exist, and are also shared with like-minded third-country partners, European policy leadership on standards development can act as a multiplier for European industrial leadership;
Amendment 127 #
2022/2058(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Welcomes the valuable role foreseen for international standardisation activities in the Strategy; considers that adoption of international standards by ESOs can aid European companies when they seek to trade outside of the Union; recalls that not all countries automatically adopt international standards as replacements domestically and encourages the Commission and Member States to encourage third countries to adopt this approach;
Amendment 133 #
2022/2058(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Notes that international consortia have specific relevance in certain sectors, including with respect to the twin transition; underlines the positive role that incorporating standards developed in consortia into the European standardisation scheme can have in achieving policy objectives, for example the adoption of USB-C as a common charging platform; urges the Commission and ESOs to build on this and other examples of best practice and consider how best to facilitate the adoption of consortia-led standards where they contribute to achieving Union goals;
Amendment 136 #
2022/2058(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Highlights that the effective participation of European SMEs and societal stakeholders in international standardisation continues to be a major challenge; calls for the European Commission and the ESOs to engage with international counterparts and like- minded trade partners to ensure greater inclusiveness of the international standardisation system and stronger representation of all stakeholders;
Amendment 137 #
2022/2058(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the value of commercialisation for research activities, including early consideration of the suitability for standardisation of projects launched under the Union’s research funding programmes; welcomes the creation of the ‘standardisation booster’, as a test bed for standards’ suitability; recalls that the collaborative nature, including with third-country researchers, of Union funded research may be beneficial to standards development and support not only the creation of standards but also the next-generation of experts involved in standardisation activities;
Amendment 143 #
2022/2058(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Supports the emphasis placed on standards activities in deployment programmes such as the Connecting Europe Facility and Digital Europe Programme, as key means to facilitate uptake of new and innovative technologies and approaches;
Amendment 155 #
2022/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates its call for greater collaboration among EU institutions, national governments and ESOs in order to develop training guidelines for policymakers and to create a standardisation culture; including an understanding of how standards processes work and when they can be used; considers this as necessary as other internal reforms in order to provide a solid platform for future standardisation activities, scrutiny and development of standardisation priorities;
Amendment 3 #
2022/2014(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— Having regard to the Commission Fitness Check of EU consumer law on digital fairness, which opened with a Call for Evidence launched on 17 May 2022
Amendment 34 #
2022/2014(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 35 #
2022/2014(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas online gaming functionalities rely on connectivity in order to provide a stable and high-quality experience; whereas respondents in countries such as Sweden, Poland and the Netherlands exceed 90% satisfaction with upload and download speeds of their internet connection, whereas for countries such as Germany, Romania and France more than 20% of respondents were unhappy with the speed of their service, while in Greece dissatisfaction exceeds 35%; whereas in rural areas dissatisfaction with internet service is 30% higher than in urban areas 1a _________________ 1a https://europa.eu/eurobarometer/surveys/ detail/2232
Amendment 44 #
2022/2014(INI)
Motion for a resolution
Recital E
Recital E
E. whereas spending excessive amounts of time playing online video games can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues, in particular with regard to minorthe WHO have identified ‘gaming disorder’ as a possible health condition, characterised by impaired control over gaming, increasing priority given to gaming over other activities to the extent that gaming takes precedence over other interests and daily activities, and continuation or escalation of gaming despite the occurrence of negative consequences. whereas to qualify, the behaviour should be of sufficient severity to result in significant impairment in personal, family, social, educational, occupational or other important areas of functioning and would normally have been evident for at least 12 months; whereas the WHO cites studies that suggest that gaming disorder affects only a small proportion of people who engage in digital- or video-gaming activities;
Amendment 51 #
2022/2014(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a study of 600 children in the UK found that 36.40% of children have paid to open a loot box in an online game, 15% of those purchasing loot boxes, or around 5% of children, have used their parents’ money without permission to fund their loot box purchases, and 94% haveof children borrowed money they could not afford to pay back to spend on loot boxes3 ; _________________ 3 https://www.rsph.org.uk/about- us/news/over-1-in-10-young-gamers-get- into-debt-because-of-loot-boxes.html
Amendment 53 #
2022/2014(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas a study of 4,000 children from the United States found a wide range of purchasing habits amongst children surveyed on their relationship with video games; whereas amongst 13-14 year olds 48.5% reported that they played video games but did not purchase any loot boxes, 10.3% purchased 1-5 loot boxes, 4.0% purchased 6-10 loot boxes, 3.2% purchased 11-20 loot boxes, and 7.4% purchased more than 20 loot boxes in the past year; whereas amongst 16-17 year olds 43.0% reported that they played video games but did not purchase any loot boxes, 7.1% purchased 1-5 loot boxes, 2.8% purchased 6-10 loot boxes, 1.8% purchased 11-20 loot boxes, and 5.3% purchased more than 20 loot boxes in the past year;
Amendment 57 #
2022/2014(INI)
Motion for a resolution
Recital G
Recital G
G. whereas 70%4 of parents use some form of parental control tool; whereas the majority of parents are concerned about the amount of time their children spends playing video games and the risks of exposure to harmful content, bullying, contact with adult strangers and in-game purchasesa study of parental attitudes towards media use by their children found that 97%4 of parents use some form of parental control in relation to their child's access to online content, including video games; whereas the study also found that almost six in ten were aware of parental controls built into the device by the manufacturer and 32% said they used them; whereas the majority of respondents also reported to have spoken to their children about staying safe online (79%), with almost half doing so at least once a month (44%); _________________ 4 https://www.ofcom.org.uk/__data/assets/pd f_file/0024/196413/concerns-and- experiences-online-harms-2020-chart- pack5/217825/children-and-parents- media-use-and-attitudes-report-2020- 21.pdf
Amendment 59 #
2022/2014(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas a study found that 75% of parents have an agreement with their child about in-game spending in relation to video games1a; _________________ 1a https://www.isfe.eu/wp- content/uploads/2021/12/GameTrack-In- Game-Spending-2020.pdf.pdf
Amendment 60 #
2022/2014(INI)
Motion for a resolution
Recital H
Recital H
H. whereas 697% of parents in Europe are aware of the PEGI system and 69, 78% of them find the PEGI label useful in deciding whether or not to buy a game for their children5 ; _________________ 5 https://www.isfe.eu/wp- content/uploads/2021/10/2021-ISFE- EGDF-Key-Facts-European-video- games-sector-FINAL.pdfand 71% consider it to be trustworthy; whereas 73% of gamers in Europe are aware of the PEGI system, with 74% finding the label useful and 69% consider it to be trustworthy; whereas 87% of both parents and gamers find PEGI labels to be clear;
Amendment 62 #
2022/2014(INI)
I. whereas the time spent playing video games has increasednot fundamentally changed in recent years, with Europeans spending on average 9.5 hours a week playing video games in 2020, compared to 8.6 hours in 2019; 8.8 hours in 2018 and 9.2 hours in 20176 , even accounting for the COVID-19 pandemic; _________________ 6 https://www.isfe.eu/wp- content/uploads/2021/10/2021-ISFE- EGDF-Key-Facts-European-video-games- sector-FINAL.pdf.
Amendment 79 #
Amendment 80 #
2022/2014(INI)
Motion for a resolution
Subheading 1
Subheading 1
1a. Bolstering consumer protection in online video games
Amendment 81 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines the value of video games for both online and offline play as popular entertainment enjoyed by significant numbers of Europeans, across all ages and Member States, and as a cultural expression of its creators, individual players and wider gaming communities;
Amendment 82 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Emphasises that video games are a highly innovative digital sector in the European Union and the sector is responsible for 90,000 direct jobs in Europe; underlines that video games straddle both digital and cultural sectors, as video games also represent a crucial part of the cultural and creative ecosystem with it making up over 50% of the added- value of the overall EU market for audio- visual content;
Amendment 83 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Recalls the importance of SMEs in the European video games value chain and the global prominence many European companies developing for console, PC and mobile gaming markets enjoy; expresses disappointment that such international success and cultural appeal is often overlooked when considering European leadership in digital technologies and services;
Amendment 84 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Welcomes the launch of the pilot project proposed by the European Parliament entitled "Understanding the Value of a European Games Society", which aims to gather comprehensive data to support policy making affecting the sector; notes that some of the problems faced by the sector include talent development and retention, the impact of regulation in a global marketplace, access to finance and the social and cultural impacts of video games; further notes that such work shall be completed in 2023;
Amendment 85 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. 1aa (new). Recalls that consumers of video games enjoy protections already under European consumer law, including under the existing Unfair Commercial Practices Directive; Welcomes the Commission's Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, which offers direction on the application of EU consumer law on in-game promotions and advertising, including to children, in- game purchases and the presence of paid random content;
Amendment 90 #
2022/2014(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the measures taken to better protect consumers; notes, however, the need for a single, coordinated approach between Member Statesgreater consistency between Member States in their enforcement of existing consumer law in order to avoid fragmentation of the single market and to protect European consumers;
Amendment 101 #
2022/2014(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; calls for mechanisms to be put in place to exercise stricter parental control over the amount of time and money children spend on games, among other thingsrecalls that platform-level parental controls are not the only method used by parents to monitor and manage access to content by their children; notes, however, that parents may find it difficult to use such tools and encourages platforms to simplify steps needed to use those tools where parents wish to do so;
Amendment 107 #
2022/2014(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to obtain rewards through loot boxes; there are a variety of business models adopted in the video games sector; notes some video games operate on a free-to-play basis or with in- game purchases, including the option to obtain rewards through loot boxes; notes that games with an unfair pay-to-win model or which lock popular content behind paywalls have attracted negative reactions from gaming communities, leading to negative reviews and even changes to games prior or soon after their release;
Amendment 119 #
2022/2014(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that it has not yet been clearly establishedthe decision on whether loot boxes may be considered gambling in Europe; notes, however, that several rests with national authorities, in line with the competences of the Member States; notes that one Member States have considers classified loot boxes to beas gambling aund have adopted regulatory measures to ban them; er their national legislation; recalls on the Commission to analyse and determine whether or not loot boxes can be considered to be a gambling activity and, if so, to take the necessary steps to bring about a common European approachconclusions of the European Parliament study which recommended to consider paid random content as a consumer protection issue and the parallel activities of the European Commission in connection with the Unfair Commercial Practices Directive Guidance and other initiatives particularly aimed at the protection of children on the internet in general;
Amendment 127 #
2022/2014(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that certain game designs used for in-game purchasing systems can be particularly harmful when targeted at minors; calls for such advertising to be banned when targeted at minorschildren; welcomes therefore the Guidance of the European Commission which underlines that existing law already can be used to tackle misleading practices, including in relation to in-game promotion and in-game purchases, the requirement to display prices in real- world currencies and advertising directed at children;
Amendment 144 #
2022/2014(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that consumers should have allenjoy rights concerning pre-contractual information, and should therefore be able to access the necessary information about an online video game before startprior to their initial purchase and ing to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and ohe course of any in- game purchases while they play the game; welcomes the additional information provided under the PEGI system which provides content descriptors and age advisory notices to improve ther information that may be considered to be of interestavailable to consumers at their time of purchase;
Amendment 158 #
2022/2014(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that once an item has been obtained in a video game, it cannot typically be exchanged for actual money; stresses that, above and beyond consumer protection issues, these services have led to money laundering; within normal gameplay; regrets that third-party stores seek to trade in in-game items, which is contrary to terms and conditions applied by video game publishers; recalls on the Commission to put an end to this practice; considers that the Digital Services Act may help mitigate this problem, in particulfinding of the European Parliament study into loot boxes that regulators and the industry have been largely successful in tackling the issue of "skin gambling", while for other forms of illegal exchange, which run contrary through the implementao the terms and conditions of the ‘know your business customer’ obligationpublishers, legal actions are taken against third-party platforms who break those terms;
Amendment 166 #
2022/2014(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to make a legislative proposal on online video gaming to establish a European regulatory framework with the aim of harmonising rules between Member States and better protecting players, in particular minorcontinue to monitor enforcement of existing consumer rules and to work together with national consumer protection authorities and collectively in the CPC format to better protecting players, in particular children, from unfair commercial practices and other infringements of their consumer rights;
Amendment 175 #
2022/2014(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises the importance of mental health, particularly that of minorschildren; stresses that the COVID-19 pandemic exacerbated the situation, causing fear, isolation and a feeling of insecurity; recalls for action to be taken by game developers to avoid problems the positive role that online connectivity played in ensuring that Europeans could still communicate, interact and create together, including via online video games; reminds that gaming can provide also safe and interactive avenues for individuals who experience social disconnection or isolation in real-life environments; notes more generally the opportunities and new perspectives offered by access to crelated to addictionive expression and cultural content, in particular for younger people;
Amendment 182 #
2022/2014(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that adequate online connectivity is essential for equal access to cultural products and entertainment services across the single market; notes that citizens in many Member States report dissatisfaction with their connectivity and that a disparity remains between rural and urban populations in the connectivity that is available to them; calls on the European Commission to continue to act to improve Europe's digital infrastructure, which supports not only the creative industries developing high-quality content, but the access of European citizens to those culturally significant titles;
Amendment 187 #
2022/2014(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. StressesBelieves there is a risk that playing online video games excessively can have a negative impact on social relations, such as school drop-out, physical and mental health problems, and poor academic performance, twhile research also shows that video ngame but a few issues; calls for the strengthening of supervisory mechanisms for children and adolescents may have a positive impact, thus emphasising the need to strike a healthy balance, as with all types of consumption; underlines the need for national authorities to support parents implement their own rules or to use parental control tools in order to agree and manage, with their child, their child's consumption of digital content, including video games;
Amendment 198 #
2022/2014(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. StressNotes that video game addiction, also known as ‘gaming disorder’, is a problem for somea small proportion players; notes that the World Health Organisation has classified ‘gaming disorder’ as a form of addiction;
Amendment 207 #
2022/2014(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that scientific research has shown that puberty and adolescence are periods in life when people are most at risk of addictive behaviour; calls for further collaborative work among video games developers and vendors to issue guidance and tools, as well as to work with stakeholders and agencies, publishers, platforms and the wider stakeholder community, including national authorities and the European Commission, to help mitigate the risk of ‘gaming disorders’;
Amendment 209 #
2022/2014(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 219 #
2022/2014(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that video games can be a useful tool during learning processes and that certainmany games are specifically designed for children's educational purposes; points out that video games are also used to develop critical thinking and stimulate creativity, to provoke debate about societal issues or to deepen understanding of historical or cultural events, among others; recalls that video games feature on national educational curricula; points out that video games are also used to develop critical thinking and stimulate creativity; stresses too that video games have continuing applications later in life, where they may offer mental stimulation and opportunities for connectivity for older persons;
Amendment 223 #
2022/2014(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes industry-led initiatives such as Pan European Game Information (PEGI); considers that such a rating system can be particularly beneficiaperforms well in providing information on the recommended minimum age and protecting minors from inappropriate game cage for playing a game, helping parents to select appropriate game content for their children; underlines that the rating system forms one part of the overall PEGI Code of Conduct, which collectively aims at ensuring a safe environtment for gamers; welcomes the functionupdated approach by PEGI which now informs consumers if a game includes paid random pay-to-play features; notes that some countries have made the PEGI system law and calls on the Commission to explore the possibilities for entrenching it in EU lawcontent; underlines that the presence of in-game paid content, including paid random content, does not preclude parents from managing access to that type of content, while permitting a child to access the base game that they judge to be age-appropriate; notes that some countries have made the PEGI system legally enforceable in relation to the purchase of games, while others recommend its use recognising its position as the industry standard in this area;
Amendment 230 #
2022/2014(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Encourages industry, independent expert partners, rating agencies and consumer associations to continue awareness-raising campaigns on the PEGI system and to remain responsive to adapt the rating system in response to developments in video games and their in- game content, to continue to facilitate parental choice;
Amendment 237 #
2022/2014(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to assess how PEGI systems are being implemented in the different types of games available on the market and across the Union and to propose concrete actions to ensure they are being used effectivelyEncourages wider adoption of the PEGI system by those industry players who do not currently use it, in particular where information provided on their platforms to parents is less detailed than is offered under the PEGI system;
Amendment 239 #
2022/2014(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Underlines that the PEGI system offers a recommendation to consumers, in particular parents, prior to purchase of the video game and does not establish a legal minimum age for access to that cultural good, even in countries where the PEGI system is incorporated into domestic law; cautions strongly against any such system of age verification related to access to content, in particular due to concerns relating to user privacy and discriminatory treatment compared to other forms of entertainment which may also have an age recommendation;
Amendment 242 #
2022/2014(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 248 #
2022/2014(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 251 #
2022/2014(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 254 #
2022/2014(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Draws attention to the fact that, in addition to illegal content, harmful content can also be disseminated in video games through in-game communication features; stresses that the video games industry must adopt appropriate measures and tools to protect all users from harmful content, in line with applicablerecalls that evidence suggests this is a less frequent occurrence than on other types of platforms but nevertheless notes that platforms should adopt appropriate measures in order to comply with relevant national and EU legislation which addresses this risk;
Amendment 37 #
2022/2013(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that the EU has established a comprehensive legal framework for accessibility in the single market; regrets, however, that the implementation of such crucial legislation remains underway or, where applied, has not yet been satisfactory, mostly due to the lack of qualified accessibility experts; stresses the need for improving the overall knowledge, as well as practical and theoretical expertise, on accessibility policies among public administrations and economic operators, in order to help find suitable solutions in each Member State;
Amendment 41 #
2022/2013(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. BNotes that individual legal acts provide for working groups or other fora for addressing common implementation challenges, but believes that the absence of a coordination and cooperation framework between the EU, the Member States and the relevant stakeholders that supports cross-cutting solutions represents a further obstacle to the implementation of accessibility laws and to the harmonised enforcement across the EU;
Amendment 54 #
2022/2013(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to establish a secretariat and a forum to steer and lead the work of the Centre; underlines that the forum should guarantee the balanced participation of stakeholders and right-holders with suitable experience in the field of accessibility; stresses that equal gender representation should be ensured;
Amendment 68 #
2022/2013(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that the Centre should function as a hub which provides relevant EU institutions and bodies and its Member States when implementing Union law with regular assistance and expertise relating to accessibility policies and technical requirements; believes that the Centre should establish a cooperation framework that would bring together the relevant national and Union bodies with all users groups, in particular organisations representing persons with disabilities, civil society organisations, academia and professionals from all areas of accessibility, in order to guarantee harmonised enforcement across the EU, provide guidance and training,provide guidance and training, and to support harmonised implementation and enforcement and to inspire policy learning and innovation at national and EU level, including through the identification and sharing of best practices;
Amendment 72 #
2022/2013(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is of the opinion that the Centre shouldmay provide research and studies to both the Commission and the Member States, as well as collect and consolidate specialised and comparable information and data, including feedback on the implementation of accessibility laws; highlights that these actions would help accessibility policies to be solidly based on users’ requirements and experiences;
Amendment 81 #
2022/2013(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that implementing accessibility policies requires a high degree of technical expertise and ismay not sufficiently included inbe present across all higher education programmes, thus leadcontributing to a lack of qualified accessibility experts in the public and private sectors across domains; stresses that the Centre should provide training tosupport and facilitate the profesvisionals, of training to EU and national public officials and to relevant stakeholders and right-holderprofessions, to support national implementation and further awareness raising and training programmes;
Amendment 84 #
2022/2013(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Regrets thatConsiders that representation within the standardisation system does not adequately allowshould be improved for persons with disabilities and their representative organisations to participate on an equal footing with other stakeholderin the activities of European standardisation bodies when drafting accessibility standards; considers that the Centre should appoint technical experts to the standardisation committees and, where possible, should assist the Commission in drafting technical specifications by involving all relevant stakeholders and right-holders;
Amendment 86 #
2022/2013(INI)
15. Calls on the Commission to assess the developments in accessibility-related policies regularly and to creatreview the man agency within five years of the establishment of the Centre if the objectives listed indate provided to the Centre regularly to ensure its mandate are not accomplishedeets its aims;
Amendment 55 #
2022/0379(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Interoperable Europe Board shall adopt guidelines on the content of the interoperability assessment by ... at the latest [one year after the entry into force of this Regulation], including practical check lists. When adopting the guidance, the Interoperable Europe Board shall take into account reduced organisational and technical structures of regional and local public bodies and avoid an excessive burden for such authorities.
Amendment 77 #
2022/0379(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission, assisted by the Interoperable Europe Board, shall provide training material on the use of the EIF and on Interoperable Europe solutions including the support to carry out cross- border interoperability assessments. Public sector bodies and institutions, bodies and agencies of the Union shall provide their staff entrusted with strategical or operational tasks having an impact on network and information systems in the Union with appropriate training programmes concerning interoperability issues.
Amendment 79 #
2022/0379(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The peer review shall be conducted by interoperability experts drawn from Member States other than the Member State where the public sector body undergoing the review is located. TBy ... at the latest [12 months after the date of application of this Regulation], the Commission mayshall, after consulting the Interoperable Europe Board, adopt guidelines on the methodology and content of the peer-review. The Commission shall cover the costs of the peer-review.
Amendment 95 #
2022/0379(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. By ... at the latest [threeseven years after the date of application of this Regulation], and every four years thereafter, the Commission shall present to the European Parliament and to the Council a report on the application of this Regulation, which shall include also information on: a) how many interoperability solutions were in different sectors, across the Member States, and at local level in relation to this Regulation; b) how many open-source solutions for the public services, public sector innovation and the co-operation with GovTech actors in the field of interoperability of digital public services were developed in relation to this Regulation; c) how many persons received the training in accordance with Article 13 of this Regulation, divided by the Member States and different sectors; d) impact and effectiveness of the training received in accordance with Article 13 of this Regulation to the public services; e) comparison of interoperability models use by the Member States, including best practices analysis in relation to the cost- benefit results, transparency, decentralisation level; f) impact of this Regulation on EU cross- border interoperability and on interoperability between government levels within Member States; g) impact of new interoperable solutions to the cybersecurity and resilience of the new interoperability solutions; h) impact of new interoperable solutions to economic growth; i) time of public services saved by the new interoperability solutions; j) cost savings of interoperability disaggregated from the wider benefits of digitalisation; k) impact of this Regulation on innovation;and conclusions of the evaluation. The report shall specifically assess the need for establishing mandatory interoperability solutions. In such case, the report shall provide evidence on the existence and scale of the problems.
Amendment 98 #
2022/0379(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
It shall apply from [312 months after the date of entry into force of this Regulation].
Amendment 14 #
2022/0365(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The technical requirements for the type-approval of motor vehicles, engines and replacement parts with regard to emissions (‘emission type-approval’) are currently set out in two Regulations that apply to emission type-approval for light- duty and heavy-duty vehicles respectively, i.e. Regulation (EC) No 715/2007 of the European Parliament and of the Council (‘Euro 6’)44 and Regulation (EC) No 595/2009 of the European Parliament and of the Council (‘Euro VI’)45 . The reason for having two Regulations was that the emissions of heavy-duty vehicles were checked based on engine testing, while for light-duty vehicles the basis was whole vehicle testing. Since then, methodologies have been developed that allow testing of both light- and heavy-duty vehicles on the road. It is therefore no longer necessary to base type-approval on engine testing. __________________ 44 Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1). 45 Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).
Amendment 16 #
2022/0365(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Incorporating the requirements laid down in Regulation (EC) No 715/2007 and Regulation (EC) No 595/2009 into a single Regulation should ensure internal coherence of the system of emission type- approvals for both light and heavy-duty vehicles, while allowing for different emission limits and testing parameters for such vehicles.
Amendment 20 #
2022/0365(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is also necessary to reduce complexity, administrative and implementation costs for manufacturers and authorities and to ensure effective and efficient implementation of the Euro emission standards. Simplification is achieved by eliminating differentThe process of simplification involves removing various application dates for the limits and tests which existed underfound in Euro 6 and Euro VI, by eliminating multiple and complex emission tests where such tests are not needed, by referring toexcessive and convoluted emission tests, referencing relevant standards underfrom existing UN Regulations where applicable, and by ensurestablishing a streamlined and consistentstandardized set of procedures and tests for the various phases of the emission type- approval. all phases of emission type-approval. To this end, it is imperative that this regulatory act upholds the mobility rights of EU citizens, while ensuring freedom of choice in purchasing their preferred vehicle or engine. It is also essential to keep the prices of private and commercial vehicles affordable for citizens and businesses, to maintain industrial competitiveness and innovation, and to support job creation and skill development in the sector. To achieve these goals, the EU should offer dedicated financial resources and programs as the industry transitions towards carbon neutrality.
Amendment 21 #
2022/0365(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The rising cost of living is the most pressing worry for 93% of European citizens according to the results of the European Parliament’s Autumn 2022 Eurobarometer1a. It is therefore vitally important to ensure affordable new vehicle prices for consumers and businesses as they provide essential mobility, and often represent the primary mode of transportation due to limited public transportation options, particularly in suburban and rural areas. In this context, the Commission's estimates of additional direct costs for vehicle categories appear incomplete, as they neglect to account for the indirect costs to consumers and the increased manufacturing expenditure associated with battery-electric vehicles, particularly battery durability. According to industry analysis, the actual average incremental direct costs of Euro 7, primarily driven by equipment and investment expenditures, significantly exceed the figures presented in the impact assessment. These higher estimates range from €2,000 per passenger car/light-duty vehicle to €12,000 per heavy-duty vehicle, representing a four to tenfold increase compared to the Commission's projections
Amendment 22 #
2022/0365(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7 b) The Commission's impact assessment also overlooks the high indirect costs to consumers resulting from increased fuel consumption, especially for heavy-duty vehicles. These unaccounted outgoings could exceed the total costs reported in the Commission evaluation. Experts in the industry note that meeting the proposed Euro 7 requirements may lead to higher fuel consumption, including additional fuel required to warm up the catalytic converter during cold starts. This results in substantial additional indirect costs for consumers and logistics companies. For example, a heavy-duty vehicle with a mileage of around 1 million kilometres and a fuel consumption rate of 25 litres per 100 kilometres, with diesel priced at €2 per litre, would incur an extra cost of €17,500 over its lifetime due to a 3.5%-point fuel increase. Similarly, the fuel cost increase for passenger cars and light commercial vehicles under Euro 7 would amount to approximately €700 per vehicle1a. Moreover, the impact assessment fails to account for other factors that could escalate costs for consumers, such as new requirements related to reducing tyre abrasion emissions, higher charges associated with battery-electric vehicles, and potential limitations in entry-level vehicle choices for consumers.
Amendment 26 #
2022/0365(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure that the exhaust emissions for both light and heavy -duty vehicles are limited in real life, testing vehicles in real conditions of use with a minimumacross a statistically representative, non-biased set of restrictions, boundaries and other driving requirements and not only in the laboratory is required.
Amendment 29 #
2022/0365(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 31 #
2022/0365(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) There are now technologies available and used widely worldwide that limit evaporative emissions of volatile organic compounds during the use, parking and refuelling of a vehicle with petrol fuel. It is therefore appropriate to set the emission limits for such volatile organic compounds at a lower level and introduce emission limits for the refuelling phase. for new vehicles and Member States may adopt other measures at the national level to ensure that Stage II refuelling controls at petrol stations, in accordance with Commission Directive 2014/99/EU, maintain their efficacy in controlling refuelling of all petrol-run vehicles.
Amendment 33 #
2022/0365(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Non-exhaust emissions consist of particles emitted by tyres and brakes of vehicles. Emissions from tyres is estimated to be the largest source of microplastics to the environment. As shown in the Impact Assessment, it is expected that by 2050, non-exhaust emissions will constitute up to 90% of all particles emitted by road transport, because exhaust particles will diminish due to vehicle electrification. Those non-exhaust emissions should therefore be measured and limited. The Commission should prepare a report on tyre abrasion by the end of 2024 to review the measurement methods and state-of-the- art in order to proposdeveloped in the UN WP29 common GRBP/GRPE Task Force on Tyre Abrasion with the view of ensuring consistency in the definition of tyre abrasion limits. Additionally, the report should comprehensively evaluate the impact of the tyre abrasion rate limits and requirements, which will address deficiencies identified in the impact assessment of this Regulation.
Amendment 38 #
2022/0365(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Tampering of vehicles to remove or deactivate parts of the pollution control systems is a well-known problem. Such practice leads to uncontrolled emissions and should be prevented through action to deter the advertising, sale and installation of tampering devices. Tampering of the odometer, leads to false mileage and hampers the proper in-service control of a vehicle. It is, therefore of the utmost importance to guarantee the highest possible security protection of those systems, complete with security certificates and appropriate anti- tampering protection to ensure that neither pollution control systems nor the vehicle odometer can be tampered withall Member States should introduce vehicle mileage recording when a vehicle is serviced or during a periodic technical inspection. Accordingly, it is important that new vehicles are designed with appropriate security protection of those systems.
Amendment 40 #
2022/0365(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Sensors and other sophisticated strategies installed on vehicles are already used today to detect anomalies on emissions and trigger related repairs through the on-board diagnostic (OBD) system. The OBD system currently in use, however, does not detect accurately or timely the malfunctions and neither does it sufficiently and timely force repairs. As a result, ienhance their functionality in order to detect anomalies on exhaust emissions, store data and trigger the need for related repairs through the on-board diagnostic (OBD) system and the dashboard Malfunction Indicator (MI). It is possible that vehicles emit much more than they are allowed to do. The sensors used up to now for OBD can also be used to moni depending on how promptly drivers or operators and control the emission behaviour of the vehicles on a continuous basis via an on-board monitoring (OBM) system. The OBM will also warn the user to perform repairs of the engine or the pollution control systems when these are needed. It isddress the warning signalled by the MI. In some cases, sensors that have been ordinarily used for OBD can also serve the purpose of monitoring the exhaust emission behaviour of vehicles, thereby enhancing ther efore appropriate to require that such a system is installed and to regulate its technical requirementsficiency and functionality of OBD.
Amendment 41 #
2022/0365(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 45 #
2022/0365(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In case the Commission makes a proposal for registering after 2035 new light-dutyorder to align with the provisions of Regulation (EU) 2023/851, it is recommended that the Commission propose a measure for registering new vehicles runningthat exclusively run on CO2 neutral fuels after 2035, outside the scope of the CO2 fleet standards, and in conformitympliance with Union law and the Union’'s climate neutrality objective. Consequently, this Regulation will need to be amended to include the possibility to type approve such vehicles.
Amendment 48 #
2022/0365(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in relation to obligations of manufacturers as part of type-approval and procedures, test and methodologies to be applied for declaration of conformity, conformity of production check, and in-service conformity-check and environmental vehicle passport (EVP); options and designations of vehicles; requirements, tests, methods and corrective measures related to durability of vehicles, systems, components and separate technical units, as well as registration and communication capabilities of OBM systems, including for the purpose of periodic technical inspections and roadworthiness checks; requirements and information to be provided by manufacturers of multistage vehicles as well as procedures to determine the CO2 value for these multistage vehicles; technical elements, administrative and documentation requirements for emission type-approval, checks and inspections and market surveillance checks, as well as reporting obligations, in-service conformity and conformity of production checks; methods and tests to (i) measure exhaust emissions in the lab and on the road, including random and worst-case RDE test cycles, the use of portable emissions measurement systems for verifying real driving emissions, and idle emissions, (ii) determine the CO2 emissions, fuel and energy consumption, the electric range and engine power of a motor vehicle, (iii) provide specifications for gear shift indicator (GSI) (iv) determine the impact of O3, O4 trailers on the CO2 , fuel and energy consumption, electric range and engine power of a motor vehicle, (iv) measure crankcase emissions, evaporative emissions, and brake emissions in conformity with the UN WP29, (v) evaluate compliance with minimum performance requirements of battery durability in conformity with the UN WP29, (vi) assess the in-service conformity of engines and vehicles; compliance thresholds and performance requirements, as well as (vii) test and methods to ensure the monitoring performance of sensors (OBD and OBM); (viii) methods to ensure and assess security measures; specification and characteristics of driver warning systems and inducement methods and to assess their correct operation; (ix) methods to assess the correct operation, effectiveness, regeneration and durability of original and replacement pollution control systems; (x) methods to ensure and assess security measures including vulnerability analysis and tampering protection; (xi) methods to assess the correct functioning of types approved under specific EURO7 designations; (xii) criteria for emission type-approvals for small and ultra-small volume manufacturers; (xiii) checks and test procedures for multistage vehicles; (xiv) performance requirements for test equipment; (xv) specification of reference fuels; and (xvi) methods for assessing the absence of defeat devices and defeat strategies; (xvii) to measure tyre abrasion, as well as (xviii) EVP format, data and method of communication of the EVP data in conformity with UN WP29, as well as (xviii) measures to clarify the application of tests which manufacturers, Member States, third parties/Commission should exercise for initial type approval, conformity of production, in-service conformity and market surveillance. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 50 . __________________ 50 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 49 #
2022/0365(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to amend or supplement, as appropriate, non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of test conditions based on data collected when testing Euro 7 vehicles, brakes or tyres; the application of test requirements, in particular taking into account technical progress and data collected when testing Euro 7 vehicles; introducing vehicle options and designations based on innovative technologies for manufacturers but also, but only to reduce procedural complexity; setting out brake particle emission limits and abrasion limits for tyre types as well as minimum perf, in accormdance requirements of batteries and durability multipliers baswith the test method and limits developed oin data collected when testing Euro 7 vehicles and setting out definitions and special rules for small volume manufacturers for vehiclethe UN WP29, as well as minimum performance requirements of cbattegories M2, M3, N2, N3,. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making51 . In particular, in order to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 51 OJ L 123, 12.5.2016, p. 1.
Amendment 51 #
2022/0365(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) It is important to grant Member States, national type-approval authorities and economic operators enough time to prepare for the application of the new rules introduced by this Regulation. The date of application should therefore be deferred. While for light duty vehicles the date of application should be as soon as technically possiblefor new types should be 36 months from the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation, for heavy -duty vehicles and trailers the date of application may be further delayed by two yearsfor new types should be 48 months from the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation, since the transition to zero and low-emission vehicles will be longera major technological challenge requiring additional lead time for heavy -duty vehicles.
Amendment 55 #
2022/0365(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes common technical requirements and administrative provisions for the emission type-approval and market surveillance of motor vehicles, systems, components and separate technical units, with regard to their CO2 and pollutant emissions, fuel and electric energy consumption and battery durability.
Amendment 56 #
2022/0365(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. For the purposes of emission type- approval and market surveillance of newly manufactured tyres, the technical requirements and administrative provisions laid down in this Regulation must be taken into account in conjunction with the tyre technical requirements and administrative provisions of the General Safety Regulation (EU) 2019/2144.
Amendment 58 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 2
Article 3 – paragraph 2 – point 2
(2) ‘initial emission type approval’ or ‘IETA’ means the first phase of an emission type approval procedure before the emission type approval certificate is granted by the authorities and vehicles, separate technical units or components are put into production;
Amendment 59 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 4
Article 3 – paragraph 2 – point 4
(4) ‘in-service conformity’ or ‘ISC’ means the activities carried out on vehicles separate technical units or components in circulation with the purpose of verifying the durability requirements set out in this Regulation;
Amendment 60 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 5
Article 3 – paragraph 2 – point 5
(5) ‘engine’ means the propulsion source of an internal combustion engine vehicle (ICEV);
Amendment 62 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 9
Article 3 – paragraph 2 – point 9
(9) ‘CO2 emissions’ or ‘CO2’ means the emission of carbon dioxide from the tailpipe of the motor vehicle or engine;
Amendment 63 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 10
Article 3 – paragraph 2 – point 10
(10) ‘nitrogen oxides’ or ‘NOx’ means the sum of the oxides of nitrogenNO and NO2 emitted from the tailpipe;
Amendment 64 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 11
Article 3 – paragraph 2 – point 11
(11) ‘particulate matter’ or ‘PM’ means any material emitted from the tailpipe or the brakes and collected on a filter media in accordance with the procedure prescribed in this Regulation; ;
Amendment 65 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 14
Article 3 – paragraph 2 – point 14
(14) ‘10 nm particle number above 10 nm’ or ‘PN10’ means the total number of solid particles emitted from the tailpipe or the brakes that have a diameter larger or equal than, measured according to the provisions of this Regulation, with a nominal cut-off size at 10 nm;
Amendment 67 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 24
Article 3 – paragraph 2 – point 24
(24) ‘vehicle energy consumption calculation tool’ or ‘VECTO’ means a simulation tool used for determining CO2 emissions, fuel consumption, electric energy consumption and the electric range from heavy -duty vehicles; ‘energy consumption’ means the consumption of electric energy from each and all propulsion sources within a vehicle;
Amendment 68 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 29
Article 3 – paragraph 2 – point 29
Amendment 71 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 34
Article 3 – paragraph 2 – point 34
(34) ‘original pollution control systems’ means a pollution control system or an assembly of such systems covered by the type-approval granted for the vehicle concerned and installed on the vehicle at the time of its initial registration;
Amendment 74 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 36
Article 3 – paragraph 2 – point 36
Amendment 75 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 37
Article 3 – paragraph 2 – point 37
(37) ‘on-board diagnostic system’ or ‘OBD’ means a system that can generate vehicle on-board diagnostic (OBD) information, as defined in Article 3, point 49, of Regulation (EU) 2018/858 and is capable of communicating that information via the OBD port and ovin the context of this Regulation, a system on-board the vehicle that can detect malfunctions in the monitored emission control systems, identify the probable cause of the malfunction using fault codes stored in the computer memory, and illuminate the Malfunction Indicator (MI) to alert the aivehicle operator;
Amendment 76 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 37 a (new)
Article 3 – paragraph 2 – point 37 a (new)
(37 a) ‘vehicle on-board diagnostic (OBD) information’ means the information generated by a system that is on-board a vehicle or that is connected to an engine, and that is capable of detecting a malfunction, and, where applicable, is capable of signalling its occurrence by means of an alert system, it can also identify the probable cause of the malfunction by means of information stored in a computer memory, and is capable of communicating that information optionally off-board;
Amendment 78 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 38
Article 3 – paragraph 2 – point 38
(38) ‘on-board monitoring system’ or ‘OBM’ means a system on board a vehicle that is capable of detecting either emission exceedances or when a vehicle is in zero emission mode if applicable, and capable of indicating the occurrence of such exceedances by means of information stored in the vehicle, and of communicating thatmonitoring emissions while taking into account the tolerance of OBM measurements and delivering information via the OBD port and, optionally, over the air;
Amendment 79 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 40
Article 3 – paragraph 2 – point 40
(40) ‘defeat device’ means any software or hardware that senses temperature, vehicle speed, engine speed , transmission gear, manifold vacuum or any other parameter to activate, mod design component that allows a vehicle to appear compliant during testing but not during normal driving conditions, or manipulate,s delay or deactivata related the operation of any part of the pollution control system, with the purpose of reduco sensors, fuel/energy consumption, electric range, or battery durability, resulting in the effectiveness of the pollution control system when the vehicle is drivenvehicle not meeting regulatory requirements when driven outside of testing conditions;
Amendment 83 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 44
Article 3 – paragraph 2 – point 44
(44) ‘tampering’ means the inactivatreal driving emission,s’ or modification by the economic operators or independent operators, of the engine, vehicle pollution control device and system, propulsion system, traction battery, odometer, OBFCM or OBD/OBM, including any software or other logical control elements of those systems and their data;‘RDE’ means the emissions of a vehicle under normal driving conditions and maximum one of the extended conditions at the same time as specified in Tables 1 and 2 of Annex III and Article 4 of Regulation (EC) 595/2009 and Annex II of Regulation (EU) 582/2011
Amendment 84 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 57 a (new)
Article 3 – paragraph 2 – point 57 a (new)
(57 a) (57a) ‘CO2 neutral fuel’ means a renewable and/or synthetic fuels as defined in Directive (EU) 2018/2001, which include biofuels, biogas, biomass fuel, Renewable liquid and gaseous transport Fuel of Non Biological Origin (RFNBO), or Recycled Carbon Fuel (RCF). Such fuels have net-zero CO2 emissions during use, indicating that the CO2 equivalent of the carbon contained in the fuel's chemical composition is biogenic in origin or has been prevented from being released into the atmosphere. Any other renewable and/or synthetic fuels that satisfy the above conditions and the sustainability criteria of Directive (EU) 2018/2001 and associated delegated acts may also fulfil this definition.
Amendment 85 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 57 b (new)
Article 3 – paragraph 2 – point 57 b (new)
(57 b) ‘Carbon Correction Factor (CCF)’ means a factor which applies a correction to the CO2 tailpipe emissions of vehicles for compliance assessment, to reflect the GHG emission intensity and the share of CO2 neutral fuels;
Amendment 87 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 67
Article 3 – paragraph 2 – point 67
(67) ‘zero-emission range’ means the maximum distance a zero-emission vehicle can travelvehicle can travel in zero-emission mode when driving the appropriate cycle in this Regulation until the traction battery or fuel tank is depleted, which for PEVs corresponds to the electric range;
Amendment 90 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 71
Article 3 – paragraph 2 – point 71
Amendment 92 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 77
Article 3 – paragraph 2 – point 77
Amendment 94 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 78
Article 3 – paragraph 2 – point 78
Amendment 95 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Manufacturers shall ensure that the new vehicles they manufacture, which are sold, registered or put into service in the Union, are type approved in accordance with this Regulation. MFrom the specific application dates described in this Regulation, manufacturers shall ensure that the new components or separate technical units, including engines, traction batteries, brake emission systems and replacement pollution control systems requiring type- approval which they manufacture and which are sold or put into service in the Union are type approved in accordance with this Regulation .
Amendment 100 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
When verifying compliance with the exhaust emission limits, where the testing is performed in maximum one of the extended driving conditions at the same time, the emissions shall be divided by the extended driving divider set out in Annex III, Article 4 of Regulation (EC) 595/2009 and Annex II of Regulation (EU) 582/2011.
Amendment 117 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The manufacturer shall take measures to prevent the possibility of exploiting vulnerabilities referred to in paragraph 7. When such a vulnerability is found, the manufacturer shall remove the vulnerability, by software update or any other appropriate means to the fullest extent possible based on the best available knowledge at the time of type approval.
Amendment 119 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 10
Article 4 – paragraph 10
Amendment 125 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Manufacturers may designate vehicles of category M1 and N1 as “Euro 7G vehicle” where those vehicles are equipped with internal combustion engines with geofencing technologies. The manufacturer shall install a driver warning system on those vehicles to inform the user when the traction batteries are nearly empty and to stop the vehicle if not charged within 5 km from the first warning while on zero- emission mode. The application of such geofencing technologies may be verified during the lifetime of the vehicle.
Amendment 126 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Manufacturers shall have the option to designate vehicles as "Euro 7 NF vehicles" if they are powered by CO2- neutral fuels, as defined in Article 3. This applies to vehicles that run solely on CO2- neutral fuels or a blend of conventional and CO2-neutral fuels, throughout their lifetime. If a vehicle exclusively uses CO2- neutral fuels, the CO2 emissions will be deemed as zero for the purposes of Regulation (EU) 2023/851 and the pending Regulation on CO2 emission standards for heavy duty vehicles.
Amendment 127 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 131 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 132 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 144 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point c
Article 6 – paragraph 6 – point c
Amendment 151 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 157 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 161 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 163 #
2022/0365(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 165 #
2022/0365(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 171 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. With effect from 48 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national approval authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, in the case of new types of M1, N1 vehicles, refuse to grant EU emission type-approval or national emission type-approval which do not comply with this Regulation.
Amendment 173 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. With effect from 1 July 202548 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national authorities shall, in the case of new M1, N1 vehicles which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 176 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4 a. With effect from 48 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national approval authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, in the case of new types of M2, M3, N2, N3 vehicles and new O3, O4 trailers, refuse to grant EU emission type-approval or national emission type-approval which do not comply with this Regulation.
Amendment 179 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. With effect from 1 July 202760 months after the entry into force of all implementing or delegated acts relevant to the engine, vehicle or trailer category in question, and according to the specific provisions for systems, components, and separate technical units, national authorities shall, in the case of new M2, M3, N2, N3 vehicles and new O3, O4 trailers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into servrefuse to grant EU emission type-approval or national type-approval, with respect to new engine or vehicle of such vehiclesr trailer types, which do not comply with this Regulation.
Amendment 184 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. With effect from 1 July 20315, national authorities shall, in the case of new M2, M3, N2, N3 vehicles constructed by small volume manufacturers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 185 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 186 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 202536 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, the sale or installation of a system, component or separate technical unit intended to be fitted on an M1, N1 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not of type approved in compliance with this Regulation.
Amendment 188 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. With effect from 1 July 202748 months after the entry into force of all implementing or delegated acts relevant to the engine, vehicle or trailer category in question, and according to the specific provisions for systems, components, and separate technical units, the sale or installation of a system, component or separate technical unit intended to be fitted on an M2, M3, N2, N3 vehicle and O3, O4 trailers approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not type approved in compliance with this Regulation.
Amendment 191 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. National approval authorities may continue to grant extensions, to EU emissionWith effect from 24 months after adoption of the delegated act on the approval of C1 tyres as regards abrasion emissions aligning with the limits established in UN WP29, national authorities shall refuse, to grant component/separate technical unit type- approvals of replacement pollution control systems granted before in respect of new types of tyre that do not comply with this rRegulation applies under the terms which applind its implementing and delegated acts. With effect from 36 months after adoption of the delegated act on the time of the initial emission type-approval. National authorities shall prohibit the sale or installation on a vehicle of such replacement pollution control systems unless they are type approvedapproval of C1 tyres as regards abrasion emissions aligning with those established in UN WP29, national authorities shall refuse to grant type approval or national EC type approval in respect of new C1 tyres which do not comply with this Regulation and its implementing and delegated acts. C1 tyres that were manufactured prior to the dates set out in this paragraph and which do not comply with the requirements of this Regulation may be sold for a period not exceeding 24 months from those dates. The UN will subsequently develop an appropriate test method and limits for tyre abrasion performance to be applied to C2 and C3 tyres, which shall be incorporated into this Regulation by means of delegated acts in accordance with Article 16.
Amendment 194 #
2022/0365(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. National authorities shall, during in-service conformity or market surveillance checks, verify whether manufacturers of vehicles have correctly installed excess exhaust emissions driver warning systems, verify the quality of the reagent, low-reagent driver warning systems and whether vehicles can be tampered.
Amendment 221 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point t
Article 14 – paragraph 4 – subparagraph 1 – point t
Amendment 227 #
2022/0365(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The Commission shall be empowered to adopt delegated actsFollowing completion of the work on tyre abrasion in the common GRBP/GRPE Task Force on Tyre Abrasion conducted under the authority of the UN WP29, the Commission shall be empowered to adopt delegated acts, no later than 18 months following the date of receipt of the UN WP29 limits, including a comprehensive scrutiny process, to supplement this Regulation in accordance with Article 16 in order to take into account technical progress by:
Amendment 229 #
2022/0365(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. By 1 September 2031No later than 60 months after the entry into force of this regulation, on the basis of the information supplied in accordance with paragraph 1, the Commission shall submit to the European Parliament and to the Council an evaluation report on the application of this Regulation.
Amendment 231 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Regulation (EC) 715/2007 is repealed with effect from 1 July 2025.35
Amendment 232 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Regulation (EC) 595/2009 is repealed with effect from 1 July 202735.
Amendment 236 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
It shall apply from 1 July 20325 for M1, N1 vehicles and components and separate technical units for those vehicles and from 1 July 2027 for M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers.
Amendment 242 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
It shall apply from 1 July 20302 for M1, N1 vehicles constructed by small volume manufacturers.
Amendment 248 #
2022/0365(COD)
Proposal for a regulation
Annex II – Table 1 – Row 1
Annex II – Table 1 – Row 1
Battery energy Start of life to 5 Vehicles more Start of life to 8 Vehicles up to based MPR years or 100 000 than 5 years or 160 000 additional km whichever 100 000 km, and lifetime* comes first up to whichever comes first of 8 years or 160 000 km km whichever lifetime* comes first OVC-HEV 80% 70% PEV 80% 70%
Amendment 250 #
2022/0365(COD)
Proposal for a regulation
Annex II – Table 2 – Row 1
Annex II – Table 2 – Row 1
Battery energy Start of life to 5 Vehicles more Start of life to 8 Vehicles up to based MPR years or 100 000 than 5 years or 160 000 additional km whichever 100 000 km, and lifetime* comes first up to whichever comes first of 8 years or 160 000 km km whichever lifetime* comes first OVC-HEV 75% 65% PEV 75% 65%
Amendment 83 #
2022/0280(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 93 #
2022/0280(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Directive 2006/42/EC
Article 21g
Article 21g
Article 21g deleted Adoption of mandatory common specifications
Amendment 96 #
2022/0280(COD)
Proposal for a directive
Article 4
Article 4
Directive 2013/29/EU
Article 42a
Article 42a
[...] d e [...] l e t e d
Amendment 98 #
2022/0280(COD)
Proposal for a directive
Article 5
Article 5
Directive 2014/28/EU
Chapter 6a
Chapter 6a
d e [...] [...] [...]l e t e d
Amendment 99 #
2022/0280(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38f
Article 38f
Amendment 100 #
2022/0280(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40f
Article 40f
Amendment 101 #
2022/0280(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40f
Article 40f
Amendment 102 #
2022/0280(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Directive 2014/32/EU
Article 40f
Article 40f
Amendment 103 #
2022/0280(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Directive 2014/32/EU
Article 40f 2.
Article 40f 2.
Amendment 104 #
2022/0280(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Directive 2014/32/EU
Article 40f
Article 40f
Amendment 105 #
2022/0280(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45f
Article 45f
Amendment 106 #
2022/0280(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45f
Article 45f
Amendment 107 #
2022/0280(COD)
Proposal for a directive
Article 9 – paragraph 1 Directive 2014/32/EU
Article 9 – paragraph 1 Directive 2014/32/EU
Amendment 108 #
2022/0280(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45f
Article 45f
Amendment 109 #
2022/0280(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41f
Article 41f
Amendment 110 #
2022/0280(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41f
Article 41f
Amendment 111 #
2022/0280(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41f
Article 41f
Amendment 112 #
2022/0280(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41f
Article 41f
Amendment 113 #
2022/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38f
Article 38f
Amendment 114 #
2022/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38f
Article 38f
Amendment 115 #
2022/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38f
Article 38f
Amendment 116 #
2022/0280(COD)
Proposal for a directive
Article 11 – paragraph 1 Directive 2014/34/EU
Article 11 – paragraph 1 Directive 2014/34/EU
Amendment 117 #
2022/0280(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22c
Article 22c
Amendment 118 #
2022/0280(COD)
Proposal for a directive
Article 12 – paragraph 1 Directive 2014/35/EU
Article 12 – paragraph 1 Directive 2014/35/EU
Amendment 119 #
2022/0280(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22c
Article 22c
Amendment 120 #
2022/0280(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22c
Article 22c
Amendment 121 #
2022/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43f
Article 43f
Amendment 122 #
2022/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43f
Article 43f
Amendment 123 #
2022/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43f
Article 43f
Amendment 124 #
2022/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43f
Article 43f
Amendment 125 #
2022/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43f
Article 43f
Amendment 126 #
2022/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43f
Article 43f
Amendment 127 #
2022/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43f
Article 43f
Amendment 128 #
2022/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43f
Article 43f
Amendment 90 #
2022/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) 2016/424
Article 43f
Article 43f
Amendment 91 #
2022/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) 2016/424
Article 43f
Article 43f
Amendment 93 #
2022/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) 2016/424
Article 43f
Article 43f
Amendment 94 #
2022/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) 2016/424
Article 43f
Article 43f
Amendment 114 #
2022/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Regulation (EU) 2016/425
Article 41f
Article 41f
Amendment 115 #
2022/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Regulation (EU) 2016/425
Article 41f
Article 41f
Amendment 116 #
2022/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Regulation (EU) 2016/425
Article 41f
Article 41f
Amendment 117 #
2022/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Regulation (EU) 2016/425
Article 41f
Article 41f
Amendment 131 #
2022/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Regulation (EU) 2016/426
Article 40f
Article 40f
Amendment 132 #
2022/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 Regulation (EU) 2016/426
Article 3 – paragraph 1 Regulation (EU) 2016/426
Amendment 133 #
2022/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Regulation (EU) 2016/426
Article 40f
Article 40f
Amendment 134 #
2022/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Regulation (EU) 2016/426
Article 40f
Article 40f
Amendment 145 #
2022/0279(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Regulation (EU) 2019/1009
Article 41f
Article 41f
Amendment 146 #
2022/0279(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Regulation (EU) 2019/1009
Article 41f
Article 41f
Amendment 148 #
2022/0279(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Regulation (EU) 2019/1009
Article 41f
Article 41f
Amendment 150 #
2022/0279(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Regulation (EU) 2019/1009
Article 41f
Article 41f
Amendment 163 #
2022/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1 Regulation (EU) No 305/2011
Article 5 – paragraph 1 – point 1 Regulation (EU) No 305/2011
Amendment 164 #
2022/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Article 5 – paragraph 1 – point 1
Regulation (EU) No 305/2011
Article 59e
Article 59e
Amendment 165 #
2022/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Article 5 – paragraph 1 – point 1
Regulation (EU) No 305/2011
Article 59e
Article 59e
Amendment 167 #
2022/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Article 5 – paragraph 1 – point 1
Regulation (EU) No 305/2011
Article 59e
Article 59e
Amendment 265 #
2022/0278(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 268 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
Amendment 279 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond to impacts of crises on the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance and crisis- relevant goods and servicesfor which shortages may occur in the Single Market.
Amendment 282 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) an advisory group to advise SMEI Forum to advise and decide whether the Commission onshall trigger the appropriate measures for anticipating, preventing or responding to the impact of a crisis on the Single Market;
Amendment 290 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) measures for addressing Single Market impacts of significant incidents that have not yet resulted in a Single Market emergency (Single Market vigilance), including a set of vigilance response measures and
Amendment 297 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within and related to the scope of this Regulation among themselves and with the Commission.
Amendment 298 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 306 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chains.
Amendment 308 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f a (new)
Article 2 – paragraph 2 – point f a (new)
(f a) critical raw materials as defined in [the EU Critical Raw Materials Act]
Amendment 309 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. This Regulation shall complement the Integrated Political Crisis Response mechanism operated by the Council under Council Implementing Decision (EU) 2018/1993, if and when activated, as regards its work on Single Market impacts of cross-sectoral crises that require political decision-making.
Amendment 316 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Any actions under this Regulation shall be consistent with Union’s laws and obligations under international law, such us WTO rules.
Amendment 318 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 8
Article 2 – paragraph 8
8. This Regulation is without prejudice to the responsibility of the Member States to safeguard national security or their power to safeguard essential state functions and any other prerogatives forseen in the Treaties, including ensuring the territorial integrity of the State and maintaining law and order.
Amendment 319 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional, unexpected and sudden, natural or man- made event of extraordinary nature and scale that takes place inside or outside of the Union with a demonstrated risk of life- threatening, serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s), and which is likley to disrupt the free movement of goods, people and services in the Single Market and cause shortages of critical goods, semi-finished products, raw materials, services and workers in the Single Market;
Amendment 326 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) 'shortage in the Single Market’ means lack or deficiency of critical goods, semi-finished products, raw materials and/or services in the Single Market as a result of an exceptionally high demand or disruptions in the supply chains of goods and services and/or impediments to the movements of people.
Amendment 332 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement on the Single Market or, the functioning of the supply chains and casues shortages of critical goods, semi- finished products, raw materials and services that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 337 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘strategically important areas’ means those areas with critical importance to the Union and its Member States, in that they are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market in particular food, transport, energy, defence, health, cybersecurity, information and digital technology and industrial technologies;
Amendment 342 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘critical goods and services of strategic importance’ means goodcritical goods, semi-finished products, raw materials and services that are indispensable for ensuring the functioning of the Single Market in strategically important areas as described in Article 3(4) of this Regulation and which cannot be substituted or diversified by the Member States;
Amendment 347 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘crisis-relevant critical goods and services’ means goodcritical goods, semi- finished products, raw materials and services, that are indispensable for responding to the crisis or for addressing the impacts of the crisis on the Single Market during a Single Market emergency ;
Amendment 353 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7 a) ‘representative umbrella organisations of economic operators at Union level’ means a legal person that is constituted in accordance with the national law of the Member State whose statutory purpose is to represent economic operators active at EU level from a plurality of sectors and companies (and entrepreneurs) of all sizes.
Amendment 360 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. An advisory groupThe SMEI Forum is established.
Amendment 366 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The advisory groupSMEI forum shall be composed of one representative from each Member State. Each Member State and from representative umbrella organisations of economic operators at Union level. Each SMEI forum member shall nominate a representative and an alternate representative.
Amendment 378 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. For the purpose of contingency planning under Articles 6 to 8, the advisory group shall assist and adviseset binding decission on the Commission actions as regards the following tasks:
Amendment 384 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) assessingment of significant incidents that the Member StateSMEI Forum members have alerted the Commission to.
Amendment 391 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 404 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – introductory part
Article 4 – paragraph 6 – introductory part
6. For the purposes of the Single Market emergency mode as referred to in Article 14, the advisory group shall assist the Commission in the following tasksSMEI Forum shall set binding decission on the Commission actions through:
Amendment 410 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point b
Article 4 – paragraph 6 – point b
(b) establishing whether the criteria for activation or deactivation of the emergency mode have been fulfilled and evidences substantiaing such decision are sufficient and reliable;
Amendment 417 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework, [the Chips Act], [the EU Critical Raw Materials]. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM.
Amendment 419 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The advisory group shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory group shall adopt its rules of procedure. The SMEI forum members representing umbrella organisations of economic operators at Union level shall have no right to vote.
Amendment 428 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group may adopt opindecisions, or recommendations or reports in the context of its tasks set out in paragraphs 4 to 6.
Amendment 430 #
2022/0278(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall designate central liaison offices responsible for contacts, coordination and information exchange with the central liaison offices of other Member States and Union level central liaison office under this Regulation. Such liaison offices shall coordinate and compile the inputs from relevant national competent authorities and where appropriate, ensure access to up-to-date crisis-relevant information for economic operators, in real-time whenever technically feasible.
Amendment 432 #
2022/0278(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the Single Market vigilance and emergency modes under this Regulation. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the Single Market vigilance and emergency modesand the bodies at Union level that are relevant to the respective crisis for the management of the Single Market vigilance and emergency modes and where appropriate, provision of access to up-to-date crisis-relevant information for economic operators, in real-time whenever technically feasible .
Amendment 435 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 446 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) an inventory of relevant national competent authorities, the central liaison offices designated in accordance with Article 5 and single points of contact referred to in Article 21, their contact details, assigned roles and responsibilities during the vigilance and emergency modes of this Regulation under national law;
Amendment 450 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market emergency;
Amendment 456 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) risk and emergency communication, with a coordinating role for the Commission, adequately taking into account already existing structures;
Amendment 464 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any incidents that significantly disrupt or have the potentialis likley to significantly disrupt the functioning of the Single Market and its supply chains and could lead to shortages in the Single Market (significant incidents).
Amendment 471 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. In order to determine whether the disruption or the likelihood of potential disruption of the functioning of the Single Market and its supply chains of goods and services is significant and should be the object of an alert, the central liaison office of a Member State shall take the following into account:
Amendment 481 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) the geographical area; the proportion of the Single Market affected by the disruption or potential disruption and its cross-border effects; the impact on specific geographical areas particularly vulnerable or exposed to supply chain disruptions including the EU outermost regions;
Amendment 486 #
Amendment 581 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the Single Market qualifies as a Single Market emergency, the Commission and SMEI Forum shall, based on concrete and reliable evidence, taking into account at least the following indicators:
Amendment 590 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) an assessment of the demand data and an estimation of the number of economic operations or users relying on the disrupted sector or sectors of the Single Market for the provision of the goods or services concerned;
Amendment 594 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the importance of the goods or services concerned for other sectorsdisruption in provision of the crisis relevant goods or services for other sectors from the perspective of cross-border impact;
Amendment 595 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(c a) estimated shortage of goods and services in the Single Market
Amendment 601 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
(e) the possible measuers economic operators affected have not been able to provide a solution in a reasonable time tomight undertake to address the particular aspects of the crisis on a voluntary basis.
Amendment 611 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point i
Article 13 – paragraph 1 – point i
(i) the absence of substitute goods, inputs or services directly linked to the crisis.
Amendment 617 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 621 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Commission, taking into consideration the opinion provided by the advisory groupogether with the SMEI Forum, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode.
Amendment 625 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Council may activate the Single Market emergency mode by means of a Council implementing act. It will contain a list of crisis-relevant goods and services. The duration of the activation, hall be specified in the implementing act, and shall be a maximum of six months.
Amendment 630 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 632 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 638 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 646 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where the Commission considers, taking into consideration the opinion provided by the advisory groupogether with the SMEI Forum, that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act.
Amendment 654 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks by means of the amendments to sectorial product legislation set out in Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market shall cease to apply upon deactivation of the duration of the Single Market emergency mode. The Commission shall submit to the Council an assessment on the effectiveness of the measures taken in addressing the Single Market emergency no later than three months after the expiry of the measures, on the basis of the information gathered via the monitoring mechanism foreseen by Article 11.
Amendment 656 #
2022/0278(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 682 #
Amendment 725 #
2022/0278(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons referred to in Article 17(6) and 17(7) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3)by means of implementing acts.
Amendment 731 #
2022/0278(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. During the Single Market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis- relevant services, a business representative or worker that is involved in production of crisis-relevant goods or provision of crisis- relevant services or a civil protection worker and it considers that the use of different templates by each Member States is an obstacle to the free movement at the time of a Single Market emergency, the Commission may issue, if it considers it necessary for supporting the free movement of such categories of persons and their equipment during the ongoing Single Market emergency, templates for attesting that they fulfil the relevant criteria for the application Article 17(6) in all Member States by means of implementing acts.
Amendment 737 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
During the Single Market emergency, Member States shall notify to the Commission and SMEI Forum any crisis- relevant draft measures restricting free movement of goods and the freedom to provide services as well as crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures.
Amendment 743 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. If the advisory groupSMEI Forum chooses to deliver an opinion on a notified measure, it shall do so within four working days from the date of receipt by the Commission of the notification concerning that measureout undue delay.
Amendment 748 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
Amendment 749 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 8
Article 19 – paragraph 8
8. Within 10 days from the date of receipt of the notification, the CommissionThe Commission without undue delay shall examine the compatibility of any draft or adopted measure with Union law, including Articles 16 and 17 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 10 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
Amendment 754 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The notifying Member State shall communicate the measures it intends to adopt in order to comply with the comments delivered in accordance with paragraph 8 to the Commission within 10 days after receiving themout undue delay.
Amendment 755 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 11
Article 19 – paragraph 11
Amendment 757 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 12
Article 19 – paragraph 12
12. If the Commission finds that an already adopted measure that has been notified to it, is not in accordance with Union law, it may issue within 30 days of that notification a decision requiring the Member State to abolish itshall coomunicate it to the Member Stae. The notifying Member State shall communicate the text of a revised measure in case it modifies the notified adopted measure without delay.
Amendment 759 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 13
Article 19 – paragraph 13
Amendment 761 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 14
Article 19 – paragraph 14
Amendment 767 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
(a) assistance in requesting andin obtaining information about national restrictions of the free movement of goods, services, persons and workers that are related to an activated Single Market emergency;
Amendment 768 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point b
Article 21 – paragraph 1 – point b
(b) assistance in the performance of any national level crisis procedures and formalities that have been put in place due to the activated Single Market emergency.
Amendment 772 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via thean electronic platform or respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by- step guide. The information shall be provided in clear, understandable and intelligible language. It shall be easily accessible at a distance and by electronic means and shall be kept up to date.
Amendment 779 #
2022/0278(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) assistance in requesting and obtaining information as regards Union level crisis response measures that are relevant to the activated Single Market emergency or which affect the exercise of the free movement of goods, services, persons and workers;
Amendment 780 #
2022/0278(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) assistance in the performance of any crisis procedures and formalities that have been put in place at the Union level due to the activated Single Market emergency;
Amendment 781 #
2022/0278(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
Amendment 782 #
2022/0278(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2 a. The single point of contact opearing at the Union level shall draft and keep updated a list including all crisis measures taken at the national level, a list of national contact points and assist citizens, consumers, economic operators, workers and their representatives in obtaining relevant information.
Amendment 784 #
2022/0278(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 789 #
Amendment 828 #
2022/0278(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, and compensate for damages in the event of accidental disclosures in accordance with Union and the respective national law.
Amendment 833 #
2022/0278(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
When the Single Market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 14, and there is a shortage of crisis relevant goods the Commission may activate by means of implementing acts the emergency procedures included in the Union legal frameworks amended by [Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and 2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market] as regards crisis-relevant goods, indicating which crisis-relevant goods and emergency procedures are subject to the activation, providing reasons for such activation and its proportionality, and indicating the duration of such activation .
Amendment 839 #
Amendment 861 #
2022/0278(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 876 #
2022/0278(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 879 #
2022/0278(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 885 #
2022/0278(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 890 #
2022/0278(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 896 #
2022/0278(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 907 #
2022/0278(COD)
Proposal for a regulation
Part V – Chapter I – title
Part V – Chapter I – title
Amendment 911 #
2022/0278(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of strategic importance listed in an implementing act adopted pursuant to Article 9(1) or crisis- relevant goods and services listed in an implementing act adopted pursuant to Article 14(5).
Amendment 916 #
2022/0278(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Where the Commission agrees to procure on behalf of the Member States, it shall draw up a proposal for a frameworkauthorising agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf. This agreement shall lay down the detailed conditions for the procurement on behalf of the participating Member States referred to in paragraph 1.
Amendment 919 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate for the Commission to act as a central purchasing body for relevant goods and services of strategic importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts.
Amendment 922 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. In accordance with the agreement, the Commission may be entitled, on behalf of the participating Member States, to enter into contracts with economic operators, including individual producers of goods and services of strategic importance or crisis- relevant goods and services, concerning the purchase of such goods or services.
Amendment 924 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 933 #
2022/0278(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
When the Single Market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and the Commission and coordinate their actions withexchange available information on the procurement demand of crisis relevant goods and services listed in the implementing act adopted pursuant to Article 14(3) with each other and the Commission andvia the representatives of the other Member States in the advisory group prior toSMEI Forum. The SMEI Forum may make proposals for voluntary coordination of actions of the Commission and Member States regarding launching of a procurement of crisis- relevant goods and services listed in an implementing act adopted pursuant to Article 14(53) in accordance with Directive 2014/24/EU of the European Parliament and of the Council55 . __________________ 55 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)..
Amendment 934 #
2022/0278(COD)
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
Where Emergency mode has been activated, contracting authorities and contracting entities of the Member States in relation to procurement of crisis- relevant goods and services may on that basis decide not to apply an IPI measures adopted according to Regulation 2022/1031 of 23 June 2022.
Amendment 935 #
2022/0278(COD)
Proposal for a regulation
Article 38 – paragraph 1 b (new)
Article 38 – paragraph 1 b (new)
Article 32 (2) of Regulation 2022/2560 of 14 December 2022 is not applied, when contracting authorities and contracting entities of Member States are awarding public contract on crisis-relevant goods and services, included on the list adopted pursuant to Article 14 (3), when only one valid tender has been filed in the contract award procedure.
Amendment 936 #
2022/0278(COD)
Proposal for a regulation
Article 38 – paragraph 1 c (new)
Article 38 – paragraph 1 c (new)
Where Emergency mode has been activated, the contracting authority or contracting entity may contact in writing all invited candidates before the time limit for receipt of requests to participate or tenders, with the sole purpose of clarifying their intention to submit a request to participate or a tender.
Amendment 937 #
2022/0278(COD)
Proposal for a regulation
Article 38 – paragraph 1 d (new)
Article 38 – paragraph 1 d (new)
Where Emergency mode has been activated, the contracting authority may, in agreement with the economic operator, modify a contract or a framework contract beyond the threshold referred to in Directive 2014/24/EU, Directive 2014/25/EU, provided that it does not exceed 100% of the initial contract value, and that it is justified as strictly necessary to respond to the evolution of the crisis.
Amendment 938 #
2022/0278(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Where the Single Market emergency mode has been activated pursuant to Article 16 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the defined contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other meanmay be obliged in the authorising agreement concluded with the Commission pursuant to Article 34(3) not procure goods or services covered by such procurement by other means. 2. The Member State retains the right to waive any ban on individual procurement action of the contracting authorities established by the authorizing agreement concluded pursuant to Article 34 (3), where such a ban will result in severe and disproportionate disruptions in Member States.
Amendment 950 #
2022/0278(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. The SMEI Committee is obliged to review such implementing act with undue delay. In case the SMEI Committee delivers a negative decision, such decision needs to be taken as soon as possible.
Amendment 951 #
2022/0278(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 954 #
Amendment 957 #
2022/0278(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. By [OP: please insert date = five years from the entry into force of this Regulation] and every fivthree years thereafter, the Commission shall present a report to the European Parliament and the Council on the functioning of the contingency planning, vigilance and Single Market emergency response system suggesting any improvements if necessary,carry out an evaluation of the effectiveness of this Regulation and shall submit a report on the functioning of the Regulation to the European Parliament, to the Council and to the European Economic and Social Committee. The report shall be accompanied, where appropriate, by relevant legislative proposals.
Amendment 965 #
2022/0278(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
Amendment 968 #
Amendment 969 #
2022/0278(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from [18 months from the entry into force of this Regulation] Or. en (This amendment applies horizontally across the SMEI initiative.)
Amendment 61 #
2022/0272(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation ensures a high level of cybersecurity of products with digital elements. It does not regulate services, such as Software-as-a-Service (SaaS), except for remote data processing solutions relating to a product with digital elements understood as any data processing at a distance for which the software is designed and developed by the manufacturer of the product concthat fall into one or more of the following data processing services models: Infrastructure-as-a-Service (IaaS), Platform-as-a-Service (PaaS), Software-as-a-Service (SaaS). Those service delivery models represent a specific, pre-packaged combination of IT resources offerned or under the responsibility of that manufacturer, and the absence of which would prevent such a product with digital elements from performing by a provider of data processing service. Three base cloud delivery models are further completed by emerging variations, each comprised of a distinct combinatione of its functionIT resources. [Directive XXX/XXXX (NIS2)] puts in place cybersecurity and incident reporting requirements for essential and important entities, such as critical infrastructure, with a view to increasing the resilience of the services they provide. [Directive XXX/XXXX (NIS2)] applies to cloud computing services and cloud service models, such as IaaS, PaaS and SaaS. All entities providing cloud computing services in the Union that meet or exceed the threshold for medium-sized enterprises fall in the scope of that Directive.
Amendment 64 #
2022/0272(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order not to hamper innovation or research, free and open-source software developed or supplied outside the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services, by providing a software platform through which the manufacturer monetises other services, or by the use of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software. Nonetheless, in order to ensure that individual or micro developers of software as defined in Commission Recommendation 2003/361/EC do not face major financial obstacles and are not discouraged from testing the proof of concept as well as the business case on the market, these entities shall be required to make best efforts in order to comply with the requirements in this proposal during the 18 months from placing a software on the market. This special regime will prevent the chilling effect of high compliance and entry costs could have on entrepreneurs or skilled individuals who consider developing software in the Union.
Amendment 70 #
2022/0272(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) According to the WTO Agreement on Technical Barriers to Trade, when technical regulations are necessary and relevant international standards exist, WTO Members should use those standards as the basis for their own technical regulations. It is important to avoid duplication of work among standardisation organizations, as international standards are intended to facilitate the harmonization of national and regional technical regulations and standards, thereby reducing non-tariff technical barriers to trade. Given that cybersecurity is a global issue, the Union should strive for maximum alignment. To achieve this objective, the standardization request for this Regulation, as set out in Article 10 of Regulation 1025/2012, should seek to reduce barriers to the acceptance of standards by publishing their references in the Official Journal of the EU, in accordance with Article 10 (6) of Regulation 1025/2012.
Amendment 71 #
2022/0272(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11 b) Considering the broad scope of this Regulation, the timely development of harmonised standards poses a significant challenge. To enhance the security of products with digital components in the Union market as soon as possible, the Commission should be empowered for a limited time to declare existing international standards for cyber security of products as satisfying the requirements of this Regulation. These standards should be published as standards providing presumption of conformity.
Amendment 75 #
2022/0272(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Certain tasks provided for in this Regulation should be carried out by ENISA, in accordance with Article 3(2) of Regulation (EU) 2019/881the relevant Computer Security Incident Response Teams (CSIRTs) or the relevant market surveillance authority. In particular, ENISACSIRTs should receive notifications from manufacturers of actively exploited vulnerabilities contained ihaving a significant impact on products with digital elements, as well as incidents having an significant impact on the security of those products. ENISA should also forward these notifications to the relevant Computer Security Incident Response Teams (CSIRTs) or, respectively, to the relevant single points of contact of the Member States designated in accordance with Article [Article X] of Directive [Directive XXX / XXXX (NIS2)], and inCSIRTs or the relevant market surveillance authority, should submit to ENISA information on notifications provided such information is relevant for the coordinated response to large-scale cybersecurity incidents. For the purpose of this Regulation, an incident shall be considered to be significant if (i) it has caused or is capable of causing severe operational disruption of the production or the development, build and distribution environment form the relevant market surveillance authorities about manufacturer concerned, that would impact the security of a product; or (ii) it has affected or is capable of affecting other notified vulnerabilityatural or legal persons by causing considerable material or non-material damage. On the basis of the information it gathers, ENISA should prepare a biennial technical report on emerging trends regarding cybersecurity risks in products with digital elements and submit it to the Cooperation Group referred to in Directive [Directive XXX / XXXX (NIS2)](EU) 2022/2555. Furthermore, considering its expertise and mandate, ENISA should be able to support the process for implementation of this Regulation. In particular, it should be able to propose joint activities to be conducted by market surveillance authorities based on indications or information regarding potential non-compliance with this Regulation of products with digital elements across several Member States or identify categories of products for which simultaneous coordinated control actions should be organised. In exceptional circumstances, at the request of the Commission, ENISA should be able to conduct evaluations in respect of specific products with digital elements that present a significant cybersecurity risk, where an immediate intervention is required to preserve the good functioning of the internal market.
Amendment 77 #
2022/0272(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that products with digital elements, when placed on the market, do not pose cybersecurity risks to persons and organisations, essential requirements should be set out for such products. When the products are subsequently modified, by physical or digital means, in a way that is not foreseen by the manufacturer and that may imply that they no longer meet the relevant essential requirementsmaterially alters the core function of a product, the modification should be considered as substantial. For example, software updates or repairs could be assimilated to maintenance operations provided that they do not modify a product already placed on the market in such a way that compliance with the applicable requirements may be affected, or that the intended use for which the product has been assessed may be changed. As is the case for physical repairs or modifications, a product with digital elements should be considered as substantially modified by a software change where the software update modifies the original intended functions, type or performance of the product and these changes were not foreseen in the initial risk assessment, or the nature of the hazard has changed or the level of risk has increased because of the software updateintroduce substantial changes to the functions or cybersecurity architecture of a product already placed on the market, that change the level of hazard or risk for which the product was assessed.
Amendment 81 #
2022/0272(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In line with the commonly established notion of substantial modification for products regulated by Union harmonisation legislation, whenever a substantial modification occurs that may affect the compliance of a product with this Regulation or when the intended purpose of that product changes, it is appropriate that the compliance of the product with digital elements is verified and that, where applicable, it undergoes a newthe conformity assessment updated. Where applicable, if the manufacturer undertakes a conformity assessment involving a third party, changes that might lead to substantial modifications should be notified to the third party. The subsequent conformity assessment should address the changes that lead to the new assessment, unless these changes have significant impact on the conformity of other parts of the product.
Amendment 86 #
2022/0272(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Critical products with digital elements should be subject to stricter conformity assessment procedures, while keeping a proportionate approach. For this purpose, critical products with digital elements should be divided into two classes, reflecting the level of cybersecurity risk linked to these categories of products. A potential cyber incident involving products in class II might lead to greater negative impacts than an incident involving products in class I, for instance due to the nature of their cybersecurity-related function or intended use in sensitive environments of high criticality, and therefore should undergo a stricter conformity assessment procedure.
Amendment 93 #
2022/0272(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure that products with digital elements are secure both at the time of their placing on the market as well as throughout their life-cycle, it is necessary to lay down essential requirements for vulnerability handling and essential cybersecurity requirements relating to the properties of products with digital elements. While manufacturers should comply with all essential requirements related to vulnerability handling and ensure that all their products are delivered without any known exploitable vulnerabilities, they should determine which other essential requirements related to the product properties are relevant for the concerned type of product. For this purpose, manufacturers should undertake an assessment of the cybersecurity risks associated with a product with digital elements to identify relevant risks and relevant essential requirements and in order to appropriately apply suitable harmonised standards or common specifications. Products with digital elements shall be either placed on the market delivered without any known critical or high severity exploitable vulnerabilities or manufacturers shall provide based on a risk assessment the appropriate impact mitigation such as by security updates before the product is put into service for the first time.
Amendment 96 #
2022/0272(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 100 #
2022/0272(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Manufacturers should also report to ENISA any incident having an impact on the security of the product with digital elements. Notwithstanding the incident reporting obligations in Directive [Directive XXX/XXXX (NIS2)] for essential and important entities, it is crucial for ENISA, the single points of contact designated by the Member States relevant CSIRTs or, where applicable the relevant market surveillance authority, any incident having accordance with Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] and the market surveillance authorities to receive information from the manufacturers of significant impact on the security of the products with digital elements allowing them to assess the security of these products. In order to ensure that users can react quickly to incidents having an significant impact on the security of their products with digital elements, manufacturers should also inform their users about any such incident and, where applicable, about any corrective measures that the users can deploy to mitigate the impact of the incident, for example by publishing relevant information on their websites or, where the manufacturer is able to contact the users and where justified by the risks, by reaching out to the users directly.
Amendment 113 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to products with digital elements placed on the market whose intended or reasonably foreseeable use includes a direct or indirect logical or physical data connection to a device or network.
Amendment 115 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(c a) Regulation (EU) 2022/2554;
Amendment 116 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c b (new)
Article 2 – paragraph 2 – point c b (new)
(c b) Directive (EU) 2022/2555.
Amendment 121 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5 a. This Regulation does not apply to any supply of a product with digital elements for distribution and use on the Union market where such supply, distribution, and use exclusively occurs within the same group of companies within the meaning of Article 2(13) of Regulation (EU) 2015/848.
Amendment 124 #
2022/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘product with digital elements’ means any software or hardware product and its remote data processing solutions, including software or hardware components to be placed on the market separately;
Amendment 126 #
2022/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
Amendment 128 #
2022/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘software’ means the part of an electronic information system which consists of computer code, with exception of software relating to the Internet websites;
Amendment 135 #
2022/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 26
Article 3 – paragraph 1 – point 26
Amendment 136 #
2022/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘substantial modification’ means a change to the product with digital elements following its placing on the market, which affects the compliance of the product with digital elements with the essential requirements set out in Section 1 of Annex I or results in a modification to the intended use for whichhas material impact on the core function of the product with digital elements has been assessed;
Amendment 136 #
2022/0272(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order not to hamper innovation or research, free and open-source software developed or supplied outside the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services, by providing a software platform through which the manufacturer monetises other services, or by the use of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software. Nonetheless, in order to ensure that individual or micro developers of software as defined in Commission Recommendation 2003/361/EC do not face major financial obstacles and are not discouraged from testing the proof of concept as well as the business case on the market, these entities shall be required to make best efforts in order to comply with the requirements in this proposal during the 12 months from placing a software on the market. This special regime will prevent the chilling effect of high compliance and entry costs could have on entrepreneurs or skilled individuals who consider developing software in the European Union.
Amendment 148 #
2022/0272(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall not prevent the making available of unfinished software which does not comply with this Regulation provided that the software is only made available for a limited period required for testing purposesin a non-production version for testing purposes, including software labelled as ‘beta,’ ‘pre-release’, or ‘candidate’, and that a visible sign clearly indicates that it does not comply with this Regulation and will not be available on the market for purposes other than testing.
Amendment 159 #
2022/0272(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 161 #
2022/0272(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 171 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph -1 (new)
Article 10 – paragraph -1 (new)
-1. Software manufacturers which qualify as a microenterprise as defined in Commission Recommendation 2003/361/EC shall make best efforts to comply with the requirements in this Regulation during the 18 months from placing a software on the market.
Amendment 172 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. When placing a product with digital elements on the market, manufacturers shall take reasonable measures to ensure that it has been designed, developed and produced in accordance with the essential requirements set out in Section 1 of Annex I.
Amendment 175 #
2022/0272(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) According to the WTO Agreement on Technical Barriers to Trade, when technical regulations are necessary and relevant international standards exist, WTO Members should use those standards as the basis for their own technical regulations. It is important to avoid duplication of work among standardisation organisations, as international standards are intended to facilitate the harmonisation of national and regional technical regulations and standards, thereby reducing non-tariff technical barriers to trade. Given that cybersecurity is a global issue, the EU should strive for maximum alignment. To achieve this objective, the standardisation request for this Regulation, as set out in Article 10 of Regulation (EU) 1025/2012, should seek to reduce barriers to the acceptance of standards by publishing their references in the Official Journal of the EU, in accordance with Article 10(6) of Regulation (EU) 1025/2012.
Amendment 176 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. For the purposes of complying with the obligation laid down in paragraph 1, manufacturers shall exercise due diligence when integrating components sourced from third parties in products with digital elements. They shall take reasonable measures to ensure that such components do not compromise the security of the product with digital elements.
Amendment 176 #
2022/0272(COD)
Proposal for a regulation
Recital 38 b (new)
Recital 38 b (new)
(38b) Considering the broad scope of this Regulation, the timely development of harmonised standards poses a significant challenge. To enhance the security of products with digital components in the Union market, international standards should be published as a standard providing presumption of conformity.
Amendment 178 #
2022/0272(COD)
Proposal for a regulation
Recital 41
Recital 41
Amendment 181 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
When placing a product with digital elements on the market, and for the expected product lifetime or for a period of five years from the placing of the product on the market, whichever is shorter or a shorter period, appropriate to the type and specificity of product, manufacturers shall ensure that vulnerabilities of that product are handled effectively and in accordance with the essential requirements set out in Section 2 of Annex I.
Amendment 182 #
2022/0272(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) As a general rule the conformity assessment of products with digital elements should be carried out by the manufacturer under its own responsibility following the procedure based on Module A of Decision 768/2008/EC. The manufacturer should retain flexibility to choose a stricter conformity assessment procedure involving a third- party. If the product is classified as a critical product of class I, additional assurance is required to demonstrate conformity with the essential requirements set out in this Regulation. The manufacturer should apply harmonised standards, common specificationsinternational standards, or cybersecurity certification schemes under Regulation (EU) 2019/881 which have been identified by the Commission in an implementing act, if it wants to carry out the conformity assessment under its own responsibility (module A). If the manufacturer does not apply such harmonised standards, common specificationsinternational standards, or cybersecurity certification schemes, the manufacturer should undergo conformity assessment involving a third party. Taking into account the administrative burden on manufacturers and the fact that cybersecurity plays an important role in the design and development phase of tangible and intangible products with digital elements, conformity assessment procedures respectively based on modules B+C or module H of Decision 768/2008/EC have been chosen as most appropriate for assessing the compliance of critical products with digital elements in a proportionate and effective manner. The manufacturer that carries out the third- party conformity assessment can choose the procedure that suits best its design and production process. Given the even greater cybersecurity risk linked with the use of products classified as critical class II products, the conformity assessment should always involve a third party.
Amendment 184 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
9. Manufacturers shall ensure that procedures are in place for products with digital elements that are part of a series of production to remain in conformity. The manufacturer shall adequately take into account changes in the development and production process or in the design or characteristics of the product with digital elements and changes in the harmonised standards, European cybersecurity certification schemes or the common specifications referred to in Article 19 by reference to which the conformity of the product with digital elements is declared or by application of which its conformity is verified. Where new knowledge, techniques, or standards become available, which were not available at the time of design of a serial product, the manufacturer may consider implementing such improvements periodically for future product generations. The manufacturer shall take into account the associated costs and efforts, including the efforts required for development, testing, validation, and approval process time.
Amendment 189 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 12
Article 10 – paragraph 12
12. From the placing on the market and for the expected product lifetime or for a period of five years after the placing on the market ofr a shorter period, appropriate to the type and specificity of product with digital elements, whichever is shorter, manufacturers who know or have reason to believe that the product with digital elements or the processes put in place by the manufacturer are not in conformity with the essential requirements set out in Annex I shall immediatelywithout undue delay take reasonable measures proportionate to the risk, take the corrective measures necessary to bring that product with digital elements or the manufacturer’s processes into conformity, to withdraw or to recall the product, as appropriate.
Amendment 194 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, notify to ENISAnotify relevant Computer Security Incident Response Teams (CSIRTs) or, where applicable, competent authority of the Member State established under Directive (EU) 2022/2555, any actively exploited vulnerability contained iwith significant impact on the product with digital elements. The notification shall include details concerningbe submitted without undue delay after thate vulnerability and, where applicable, any corrective or mitigating measures taken. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notification to the CSIRT designated for the purposes of coordinated vulnerability disclosure in accordance with Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] of Member States concerned upon receipt and inform the market surveillance authority about the notified vulnerabilityhas been addressed and shall include details concerning that vulnerability and, where applicable, any corrective or mitigating measures taken.
Amendment 198 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The manufacturer shall, without undue delay and in any from the moment it becomes aware, notify to releveant within 24 hours of becoming aware of it, notify to ENISA anyCSIRTs or, where applicable, competent authority of the Member State established under Directive (EU) 2022/2555, any major incident having a significant impact on the security of the product with digital elements. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notifications to the single point of contact designated in accordance with Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] of the Member States concerned and inform the market surveillance authority about the notified incidents. The incident notification shall include informationThe incident notification shall be submitted without undue delay and include information strictly necessary to make the competent authority aware of the incident, and where relevant and proportionate to the risk, on the severity and impact of the incident and, where applicable, indicate whether the manufacturer suspects the incident to be caused by unlawful or malicious acts or considers it to have a cross-border impact.
Amendment 199 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. ENISA shall submit to the European cyber crisis liaison organisation network (EU-CyCLONe) established by Article [Article X] of Directive [Directive XXX/XXXX (NIS2)]CSIRTs or, where applicable, competent authority of the Member State established under Directive (EU) 2022/2555, shall submit to ENISA information notified pursuant to paragraphs 1 and 2 if such information is relevant for the coordinated management of large-scale cybersecurity incidents and crises at an operational level. ENISA shall submit the information received by the CSIRTs or, where applicable, competent authority of the Member State established under Directive (EU) 2022/2555, to the European cyber crisis liaison organisation network (EUCyCLONe) established by Article 16 of Directive (EU) 2022/2555.
Amendment 201 #
2022/0272(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
Amendment 202 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The manufacturer shall inform, without undue delay and after becoming aware, the users of the product with digital elements about the incida significant incident having major impact on the security of the product with digital elements and, where necessary, about corrective measures that the user can deploy to mitigate the impact of the incident.
Amendment 205 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The Commission, after consulting stakeholders and CSIRTs may, by means of implementing acts, specify further the type of information, format and procedure of the notifications submitted pursuant to paragraphs 1 and 2. Those implementing acts shall be based on European and international standards, such as ISO/IEC 29147 and adopted in accordance with the examination procedure referred to in Article 51(2).
Amendment 207 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. ENISA, on the basis of the notifications received pursuant to paragraphs 1, 2 and 23, shall prepare a biennial technical report on emerging trends regarding cybersecurity risks in products with digital elements and submit it to the Cooperation Group referred to in Article [Article X]14 of Directive [Directive XXX/XXXX (NIS2)](EU) 2022/2555. The first such report shall be submitted within 24 months after the obligations laid down in paragraphs 1 and 2 start applying.
Amendment 210 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) Regulation (EU) 2022/2554.
Amendment 217 #
2022/0272(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 218 #
2022/0272(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 219 #
2022/0272(COD)
Proposal for a regulation
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4 a. In accordance with Article 10(1) of Regulation 1025/2012, when preparing the Standardisation Request for this Regulation, the Commission shall aim for maximum harmonisation with existing or imminent international standards for cybersecurity. In the first three years following the date of application of this Regulation, the Commission is empowered to declare an existing international standard as meeting the requirements of this Regulation, without any European modifications, provided that adherence to such standards sufficiently enhances the security of products with digital elements, and provided that the standard is published as a separate version by one of the European Standardisation Organisations.
Amendment 220 #
2022/0272(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 241 #
2022/0272(COD)
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5 a. For products with digital elements falling within the scope of this Regulation and which are placed on the market or put into service by credit institutions regulated by Directive 2013/36/EU, the conformity assessment shall be carried out as part of the procedure referred to in Articles 97 to 101 of that Directive.
Amendment 249 #
2022/0272(COD)
Proposal for a regulation
Article 29 – paragraph 12
Article 29 – paragraph 12
12. Conformity assessment bodies shall operate in accordance with a set of consistent, fair and reasonable terms and conditions in line with Article 37(2), in particular taking into account the interests of SMEs in relation to fees.
Amendment 252 #
2022/0272(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Conformity assessments shall be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators. Conformity assessment bodies shall perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity and the risk exposure of the product type and technology in question and the mass or serial nature of the production process.
Amendment 262 #
2022/0272(COD)
Proposal for a regulation
Article 41 – paragraph 11 a (new)
Article 41 – paragraph 11 a (new)
11 a. For products with digital elements falling within the scope of this Regulation, distributed, put into service or used by financial institutions regulated by relevant Union legislation on financial services, the market surveillance authority for the purposes of this Regulation shall be the relevant authority responsible for the financial supervision of those institutions under that legislation.
Amendment 266 #
2022/0272(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, the market surveillance authority finds that the product with digital elements does not comply with the requirements laid down in this Regulation or otherwise present threat to national security, it shall without delay require the relevant operator to take all appropriate corrective actions to bring the product into compliance with those requirements, to withdraw it from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
Amendment 268 #
2022/0272(COD)
Proposal for a regulation
Article 43 – paragraph 4 – subparagraph 1
Article 43 – paragraph 4 – subparagraph 1
Where the manufacturer of a product with digital elements does not take adequate corrective action within the period referred to in paragraph 1, second subparagraph, or the relevant Member States authority consider product to present threat to the national security, the market surveillance authority shall take all appropriate provisional measures to prohibit or restrict that product being made available on its national market, to withdraw it from that market or to recall it.
Amendment 268 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph -1 (new)
Article 10 – paragraph -1 (new)
-1. Software manufacturers which qualify as a microenterprise as defined in Commission Recommendation 2003/361/EC shall make best efforts to comply with the requirements in this Regulation during the 12 months from placing a software on the market.
Amendment 269 #
2022/0272(COD)
Proposal for a regulation
Article 43 – paragraph 7
Article 43 – paragraph 7
7. Where, within three months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. The decision referred to in paragraph 1, concerning threat to national security shall always be deemed justified. This is without prejudice to the procedural rights of the operator concerned in accordance with Article 18 of Regulation (EU) 2019/1020.
Amendment 270 #
2022/0272(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. Where the Commission has sufficient reasons to consider, including based on information provided by the competent authorities of Member States, the computer security incident response teams (CSIRTs) designated or established in accordance with Directive (EU) 2022/2555 or ENISA, that a product with digital elements that presents a significant cybersecurity risk is non-compliant with the requirements laid down in this Regulation, it may request the relevant market surveillance authorities to carry out an evaluation of compliance and follow the procedures referred to in Article 43.
Amendment 272 #
2022/0272(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. In exceptional circumstances which justify an immediate intervention to preserve the good functioning of the internal market and where the Commission has sufficient reasons, substantiated by relevant data, to consider that the product referred to in paragraph 1 remains non- compliant with the requirements laid down in this Regulation and no effective measures have been taken by the relevant market surveillance authorities, the Commission may request ENISAthe relevant Member State authority to carry out an evaluation of compliance. The Commission shall inform the relevant market surveillance authorities and ENISA accordingly. The relevant economic operators shall cooperate as necessary with ENISA.
Amendment 275 #
2022/0272(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
Amendment 292 #
2022/0272(COD)
Proposal for a regulation
Article 53 – paragraph 6 – point a a (new)
Article 53 – paragraph 6 – point a a (new)
(a a) the type of manufactured product and whether entity qualifies as microenterprise for the specific compliance regime outlined in the Article 10(-1) of this Regulation.
Amendment 299 #
2022/0272(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
It shall apply from [2436 months after the date of entry into force of this Regulation]. However Article 11 shall apply from [124 months after the date of entry into force of this Regulation] and Articles 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 shall apply from [30 months after the entry into force of this Regulation].
Amendment 304 #
2022/0272(COD)
Proposal for a regulation
Annex I – Part 1 – point 2
Annex I – Part 1 – point 2
(2) Products with digital elements shall be delivered without any known exploitable vulnerabilitiein a way that does not wilfully create cybersecurity risks;
Amendment 307 #
2022/0272(COD)
Proposal for a regulation
Annex I – Part 1 – point 3 – point a
Annex I – Part 1 – point 3 – point a
(a) be delivered with a secure by default configuration, including the possibility to reset the product to its original statedefault security configuration;
Amendment 343 #
2022/0272(COD)
Proposal for a regulation
Annex V – paragraph 1 – point 1 – point a
Annex V – paragraph 1 – point 1 – point a
Amendment 344 #
2022/0272(COD)
Proposal for a regulation
Annex V – paragraph 1 – point 2
Annex V – paragraph 1 – point 2
Amendment 347 #
2022/0272(COD)
Proposal for a regulation
Annex V – paragraph 1 – point 3
Annex V – paragraph 1 – point 3
3. an assess statement of the cybersecurity risks against which the product with digital elements is designed, developed, produced, delivered and maintained as laid down in Article 10 of this Regulation;
Amendment 365 #
2022/0272(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 367 #
2022/0272(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 435 #
2022/0272(COD)
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Amendment 445 #
2022/0272(COD)
Proposal for a regulation
Article 53 – paragraph 6 – point a a (new)
Article 53 – paragraph 6 – point a a (new)
(aa) the type of manufactured product and whether entity qualifies as microenterprise for the specific compliance regime outlined in the Article 10(-1) of this Regulation.
Amendment 102 #
2022/0269(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter setThe European Parliament calls on the Commission to conduct an impact assessment which should assess, at least the coherence of this proposal with other requirements and the direct and indirect consequences of such regulation for consumers and companies, in particular its impact on SMEs. The negotiations in the European Parliament should be postponed until the impact assessment has been carried out;.
Amendment 103 #
2022/0269(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 127 #
2022/0269(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Articles [XX] of Directive 2013/34/EU of the European Parliament and of the Council require Member States to ensure that certain economic operators annually publish non-financial statements in which they report on the impact of their activity on environmental, social and employee matters, respect for human rights, including regarding forced labour, anti-corruption and bribery matters.26 [Furthermore, Directive 20XX/XX/EU on Corporate Sustainability Reporting puts forward detailed reporting requirements for covered companies regarding the respect of human rights, including in global supply chains. The information that undertakings disclose about human rights should include, where relevant, information about forced labour in their valuesupply chains.27 ] _________________ 26 Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups, OJ 27 Directive 20XX/XX/EU of the European Parliament and of the Council amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting, OJ XX, XX.XX.20XX, p. XX.
Amendment 159 #
2022/0269(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) When identifying potential violations of the prohibition, the competent authorities should follow a risk-based approach and assess all information available to them. Competent authorities should initiate an investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition. Before initiating an investigation, competent authorities should be able to request additional information from economic operators under assessment, but also from other relevant stakeholders, including persons or associations having submitted relevant information to competent authorities and any other stakeholder working on the products or regions related to the assessment, as well as from diplomatic representations of the Union in relevant third countries. Substantive information and/or claims submitted should be made available to any economic operators under assessment, while safeguarding the identities of the stakeholders involvement.
Amendment 167 #
2022/0269(COD)
(22) Before initiating an investigation, competent authorities should ensure that substantive information and/or claims submitted should be made available to any economic operators under assessment, while safeguarding the identities of the stakeholders involved. Competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, or that the reasons that motivated the existence of a substantiated concern have been eliminated, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 183 #
2022/0269(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 190 #
2022/0269(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 192 #
2022/0269(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Where there is clear and reliable evidence that specific products produced in specific geographic areas present a high risk of having been subject to forced labour applied by state authorities, experts should be able to identify those products as “high risk products”. Criteria for ‘high risk’ designation must be publicly available. Any geographic areas considered for ‘high risk’ designation should allow for consultation and right of response from the relevant third countries before products are formally designated. The Commission should publish transparent and comprehensive guidelines including measurable criteria for economic operators and third countries to meet, to demonstrate that products are no longer ‘high risk’.
Amendment 195 #
2022/0269(COD)
Proposal for a regulation
Recital 25 b (new)
Recital 25 b (new)
(25b) Competent authorities cannot, in any case, request undertakings to provide, disclose or publish the business secret and intellectual property such as patents. The protection of confidential information should be respected.
Amendment 199 #
2022/0269(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have access to information collected and allegations submitted, and have the opportunity to provide information in their defence to the competent authorities throughout the investigation.
Amendment 221 #
2022/0269(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators. Such decision should be proportionate at least to the scale of forced labour, availability of alternative products, resilience of the EU, complexity of the suply chain and other relevant factors.
Amendment 227 #
2022/0269(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Economic operators should have the possibility to request a review of the decisions by the competent authorities, after having provided new information showing that it cannot be concluded that the relevant products have been made with forced labour. Competent authorities should withdraw their decision where they establish on the basis of that new information, that it cannot be established that the products have been made with forced labour. Economic operators should have a right to compensation, including the compensation in case of the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
Amendment 230 #
2022/0269(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Submissions should be addressed to one or more competent authorities. Adequate protection measures should be put in place to ensure the safety of any person associated with the submission or the information contained within it, including from retaliation and reprisals. To ensure ease of use for the submission of information and the standardisation of the information provided, the Commission should set up a user-friendly mechanism for the submission of information, available in all official languages of the institutions of the Union, and free of charge. Substantive and detailed information about claims submitted should be made immediately available to any economic operators concerned, while safeguarding the identities of the natural or legal persons involved in the submission.
Amendment 258 #
2022/0269(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product shouldmay be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods. Such decision should be proportionate, taking into account all relevant factors of the product, economic operator, consumers and the internal market.
Amendment 285 #
2022/0269(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global valuesupply chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 288 #
2022/0269(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) In light of the absence of an impact assessment accompanying the Commission's proposal on this Regulation, the Commission should evaluate and publish report on the impact of this Regulation on internal market, competitiveness, consumers and the EU and national budgets. This evaluation should employ specific indicators to assess its effectiveness, efficiency, and overall impact.
Amendment 299 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not cover the withdrawal of products which have reached the end-users in the Union market. or have been transformed or integrated into another product.
Amendment 302 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation shall apply only to economic operators defined in Article 2 of the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence.
Amendment 335 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘economic operator’ means any natural or legal person or association of persons who is company defined in Article 2 of the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence placing or making available products on the Union market or exporting products;
Amendment 372 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators established in their territory violated Article 3. That assessment shall be based on all relevant information available to them, including the following information:
Amendment 376 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) information requested by the competent authority from other relevant authorities or competent authority of Member States , where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.
Amendment 377 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) direct engagement with the economic operators concerned.
Amendment 380 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the due diligence plan of the economic operator under the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence with respect to prevent forced labour and the adequacy of the actions undertaken, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 387 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall (i) inform and coordinate its actions with any other competent authority designated by the Member State under the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence and the Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law. If a request of information or an investigation has already been launched in relation to similar facts or products, a lead competent authority shall be designated through the coordination mechanism in accordance with Article 12, to avoid duplicating requests of information or investigations. In this case, the competent authorities shall cooperate and share information with each other. (ii) request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment, including on the basis of any of the following:
Amendment 398 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1530 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article. In duly justified case, competent authorities may extend the response time by 15 working days.
Amendment 410 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorities shall conclude the preliminary phase of their investigation as to whether there is an ongoing and a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4.
Amendment 417 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall provide an opportunity for and duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time. The competent authority shall also take into account difficulties met in collecting reliable information on forced labour, especially in geographical areas other than the ones listed in the database referred to in Article 11.
Amendment 436 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Competent authorities that, pursuant to Article 4(5), and where appropriate with reference to the database referred to in Article 11, determine that there is a substantiated concern of a violation of Article 3, shall decide to initiate an investigation on the products and economic operators concerned.
Amendment 444 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) the reasons for the initiation of the investigation, unless it would jeopardise the outcome of the investigation;
Amendment 449 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)
Article 5 – paragraph 2 – point d a (new)
(da) the substantive information of any submission made by any natural or legal person that contributed to initiating an investigation, while withholding their identifying details.
Amendment 454 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. Where requested to do so by competent authorities, eEconomic operators under investigation shall have a right to submit to those competent authorities any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities shall to the extent possible:
Amendment 459 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and
Amendment 465 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Economic operators shall submit the information within 1530 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit. In duly justified case, competent authorities may extend the response time by 15 working days.
Amendment 474 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. When deciding on the time limits referred to in this Article, competent authorities shall consider all relevant aspects, including complexity of the product and its supply chain and the size and economic resources of the economic operators concerned.
Amendment 481 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. The identity of the economic operator shall not be made publicly available during the investigation.
Amendment 482 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 6 b (new)
Article 5 – paragraph 6 b (new)
6b. No later than 6 months after the entry into force of this Regulation, the Commission shall issue the guidance on investigation process including best practices and update them on an annual basis.
Amendment 484 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a reasonable period of time60 working days from the date they initiated the investigation pursuant to Article 5(1). This period can in duly justified cases be prolonged by another 60 working days.
Amendment 493 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 497 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where competent authorities cannot establish that Article 3 has been violatedwithin 60 working days from the date the economic operator submitted the information pursuant to Article 5(4) competent authorities cannot establish that Article 3 has been violated, or where concerns have been addressed and remedied during the course of the investigation, they shall take a decision to close the investigation and inform the economic operator thereof.
Amendment 502 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Where competent authorities establish that Article 3 has been violated, they shall without delay adopt a decision containing one or more of the following measures:
Amendment 523 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)
Article 6 – paragraph 4 – point c a (new)
(ca) other appropriate remedial measure.
Amendment 525 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. When deciding on a measure in accordance with Article 4(4), the competent authority shall consider factors such as the mitigating measures put in place by the economic operator, absence of other safety concerns related to the product, the impact on the EU resilience, the complexity of the supply chain, the existence of alternative products, the costs, environmental and socio-economic impact of the measure.
Amendment 528 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 5 – introductory part
Article 6 – paragraph 5 – introductory part
5. Where an economic operator has failed to comply with the decision referred to in paragraph 4, the competent authorities shall ensure allone of the following:
Amendment 547 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have actively pursued measures to eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators.
Amendment 552 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. Competent authorities shall ensure that a reasonable period is granted to economic operators to comply with their obligations under this Article.
Amendment 559 #
2022/0269(COD)
(b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 360 working days and no longer than necessary to withdraw the respective products. When setting such a time limit, the competent authority shall take into account the economic operator’s size and economic resources;
Amendment 567 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) all information allowing the economic operators to request a review of the decision in accordance with Article 8(5).
Amendment 574 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. A request for a review of a decision adopted pursuant Article 6(4) shallmay contain new information that was not brought to the attention of the competent authority during the investigation. The request for a review shall delay the enforcement of the decision adopted pursuant to Article 6(4) until the competent authority decides on the request for the review.
Amendment 576 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. A competent authority shall take a decision on the request for review within 150 working days from the date of receipt of the request. In case of perishable goods, animals and plants that time limit shall be 5 working days.
Amendment 600 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The Commission shall without delay inform any affected economic operators and third country authorities, of actions taken or not taken under this paragraph.
Amendment 603 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiatingobjective reasons along with a minimum level of evidence to support the allegation.
Amendment 606 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Member States shall ensure that competent authorities are able to dismiss manifestly unfounded cases at the earliest possible stage of the investigation in accordance with national law and that the person submiting the information of manifestly unfounded cases could be held liable for damages including the reputational risks associated with dissemination of unfounded information.
Amendment 615 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. The competent authority shall, as soon as possible, inform the economic operator about the the submission, and the substantive detail therein.
Amendment 621 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive,accurate verifiable and regulardaily updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities. The assessment of the initial database shall include full and transparent engagement with third country authorities, trading partners and economic operators including request for formal submissions, publicly-available proposed criteria for determining risk levels, and the formation of a Labour Platform stakeholder forum to allow for ongoing feedback on the operation and updating of the database.
Amendment 629 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Based on verifiable or, where the evidence is impossible to obtain on reliable evidence, external experts may identify products made in geographic areas with forced labour applied by state authorities that are in high-risk of violating Article 3.Criteria for ‘high risk’ designation shall be published. Any geographic areas considered for ‘high risk’ designation shall allow for consultation and right of response from the relevant third countries before products are formally designated. The Commission shall issue guidelines on measurable criteria for economic operators and third countries to meet and to demonstrate that products are no longer ‘high risk’ no later than 6 months after the entry into force of this Regulation.
Amendment 640 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into force of this Regulation.
Amendment 647 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The process for assessing the initial database shall include full and transparent engagement with third country authorities, trading partners and economic operators including request for formal submissions, publicly-available proposed criteria for determining risk levels, and the formation of a Labour Platform stakeholder forum to allow for ongoing feedback on the operation and updating of the database.
Amendment 733 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 186 months after the entry into force of this Regulation, which shall include the following:
Amendment 735 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) guidance on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators, taking into account the specificity of all economic sectors, including the agricultural sector;
Amendment 743 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of both the private sector and risk of state- imposed forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 756 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
The guidelines shall take into account other relevant legislation, such as EU Corporate Sustainability Due Diligence Directive, Regulations on responsible minerals, batteries and deforestation-free products.
Amendment 823 #
2022/0269(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Amendment 20 #
2022/0219(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) As the instrument aims to enhance the competitiveness and efficiency of the Union’s defence industry, to benefit from the instrument, common procurement contracts will need to be placed with legal entities which are established in the Union or in associated countries and are not subject to control by non-associated third countries or by non-associated third- country entities. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country. Taking into account the short-term need to replenish and expand defence stocks, especially those exacerbated by the transfer of defence products to Ukraine, this restriction should not apply to subcontractors. At the same time, the cost of components originating in non- associated third countries should not exceed 20 percent of the value of the end product. This limit should be increased to 50 percent of the value of the end product for the components originating in non- associated third countries that are members of NATO. Components should not be sourced from non-associated third countries that contravene the security and defence interests of the Union and its Member States, including the respect for the principle of good neighbourly relations.
Amendment 35 #
2022/0219(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 50 #
2022/0219(COD)
1. Only actions fulfilling all of the following criteria shall be eligible for funding under the Instrument:
Amendment 54 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the actions shall involve cooperation for common procurement of the most urgent and critical defence products between eligible entities, as referred to in Article 9, implementing the objectives referred to in Article 3;
Amendment 55 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the actions shall involve new cooperation or an extension of existing cooperation to at least one new Member States or associated countries;
Amendment 63 #
Amendment 64 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the participating Member States and associated third countries participating in the common procurement.
Amendment 77 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union or in an associated third country. They shall not be subject to control by a non- associated third country or by a non- associated third country entity.
Amendment 79 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement only if it provides guarantees approved by the Member State or associated third country in which the contractor involved in the procurement process is established.
Amendment 86 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country. Where no competitive substitutes are readily available in the Union or in an associated third country, contractors and subcontractors involved in the common procurement may use their assets, infrastructure, facilities and resources located or held outside the territory of the Member States or of the associated third countries provided that such use does not contravene the security and defence interests of the Union and its Member States and is consistent with the objectives set out in Article 3.
Amendment 89 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 8 a (new)
Article 8 – paragraph 8 a (new)
8 a. By the way of derogation from paragraph 8, taking into account the short-term need to replenish and expand defence stocks, including to compensate for the military assistance to Ukraine, the restriction as referred to in paragraph 8 of this Article shall not apply to subcontractors involved in the common procurement, provided that this does not contravene the security and defence interests of the Union and its Member States and is consistent with the objectives set out in Article 3.
Amendment 90 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
Amendment 111 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10 a. The cost of components originating in non-associated third countries shall not exceed 20 percent of the value of the end product. No components shall be sourced from non- associated third countries that contravene the security and defence interests of the Union and its Member States, in particular Russia.
Amendment 113 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 10 b (new)
Article 8 – paragraph 10 b (new)
Amendment 118 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
1. The contribution of the action to strengthening and developing the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs as referred to in Article 3, including with respect to procurement procedure and delivery lead times, replenishment of stocks, availability and supply; (a) the contribution to the creation of new cross-border cooperation between the Member States or associated third countries; (b) the demonstration of the action’s contribution to the replenishment of stockpiles that have been depleted as a result of the response to the Russian military aggression against Ukraine; (c) the demonstration of the action’s contribution to the replacement of stockpiles of Soviet-era legacy defence systems with European solutions; (d) the contribution of the action to strengthening and developing the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs as referred to in Article 3, including with respect to procurement procedure and delivery lead times, replenishment of stocks and replacement of stocks with European solutions, availability and supply; (e) the contribution of the action to competitiveness and adaptation of the EDTIB throughout the Union, including through the envisaged ramp-up of its manufacturing capacities, reservation of manufacturing capacities, its reskilling and upskilling, and overall modernization; (f) the contribution of the action to strengthening cooperation among Member States or associated third countries and interoperability of products; (g) the participation of contractors and subcontractors established in Member States that have a common border with Russia or with countries aggressed by Russia, or that have their territorial waters or Exclusive Economic Zones adjacent to those of the countries aggressed by Russia; (h) the estimated size of the common procurement and any declaration by the participants that they will jointly use, stockpile, own or maintain the procured defence products; (i) catalytic effect of Union financial support through demonstration of how the Union contribution can overcome obstacles to common procurement; (j) quality and efficiency of the plans for carrying out of the action. The weighting of the award criteria shall be determined by the Commission, assisted by the Committee as referred to in Article 14.
Amendment 123 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 2
Article 10 – paragraph 1 – point 2
Amendment 125 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 3
Article 10 – paragraph 1 – point 3
Amendment 127 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 4
Article 10 – paragraph 1 – point 4
Amendment 131 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 5
Article 10 – paragraph 1 – point 5
Amendment 133 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 6
Article 10 – paragraph 1 – point 6
Amendment 135 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 7
Article 10 – paragraph 1 – point 7
Amendment 167 #
2022/0155(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to achieve the objectives of this Regulation, it should cover providers of services that have the potential to be misused for the purpose of online child sexual abuse. As they are increasingly misused for that purpose, those services should include publicly available number- independent interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those services as publicly available. As services which re publicly available. The mere use of a number as an identifier should not be considered to be equivalent to the use of a number to connect with publicly assigned numbers and should therefore, in itself, not be considered to be sufficient to qualify a service as a number-based interpersonal communications service. To this end, obligations under this Regulation should apply to number-independent interpersonal communications services, regardless of whether they use numbers for the provision of their service, such as messaging services, in so far as those services are publicly available and they allow users of the service to upload, disseminate and exchange images, videos and sound not provided by the provider of the service itself. Services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of gamingelectronic games, image-sharing and video-hosting are equally at risk of misuse, they should also be covered by this Regulation. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner. should be covered by this Regulation, in so far as they allow users of the service to upload, disseminate and exchange images and videos not provided by the provider of the service itself, or that depict content other than related to gameplay. The additional assessment should be given to the services enabling transmission of sound as an ancillary feature, while considering the general purpose of that service and the risk exposure, such as in the case of electronic games. Given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner. For example, where it is necessary to involve providers of information society services, including providers of intermediary services, any requests or orders for such involvement should, as a general rule, be directed to entity acting as data controller in accordance with Regulation (EU) 2016/697 or where that is unfeasible, to the specific provider that has the technical and operational ability to act against specific child sexual abuse material, so as to prevent and minimise any possible negative effects on the availability and accessibility of information that is not illegal content. To this end, detection obligations shall not apply to cloud computing services and web-hosting services when serving as infrastructure, given their specific role and the broad impact it would have on users utilising cloud-hosted services.
Amendment 181 #
2022/0155(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available number-independent interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigahould consider, in particular, the negative impacts of such measures on the fundamental rights enshrined in the Charter on all parties involved and adopt appropriate and proportionate measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]to protect children, for example by designing their online interfaces or parts thereof with the highest level of privacy, safety and security for children by default where appropriate or adopting standards for protection of children, or participating in codes of conduct for protecting children. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) 2022/2065 may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification andassurance through parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.
Amendment 189 #
2022/0155(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) End-to-end encryption is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Any restrictions of encryption could potentially be abused by malicious third parties. In order to ensure effective consumer trust, nothing in this Regulation should be interpreted as the requirement to prevent, circumvent, compromise, undermine encryption in place, or prohibit providers of information society services from providing their services applying encryption, restricting or undermining such encryption in the sense of being detrimental to users’ expectations of confidential and secure communication services, for example by implementation of client side scanning or other device- related, server-side solutions or requirements to proactively forward electronic communications to third parties which may weaken or introduce vulnerabilities into the encryption. Member States should not deter nor prevent providers of information society services from providing their services applying encryption, considering that such encryption is essential for trust in and security of the digital services, and effectively prevents unauthorised third- party access.
Amendment 193 #
2022/0155(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available interpersonal communications services should, when designing and implementing the mitigation measures, give importance not only to ensuring their effectiveness, but also to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which mitigation measures should reasonably be taken in a given situation, account should also be taken of the financial and technological capabilities and the size of the provider concerned. When selecting appropriate mitigation measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self- regulatory cooperation, and those contained in guidelines from the Commission. Those mitigation measures should always be the least intrusive option possible, with the level of intrusiveness increasing only if justified by lack of effectiveness or implementation of the less intrusive option. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measures.
Amendment 200 #
2022/0155(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) Having regard to the need to take due account of the fundamental rights guaranteed under the Charter of all parties concerned, any action taken by a provider of relevant information society services should be strictly targeted, in the sense that it should serve to detect, remove or disable access to the specific items of information considered to constitute child sexual abuse online, without unduly affecting the freedom of expression and of information of recipients of the service. Orders should therefore, as a general rule, be directed to the entity acting as a data controller or where that is unfeasible, to the specific provider of relevant information society services that has the technical and operational ability to act against such specific items of child sexual abuse material, so as to prevent and minimise any possible negative effects on the availability and accessibility of information that is not illegal content. The providers of relevant information society services who receive an order on the basis of which they cannot, for technical or operational reasons, remove the specific item of information, should inform the person or entity who submitted the order.
Amendment 232 #
2022/0155(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) This Regulation recognises and reinforces the key role of hotlines in optimising the fight against child sexual abuse online at the Union level. Hotlines are at the forefront of detecting new child sexual abuse material and have a track record of proven capability in the rapid identification and removal of child sexual abuse material from the digital environment. Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union.
Amendment 241 #
2022/0155(COD)
(b) obligations on relevant providers of hosting services and providers of interpersonal communication services to detect andinformation society services that allow for the exchange of images, videos and where applicable sound, to report online child sexual abuse;
Amendment 242 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point c
Article 1 – paragraph 1 – subparagraph 2 – point c
(c) obligations on providers of hostingrelevant information society services to remove or disable access to child sexual abuse material on their services;
Amendment 251 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(a a) 'cloud computing service' means a service as defined in Article 6, point (30), of Directive (EU) 2022/2555 of the European Parliament and of the Council.
Amendment 254 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘interpersonal communications service’ means a publicly available service as defined in Article 2, point 5, of Directive (EU) 2018/1972, including services which enable direct interpersonal and interactive exchange of information that include videos and images, merely as a minor ancillary feature that is intrinsically linked to another service;
Amendment 275 #
2022/0155(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Voluntary own-initiative detection Providers of relevant information society services shall be deemed eligible to carry out own-initiative investigations into, or take other measures aimed at detecting, identifying and preventing dissemination or removing child sexual abuse on their services in addition to mandatory requirements foreseen in this Regulation.
Amendment 276 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Providers of hosting services and providers of interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the risk of use of, excluding cloud computing services, and providers of number-independent interpersonal communications services shall identify, analyse and assess the recurrent systemic risk of use of their services for the purpose of online child sexual abuse. The risk assessment shall be specific to these service for the purpos and proportionate to the systemic risk considering its severity and probability, including based of onlinn the specific cases where service was misused to disseminate child sexual abuse materials.
Amendment 288 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
Article 3 – paragraph 2 – point b – indent 3
— functionalities enabling age verificationparental control, that among others allow for age assurance;
Amendment 301 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 2
Article 3 – paragraph 2 – point e – point iii – indent 2
Amendment 303 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3
Article 3 – paragraph 2 – point e – point iii – indent 3
— enabling users to establish direct contact and share images or videos with other users, in particular through private communications.
Amendment 321 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services, excluding cloud computing services, and providers of interpersonal communications services shall take reasonable, proportionate and targeted mitigation measures, tailored to the risk identified pursuant to Article 3 and the type of service offered, to minimise that risk. Such measures shall include some or all of the following:
Amendment 327 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) introducing parental control features and functionalities that allow the parents or the legal guardians to exercise oversight and control over the child's activity;
Amendment 330 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(a b) implementing measures to prevent and combat the dissemination of online child sex abuse materials;
Amendment 344 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) applied in line with the right to privacy and the safety of individuals, targeted and proportionate in relation to that risk, taking into account, in particular, the seriousness of the risk as well as the provider’s financial and technological capabilities and the number of users;
Amendment 352 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the mitigation measurestargeted measures, such as parental control tools that enable age assurance, and other tools that adapt their online interface and protect child users from solicitation.
Amendment 386 #
2022/0155(COD)
Article 6 a Encrypted services Nothing in this Regulation shall be construed as prohibiting, restricting or undermining the provision or the use of encrypted services. Providers of information society services shall not be deterred nor prevented by relevant public authorities from offering encrypted services.
Amendment 394 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power, as a last resort, when all the measures in Article 3, 4 and 5 have been exhausted, to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific service, for a limited time and for the sole purpose of detecting known child sexual abuse material, a detection order requiring a provider of hosting services excluding cloud computing services, or a provider of number-independent interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect known child sexual abuse on a specific service or relating to specific users or groups of users. The detection order shall be limited to the information identified in the order, allow the service provider to fulfill it without the need to carry out an independent assessment of that content and search and removal can be carried out by reliable automated tools. The detection order shall be directed to the providers of hosting services, excluding cloud computing services, and number-independent interpersonal communications services that can reasonably be expected to have the technical and operational ability to act.
Amendment 524 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point e a (new)
Article 10 – paragraph 4 – point e a (new)
(e a) ensure privacy and safety by design and by default and, where applicable, the protection of encryption;
Amendment 542 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The provider shall establish and operate an accessible, effective, age- appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service.
Amendment 565 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Amendment 578 #
2022/0155(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Providers of hosting services and where applicable cloud computing services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.
Amendment 579 #
2022/0155(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services and where applicable cloud computing services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them.
Amendment 592 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 595 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point e
Article 26 – paragraph 2 – point e
Amendment 597 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Paragraph 2 shall not prevent supervision of the Coordinating Authorities in accordance with national constitutional law, to the extent that such supervision does not affect their independence as required under this Regulation or from coordination with public authorities relevant to combat child sexual materials.
Amendment 629 #
2022/0155(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, hotlines, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services.
Amendment 632 #
2022/0155(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. The Coordinating Authorities, hotlines, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation.
Amendment 635 #
2022/0155(COD)
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
3 a. Where the EU Centre receives a report from a hotline, or where a provider that submitted the report to the EU Centre has indicated that the report is based on the information received from a hotline, the EU Centre shall coordinate with the relevant Coordinating Authorities in order avoid duplicated reporting on the same material that has already been reported to the national law enforcement authorities by the hotlines and monitor the removal of the child sexual abuse material or cooperate with the relevant hotline to track the status.
Amendment 645 #
2022/0155(COD)
Proposal for a regulation
Article 83 – paragraph 1 – point a – indent 3
Article 83 – paragraph 1 – point a – indent 3
— in relation to complaints and cases submitted by users in connection to the measures taken to comply with the order, the number of complaints submitted directly to the provider, the number of cases brought before a judicial authority, the basis for those complaints and cases, the decisions taken in respect of those complaints and in those cases, the averagemedian time needed for taking those decisions and the number of instances where those decisions were subsequently reversed;
Amendment 647 #
2022/0155(COD)
Proposal for a regulation
Article 83 – paragraph 1 – point b
Article 83 – paragraph 1 – point b
(b) the number of removal orders issued to the provider in accordance with Article 14 and the averagemedian time needed for removing or disabling access to the item or items of child sexual abuse material in question;
Amendment 163 #
2022/0095(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point g a (new)
Article 1 – paragraph 2 – point g a (new)
(g a) works of art, collectors’ items and antiques;
Amendment 166 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘remanufacturing’ means an industrial process in which a product is produced or modified from objects that are waste, products or components and in which at least one change is made to the product that affects the safety, performance, purpose or type of the product typically placed on the market with a commercial guarantee and requiring a new conformity assessment of the emerging product to ensure compliance with applicable legal requirements;
Amendment 167 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘upgrading’ means substantial enhancing of the functionality, performance, capacity or aesthetics of a product;
Amendment 173 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘refurbishment’ means preparing or modifying an object that is waste or a product to restore its performance orand functionality within the intended use, range of performance and maintenance originally conceived at the design stage, and to maintain the compliance or to meet applicable technical standards or regulatory requirements applicable at the time of placing on the market, with the result of making a fully functional product;
Amendment 175 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘repair’ means returnbringing a defective product or waste to a condition where it fulfils its intended use;
Amendment 185 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 52
Article 2 – paragraph 1 – point 52
(52) ‘conformity assessment’ means the process demonstrating whether the requirements set out in the relevant delegated acts adopted pursuant to Article 4 have been fulfilledconformity assessment as defined in Article 2(12) of Regulation (EC) No 765/2008;
Amendment 186 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 53
Article 2 – paragraph 1 – point 53
(53) ‘conformity assessment body’ means a body that performs conformity assessment activities including calibration, testing, certification and inspections defined in Article 2(13) of Regulation (EC) No 765/2008;
Amendment 187 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 55
Article 2 – paragraph 1 – point 55
(55) ‘provider of an online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application, that allows customers to conclude distance contracts with economic operators for the sale of products covered by delegated acts adopted pursuant to Article 4online marketplace as defined in [Article 3(14) of Regulation (EU) 2021/0170 on General Product Safety];
Amendment 190 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 58
Article 2 – paragraph 1 – point 58
Amendment 191 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 59
Article 2 – paragraph 1 – point 59
Amendment 198 #
2022/0095(COD)
The definitions of ‘market surveillance’, ‘market surveillance authority’, ‘fulfilment service provider’, ‘online interface’, ‘corrective action’, ‘end-user’, ‘recall’, ‘withdrawal’, ‘customs authorities’ and ‘release for free circulation’ in Article 3, points (3), (4), (11), (15), (16), (21), (22), (23), (24) and (25), of Regulation (EU) 2019/1020 and definitions of 'risk' and 'serious risk' in Article 3, points (4) and (5), of [of Regulation (EU) 2021/0170 on General Product Safety] shall also apply.
Amendment 200 #
2022/0095(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products that comply with the performance requirements set out in delegated acts adopted pursuant to Article 4 for reasonon grounds of non-compliance with national performance requirements relating to product parameters referred to in Annex I covered by performance requirements included in such delegated acts.
Amendment 205 #
2022/0095(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 208 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 667 to supplement this Regulation by establishing ecodesign requirements for, or in relation to, products to improve their environmental sustainability. Those requirements shall include the elements listed in Annex VI and shall be established in accordance with Articles 5, 6 and 7 and Chapter III. The empowerment to adopt ecodesign requirements includes the power to establish that no performance requirements, no information requirements or neither performance nor information requirements are necessary for certain specified product parameters referred to in Annex I. (This amendment applies throughout the text in the context of Article 4 and related parts.)
Amendment 211 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
Amendment 213 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) requiring within their capacity, manufacturers, their authorised representatives or importers to make available to the Commission information on the estimated quantities of a product covered by those delegated acts placed on the market or put into service, in accordance with Article 31(1);
Amendment 215 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) subject to trade secrets and privacy considerations, requiring manufacturers, their authorised representatives or importers to collect, anonymise, or report to the Commission the in-use data referred to in point (c), in accordance with Article 31(3);
Amendment 217 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point e
Article 4 – paragraph 3 – point e
(e) requiring the use of online tools to calculate the performance of a product in relation to a product parameter referred to in Annex I, in accordance with Article 32(2);
Amendment 218 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
Amendment 223 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point h a (new)
Article 4 – paragraph 3 – point h a (new)
(h a) specifying requirements applicable to second-hand, refurbished or repaired products offered to consumers on the Union market;
Amendment 225 #
2022/0095(COD)
1. The Commission shall, as appropriate to the relevant product groups and with due consideration for all stages of their life cycle, technical and economic feasibility as well as unique tradeoffs between their characteristics, establish ecodesign requirements to improve the following product aspects:
Amendment 229 #
Amendment 230 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) possibility of maintenance and refurbishment;
Amendment 236 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Ecodesign requirements shall be established for a specific product type or where possible product group.
Amendment 237 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
However, where two or more product types or groups display technical similarities allowing a product aspect referred to in paragraph 1 to be improved based on a common requirement, ecodesign requirements may be established horizontally for those product groups.
Amendment 244 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v a (new)
Article 5 – paragraph 4 – point a – point v a (new)
(v a) Commission Communication COM(2021) 219 and the "Better Regulation" guidelines and toolbox;
Amendment 254 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) there shall be no significant negative impact on consumers in terms of the affordability of relevant products for the low income categories, also taking into account access to second-hand products, durability and the life cycle cost of products;
Amendment 261 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The Commission shall publish relevant, immediately upon completion and without undue delay, all relevant impact assessments, studies and analyses used in the establishment of ecodesign requirements in accordance with this Regulation.
Amendment 270 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. The information requirements referred to in paragraph 1 shall not apply to products manufactured prior to the application of this Regulation.
Amendment 283 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point -a (new)
Article 8 – paragraph 2 – point -a (new)
(-a) shall be deemed to substantially contribute to environmental sustainability of products and enhance the principle free movement in the internal market;
Amendment 298 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) ensure that actors along the value chain, in particular consumers, economic operators and competent national authorities, can access product information related to environmental sustainability relevant to them;
Amendment 315 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 4 – point b a (new)
Article 8 – paragraph 4 – point b a (new)
(b a) the product has been manufactured prior to the application of this Regulation;
Amendment 317 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4 a. Economic operators responsible for compliance with the information requirements referred to in Article 7 of this Regulation shall not be held liable for inaccurate information provided by producers or suppliers of articles, substances or mixtures;
Amendment 340 #
2022/0095(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 355 #
2022/0095(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 106 years after the product has been placed on the market or put into service. Delegated acts adopted pursuant to Article 4 may specify a period longer or shorter than 10 years in order to take account of the nature of the products or requirements concerned.
Amendment 356 #
2022/0095(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with the applicable requirements. Changes in the production process, product design or in characteristics, as well as changes in harmonised standards, common specifications or other technical specifications by reference to which product conformity is declared or by application of which its conformity is verified, shall be adequately taken into account by manufacturers and, in case they found that the product’s conformity is negatively affected, manufacturers shall carry out a re- assessment in accordance with the conformity assessment procedure specified in the delegated acts adopted pursuant to Article 4, or have it carried out on their behalf..
Amendment 357 #
2022/0095(COD)
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. Manufacturers shall ensure that that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the productand technical documentation as required in the Regulation on [General Product Safety]and in a language that can be easily understood by consumers and other end- users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii).
Amendment 363 #
2022/0095(COD)
Proposal for a regulation
Article 21 – paragraph 8 – subparagraph 1
Article 21 – paragraph 8 – subparagraph 1
Manufacturers who consider or have reason to believe that a product covered by a delegated act adopted pursuant to Article 4 that they have been placed on the market or put into service is not in conformity with the requirements set out in those delegated acts shall immediately taketake, without undue delay, the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate.
Amendment 364 #
2022/0095(COD)
Proposal for a regulation
Article 21 – paragraph 8 – subparagraph 2
Article 21 – paragraph 8 – subparagraph 2
Manufacturer shall immediately inform the market surveillance authorities of the Member States in which they made the product available of the suspected non- compliance and of any corrective measures taken without undue delay.
Amendment 366 #
2022/0095(COD)
Proposal for a regulation
Article 21 – paragraph 9 – subparagraph 1
Article 21 – paragraph 9 – subparagraph 1
Manufacturers shall, further to a reasoned request from a competent national authority, provide all the information and documentation necessary to demonstrate the conformity of the product, including the technical documentation in a language that can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available within 10 days ofas soon as possible, after the receipt of a request by a competent national authority.
Amendment 367 #
2022/0095(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
Amendment 368 #
2022/0095(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) further to a request from a competent national authority, make available relevant documents within 10 days of the receipt of such a request as soon as possible relevant documents;
Amendment 369 #
2022/0095(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 371 #
2022/0095(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Importers shall ensure that the product is accompanied by instructions that enable the consumer to assemble, install, operate, store, maintain, repair and dispose of the product, in a language that can be easily understood by consumers and other end users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and shall include at least the information specified in the delegated acts adopted pursuant to Article 4.
Amendment 372 #
2022/0095(COD)
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 1
Article 23 – paragraph 6 – subparagraph 1
Importers who consider or have reason to believe that a product covered by a delegated act adopted pursuant to Article 4, which they have placed on the market or put into service, is not in conformity with the requirements set out in that act shall immediatelyact without undue delay and take the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate.
Amendment 373 #
2022/0095(COD)
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 2
Article 23 – paragraph 6 – subparagraph 2
Importers shall immediately informnform as soon as possible the market surveillance authorities of the Member States in which they made the product available of the suspected non- compliance and of any corrective measures taken.
Amendment 374 #
2022/0095(COD)
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
7. Importers shall, for 106 years or the period specified by a delegated act adopted pursuant to Article 4, keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request.
Amendment 376 #
2022/0095(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the product is accompanied by the required documents and by instructions, to enable the consumer to assemble, install, operate, store, maintain, and dispose of the product, in a language that can be easily understood by consumers and other end- users, as determined by the Member State in which the product is to be made available on the market, and that such instructions are clear, understandable and legible and include at least the information set out in Article 7(2), point (b), point (ii), as laid down in the delegated act adopted pursuant to Article 4;
Amendment 379 #
2022/0095(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1
Article 24 – paragraph 4 – subparagraph 1
Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with the requirements set out in a delegated act adopted pursuant to Article 4 shall make sure that the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate, are taken.
Amendment 382 #
2022/0095(COD)
Proposal for a regulation
Article 25
Article 25
Amendment 386 #
2022/0095(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where a delegated act adopted pursuant to Article 4 requires products to have a label as referred to in Article 14, the economic operator placing the product on the market or putting it into service shall ensure that products are accompanied, for each individual unit and free of charge, by printed or machine readable labels in accordance with that delegated act.
Amendment 387 #
2022/0095(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Where a delegated act adopted pursuant to Article 4 requires products to have a label as referred to in Article 14, the economic operator placing the product on the market or putting it into service shall deliver printed labels or digital copies of the label to the dealer free of charge, promptly and in any event within 530 working days of the dealer’s request.
Amendment 392 #
2022/0095(COD)
Proposal for a regulation
Article 29 – title
Article 29 – title
Obligations of online marketplaces and online search engines
Amendment 396 #
2022/0095(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
Amendment 397 #
2022/0095(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point e
Article 29 – paragraph 1 – point e
Amendment 402 #
2022/0095(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1 a. Without prejudice to Article 29 (1), new obligations shall not be understood as requiring online marketplaces to: a) proactively ensure compliance with all the products sold by third-party sellers on its marketplaces; b) introduce monitoring obligations;
Amendment 403 #
2022/0095(COD)
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
For the purpose of the requirements of [Article 22(7)5] of Regulation (EU) …/… [the Digital Services Act]2022/2065, online marketplaces shall design and organise their online interface in a way that enables dealers to fulfil their obligations set out in Article 25 and allows economic operators to fulfil their obligations under Article 30(1) of this Regulation.
Amendment 404 #
2022/0095(COD)
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 2
Article 29 – paragraph 2 – subparagraph 2
Amendment 407 #
2022/0095(COD)
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 3
Article 29 – paragraph 2 – subparagraph 3
In particular, where delegated acts adopted pursuant to Article 4 require online visual advertising for certain products to be accompanied by online electronic information to be displayed on the display mechanism, online marketplaces shall enable dealers to show it. This obligation shall also apply to online search engines and other online platforms that provide online visual advertising for the products concerned.
Amendment 410 #
2022/0095(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. As far as powers conferred by Member States in accordance with Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by a relevant delegated act adopted pursuant to Article 4, to order an online marketplace to remove specific illegal content referring to a non-compliant product from its online interface, disable access to it or display an explicit warning to end-users when they access it. Such orders shall comply with [Article 8(1)] of Regulation (EU) …/… [the Digital Services Act]2022/2065.
Amendment 413 #
2022/0095(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 414 #
2022/0095(COD)
Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 1
Article 29 – paragraph 5 – subparagraph 1
Online marketplaces shall establish or appoint an existing contact point as a single contact point allowing for direct communication with Member States’ market surveillance authorities in relation to compliance with this Regulation and the delegated acts adopted pursuant to Article 4.
Amendment 416 #
2022/0095(COD)
Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 2
Article 29 – paragraph 5 – subparagraph 2
Amendment 421 #
2022/0095(COD)
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. Where products are made available on the market online or through other means of distance sales by the relevant economic operators, the relevant product offer shall clearly and visibly provide at least the following information:[Article 20(5)] of Regulation (EU) …/… [the General Product Safety Regulation] shall apply accordingly.
Amendment 422 #
2022/0095(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
Amendment 423 #
2022/0095(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
Amendment 424 #
2022/0095(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
Amendment 425 #
2022/0095(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
Economic operators shall be able to provide this information for 106 years after they have been supplied with the relevant products and for 106 years after they have supplied such products. When adopting delegated acts pursuant to Article 4, the Commission may specify a period of more or less than 106 years to take account of the nature of the relevant products or requirements.
Amendment 428 #
2022/0095(COD)
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part
Article 30 – paragraph 3 – subparagraph 1 – introductory part
Amendment 431 #
2022/0095(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point a
Article 31 – paragraph 1 – subparagraph 1 – point a
(a) where available, the availability of evidence on the market penetrations of the relevant product in order to facilitate the review of delegated acts adopted pursuant to Article 4 applicable to that product;
Amendment 436 #
2022/0095(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
Where necessary to ensure compliance with ecodesign requirements set out in delegated acts adopted pursuant to Article 4, third subparagraph, point (e), the Commission may require the use of online tools, based on relevant European or international standards, for the calculation of the performance of products in relation to the relevant product parameter referred to in Annex I reflecting the applicable calculation requirements.
Amendment 439 #
2022/0095(COD)
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 1
Article 33 – paragraph 4 – subparagraph 1
Amendment 442 #
2022/0095(COD)
Proposal for a regulation
Article 35
Article 35
Amendment 446 #
2022/0095(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 447 #
2022/0095(COD)
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. The CE marking and, where applicable, the identification number of the notified body may be followed by a pictogram or other marking indicating a special risk or use.
Amendment 456 #
2022/0095(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Requirements pursuant to Article 4, third subparagraph, point (h) for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, may take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.
Amendment 462 #
2022/0095(COD)
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2 a. Public procurements related to national security or for which other union laws foresees exclusions, shall be exempted from the provisions of this Article.
Amendment 471 #
2022/0095(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
No sooner than [8 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products. The Commission shall present a report on the main the impact on the products cost and affordability, a competitiveness of the European producers and businesses in general. The Commission shall present a report on the main findings, including specific, detailed data substantiating these findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.
Amendment 110 #
2022/0092(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order for consumers to take better informed decisions and stimulate the demand for, and the supply of, more durable goods, specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. Moreover, as regards goods with digital elements, digital content and digital services, where it can be reasonably assessed, consumers should be informed about the period of time during which free software updates are available. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers, including in an official language or in official languages of the Member State where the good is sold, with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and, (EU) 2019/77130 and (EU) 2011/83 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
Amendment 114 #
2022/0092(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Another commercial practice observed, which should be classified as unfair in all circumstances, is when a producer offers a different commercial guarantee and repair conditions for the same model of product depending on the Member State where the product is to be offered. For example, a manufacturer offers a five-year commercial guarantee period for the same model of washing machine in one Member State and only a three-year period in another Member State, which bears the hallmarks of discrimination and double standards in the treatment of consumers in the target markets. Without prejudice to the provisions of Article 17 of Directive 2019/771 and respecting different periods of legal guarantee and its impact on the total length of the commercial guarantee and the legal guarantee, such practices should be prohibited.
Amendment 146 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘environmental claim’ means any message or representation in any form, which is not mandatory under Union law or national law, including text, pictorial, graphic or symbolic representation, in any form, including labels, brand names, company names or product names, in the context of a commercial communication, which states or implies that a product or trader has a positive or no impact on the environment or is less damaging to the environment than other products or traders, respectively, or has improved their impact over time;
Amendment 150 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
Amendment 152 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
Amendment 171 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘mandatory software update’ means a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771; This amendment applies throughout the text.Or. enJustification
Amendment 175 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point x
Article 2 – paragraph 1 – point x
(x) ‘consumable’ means any component of a good that is used up recurrently and needs to be replaced or replenished for the good to function as intended;
Amendment 190 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
(e) advertising as a distinctive part of the product benefits for consumers that are considered as a common practice in the relevant market according to Union and national law and public authorities guidelines.
Amendment 200 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a a (new)
Article 2 – paragraph 1 – point 1 – point a a (new)
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(aa) point 14 is amended as follows: ‘(14) ‘commercial guarantee’ means any undertaking by the trader or a producer (to the guarantor) to the consumerconsumer, including regarding durability of the product as referred to in Article 17 of Directive (EU) 2019/771, in addition to his legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;’;
Amendment 201 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 a
Article 2 – paragraph 1 – point 14 a
Amendment 206 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on a method established in accordance withand harmonised at Union lawevel;
Amendment 218 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
Article 5 – paragraph 1 – point e a
(ea) for all goods, where the producer makes it available, information that the goods benefit from a commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;
Amendment 223 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e b
Article 5 – paragraph 1 – point e b
(eb) for energy-using goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after- sales services and commercial guarantees provided in accordance with point (e);
Amendment 232 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e d
Article 5 – paragraph 1 – point e d
(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the reasonably expected minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;
Amendment 237 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
(i) where applicable and where the provider makes such information available, the reparability score for the goods;
Amendment 238 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) where the producer does not make available the information referred to in point (i), information that the producer has not provided information on the reparability score. This information shall be displayed in a prominent way;
Amendment 243 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j a (new)
Article 5 – paragraph 1 – point j a (new)
(ja) where applicable, the information that the producer makes it possible, and provides access to the third party producers to information that facilitates manufacturing of replacement parts.
Amendment 254 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
Article 6 – paragraph 1 – point m a
(ma) for all types of goods, where the producer makes it available, information that the goods benefit from a commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;
Amendment 258 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m b
Article 6 – paragraph 1 – point m b
(mb) for energy-using goods, where the producer does not make available information referred to in point (ma), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after- sales services and commercial guarantees provided in accordance with point (m);
Amendment 266 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m d
Article 6 – paragraph 1 – point m d
(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the reasonably expected minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;
Amendment 272 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point u
Article 6 – paragraph 1 – point u
(u) where applicable, and where the provider makes such information available the reparability score for the goods;
Amendment 273 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point u a (new)
Article 6 – paragraph 1 – point u a (new)
(ua) where the producer does not make available the information referred to in point (u), information that the producer has not provided information on the reparability score. This information shall be displayed in a prominent way.
Amendment 279 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v a (new)
Article 6 – paragraph 1 – point v a (new)
(va) where applicable, the information that the producer makes it possible, and provides access to the third party producers to information that facilitates manufacturing of replacement parts.
Amendment 282 #
2022/0092(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
By [5 years from adoption], the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council. That report shall contain an assessment if the Directive contributed to the removal of the non-tariff barriers to the trade of sustainable products and services in the internal market and achieved the objective of enhancing the protection of consumers against unfair commercial practices and misleading advertising of products advertised as sustainable as well as a summary of positive and negative effects on businesses, and in particular on small and medium-sized enterprises.
Amendment 286 #
2022/0092(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [1824 months from adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 289 #
2022/0092(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from [2430 months from adoption].
Amendment 299 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 a
Annex I – point 4 a
4a. Making a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to thevague or non-specific environmental claim.
Amendment 301 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b
Annex I – point 4 b
4b. Making an environmental claim about the entire product when it actually concerns only a certain aspect of the product and which overall value for the environment does not exceed other elements of the product.;
Amendment 315 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 d
Annex I – point 23 d
23d. Omitting to inform the consumer that a mandatory software update will have reasonably predictable consequences and as a result will negatively impact the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.
Amendment 331 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 g
Annex I – point 23 g
23g. Presenting goods as allowing repair when they do not or repair is significantly hindered, or omitting to inform the consumer that goods do not allow repair in accordance with legal requirements.
Amendment 340 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i a (new)
Annex I – point 23i a (new)
23ia. Offering by the same producer or trader of disadvantageous terms or of a shorter period of commercial guarantee for the same product in one or more Member States resulting in a disadvantageous situation when comparing the situations in different Member States.
Amendment 97 #
2022/0047(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation ensures that users of a product or related service in the Union can access, in a timely manner, the data generated by the use of that product or related service and that those users can use the data, including by sharing them with third parties of their choice. It imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. It also ensures that data holders make data available to data recipients in the Union under fair, reasonable and non-discriminatory terms and in a transparent manner. The term to ‘make data available’ under this Regulation should be understood also as to ‘export data permanently’. Private law rules are key in the overall framework of data sharing. Therefore, this Regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro, small or medium-sized enterprises within the meaning of Recommendation 2003/361/EC. This Regulation also ensures that data holders make available to public sector bodies of the Member States and to Union institutions, agencies or bodies, where there is an exceptional need, the data that are necessary for the performance of tasks carried out in the public interest. In addition, this Regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the Union. This Regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold, have access to or process data, or as conferring any new right on the data holder to use data generated by the use of a product or related service. Instead, it takes as its starting point the control that the data holder effectively enjoys, de facto or de jure, over data generated by products or related services.
Amendment 111 #
2022/0047(COD)
(15) In contrast, certain products that are primarily designed to display or play content, or to record and transmit content, amongst others for the use by an online service should not be covered by this Regulation. Such products include, for example, personal computers, servers, tablets and smart phones, consoles and peripherals, cameras, webcams, sound recording systems and text scanners. They require human input to produce various forms of content, such as text documents, sound files, video files, games, digital maps.
Amendment 134 #
2022/0047(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The user should be free to use the data for any lawful purpose. This includes providing the data the user has received exercising the right under this Regulation to a third party such as the data marketplace, data sharing service provider referred to Article 10 [Data Governance Act] or offering an aftermarket service that may be in competition with a service provided by the data holder, or to instruct the data holder to do so. The data holder should ensure that the data made available to the third party is as accurate, complete, reliable, relevant and up-to-date as the data the data holder itself may be able or entitled to access from the use of the product or related service. Any trade secrets or intellectual property rights should be respected in handling the data. It is important to preserve incentives to invest in products with functionalities based on the use of data from sensors built into that product. The aim of this Regulation should accordingly be understood as to foster the development of new, innovative products or related services, stimulate innovation on aftermarkets, but also stimulate the development of entirely novel services making use of the data, including based on data from a variety of products or related services. At the same time, it aims to avoid undermining the investment incentives for the type of product from which the data are obtained, for instance, by the use of data to develop a competing product.
Amendment 172 #
2022/0047(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The ability for customers of data processcloud computing services, including cloud and edge services, to suitably switch from one data processcloud computing service to another, while maintaining a minimum functionalityavoiding downtime of services, is a key condition for a more competitive market with lower entry barriers for new service providers. Facilitating a multi-cloud approach for customers of cloud computing services also contributes to increase their digital operational resilience, as recognised for financial service institutions in the Digital Operational Resilience Act (DORA). Customers should also benefit, where they chose so, from the right to terminate the contract after a maximum notice period of 30 calendar days.
Amendment 195 #
2022/0047(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) Open interoperability specifications and standards developed in accordance with paragraph 3 and 4 of Annex II of Regulation (EU) 1025/2021 in the field of interoperability and portability enable a seamless multi-vendor cloud environment, which is a key requirement for open innovation in the European data economy. As market- driven processes have not demonstrated the capacity to establish technical specifications or standards that facilitate effective cloud computing service interoperability at the PaaS (platform-as-a- service) and SaaS (software-as-a-service) levels, the Commission should be able, on the basis of this Regulation and in accordance with Regulation (EU) No 1025/2012, to request European standardisation bodies to develop such standards, particularly forfor equivalent service types where such standards do not yet exist. In addition to this, where technically feasible the Commission will encourage parties in the market to develop relevant open interoperability specifications. TFollowing consultation with stakeholders and taking into account relevant international and European standards and self-regulating initiatives, the Commission, by way of delegated acts, can mandate the use of European standards for interoperability or open interoperability specifications for specific equivalent service types through a reference in a central Union standards repository for the interoperability of data processing servicescloud computing services. Providers of cloud computing services should ensure compatibility with those standards for interoperability and interoperability specifications, taking into account the nature, security and integrity of the data they host. European standards and open interoperability specifications will only be referenced if in compliance with the criteria specified in this Regulation, which have the same meaning as the requirements in paragraphs 3 and 4 of Annex II of Regulation (EU) No 1025/2021 and the interoperability facets defined under the ISO/IEC 19941:2017.
Amendment 231 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘virtual assistants’ means software that can process demands, tasks or questions including based on audio, written input, gestures or motions, and based onto the extent that those demands, tasks or questions provides access their own and third party services or control theirits own and third party devices;products
Amendment 260 #
2022/0047(COD)
(13a) ‘cloud computing service data portability’ means the ability of the cloud service to move and suitably adapt its exportable data between the customer’s cloud services, including in different deployment models;
Amendment 264 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
Article 2 – paragraph 1 – point 13 b (new)
(13b) ‘exportable data’ means the output data directly generated by the customer’s use of the cloud computing service in an available mutually agreed format, excluding any cloud computing service provider's or third party assets or data covered by intellectual property rights, trade secrets or confidential information.
Amendment 339 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Where the data made available is to be reused for commercial or non- commercial purposes and may include bilateral or multilateral exchanges of data with non-discriminatory access for commercial or non-commercial purposes, the third party shall ensure additional pre-processing of data to pseudonymise the data and safely process the data in accordance with European and national laws.
Amendment 345 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) make the data available it receives available to another third party, in raw, aggregated or derived form, unless thisit is sole purpose of the agreement with user and facilitates the development of non-competing software or product or is necessary to provide the service requested by the user;
Amendment 407 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
An exceptional need to use data within the meaning of this Chapter shall be limited in time and scope and deemed to exist in any of the following circumstances:
Amendment 472 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days or at the end of the contract term agreed in the contractual agreement between the customer and the provider of cloud computing services, the contractual agreement of the service;
Amendment 523 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a a (new)
Article 24 – paragraph 1 – point a a (new)
(a a) obligation to complete its activities under the switching process within the period which may not exceed 6 months, provided that the customer acts in good faith. The customer shall retain the right to extend this period, if needed, prior or during the switching process;
Amendment 526 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata related to customer’s services and created by the customer and by the use of the service during the period the service was provided, including, but not limited to, where appropriate, configuration parameters, security settings, access rights and access logs to the service; excluding data that is generated during the use of the service, that is temporary and used for diagnostic or debugging purposes;
Amendment 7 #
2022/0021(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In the past years, the practices in the European standardisation organisations as regards their internal governance and decision-making procedures have changed. As a result, the European standardisation organisations have increased their co- operation with international and European stakeholders. Such cooperation is welcome as it contributes to the transparent, open, impartial and consensus-built standardisation process. HowNevertheless, when European standardisation organisations execute standardisation requests to support Union legislation and policies, unrestricted participation of any stakeholdinternal decision-making concer nin their internal decision-makingg working programmes or priorities may lead to decisions that do not entirely take into account the interests, policy objectives, and values of the Union as well as public interests in general.
Amendment 9 #
2022/0021(COD)
(5) National standardisation bodies play an essential role in the standardisation system, both, at the Union level, in accordance with Regulation (EU) No 1025/2012, and at the level of Member States. National standardisation bodies are therefore best placed to make sure that the interests, policy objectives and values of the Union as well as public interests in general are duly taken into account in European standardisation organisations. It is therefore necessary to strengthen their role in decision-making bodies of the European standardisation organisations when those bodies take decisions concerning European standards and European standardisation deliverables requested by the Commission under Article 10(1) of Regulation (EU) No 1025/2012, without affecting the important role played by the broader stakeholder base in preparing effective standards that respond to market needs.
Amendment 37 #
2021/2247(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the protests against possible minority government organised by the Democratic Front and; strongly condemns the support expressed for the Russian Federation on the day of the start of Russian aggression against Ukraine, but notes relatively small scale of these demonstrations; recalls Russia’s persistent interest in destabilising the country;
Amendment 43 #
2021/2247(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets that key positions in negotiating structures have remained vacant for a long time; urges the authorities to re-establish a fully functional negotiating structure as soon as possible and welcomes recent positive developments and appointments of new negotiators and heads of working groups for 33 chapters of the Acquis;
Amendment 50 #
2021/2247(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes Montenegro’s continued and full alignment with EU Common Foreign and Security Policy, including its announcement of support for the latest EU sanctions against Russia, and itlignment with the latest EU sanctions against Russia, including the ban on overflight of their airspace by Russian flights and access to airports, prohibition of transactions with Russia's Central Bank and suspension of broadcasting Russian state-owned media; notes Russian response and adding Montenegro to the list of "enemy states"; welcomes Montenegro's active participation in EU Common Security and Defence Policy missions and operations;
Amendment 66 #
2021/2247(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is deeply concerned by the continuing political tensions between and within the executive and legislative powers, and by the boycottcurrent blocking of organising plenary sessions of the parliament, which continues to slow down the reform process;
Amendment 79 #
2021/2247(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its strong recommendation that Montenegro shouldWelcomes the adoption on 4 February 2022 of amendments to the Law on Local Self Government, which foresees holding local elections simultaneously across the countryin all 14 municipalities at the same date;
Amendment 115 #
2021/2247(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses concern about the high degree of polarisation in the media landscape, in particular the growing volume of disinformation spreading ethno- nationalist narratives that negatively impact democratic processes in the country; is also concerned with Russian propaganda in the country, targeting especially NATO, the EU and the US;
Amendment 133 #
2021/2247(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Condemns all violent acts during the demonstrations in Cetinje linked to the inauguration of the head of the Metropolitanate of Montenegro and the Littoral of the Serbian Orthodox Church; condemns Serbian interference in this regard;
Amendment 154 #
2021/2247(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes progress on the protection and promotion of LGBTIQ rights and the first same-sex marriage in July 2021;
Amendment 181 #
2021/2247(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Montenegrin authorities to take concrete steps to build resilience and cybersecurity as it faces increasing pressure from third country interference; invites Montenegro to fully participate in and utilise NATO programmes and initiatives in this regards;
Amendment 6 #
2021/2199(INI)
Motion for a resolution
Citation 37
Citation 37
— having regard to the joint statement of the EU and the UN of 25 September4 January 201822 on reinforcing the UN-EU Strategic Partnership on Peace Operations and Crisis Management: Priorities 201922-20214,
Amendment 7 #
2021/2199(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
— having regard to the Council conclusions (5591/22) on the European security situation, as approved by the Council at its meeting held on 24 January 2022,
Amendment 9 #
2021/2199(INI)
Motion for a resolution
Citation 37 b (new)
Citation 37 b (new)
— having regard to the Helsinki Final Act of 1975 of the Organisation for Security and Cooperation in Europe (OSCE),
Amendment 11 #
2021/2199(INI)
Motion for a resolution
Citation 38
Citation 38
— having regard to the Minsk Protocol of 5 September 2014, the Minsky Memorandum of 19 September 2014, the package of measures for the implementation of the Minsk Agreements, adopted and signed in Minsk on 12 February 2015, and endorsed as a whole by the UN Security Council in Resolution 2202 (2015) of 17 February 2015,
Amendment 15 #
2021/2199(INI)
Motion for a resolution
Citation 49 a (new)
Citation 49 a (new)
— having regard to the creation of the Associated Trio that has come into being on May 17th 2021 as a platform of cooperation among the three most advanced countries of EaP (Georgia, Moldova and Ukraine),
Amendment 16 #
2021/2199(INI)
Motion for a resolution
Citation 49 b (new)
Citation 49 b (new)
— having regard to the common declaration of the Parliamentary Commissions of Foreign Affairs of the Associated Trio as well as the ones of Poland and Lithuania adopted on December 13th 2021 on strengthening the cooperation within the scope of human rights monitoring in the territories of the EaP states occupied by Russia,
Amendment 19 #
2021/2199(INI)
Motion for a resolution
Citation 50
Citation 50
— having regard to its previous resolutions on Russia, especially those related to Russia’s actions in the territories of the EaP countries, violations of the rights of the Crimean Tatars, the occupation of parts of the territory of Georgia and Ukraine and related borderisation activities, ands well as hostile propaganda and disinformation against the EU and the EaP countries,
Amendment 56 #
2021/2199(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the EU-US Security Dialogue represents an important opportunity to maximize the added value of transatlantic relations in security and defence and should dedicate ample time and resources to improving the security environment in the EaP region;
Amendment 57 #
2021/2199(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas The Three Seas Initiative (3SI) involving twelve countries on the EU’s Eastern and South flanks and some 112 million citizens co-operating to develop infrastructure, energy, transport and digital networks, is a critical development that can be expanded to include EaP countries in an effort to further strengthen ties with the EU;
Amendment 60 #
2021/2199(INI)
Motion for a resolution
Recital E
Recital E
E. whereas President Putin’s Russia has engaged in continuous hybrid warfare against EaP countries, backed by the ever- present threat of force across the region, armed aggression, illegal occupation and attempted annexation against Ukraine, to keep states politically off-balance and tied to Moscow’s self-declared sphere of influence, effectively removing the right of EaP countries to choose their own alliances in contravention of the relevant OSCE principles enshrined in the Helsinki Final Act of 1975 the Paris Charter of 1990 as well as the Istanbul (1999) and Astana (2010) documents;
Amendment 67 #
2021/2199(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in September 2021, Russia’s joint ZAPAD military exercise with Belarus and several other countries in the Russia-led Collective Security Treaty Organisation (CSTO) comprised as many as 200 000 troops training in counterinsurgency, urban warfare and cyber-attacks in a non-transparent display of force, while the upcoming joint Russia- Belarus 'Allied Resolve' military exercises, demonstrated that Russia’s gap in military capabilities is rapidly closing while its aim of deepening its political and military relations with CSTO countries is rising;
Amendment 88 #
2021/2199(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Normandy Format and Minsk I & II Agreements have failed to end hostilities between Ukraine and Russian-backed separatists in Donetsk and Luhansk; whereas theillegal armed formations in certain areas of the Donetsk and Luhansk regions of Ukraine; whereas the international armed conflict in the Donbas region has killed more than 14 000 people;
Amendment 101 #
2021/2199(INI)
Motion for a resolution
Recital I
Recital I
I. whereas Russia, against the backdrop of a crisis on the EU-Belarusian border, has amassed over 10027 000 troops on the border of Ukraine in an offensive formation while increasing its hybrid warfare tactics targeting the elected government in Kyiv, creating widespread concern about a potential second invasion of Ukraine;
Amendment 119 #
2021/2199(INI)
Motion for a resolution
Recital J
Recital J
J. whereas following the electoral unrest, Belarus has largely abandoned its aim of fostering better relations with the EU, having reversed trends towards democratisation and taken to weaponising refugeemigrants in an attempt to uproot domestic aspirations towards liberalisation and destabilise EU Member States;
Amendment 124 #
2021/2199(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas Member States, Ukraine and other international partners established the International Crimea Platform – a consultation and coordination format aimed at increasing the effectiveness of the international response to the ongoing illegal occupation of Crimea, Ukraine, reaffirming the non- recognition of its annexation and achieving de-occupation of Crimea and its peaceful return under Ukraine’s control;
Amendment 153 #
2021/2199(INI)
Motion for a resolution
Recital O
Recital O
O. whereas hybrid threats in the years to come will see the systematic combination of information warfare, agile force manoeuvre, mass cyber warfare and emerging and disruptive technologies from sea-bed to space with both advanced air- breathing and space–based surveillance and strike systems deployed, all of which will be enabled by advanced artificial intelligence (AI), quantum computing, increasingly ‘intelligent’ drone swarm technologies, offensive cyber capabilities, hypersonic missile systems, and Nano- tech and bio-warfare;;
Amendment 156 #
2021/2199(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. whereas if CSDP missions are to achieve mission objectives, they must begin advisory and training in coping with emerging and disruptive technologies that are rapidly entering the ‘frozen conflict’ environment;
Amendment 158 #
2021/2199(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the EU’s Civilian Planning and Conduct Capability (CPCC) will havehas to consider how to protect a deployed EU force-led missions against such increasing threats;
Amendment 160 #
2021/2199(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas CSDP missions in EaP countries must remain in place as long as they are deemed necessary by recipient countries and Member States to ensure the accomplishment of mission objectives;
Amendment 170 #
2021/2199(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the CSDP will also require close coordination with NATO’s defence and deterrence posture and the Open Door Policy in addition to close EU-NATO coordination being needed to ensure coherence between the EU’s Strategic Compass and the next NATO Strategic Concept;
Amendment 173 #
2021/2199(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
T a. whereas the mission has a further five priorities: national and state security, organised and cross-border crime, criminal justice, community safety and police management, and digital transformation and innovation;
Amendment 174 #
2021/2199(INI)
Motion for a resolution
Recital t b (new)
Recital t b (new)
T b. whereas EUAM is conducting its activities in partnership with the National Security Council and the Foreign Intelligence Service of Ukraine;
Amendment 175 #
2021/2199(INI)
Motion for a resolution
Recital T c (new)
Recital T c (new)
T c. whereas EUAM works with Ukraine’s court system via its prosecutors to ensure independence and efficiency of the prosecution via digitisation, e-case management and human resources management with a key emphasis on attestation to ensure prosecutors prove the existence of claims via evidence;
Amendment 176 #
2021/2199(INI)
Motion for a resolution
Recital T d (new)
Recital T d (new)
T d. whereas EUAM collaborates with Europol’s Serious and Organised Crime Threat Assessment (SOCTA) in assisting Ukrainian authorities in capacity building measures and integrated border management to support its criminal investigation capabilities and counter organised crime;
Amendment 177 #
2021/2199(INI)
Motion for a resolution
Recital T e (new)
Recital T e (new)
T e. whereas EUAM trains and equips Ukrainian police forces via its regional field offices and collaboration with neighbouring provinces to ensure the integrity of local law enforcement and safety of local communities;
Amendment 178 #
2021/2199(INI)
Motion for a resolution
Recital T f (new)
Recital T f (new)
T f. whereas EUAM concentrates its police training initiatives via the provision of strategic advice and a ‘Community Safety Dialogue’ and trains local police in key areas such as: defensive driving, interview techniques, gender mainstreaming, de-escalation techniques and digitisation;
Amendment 179 #
2021/2199(INI)
Motion for a resolution
Recital U
Recital U
U. whereas the EUAM’s work in assisting the reform of the Security Service of Ukraine (SSU), including under draft bill 3196, remains its highest priority and it must concentrate its efforts on implementingsupport to the implementation of the reform to ensure the SSU relephases any extrinsic functionsout pre-trial investigative powers, demilitarises the service, has a clear division of competences with other security agencies, effective oversight and fewer pre-trial and detention powers, and that it downsizes itself in accordance with democratic developments, and that it downsizes itself;
Amendment 180 #
2021/2199(INI)
Motion for a resolution
Recital U a (new)
Recital U a (new)
U a. whereas if properly implemented, Bill 3196 sets the SSU to concentrate its efforts on counterintelligence, counteraction to threats to state security, counterterrorism, cyber security, protection of national statehood and territorial integrity and protection of state secrets;
Amendment 181 #
2021/2199(INI)
Motion for a resolution
Recital U b (new)
Recital U b (new)
U b. whereas the necessary reforms to ensure democratic development call for the SSU to undergo: a clear separation of functions, removal from the investigation of economic and corruption crimes (except in exceptional cases when authorised by the Attorney General), political independence, demilitarisation and further optimisation, greater transparency and accountability and added focus on the protection of critical infrastructure;
Amendment 182 #
2021/2199(INI)
Motion for a resolution
Recital U c (new)
Recital U c (new)
U c. whereas the EUAM’s assistance in establishing the Bureau of Economic Security (BES), targeting financial crime throughout Ukraine is a key reform effort in Ukraine’s investigation and law enforcement on economic crime;
Amendment 184 #
2021/2199(INI)
Motion for a resolution
Recital U e (new)
Recital U e (new)
U e. whereas BES is set to inherit pre- trial investigative powers from SSU in the sphere of economic security and must support Ukraine’s efforts to resist pressure from law-enforcement institutions while effectively transferring the powers currently held by the Tax Militia;
Amendment 185 #
2021/2199(INI)
Motion for a resolution
Recital V
Recital V
V. whereas in 2020, the EUAM established its fourth field office in Mariupol, close to the lineto support the implementation of coentact, torally-led reforms at regional and local levels such as the training and adviseing of local law enforcement, reflecting the growing role of the EUAM in strengthening Ukraine’s resilience across the country and the desire of various oblasts to assist in their alignment with CSDP objectives;
Amendment 189 #
2021/2199(INI)
Motion for a resolution
Recital W
Recital W
W. whereas in its 13 years of existence, the European Union Monitoring Mission in Georgia (EUMM) has represented the strong political commitment of the EU in the region by providing stability and security to conflict-affected communitiescontributing to confidence building and providing stability on the ground and in the wider region;
Amendment 191 #
2021/2199(INI)
Motion for a resolution
Recital X
Recital X
X. whereas the EUMM currently hosts 325 Mission members, including over 200 civilian monitors with an allocated budget of EUR 44.8 million and a mandate up for renewal in December 2022;
Amendment 194 #
2021/2199(INI)
Motion for a resolution
Recital Y
Recital Y
Y. whereas the original mandate from 2008 remains unchanged as regards monitoring the implementation of the six- point agreement, which calls for: no recourse to use violence, cessation of hostilities, granting access to humanitarian aid, return of Georgian armed forces to their usual quarters, withdrawal of Russian armed forces to pre-hostility positions and the opening of international discussion on security and stability of South Ossetia and Abkhazia;
Amendment 196 #
2021/2199(INI)
Z. whereas Russia does not comply with the sSix-point aAgreement as it maintains a presence of armed forces and Federal Security Service (FSB) agents in the Abkhazia and Tskhinvali regions, who prevent the EUMM from entering the territories that are beyond the control of the Government of Georgia, a critical obstruction to the accomplishment of mission objectivesand Russian Federation Border Guards in the breakaway regions of Abkhazia and South Ossetia;
Amendment 197 #
2021/2199(INI)
Motion for a resolution
Recital Z a (new)
Recital Z a (new)
Z a. whereas the EUMM continues to be denied physical access to the breakaway regions despite its mandate being valid throughout all of Georgia, a critical obstruction to the accomplishment of mission objectives;
Amendment 199 #
2021/2199(INI)
Motion for a resolution
Recital AA
Recital AA
AA. whereas flagrant violations of the sSix-point aAgreement and ceasefire by occupying forces arethe Russian Federation continues and is often met with limited responses or calls to action by Member States, or no response at all, which risks emboldening the occupying forcesRussian Federation to carry out more such actions;
Amendment 201 #
2021/2199(INI)
Motion for a resolution
Recital AA a (new)
Recital AA a (new)
AA a. whereas the mandate allows focusing on hybrid threats, human rights, radicalization, terrorism, minorities, and environmental aspects of security;
Amendment 202 #
2021/2199(INI)
Motion for a resolution
Recital AA b (new)
Recital AA b (new)
AA b. whereas EUMM is not a typical civilian mission due to its mandate and focus on monitoring activities, civilian competency building and leads confidence-building activities via small grants and targeted projects between the two sides;
Amendment 203 #
2021/2199(INI)
Motion for a resolution
Recital AA c (new)
Recital AA c (new)
AA c. whereas EUMM has created an Advisory Committee on Hybrid Warfare and participates in Joint Training Courses for Open Source Intelligence (OSINT) analysis;
Amendment 204 #
2021/2199(INI)
Motion for a resolution
Recital AA d (new)
Recital AA d (new)
AA d. whereas EUMM has regular contacts with the NATO Liaison Office and the team that implements the Substantial NATO-Georgia Package;
Amendment 205 #
2021/2199(INI)
Motion for a resolution
Recital AA e (new)
Recital AA e (new)
Amendment 207 #
2021/2199(INI)
Motion for a resolution
Recital AB
Recital AB
AB. whereas the EUMM has a constant need to adapt its technical capabilities to address the growing threat of hybrid warfareexpand its analytical focus and capabilities to address the persistent hybrid threats;
Amendment 211 #
2021/2199(INI)
Motion for a resolution
Recital AD
Recital AD
AD. whereas the EUMM has created a newbeen managing the “Hotline”, a confidence- building mechanism – a ‘hotline’ – which is the onlywhich serves as a channel of communication between the Government of Georgia and the de facto authorities in Abkhazia and South Ossetia, including Russia’s FSBn Federation border guards deployed in both territorieregions; whereas this hHotline was activated 3 0over 2100 times in 20201;
Amendment 213 #
2021/2199(INI)
Motion for a resolution
Recital AE
Recital AE
Amendment 215 #
2021/2199(INI)
Motion for a resolution
Recital AF
Recital AF
AF. whereas the EUMM’s role in securingfacilitating effective exchanges of information, for example in connection with medical crossings or the release of persons detained border guards, as well as its efforts to assist sick people from the territories in getting treatment in Georgiaat the Administrative Boundary Lines (ABLs), as well as in co- facilitating in-person discussions at the Incident Prevention and Response Mechanism (IPRM) meetings in Ergneti, adds tremendous value to the important role the EUMM plays in both conflict management and confidence building;
Amendment 218 #
2021/2199(INI)
Motion for a resolution
Recital AF a (new)
Recital AF a (new)
AF a. whereas Georgia is one of the biggest contributors per capita to CSDP missions in Africa;
Amendment 221 #
2021/2199(INI)
Motion for a resolution
Recital AG a (new)
Recital AG a (new)
AG a. whereas EUBAM is designed to bolster border and customs capabilities of Moldova and Ukraine and is tasked with: combating customs fraud, drug smuggling, irregular migration and trafficking in human beings, supporting trade facilitation, integrated border management and assisting a peaceful settlement of the Transnistrian conflict through the ‘5+2’ process;
Amendment 222 #
2021/2199(INI)
Motion for a resolution
Recital AG b (new)
Recital AG b (new)
AG b. whereas EUBAM assists Moldova and Ukraine to fulfil the obligations of the Deep and Comprehensive Free Trade Area (DCFTA) as part of their Association Agreements with the EU;
Amendment 223 #
2021/2199(INI)
Motion for a resolution
Recital AG c (new)
Recital AG c (new)
AG c. whereas tobacco smuggling, including counterfeit products, is presently assessed as one of the most serious risks to border security at the Moldova-Ukraine border, causing an estimated loss of €10 billion per year to the state budgets of Moldova, Ukraine and Member States;
Amendment 224 #
2021/2199(INI)
Motion for a resolution
Recital AG d (new)
Recital AG d (new)
AG d. whereas EUBAM Task Force Drugs seeks to engage Mission’s partner services with other drug enforcement authorities in the region and to establish an intelligence-led approach in fighting drug smuggling;
Amendment 225 #
2021/2199(INI)
Motion for a resolution
Recital AG e (new)
Recital AG e (new)
AG e. whereas EUBAM is assisting the border services of Moldova and Ukraine in the development of general common indicators used for the identification of victims of trafficking, the enhancement of risk analysis and selectivity during border checks, advising in the development of new relevant working methodologies and data collection methods;
Amendment 226 #
2021/2199(INI)
Motion for a resolution
Recital AG f (new)
Recital AG f (new)
AG f. whereas EUBAM has been a consistent advocate for the re-opening of the international transport corridors that cross Transnistria and develops and advocates for technical confidence- building measures between Chisinau and Tiraspol on transport, customs, veterinary and phytosanitary, and law enforcement issues;
Amendment 227 #
2021/2199(INI)
Motion for a resolution
Recital AG g (new)
Recital AG g (new)
AG g. whereas despite Transnistria serving as a safe haven for human smugglers and organized crime, EUBAM played an important role in helping to re- open rail freight through Transnistria that had been suspended for six years and in 2020 aided in launching a direct dialogue between Tiraspol and Chisinau;
Amendment 229 #
2021/2199(INI)
Motion for a resolution
Recital AG i (new)
Recital AG i (new)
AG i. whereas EUBAM collaborates with multiple international organisations including Europol, FRONTEX and OSCE via its Arms Working Group, ORIO II Joint Operations and ‘EU 4 Border Security’ initiatives;
Amendment 230 #
2021/2199(INI)
Motion for a resolution
Recital AH a (new)
Recital AH a (new)
Amendment 235 #
2021/2199(INI)
Motion for a resolution
Recital AK a (new)
Recital AK a (new)
AK a. whereas the Defence Reform Advisory Board, comprised of high-level experts from the United States, United Kingdom, Canada, Poland, Germany and Lithuania, is the highest-level international advisory body in Ukraine, reporting directly to the Ukrainian Minister of Defence and Chief of the General Staff;
Amendment 238 #
2021/2199(INI)
Motion for a resolution
Recital AK b (new)
Recital AK b (new)
AK b. whereas the role of China in competing in the region for political, social and economic influence is growing in EaP countries where Chinese investment combines cheap loans that drive up debt-GDP ratios with the projected outcome being a default in EaP countries, leading to aggressive recompense, often in the form of ownership of strategic infrastructure and policy alignment;
Amendment 240 #
2021/2199(INI)
Motion for a resolution
Recital AK c (new)
Recital AK c (new)
AK c. whereas the influence of third countries in EaP countries, notably Iran, is largely concentrated in the South Caucasus where its longstanding cultural, religious, political and economic influence continues to grow, which risks undermining the security and stability of some EaP countries due to assassination attempts linked to Iranian IRGC operatives in Georgia and Azerbaijan, creating further concern for the EU’s efforts to promote security, stability and good neighbourliness among EaP countries;
Amendment 245 #
2021/2199(INI)
Motion for a resolution
Recital AL a (new)
Recital AL a (new)
AL a. whereas Nord Stream II represents an important tool for Russia to increase its political and economic leverage over Member States and EaP countries, likely to lead to further subversion and aggression towards EU’s EaP and CSDP policies;
Amendment 246 #
2021/2199(INI)
Motion for a resolution
Recital AL b (new)
Recital AL b (new)
AL b. whereas there is a high biofuel potential in EaP countries which can better utilize domestic biofuel resources such as ethanol, silage and others as a means to reduce energy dependency;
Amendment 247 #
2021/2199(INI)
Motion for a resolution
Recital AL c (new)
Recital AL c (new)
AL c. whereas the threats posed to the EU’s East not only concern friction with Russia but also terrorism, organised crime, human trafficking, corruption, mass irregular migration, and a host of other threats to the cohesion of societies both within and outside the EU;
Amendment 264 #
2021/2199(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the decision of the European Council of 2 December 2021 to utilise the European Peace Facility (EPF) in providing Ukraine with a package of EUR 31 million, Georgia with a package of EUR 12.75 million and Moldova with a package of EUR 7 million to assist in strengthening their resilience and defence capabilities, particularly cybersecurity, medical, engineering, mobile and logistics capabilities; encourages further utilisation of the EPF to increase the ability of EaP countries, particularly those hosting CSDP missions, in further addressing their security needs in key areas such as the equipment necessary to exchange intelligence via secure communication lines, particularly those EaP countries hosting CSDP mission and technical tools needed to counter hybrid threats;
Amendment 277 #
2021/2199(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Reaffirms its unwavering support to the EaP countries, and in particular for their independence, sovereignty and territorial integrity within their internationally recognised borders;
Amendment 280 #
2021/2199(INI)
Motion for a resolution
Recital AL d (new)
Recital AL d (new)
AL d. whereas CSDP’s access to both planning, resources and logistics gives it the potential to become the primary enabler of civilian crisis management during emergencies and should be used as a practice hub of societal resilience and recovery in the face of both man-made and natural disasters;
Amendment 292 #
2021/2199(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers involving some EaP partners in the early stage of CSDP mission/operations planning, especially those missions/operations that the EaP partners host or will be hosting;
Amendment 294 #
2021/2199(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Encourages Member States to extend participation of EaP countries to the European Centre of Excellence for Countering Hybrid Threats (Hybrid COE);
Amendment 315 #
2021/2199(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the CPCCivilian Planning and Conduct Capability (CPCC), Military Planning and Conduct Capability (MPCC), EU Military Committee (EUMC) and EU military staff (EUMS) to develop a model for generating and sharing best practices with regard to campaign or mission planning concepts, at the earliest possible stage, with partners vital to campaign success;
Amendment 320 #
2021/2199(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the CPCC and the EU Military Planning and Conduct Capability (MPCC) to emphasise the importance of professional civil-military education for all staff in CSDP missions through mechanisms such as the Professional Development Program (PDP);
Amendment 322 #
2021/2199(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Welcomes the roll out of Military Advisors to EU Missions and Delegations and encourages efforts to further strengthen security and defence expertise inside EU Delegations;
Amendment 347 #
2021/2199(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Invites Member States to reinforce cooperation with NATO, also through the upcoming EU-NATO joint declaJoint Declaration on EU-NATO cooperation, in supporting the defence and security capacity of our neighboubuilding of our partners toin the eEastern neighbourhood;
Amendment 358 #
2021/2199(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Encourages Member States to ensure that the digital transition undertaken in EaP countries is safeguarded from malign activities and thus encourages further utilization of the EU’s existing flagship cyber capacity- building initiatives in the region – CyberEast and EU4Digitalto include the establishment of legal and administrative structures to certify software and hardware, coordinate national CERT teams and cyber forensic and investigative bodies across Europe;
Amendment 375 #
2021/2199(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Encourages Member States to use the third-country PESCO agreement over military mobility as a template for EaP country participation, with an emphasis onPESCO participating Member States to tailoring PESCO projects to the needs of EU CSDP missions and onperations, e.g. developing highly encrypted secure civilian communication systems, and in accordance with the general conditions for third-State participation in PESCO projects, to consider inviting EaP countries that meet these general conditions;
Amendment 387 #
2021/2199(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission, the EEAS and particularly the CPCC to ensure that the EUAM maintains as its priority the reform of Ukraine’s national security servicethe Security Service of Ukraine and to extend the scope of the cooperation with the SSU on cybersecurity, countering terrorism and hybrid threats;
Amendment 394 #
2021/2199(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Encourages Member States to extend EUAM cooperation to all anti- corruption structures involved in the reform of the Civilian Security Sector and to include, either in the form of training and instruction or on the basis of sharing best practices and jointly setting future priorities, both Ukraine’s National Agency on Corruption Prevention (NAZK) and its Highthe anti-corruption apparatus of the Ukrainian state, NAPC, and the Supreme Anti- Corruption Court;
Amendment 397 #
2021/2199(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Encourages Member states to recommend the inclusion in ongoing training courses for representatives of the Ukrainian services and administration, the studies of corruption cases and analyses of the reasons for the failure of investigations and the failure to enforce accountability for the perpetrators in order to assist personnel in anti- corruption roles to avoid repeating past mistakes;
Amendment 399 #
2021/2199(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Encourages Member States to expand their support to the EUAM’s digitalisation efforts related to the reform of Ukraine’s Civilian Security Sector via training and the provision of technologies that support data registry, human resource management and court filing procedures to assist in transparency, community trust building and countering corruption;
Amendment 401 #
2021/2199(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Encourages Member States to expand their support to EUAM digitisation efforts via trainings and provision of technologies that support data registry, human resource management and court filing procedures to assist in transparency, community trust building and countering corruption;
Amendment 408 #
2021/2199(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on the Commission, the EEAS and the CPCC to ensure EUAM maintains prioritization on the reform of Ukraine’s National Security Service (SSU) to ensure greater oversight, less pre-trial investigative powers and detention centres, downsizing and demilitarisation of the SSU with a quarterly assessment on implementation once Bill 3196 is passed in the Verkhovna Rada;
Amendment 412 #
2021/2199(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Encourages Member States to implement more efficient intelligence sharing capabilities within and between CSDP missions and to give particular emphasis to enhanced collaboration and secondment of personnel from Europol and Interpol to CSDP mission headquarters to facilitate seamless intelligence sharing;
Amendment 413 #
2021/2199(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Implores Member States to advocate for EUMM physical access to the breakaway regions of Abkhazia and South Ossetia and strengthen their public reactions to provocations against the EUMM, especially detentions of EUMM border guards and ceasefire violations;
Amendment 423 #
2021/2199(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
Amendment 439 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on the Commission to establish a structural dialogue with the Associated Trio (A3) countries of EaP;
Amendment 440 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Declares the will of the European Parliament Committees on Foreign Affairs and its Subcommittee on Human Rights to participate in the A3’s and willing EU Member States’ parliamentary activity on monitoring the situation in the territories of the A3 illegally occupied by Russia (Abkhazia, South Ossetia, Transnistria, Crimea and Donbas);
Amendment 442 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Calls on the EEAS, MPCC, CPCC and CSDP HQ’s to foster a new culture of understanding between civilian and military partners based on enhanced institutional relationships and shared awareness and assessment in an effort to develop a comprehensive planning framework and culture;
Amendment 445 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 d (new)
Paragraph 25 d (new)
25 d. Encourages Member States to further strengthen military resilience of Ukraine through provision of defence weapons to Ukraine, including anti-ship, anti-aircraft and anti-tank weapons;
Amendment 1 #
2021/2040(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Toy Safety Directive (TSD) was adopted in 2009 to ensure a high level of health and safety for children and guaranteimprove the functioning of the internal market for toys, and in particular to facilitate the exchange of goods between Member States by removing barriers to trade;
Amendment 16 #
2021/2040(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the rules and requirements for toys remain, in many cases, stricter than the rules for other products used by children on a daily basis;
Amendment 24 #
2021/2040(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recognises that the implementation of and preparation for the proper application of the TSD was a laborious process extending over many years and requiring significant financial investment by European toy manufacturers; stresses the importance of legal stability for the stable development of domestic businesses, especially small and medium-sized family enterprises;
Amendment 31 #
2021/2040(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that despite the implementation of the directive’s ambitious provisions, the internal market and consumers still face a significant number of dangerous toys; believes that the key to improving child protection is better enforcement of the current rules, in particular through market surveillance and a tightening of borders by the customs services;
Amendment 32 #
2021/2040(INI)
5. Recognises the flexibility and durability of the TSD, given that in the period 2012- 2019, the Directive has been it was amended 14 times to adapt to the new scientific evidence pointing out previously unknown risks for children, especially in the area of chemicals; is concerned, however, that problems remain that cannot be solved through implementing aattempts to solve some of the problems by means of implementing acts may have limited effects;
Amendment 63 #
2021/2040(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned that the stricter provisions for chemicals in toys intended for children aged under 36 months do not take into account the fact that older children remain vulnerable to dangerous substances; notes that this distinction can result in manufacturers circumventing the provisions by indicating that the toy is intended for children above 36 months even when it is clearly not the case; stresses that several stakeholders and Member States have indicated that this distinction is clearly inadequate and asked for it to be eliminated; calls on the Commission, therefore, to do so in its revision of the TSD and after analysing the margin of safety for the level of chemicals, to decide whether this distinction needs to be abolished; is of the opinion that when a given chemical is deemed to be dangerous for children, its use should be restricted in all children’s products;
Amendment 71 #
2021/2040(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that effective market surveillance by the relevant services is essential for the application of the provisions of the TSD to be effective and to ensure that consumers in the internal market can choose only safe and compliant products which guarantee a high level of protection for children; urges the Member States, together with the Commission, to work continuously to improve the organisation and effectiveness of the relevant public authorities, including by allocating sufficient funding;
Amendment 73 #
2021/2040(INI)
12. Notes that the TSD contains an obligation for Member States to perform market surveillance under the precautionary principle, test toys on the market and verify manufacturers’ documentation with a view to withdrawing unsafe toys and taking action against those responsible for placing them on the market; is concerned that the effectiveness of market surveillance under the TSD is limited, put, which is key to protecting the health and safety of children at risk and, is limited, undermining the level playing field forcompetitiveness of economic operators that comply with the legislation, to the benefit of rogue traders, who do not apply European rules and operate mainly outside the common market;
Amendment 83 #
2021/2040(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and calls on the Member States to implement it fully and as quickly as possible;
Amendment 85 #
2021/2040(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to assess the Member States’ implementation and application of Regulation (EU) 2019/1020 as a matter of urgency, taking particular account of national market protection strategies and obligations under Article 25; calls on the Commission to provide active support to Member States in the enforcement and assessment of national market protection strategies;
Amendment 89 #
2021/2040(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to explore possibilities for using new technologies, including conducting pilot programmes to research the toy market in Europe, such as blockchain and artificial intelligence to facilitate the work of market surveillance authorities by providing easily accessible and structured information on products and their traceability;
Amendment 94 #
2021/2040(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. WDraws attention to the limited funding and human resources, which in recent years has reduced the effectiveness and reach of many market surveillance authorities; in this connection, welcomes the adoption of the Single Market Programme and the introduction of a specific objective and dedicated resources for market surveillance, which will contribute to ensuring that only safe and compliant toys enter the EU market;
Amendment 97 #
2021/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to step up coordination of their market surveillance activities and actively share experiences, including on the methods and technologies used in customs controls to effectively stop the import of unsafe toys; stresses that maintaining a constant level of effective controls throughout the Union on toys coming from outside the internal market remains essential in order to ensure that they comply with European legal requirements;
Amendment 110 #
2021/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned by the new vulnerabilities and risks posed by connected toys; calls on the Commission to explore different optionsNotes that some of today’s connected toys have limited safeguards or a complete lack of safeguards against cyber threats; calls on toy manufacturers, where appropriate, to take cybersecurity into account in toy design and manufacture; calls on the Commission to assess, based on an approach which takes into account risk and the proportionality principle, the need for action, such as extending the scope of the TSD to include provisions on information security or reinforcing the relevant horizontal legislation, such as the Radio Equipment Directive and the Cybersecurity Act, as well as the GDPR, while keeping Parliament informed of its choices;
Amendment 121 #
2021/2040(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that the development of e-commerce poses challenges for market surveillance authorities in ensuring the compliance of products sold online; notes that many products bought online fail to conform to EU safety requirements and is concerned byat the high number ofuse of online sales platforms by rogue sellers or manufacturers to sell dangerous toys sold online;
Amendment 123 #
2021/2040(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recognises the positive role of e- commerce, including the role of online marketplaces, which have enabled the development of European toy manufacturers; stresses, in this context, the growth in these businesses’ activities both inside and outside the European Union;
Amendment 131 #
2021/2040(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that online marketplaces should take additional steps, in keeping with their role in the supply chain, to ensure the safety and compliance of toys sold on their platforms; insists in the strongest termwelcomes the voluntary commitments by online marketplaces to ensure product safety, such as the Product Safety Pledge, which served as an inspiration for the provisions proposed in the revision of the General Product Safety Directive; insists, in this sense, that it is fundamental to ensure consistency between different instruments such as the Digital Services Act and the future legislative act revising the GPSD when it comes to the responsibilityobligations of online marketplaces, under and the proper application of the principle ‘what is illegal offline is illegal online’;
Amendment 140 #
2021/2040(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights the added value of the ‘know your business customer’ principle to increase compliance and traceability of toys sold online; regrets that the product safety pledge has shown limited effects so far; callwelcomes, therefore, for increased responsibilities for online marketplaces to detect and remove unsafe and non- complithe new provisions in the Digital Services Act, complemented by solutions allowing for the notification of illegal toys by consumers antd toys from their platforms and preventrusted flaggers and the obligations arising from their reappearancevision of the GPSD;
Amendment 147 #
2021/2040(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it essential to provideassess the need for a broader scope for amendments in the future revision, including mechanical and physical requirements in particular for children under 36 months, limit values for nitrosamines, labelling provisions for allergenic fragrances and CMRs;
Amendment 157 #
2021/2040(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 111 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 41 a (new)
Article 2 – paragraph 1 – point 41 a (new)
(41 a) ‘protected customer’ means protected customer as defined in point (5) of Article 2 of Regulation (EU) 2017/1938 of the European Parliament and of the Council;
Amendment 115 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 71
Article 2 – paragraph 1 – point 71
(71) ‘active customer’ means a final natural gas customer, or a group of jointly acting final natural gas or hydrogen customers, who consumes or stores renewable gas, or hydrogen, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable gas or hydrogen using the natural gas or hydrogen system, or participates in energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;
Amendment 117 #
2021/0425(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure the protection of energy poor and vulnerable household customers pursuant to Articles 25 by social policy or by other means than public interventions in the price setting for the supply of gases.
Amendment 119 #
2021/0425(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable househol, protected customers. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.
Amendment 121 #
2021/0425(COD)
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 a. When faced with crisis or other unprecedented circumstances leading to sudden price increase and destabilisation of the energy market, the subjects of intervention could be expanded beyond the protected customers in order to avoid significant, adverse impact on society and economy.
Amendment 126 #
2021/0425(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that all final customers are entitled to have gases provided by a supplier, subject to the supplier's agreement, regardless of the Member State in which the supplier is registered, provided that the supplier is awarded by national regulatory authority where the gas is supplied with required authorisation in line with Article 7(2) and follows the applicable trading and balancing rules. In that regard, Member States shall take all measures necessary to ensure that administrative procedures do not discriminate against suppliers already registered in another Member State.
Amendment 130 #
2021/0425(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
Conditions shall be fair and well known in advance. In any case, the information shall be provided in consumer friendly and unambiguous language, prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information referred to points (a) to (f) shall also be provided prior to the conclusion of the contract.
Amendment 143 #
2021/0425(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Customers shall have the right to switch gases suppliers or market participants. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. By 20268 at the latest, the technical process of switching supplier or market participant shall take no longer than 724 hours and shall be possible on any working day.
Amendment 146 #
2021/0425(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4 a. Where customers are obliged to switch gases as a result of other Union policies and as a consequence will be disproportionately affected, where applicable, the Member State shall conduct distributional impact assessment of the planned fuel switch, as well as to put in place plans and measures to mitigate and resolve inequities resulting from policies that decarbonise the energy system. The Commission shall assist Member States and provide resources facilitating implementation of these plans and measures.
Amendment 157 #
2021/0425(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) entitled to sell self-produced renewable natural gases or hydrogen using the natural gas or hydrogen system,
Amendment 158 #
2021/0425(COD)
Proposal for a directive
Article 13 – paragraph 2 – point f
Article 13 – paragraph 2 – point f
(f) are financially responsible for the imbalances they cause in the natural gas or hydrogen system or shall delegate their balancing responsibility in accordance with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx].
Amendment 159 #
2021/0425(COD)
Proposal for a directive
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. Member States shall ensure that active customers that own facilities that store renewable gas or hydrogen:
Amendment 160 #
2021/0425(COD)
Proposal for a directive
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) where it does not lead to the destabilisation of a system, have the right to a grid connection within a reasonable time after they made a request to that effect, provided that all necessary conditions, such as balancing responsibility, are fulfilled;
Amendment 161 #
2021/0425(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) are not subject to any double charges, including network charges, for stored renewable gas or hydrogen remaining within their premises;
Amendment 163 #
2021/0425(COD)
Proposal for a directive
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) citizen energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to grid connection, registration and licensing, and to transparent, non-discriminatory and cost-reflective network charges, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the natural gas or hydrogen system.
Amendment 165 #
2021/0425(COD)
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) are able to access all natural gas or hydrogen markets in a non-discriminatory manner;
Amendment 166 #
2021/0425(COD)
Proposal for a directive
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) are financially responsible for the imbalances they cause in the natural gas or hydrogen system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx];
Amendment 167 #
2021/0425(COD)
(e) are entitled to arrange within the citizen energy community the sharing of renewable gas or hydrogen that are 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.
Amendment 169 #
2021/0425(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure the deployment of smart metering systems that can accurately measure consumption, provide information on actual time of use, and are capable to transmit and receive data for information, monitoring and control purposes, using a form of electronic communication. Such deployment may be subject to a cost-benefit assessment.
Amendment 170 #
2021/0425(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where final natural gas customers do not have smart meters, Member States shall ensure that, in so far as it is technically possible, financially feasible, and proportionate to the potential energy savings, final customers are provided with individual conventional meters that accurately measure their actual consumption.
Amendment 176 #
2021/0425(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States shall take appropriate measures such as foreseen in Article 4 (3), (3a), to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty and include customers such as the protected consumers. Measures to protect vulnerable consumers may include, inter alia, to the prohibition of disconnection to such customers in critical times.
Amendment 177 #
2021/0425(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
In particular, Member States shall take appropriate measures to address energy poverty where identified pursuant to point (d) of Article 3(3) of Regulation (EU) 2018/1999, including in the broader context of poverty and to protect final customers in remote areas who are connected to the natural gas or hydrogen systems. Among others, Member States may appoint a supplier of last resort for household customers, and, where Member States deem it to be appropriate, small enterprises considered to be vulnerable customers connected to the gas system.. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms.
Amendment 181 #
2021/0425(COD)
Proposal for a directive
Article 25 a (new)
Article 25 a (new)
Article 25 a Energy poverty When assessing the number of customers in energy poverty pursuant to point (d) of Article 3(3) of Regulation (EU) 2018/1999, Member States shall establish and publish a set of criteria, which may include low income, high expenditure of disposable income on energy and poor energy efficiency.
Amendment 182 #
2021/0425(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution system, and LNG facilities based on published tariffs, applicable to all customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by a regulatory authority referred to in Article 70 and that those tariffs — and the methodologies, where only methodologies are approved — are published prior to their entry into force. Tariff discounts can be granted only if so provided by Union legislationaw or exceptionally where duly justified by the Member State and necessary to combat energy poverty among protected consumers.
Amendment 183 #
2021/0425(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The provisions of this Directive shall not prevent the conclusion of long- term contracts for renewable and low carbon gases in so far as they comply with Union competition rules and contribute to decarbonisation. No long-term contracts for supply of unabated fossil gas shall be concluded with a duration beyond the end of year 2049 .
Amendment 185 #
2021/0425(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Natural gas and hydrogen undertakings may refuse access or connection to the natural gas or hydrogen system on the basis of lack of capacity or if it could interrupt fulfilment of the public interest objectives such as security, quality and affordable cost of the supply proposed to final consumers. Duly substantiated reasons shall be given for any such a refusal.
Amendment 186 #
2021/0425(COD)
Proposal for a directive
Article 48 – paragraph 2 a (new)
Article 48 – paragraph 2 a (new)
2 a. Member States may allow regulatory authorities to grant a derogation from Article 31 for hydrogen networks which transport hydrogen from one entry point to a limited number of exit points within a geographically confined, industrial or commercial areas. 2 b. The derogations under paragraph 2a shall apply at least until 31December 2030 and the rules for negotiated third party access from Article 31paragraphs 4 and 5 shall be applied accordingly.
Amendment 83 #
2021/0420(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 91 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point z
Article 3 – paragraph 1 – point z
(z) ‘maritime port’ means an area of land and water made up of such infrastructure and equipment so as to permit, principally, the reception of waterborne vessels, their loading and unloading, the storage of goods, the receipt and delivery or further transmission of those goods and the embarkation and disembarkation of passengers, crew and other persons and any other infrastructure necessary for transport operators within the port area;
Amendment 96 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The environmental assessment of plans and projects shall be carried out in accordance with Council Directive 92/43/EEC49 , Directives 2000/60/EC50 , 2001/42/EC51 , 2002/49/EC52 , 2009/147/EC53 and 2011/92/EU of the European Parliament and of the Council54 . For the projects of common interest for which the environmental assessment has not yet been carried out at the date of entry into force of this Regulation, it should also include the assessment of the compliance with the “do no significant harm” principle. __________________ 49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 50 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 51 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30). 52 Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189 18.7.2002, p. 12). 53 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, O. 7). 54 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
Amendment 98 #
2021/0420(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Commission may requirecommend Member States by means of an implementing act to establish a single entity for the construction and management of cross-border infrastructure projects of common interest. The relevant European Coordinator shall have the status of observer in the management or supervisory board or in both of that single entity.
Amendment 102 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shall ensure that the railway infrastructure of the extended core network, including connections referred to in Article 14(1), point (d), by 31 December 20405:
Amendment 104 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 2
Article 16 – paragraph 2 – point c – paragraph 2
When constructing or upgrading a passenger line of the extended core network or sections thereof, Member States shall perform a study to analyse the feasibility and economic, where applicable and economically feasible, perform a study to analyse relevance of higher speeds, and build or upgrade the line to such higher speed where its feasibility and economic relevance are demonstrated.
Amendment 106 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall ensure that on the railway infrastructure of the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), by 31 December 20405:
Amendment 108 #
2021/0420(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 109 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
In the promotion of projects of common interest related to railway infrastructure, and where relevant, in addition to the general priorities set out in Articles 12 and 13, attention shall be given to the following:
Amendment 114 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point k a (new)
Article 24 – paragraph 3 – point k a (new)
(k a) dual use infrastructure utilised for activities such as military mobility.
Amendment 116 #
2021/0420(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
(d) introduction and promotion of new technologies and innovation for zero and low carbon energy fuels and propulsion systems, including LNG;
Amendment 117 #
2021/0420(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) improve the resilience of the logistic chains and, international maritime trade and security of the energy supply, including in relation to climate adaptation;
Amendment 119 #
2021/0420(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point f
Article 28 – paragraph 1 – point f
Amendment 121 #
2021/0420(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point b
Article 29 – paragraph 2 – point b
(b) rest areas are available at a maximum distance of 60 km from each other, providing sufficient parking space, relevant safety and security equipment, and appropriate facilities, including sanitary facilities, that meet the needs of a diverse workforce;
Amendment 122 #
2021/0420(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) safe and secure parking areas are available at a maximum distance of 100 km from each otherdensity required by the traffic volume, market demand and other relevant factors, providing a sufficient parking space for commercial vehicles and complying with the requirements set out in Article 8(1), point (a), of Regulation (EU) 2020/105469 ; __________________ 69 Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (OJ L 249, 31.7.2020, p. 1).
Amendment 128 #
2021/0420(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point d
Article 31 – paragraph 1 – point d
(d) when building or upgrading road infrastructure, ensure the continuity and accessibility ofroad infrastructure is not obstructing pedestrian and cycling paths in order to promote the active modes of transport.
Amendment 130 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 1 – introductory part
Article 35 – paragraph 3 – subparagraph 1 – introductory part
Within twohree years after the entry into force of this Regulation, Member States shall conduct a market and prospective analysis on multimodal freight terminals on their territory. This analysis shall at least:
Amendment 137 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point d
Article 44 – paragraph 1 – point d
(d) improve the safety and sustainability of the movement of persons, services and of the transport of goods;
Amendment 138 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point i
Article 44 – paragraph 1 – point i
(i) introduce dual use technology, security technology and compatible identification standards on the networks;
Amendment 139 #
2021/0420(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Projects of common interest for which an environmental impact assessment must be carried out in compliance with Directive 2011/92/UE shall be subject to climate proofing. The climate proofing shall be undertaken based on the latest available best practice and guidance to ensure that transport infrastructures are resilient to the adverse impacts of climate change, through a climate vulnerability and risk assessment, including through relevant adaptation measures, and through integration of the costs of greenhouse gas emissions in the cost- benefit analysis. Such requirement does not apply to projects for which the environmental impact assessment has been completed before entry into force of this Regulation.
Amendment 141 #
2021/0420(COD)
Proposal for a regulation
Article 47 – paragraph 2 – subparagraph 1 – introductory part
Article 47 – paragraph 2 – subparagraph 1 – introductory part
Member States shall make best effort to ensure that the information notified pursuant to paragraph 1 is made available at least twelve months before the final decision on the implementation of the project of common interest. The information shall in particular include:
Amendment 142 #
2021/0420(COD)
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 1
Article 47 – paragraph 3 – subparagraph 1
No later than thirty calendar days, unless agreed otherwise between Member State and the Commission, following the receipt of information pursuant to paragraph 1, the Commission may request additional information from the Member State where the project of common interest is planned. Any request for additional information shall be duly justified, limited to information necessary to carry out the assessment pursuant to paragraph 5, proportionate to the purpose of the request and not unduly burdensome for the Member State where the project of common interest is planned.
Amendment 153 #
2021/0420(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Based on the first work plan of the European Coordinators, the Commission shall adopt an implementing act for each work plan of the cross-border European Transport Corridors and the two horizontal priorities. This implementing act shall set out the priorities for infrastructure and investment planning and for funding.
Amendment 154 #
2021/0420(COD)
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
4. Until full implementation of the measures provided for in the implementing act, the Member States concerned shall communicate to the Commission an biannual report on the progress achieved, indicating in particular the financial commitments made in the national budget plan.
Amendment 157 #
2021/0420(COD)
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
Amendment 161 #
2021/0420(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
Amendment 166 #
2021/0420(COD)
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 2
Article 62 – paragraph 3 – subparagraph 2
Amendment 298 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message, unless it is purely private or commercial in nature, or constitutes editorial content subject to editorial responsibility that complies with relevant Union and national media laws:
Amendment 303 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
(a) by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature; or
Amendment 307 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) which is liableaims and is designed to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 329 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisementresponsible for handing over correct and exhaustive information regarding a political advertisement to a political advertising service and on whose behalf that political advertising is prepared, placed, published or disseminated;
Amendment 366 #
2021/0381(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Providers of advertising services shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service that they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration. The political advertising publisher shall ensure that such advertising includes that declaration in full.
Amendment 403 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the identity of the sponsor of the political advertisement and, where applicable, the entity ultimately controlling the sponsor;
Amendment 440 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall ensure that their online interface is designed and organised in a way that enables sponsors or providers of political advertising services acting on behalf of the sponsor to provide the information referred to in paragraph 1 and 2. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement.
Amendment 446 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. For the purpose of this Regulation, sponsors shall be liable for the accuracy of the information that they provide.
Amendment 447 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3 b. When the political advertising publisher is the only provider of political advertising services, the sponsor shall communicate the relevant information to the political advertising publisher.
Amendment 475 #
2021/0381(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as a distinct part of their management reportadditional disclosures within the meaning of Article 198 of Directive 2013/34/EU in their annual financial statements.
Amendment 490 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Only notices that include the following elements shall be considered to be valid: (a) a sufficiently substantiated explanation of the reasons why the individual or entity alleges that the information in question does not comply with this Regulation; (b) the name and email address of the individual or entity submitting the notice; (c) a statement confirming that the individual or entity submitting the notice believes in good faith that information contained therein is accurate and complete.
Amendment 492 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1 b. In case of misuse of the notification mechanism, Article 23 of Regulation (EU) 2021/xxx [Digital Service Act] shall apply.
Amendment 501 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The political advertising publisher may seek guidance from competent national authorities on issues raised in that submission. The political advertising publishers shall inform individuals of the follow up given to the notification as referred to in paragraph 1.
Amendment 503 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. In the month preceding an election or a referendum, political advertising publishers shall within 48 hours process and address any takedown notice submitted by the relevant national authority or trusted flagger, that has been awarded the status of trusted flagger according to Article 22 (2) of Regulation (EU) 2021/xxx [Digital Services Act] that they receive about advertisement linked to that election or referendum. Political advertising publishers qualifying as one of the different types of undertakings under Article 3(1) to (3) of Directive 2013/34/EU shall make reasonable efforts to address any notification that they receive about advertisement linked to that election or referendum without undue delay.
Amendment 506 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3 b. Political advertising publishers shall provide information on the possibilities for redress in respect of the advertisement to which the notification relates. Where the political advertising publishers receive a notification concerning an obvious case of non- compliance, the political advertising publishers shall remove the advertisement immediately. In all other cases, the political advertising publishers shall be granted a reasonable period in which to react to the allegations or to correct invalid information, rather than removing the advertising completely.
Amendment 559 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
(c) provide, together with the political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third-party data and additional analytical techniques. This information shall comprise the elements set out in Annex II, and shall be accessible via dedicated subpage or window.
Amendment 605 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)
Article 15 – paragraph 5 – point c a (new)
(c a) issue guidance on consultation request raised by political advertising publishers under Article 9 (1a).
Amendment 662 #
2021/0381(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4 a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 20161a. _________________ 1a OJ L 123, 12.5.2916, p. 1
Amendment 86 #
2021/0366(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Prior to placing relevant commodities and products on the market or before exporting them, operators shall exercise due diligence with regard to all relevant commodities and products supplied by each particular supplier for which a due diligence process has otherwise not been completed.
Amendment 102 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) the complexity of the relevant supply chain, in particular difficulties in connecting commodities and/or products to the plot of land or distinct production area where they were produced;
Amendment 125 #
2021/0366(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. However, if the operator obtains or is made aware of any information that would point to a risk that the relevant commodities and products may not fulfil the requirements of this Regulation, all obligations of Article 9 and 10 shave to be fulfilledll apply.
Amendment 139 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) destroying the relevant commodity or product or donating it to charitable or public interest purposes or, where donation is impossible or represents an excessive economic cost, destroying the relevant commodity or product.
Amendment 173 #
2021/0170(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not covered by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of accidents, the right of information for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation whento the extent that there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation. __________________ 25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 175 #
2021/0170(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The precautionary principle is a fundamental principle for ensuring the safety of products and consumerrisk-based approach is a proportionate way to ensure a high level of safety of products and consumers, while guaranteeing that efforts are focused on the products possessing realistic hazards and should therefore be taken into due account by all relevant actors when applying this Regulation.
Amendment 178 #
2021/0170(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can also ultimatelyto the extent that it can reasonably be expected to result in a risk to the health and safety of consumers. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
Amendment 192 #
2021/0170(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 196 #
2021/0170(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Specific cybersecurity risks affecting the safety of consumers as well as protocols and certifications can be dealt with by sectorial legislation. However, it should be ensured, in case of gaps inProducts which are complaint with [Regulation (EU) No 2022/30], or other Union legal acts applicable to the product in question, should be considered as being in compliance with this Regulation in regard to the cybersecurity requirements. However, it should be ensured that, in exceptional cases where the sectorial legislation, that cannot be applied, the relevant economic operators and national authorities take into consideration risks linked to new technologies, respectively when designing the products and assessing them, in order to ensure that changes introduced in the product do not jeopardise its safety.
Amendment 197 #
2021/0170(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The safety of products should be assessed taking into account all the relevant aspects, notably their characteristics and presentation as well asthe characteristics of the product, including its composition, packaging, instructions, taking into account the nature of the product, for assembly, maintenance or commissioning; product appearance, labelling; warnings and instructions for its use and any other information made available to the consumer with regard to the product. Furthermore, the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.
Amendment 233 #
2021/0170(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. SWhere applicable, such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. Marketplaces should be allowed a degree of flexibility concerning listings such as custom or craft products. Similarly, microenterprises or one-person businesses should be exempted from certain obligations, in order to avoid unnecessary side-effects such as disclosure of personal information. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.
Amendment 236 #
2021/0170(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) It is also important that online marketplaces closely cooperate with the market surveillance authorities, law enforcement authorities and with relevant economic operators on the safety of products. For example marketplaces could elevate their online interface to redirect consumers to valuable information on recalls, listed by relevant market surveillance authorites. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 in relation to products covered by that Regulation and should therefore be extended to all consumer products. For instance, market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, for the purpose of product safety, market surveillance authorities may also need to scrape data from the online marketplaces.
Amendment 301 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. This Regulation shall be applied taking due account of the precautionary principlerisk-based approach.
Amendment 307 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
Amendment 315 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
Amendment 317 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
3 a. 'high-risk product' means the products/product categories listed in Annex [ ];
Amendment 318 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
5 a. 'accident' means a sudden event or incident that occurs as a result of using a product and resulting in death or injury requiring medical treatment, such as cuts, poisoning and burns;
Amendment 328 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
14. ‘online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application, operated by or on behalf of a trader, which allows consumers to conclude distance contracts with other traders or consumtraders for the sale of products covered by this Regulation;
Amendment 333 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;
Amendment 335 #
2021/0170(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(a a) existing conventional law,
Amendment 342 #
2021/0170(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) if it conforms to relevant European standards or parts thereof as far as the risks and risk categories covered are concerned, the references of which have been published in the Official Journal of the European Union in accordance with Article 10(76) of Regulation (EU) 1025/2012;
Amendment 344 #
2021/0170(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements and complies fully with Regulation (EU) 2019/515.
Amendment 346 #
2021/0170(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shallmay adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down the general safety requirement laid down in Article 5 where the following conditions have been fulfilled: (a) no reference to harmonised standards covering the relevant essential health and safety requirement is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; and (b) the Commission has justified the reason for not publishing in the Official Journal any European standard , vis-a-vis the Committee of Standards referred to in Article 22 of Regulation (EU) No 1025/2012 and that Committee has endorsed the justification applying Article 5 of Regulation (EU) No 182/2011. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
Amendment 357 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Where the presumption of safety laid down in Article 56 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:
Amendment 362 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the effect that other products might have on the product to be assessed, including the effect of non-embedded items that are meant to determine, change or complete the way another product falling under the scope of this Regulation works, which have to be taken into consideration in assessing the safety of that other productwhen the interaction of those other products are reasonably foreseeable;
Amendment 374 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point h
Article 7 – paragraph 1 – point h
(h) when required by the nature of product, the appropriate cybersecurity features necessary to protect the product against unplanned external influences, including malicious third parties, when such an influence might have an impact on the safety of the product or measures to mitigate the impact on safety to an acceptable level;
Amendment 379 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point i
Article 7 – paragraph 1 – point i
(i) the evolving, learning and predictive functionalities of a product. when such an influence has an impact on the safety of the product;
Amendment 389 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. By … [6 months after the date of entry into force of this Regulation] the Commission shall publish guidelines with regard to the extended WHO definition of 'health' and how it will impact the assessment provided for in this Article, including sample cases and relevant information for stakeholders.
Amendment 404 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to file complaints and to inform them manufacturer of any accident or safety issue they have experienced with the product.
Amendment 407 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 414 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers shall keep distributors, importers and online marketplaces in the concerned downstream supply chain informed of any relevant safety issue that they have identified.
Amendment 431 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark, the website and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted. The Commission is empowered to adopt delegated act in accordance with Article 41 to amend this Regulation by adjusting the list set out in the first subparagraph of this paragraph appropriately to market trends and wide adoption of certain technologies, such as QR code.
Amendment 436 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available. This requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information. The instructions may be provided in a digital format unless otherwise requested by consumers at the time of purchase of the product. Consumers shall be informed about the opportunity to obtain non- digital instructions and safety information prior to the transaction.
Amendment 447 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. Manufacturers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe, shall immediately take the corrective measures necessary to bring the product into conformity, including a withdrawal or recall, understood also as ceasing of functioning or of utilising the product, as appropriate.
Amendment 451 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 11
Article 8 – paragraph 11
11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the Member States in which the product hasWhere a corrective measure has been taken by a market surveillance authority or where a manufacturer is to act on its own initiative after discovering a relevant risk, consumers shall be notified of the risk to their health and safety presented by a product to that effect, giving details, in particular, of the risk to health and safety of the consumer and of any corrective measure already taken. Relevant market surveillance authority shall be notified about the approximate number of products in question, left on the market. The notification shall been made available to that effect, giving details,via the Safety Portal referred to in paArticular, of the risk to health and safety of consumers and of any corrective measure already takenle 32 or the Safety Business Gateway referred to in Article 25, respectively, or where appropriate via tools provided for in paragraph 2 of this Article.
Amendment 455 #
2021/0170(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A manufacturer may, by a written mandate, appoint an authorised representative. A copy of the mandate shall be made available to the relevant market surveillance authorities.
Amendment 489 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and relevant market surveillance authorities, including information about the approximate number of products in question, left on the market, and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Importers shall ensure that, through the Safety Business Gateway referred to in Article 25, consumers are immediately and effectively alerted of the risk where applicable and that market surveillance authorities of the Member States in which they made the product available to that effect be immediately informed, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken.
Amendment 502 #
2021/0170(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Single notification for supply chain The notification obligation referred to in Article 8(11), Article 10(8) and Article 11(3) and (4) of this Regulation, shall be considered sufficient if submitted by a single entity from the relevant supply chain in order to avoid duplication of notifications.
Amendment 503 #
2021/0170(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 504 #
2021/0170(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) the changes have not been made by the consumer for their own use. or are performed upon specific request by the consumer in order to customise the product;
Amendment 511 #
2021/0170(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks. Market surveillance authorities may request the economic operators to submit regular progress reports where required by the magnitude of the risk or inefficient corrective actions by the economic operator, and decide whether or when the corrective measure can be considered completed.
Amendment 514 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. For the products, categories or groups of products covered by a delegated act referred to in paragraph 2b of this Article, Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall also apply to products covered by this Regulationhigh-risk products. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.
Amendment 525 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. When the products referred to in paragraph 1 of this Article which are made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of such products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 526 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. The Commission is empowered to adopt delegated acts in accordance with Article 41 to supplement this Regulation by determining the products, categories or groups of products for which an obligation referred to in paragraph 1 of this Article is to apply. When adopting those delegated acts, the Commission shall take into account the potential risk to the health and safety of consumers caused by the products concerned, based on the information from Safety gate, consultations with the Member States authorities and other relevant evidence.
Amendment 527 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The name, registered trade name or registered trade mark, website and contact details, including the postal and electronic address, of the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be indicated on the product or on its packaging, the parcel or an accompanying document. The Commission is empowered to adopt delegated act in accordance with Article 41 to amend this Regulation by adjusting the list set out in the first subparagraph of this paragraph appropriately to market trends and wide adoption of certain technologies, such as QR code.
Amendment 529 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
Amendment 531 #
2021/0170(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall put in place procedures for providing economic operators, at their request and free of charge, with information with respect to the implementation of this Regulationnational transposition and implementation of Union harmonisation legislation applicable to products. For this purpose, Article 9(1), (4) and (5) of Regulation (EU) 2019/515 shall apply.
Amendment 541 #
2021/0170(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
Amendment 543 #
2021/0170(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. When preparing the delegated acts referred to in paragraph 3, the Commission shall continue consultations with the stakeholders and Member States, organised via existing or ad hoc expert groups, and shall take due account of the recommendations;
Amendment 547 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) pictures and other information to identify the product, including its type and, when available, batch or serial number and any oand any other product identifier that allows ther product type to be identifierd;
Amendment 555 #
2021/0170(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident demonstrably caused by a product placed or made available on the market is notified, within two working days from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
Amendment 582 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate. For those purposes, the market surveillance authority shall allow communication by email or other digital automated system, and to that end shall publish necessary information for that purpose on the Safety Gate.
Amendment 595 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 5 – introductory part
Article 20 – paragraph 5 – introductory part
5. For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders, where applicable, to provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing:
Amendment 601 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 5 – point c
Article 20 – paragraph 5 – point c
(c) information to identify the product, including its type and, when available, batch or serial number and an any other product identifier necessary to identify other product identifiertype;
Amendment 613 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point a
Article 20 – paragraph 6 – point a
(a) cooperatinge with market surveillance authorities and with relevant economic operators to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and informing consumers thereof;
Amendment 616 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point a a (new)
Article 20 – paragraph 6 – point a a (new)
(a a) inform traders and market surveillance authorities about the information communicated by consumers on accidents or safety issues with regard to the product offered for sale online by those traders through their services;
Amendment 619 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) subject to paragraph 6a, allowing access to their interfaces for the online tools operaApplication Programming Interfaces (APIs) for the sending of functions calls via those APIs to facilitate a reasoned requested by market surveillance authorities to identify dangerous products;
Amendment 623 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point e
Article 20 – paragraph 6 – point e
(e) uponsubject to paragraph 6a, upon a precise data request of the market surveillance authorities concerning individual or linked cases, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces (data scraping), allowing to scrape the scraping of such data for product safety purposes based on the identification parameters provided by the requesting market surveillance authorities.
Amendment 627 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 a (new)
Article 20 – paragraph 6 a (new)
Amendment 637 #
2021/0170(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Articles 10 to 16, Articles 18 and 19 and Articles 21 to 24 of Regulation (EU) 2019/1020 shall apply to products covered by this Regulation. When the competent authorities of the Member States take measures provided for in art. 11, 16 and 20 or Regulation (EU) 2019/1020, they shall act in accordance with the Treaty, and in particular Articles 28 and 30 thereof, in such a way as to implement the measures in a manner proportional to the seriousness of the risk, and taking due account of the precautionary principle.
Amendment 666 #
2021/0170(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a Development of Information and Communication Systems 1. The Commission shall adopt a biennial work programme, specifying priorities and objectives for maintenance, development and introducing new functionalities of Information and Communications systems referred to in Article 20(5) of Regulation (EU) 2019/1020 and Articles 23, 25 and 32 of this Regulation, for the purpose of this Regulation and giving particular attention to: (a) introduction of fully digital, automated and secure exchange of information between relevant Member State authorities and market participants; (b) adoption of the systems, proposed timelines, budget and number of dedicated staff to execute the tasks envisaged. 2. No later than three months after finalisation of the work programme, the Commission shall draw up a report mapping out conclusions and summarising the effects of that work programme. If necessary, that report shall specify the reasons that did not allow specific objectives to be achieved.
Amendment 670 #
2021/0170(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. If the Commission becomes aware of a new type of product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, after consulting and taking due account of the opinion of Member States' authorities, it may take any appropriate measures, either on its own initiative or upon request of Member States, by means of implementing acts, adapted to the gravity and urgency of the situation if, at one and the same time:
Amendment 682 #
2021/0170(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Products that have been deemed dangerous on the basis of a decision of a market surveillance authority in one Member State shall be presumed dangerous by market surveillance authorities in other Member States unless the risks identified by the Member State concerned do not apply in other Member States.
Amendment 709 #
2021/0170(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Information available to the authorities of the Member States or to the Commission relating to measures on products presenting relevant risks to consumer health and safety shall in general be made available to the public, in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. In particular, the public shall have access to information on product identification, the nature of the risk and the measures taken. This information shall be provided in accessible formats for persons with disabilities.
Amendment 725 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall be allowed to make use of this information for recalls and safety warnings.
Amendment 730 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information, they shallmay offer the possibility to their customers to provide separate contact details only for safety purposes. The personal data collected for that purpose shall be limited to the necessary minimum and may only be used to contact consumers in case of a recall or safety warning.
Amendment 737 #
2021/0170(COD)
Proposal for a regulation
Article 34 – paragraph 2 – point d
Article 34 – paragraph 2 – point d
(d) clear description of the action consumers should take, including an instruction to immediately stop using the recalled product or an alternative equally effective measure that ensures the safety of the consumer and the product;
Amendment 741 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist ofe consumer shall be given the opportunity to choose from at least onetwo of the following options:
Amendment 742 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771 and Directive (EU) 85/374/EEC, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at least one of the following:
Amendment 743 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at least one of the following:
Amendment 745 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) cost-free repair of the recalled product;
Amendment 746 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) cost-free replacement of the recalled product with a safe one of the same type and at least the same value and quality;
Amendment 747 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) refund of the value of the purchase price at the time of acquiring of the recalled product.
Amendment 766 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and assessed case-by-case. Member States shall, by [insert date - 312 months after to the date of entry into force of this Regulation], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 767 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point e
Article 40 – paragraph 2 – point e
Amendment 770 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 3 – point i
Article 40 – paragraph 3 – point i
(i) falsifydamaging test resultssamples or obstructing sample testing.
Amendment 774 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 5 – introductory part
Article 40 – paragraph 5 – introductory part
5. Member States may also impose periodic penalty payments to compel economic operators or online marketplaces, where applicable:
Amendment 776 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 6
Article 40 – paragraph 6
6. By 31 March of each year, Member States shall inform the Commission ofThe Commission shall collect relevant data entered by Member States' authorities from Safety Gate about the type and the size of the penalties imposed under this Regulation, identify the actual infringements of this Regulation, and indicate and consolidate information regarding the identity of economic operators or online marketplaces upon which penalties have been imposed.
Amendment 779 #
2021/0170(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The power to adopt delegated acts referred to in Article 8(7), Article 15(3) and Article 17(3) shall be conferred on the Commission for an indeterminate period of time from [insert date - the date of entry into force of this Regulation].
Amendment 780 #
2021/0170(COD)
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. A delegated act adopted pursuant to Article 17(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 785 #
2021/0170(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
It shall apply from [624 months after the entry into force of this Regulation].
Amendment 69 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 910/2014
Article 6a – paragraph 1
Article 6a – paragraph 1
1. For the purpose of ensuring that all natural and legal persons in the Union have secure, trusted and seamless access to cross-border public and private services, each Member State shall issue a European Digital Identity Wallet within 128 months after the entry into force of this Regulation.
Amendment 136 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) 910/2014
Article 12b – paragraph 3
Article 12b – paragraph 3
3. Where very large online platforms as defined in Regulation [reference DSA Regulation] Article 25.1. require users to authenticate to create a user account to access online services, they shall also accept the use of European Digital Identity Wallets issued in accordance with Article 6a strictly upon voluntary request of the user and in respect of the minimum attributes necessary for the specific online service for which authentication is requested, such as proof of age.
Amendment 141 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) 910/2014
Article 12b – paragraph 5
Article 12b – paragraph 5
5. The Commission shall make an assessment within 18 months after deployment of the European Digital Identity Wallets whether on the basis of evidence showing availability and usability of the European Digital Identity Wallet, additional private online service providers shall be mandated to accept the use of the European Digital identity Wallet strictly upon voluntary request of the user. Criteria of assessment may include the need for authentication for the provision of those services, extent of user base, cross-border presence of service providers, technological development, evolution in usage patterns. The Commission shall be empowered to adopt delegated acts based on this assessment, regarding a revision ofsupplementing the requirements for recognition of the European Digital Identity wallet undercontained in points 1 to 4 of this article.
Amendment 157 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Regulation (EU) 910/2014
Article 45
Article 45
Amendment 175 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) 910/2014
Article 49 – paragraph 1
Article 49 – paragraph 1
1. The Commission shall review the application of this Regulation and shall report to the European Parliament and to the Council within 2430 months after its entering into force. The Commission shall evaluate in particular whether it is appropriate to modify the scope of this Regulation or its specific provisions taking into account the experience gained in the application of this Regulation, as well as technological, market and legal developments. Where necessary, that report shall be accompanied by a proposal for amendment of this Regulation.
Amendment 377 #
2021/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The notion of remote biometric identification system as used in this Regulation should be defined functionally, as an AI system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference databasedatabase data repository, excluding verification/authentication systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real- time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near- ‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned.
Amendment 400 #
2021/0106(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) This Regulation should also ensure harmonisation and consistency in definitions and terminology as biometric techniques can, in the light of their primary function, be divided into techniques of biometric identification, authentication and verification. Biometric authentication means the process of matching an identifier to a specific stored identifier in order to grant access to a device or service, whilst biometric verification refers to the process of confirming that an individual is who they claim to be. As they do not involve any “one-to-many” comparison of biometric data that is the distinctive trait of identification, both biometric verification and authentication should be excluded from the scope of this Regulation.
Amendment 541 #
2021/0106(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) As regards stand-alone AI systems, meaning high-risk AI systems other than those that are safety components of products, or which are themselves products, it is appropriate to classify them as high-risk if, in the light of their intended purpose, they pose a high risk of harm to the health, natural environment, and safety or the fundamental rights of persons, taking into account both the severity of the possible harm and its probability of occurrence and they are used in a number of specifically pre-defined areas specified in the Regulation. The identification of those systems is based on the same methodology and criteria envisaged also for any future amendments of the list of high-risk AI systems.
Amendment 548 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘real-time’ and ‘post’ remote biometric identification systems should be classified as high-risk. In view of the risks that they may pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and, when appropriate and justified by a proven added value to the protection of health, safety and fundamental rights, human oversight.
Amendment 650 #
2021/0106(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Cybersecurity plays a crucial role in ensuring that AI systems are resilient against attempts to alter their use, behaviour, performance or compromise their security properties by malicious third parties exploiting the system’s vulnerabilities. Cyberattacks against AI systems can leverage AI specific assets, such as training data sets (e.g. data poisoning) or trained models (e.g. adversarial attacks), or exploit vulnerabilities in the AI system’s digital assets or the underlying ICT infrastructure. To ensure a level of cybersecurity appropriate to the risks, suitable measures should therefore be taken by the providers of high-risk AI systems, as well as the notified bodies, competent national authorities and market surveillance authorities accessing the data of providers of high-risk AI systems, also taking into account as appropriate the underlying ICT infrastructure.
Amendment 658 #
2021/0106(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The provider should establish a sound quality management system, ensure the accomplishment of the required conformity assessment procedure, draw up the relevant documentation in the language of the Member State concerned and establish a robust post-market monitoring system. All elements, from design to future development, must be transparent for the user. Public authorities which put into service high-risk AI systems for their own use may adopt and implement the rules for the quality management system as part of the quality management system adopted at a national or regional level, as appropriate, taking into account the specificities of the sector and the competences and organisation of the public authority in question.
Amendment 717 #
2021/0106(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70 a) Suppliers of general purpose AI systems and, as relevant, other third parties that may supply other software tools and components, including pre- trained models and data, should cooperate, as appropriate, with providers that use such systems or components for an intended purpose under this Regulation in order to enable their compliance with applicable obligations under this Regulation and their cooperation, as appropriate, with the competent authorities established under this Regulation. In such cases, the provider may, by written agreement, specify the information or other assistance that such supplier will furnish in order to enable the provider to comply with its obligations herein.
Amendment 734 #
2021/0106(COD)
Proposal for a regulation
Recital 73 a (new)
Recital 73 a (new)
(73 a) AI solutions and services designed to combat fraud and protect consumers against fraudulent activities should not be considered high risk, nor prohibited. As a matter of substantial public interest, it is vital that this Regulation does not undermine the incentive of the industry to create and roll out solutions designed to combat fraud across the European Union.
Amendment 870 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Regulation shall not apply to AI systems designed, modified, developed or used exclusively for military purposes.
Amendment 887 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5 a. This Regulation shall not apply to AI systems, including their output, specifically developed or used exclusively for scientific research and development purposes.
Amendment 895 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5 b. This Regulation shall not affect any research and development activity regarding AI systems in so far as such activity does not lead to placing an AI system on the market or putting it into service.
Amendment 905 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that dis developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives,play intelligent behaviour by analysing their environment and taking actions – with some degree of autonomy – to achieve specific goals, which: (a) receives machine and/or human-based data and inputs; (b) infers how to achieve a given set of human-defined objectives using data- driven models created through learning or reasoning implemented with the techniques and approaches listed in Annex I, and (c) generates outputs such as content, in the form of content (generative AI systems), predictions, recommendations, or decisions, which influencinge the environments ithey interacts with;
Amendment 932 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘provider’ means a natural or legal person, public authority, agency or other body that develops an AI system or that has an AI system developed with a view to placing itand places that system on the market or puttings it into service under its own name or trademark, whether for payment or free of charge;
Amendment 944 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘usdeployer’ means any natural or legal person, public authority, agency or other body using an AI system under its authority, except where the AI system is used in the course of a personal non- professional activity;
Amendment 950 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4 a) 'End-user' means any natural person who, in the framework of employment, contract or agreement with the deployer, uses the AI system under the authority of the deployer;
Amendment 966 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘intended purpose’ means the specific use for which an AI system is intended by the provider, including the specific context and conditions of use, as specified in the information supplied by the provider in the instructions for use, promotional or sales materials and statements, as well as in the technical documentation; general purpose AI systems shall not be considered as having an intended purpose within the meaning of this Regulation;
Amendment 975 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘reasonably foreseeable misuse’ means the use of an AI system in a way that is not in accordance with its intended purposepurpose as indicated in instruction for use or technical specification, but which may result from reasonably foreseeable human behaviour or interaction with other systems;
Amendment 1101 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44 a) 'critical infrastructure' means an asset, system or part thereof which is necessary for the delivery of a service that is essential for the maintenance of vital societal functions or economic activities within the meaning of Article 2(4) and (5) of Directive (…) on the resilience of critical entities;
Amendment 1147 #
2021/0106(COD)
Article 4 a Notification about the use of an AI system 1. Users of AI systems which affect natural persons, in particular, by evaluating or assessing them, making predictions about them, recommending information, goods or services to them or determining or influencing their access to goods and services, shall inform the natural persons that they are subject to the use of such an AI system. 2. The information referred to in paragraph 1 shall include a clear and concise indication of the user and the purpose of the AI system, information about the rights of the natural person conferred under this Regulation, and a reference to publicly available resource where more information about the AI system can be found, in particular the relevant entry in the EU database referred to in Article 60, if applicable. 3. This information shall be presented in a concise, intelligible and easily accessible form, including for persons with disabilities. 4. This obligation shall be without prejudice to other Union or Member State laws, in particular Regulation 2016/679, Directive 2016/680, Regulation 2022/XXX.
Amendment 1149 #
2021/0106(COD)
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4 b Explanation of individual decision- making 1. A decision made by or with the assistance of a high risk AI system which produces legal effects concerning a person, or which similarly significantly affects that person, shall be accompanied by a meaningful, relevant explanation of at least: (a) the role of the AI system in the decision-making process; (b) the input data relating to the affected person, including the indication of his or her personal data on the basis of which the decision was made; (c) for high-risk AI systems, the link to the entry in the EU database referred to in Article 60; (d) the information about the person’s rights under this Regulation, including the right to lodge a complaint with the national supervisory authority. For information on input data under point b) to be meaningful it must include an easily understandable description of inferences drawn from other data. 2. Paragraph 1 shall not apply to the use of AI systems: (a) that are authorised by law to detect, prevent, investigate and prosecute criminal offences or other unlawful behaviour under the conditions laid down in Article 3(41) and Article 52 of this Regulation, if not explaining the decision is necessary and proportionate for detection, prevention, investigation and prosecution of a specific of-fence; (b) for which exceptions from, or restrictions to, the obligation under paragraph 1 follow from Union or Member State law, which lays down appropriate other safeguards for the affected person’s rights and freedoms and legitimate interests. 3. The explanation within the meaning of paragraph 1 shall be provided at the time when the decision is communicated to the affected person and shall be provided in a clear, easily understandable, and intelligible way, accessible for persons with disabilities. 4. If the affected person believes that the decision produced legal effects or similarly significantly affects him or her, but the deployer has not provided the explanation, he or she may request it. The deployer shall inform the affected person within 7 days about how he assessed the request and if it is accepted, the explanation shall be provided without undue delay. If the request is refused, the deployer shall in-form the affected person of the right to complain to the national supervisory authority.
Amendment 1168 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner intended that causes or is likely to cause that person or another person physical or psychological harm;
Amendment 1207 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
Article 5 – paragraph 1 – point c – point i
(i) preferential, detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected;
Amendment 1218 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
(ii) preferential, detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour or its gravity;
Amendment 1255 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
Article 5 – paragraph 1 – point d – point i
(i) the targeted search for specific potential victims of crime, including missing children;
Amendment 1271 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
Article 5 – paragraph 1 – point d – point iii
Amendment 1282 #
2021/0106(COD)
(iii a) searching for missing persons, especially those who are minors or have medical conditions that affect memory, communication, or independent decision- making skills;
Amendment 1431 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the product whose safety component is the AI system, or the AI system itself as a product, is required to undergo a third-party conformity assessment related to safety with a view to the placing on the market or putting into service of that product pursuant to the Union harmonisation legislation listed in Annex II.
Amendment 1441 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall also be considered high-risk, if they pose a risk of harm to either physical health and safety or human rights, or both.
Amendment 1444 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The classification as high-risk as a consequence of Article 6(1) and 6(2) shall be disregarded for AI systems whose intended purpose demonstrates that the generated output is a recommendation requiring a human intervention to convert this recommendation into a decision and for AI systems which do not lead to autonomous decisions or actions of the overall system.
Amendment 1451 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2 b. When assessing an AI system for the purposes of paragraph 1 of Article 6, a safety component shall be assessed against the essential health and safety requirements of the relevant EU harmonisation legislation listed in Annex II.
Amendment 1483 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the AI systems pose a risk of harm to the health, natural environment and safety, or a risk of adverse impact on fundamental rights, that is, in respect of its severity and probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact posed by the high-risk AI systems already referred to in Annex III.
Amendment 1492 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. When assessing for the purposes of paragraph 1 whether an AI system poses a risk of harm to the health, natural environment and safety or a risk of adverse impact on fundamental rights that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account the following criteria:
Amendment 1509 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) the extent to which the use of an AI system has already caused harm to the health, natural environment and safety or adverse impact on the fundamental rights or has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by reports or documented allegations submitted to national competent authorities;
Amendment 1607 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that anythe overall residual risk associated with each hazard as well as the overall residual risk ofof the high-risk AI systems is reasonably judged to be acceptable, having regard to the benefits that the high-risk AI systems is judged acceptablereasonably expected to deliver and, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, subject to terms, conditions as made available by the provider, and contractual and license restrictions. Those residual risks shall be communicated to the user.
Amendment 1617 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
In identifying the most appropriate risk management measures, the following outcomes shall be ensurpursued:
Amendment 1620 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) elimination or reduction of risks as far as possible through adequcommercially reasonable and technologically feasible in light of the generally acknowledged state of the art, through appropriate design and development measures;
Amendment 1635 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
In seeking to eliminatinge or reducinge risks related to the use of the high-risk AI system, due consideration shall be given to the technical knowledge, experience, education, training to be expected by the user and the environment in which the system is intended to be used.
Amendment 1640 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. High-risk AI systems shall be tested for the purposes of identifying the most appropriate risk management measures for the specific scenario in which the system will be operating and to ensure that a system is performing appropriately for a given use case. Testing shall ensure that high-risk AI systems perform in a manner that is consistently for with their intended purpose and they are in compliance with the requirements set out in this Chapter.
Amendment 1658 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The testing of the high-risk AI systems shall be performed, as appropriate, at any point in time throughout the development process, and, in any event, prior to the placing on the market or the putting into service. Testing shall be made against preliminarily defined metrics and probabilistic thresholdrubrics that are appropriate to the intended purpose of the high-risk AI system.
Amendment 1668 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 9
Article 9 – paragraph 9
9. For credit institutions regulated by Directive 2013/36/EUAI systems already covered by Union law that requires a specific risk assessment, the aspects described in paragraphs 1 to 8 shall be part ofmay be incorporated into theat risk management procedures established by those institutions pursuant to Article 74 of that Directivassessment, without the need to conduct a separate, additional risk assessment in order to comply with this Article.
Amendment 1677 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. High-risk AI systems which make use of techniques involving the training of models with data shall be developed on the basis of training, validation and testing data sets that meet the quality and fairness criteria referred to in paragraphs 2 to 5.
Amendment 1682 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices. T for the entire lifecycle of data processing. Where relevant to appropriate risk management measures, those practices shall concern in particular,
Amendment 1697 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) a priorn assessment of the availability, quantity and suitability of the data sets that are needed;
Amendment 1700 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases, that are likely to affect health and safety of persons or lead to discrimination prohibited by Union law;
Amendment 1704 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the identification of any possibleother data gaps or shortcomings that materially increase the risks of harm to the health, natural environment and safety or the fundamental rights of persons, and how those gaps and shortcomings can be addressed.
Amendment 1720 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, sufficiently diverse to mitigate bias, and, to the best extent possible, representative, free of errors and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 1731 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Training, validation and testing data sets shall take into accountbe sufficiently diverse to accurately capture, to the extent required by the intended purpose, the characteristics or elements that are particular to the specific geographical, behavioural or functional setting within which the high- risk AI system is intended to be used.
Amendment 1740 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. To the extent that it is strictly necessary for the purposes of ensuring bias monitoring, detection and correction in relation to the high-risk AI systems, the providers of such systems may process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679, Article 10 of Directive (EU) 2016/680 and Article 10(1) of Regulation (EU) 2018/1725, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons, including technical limitations on the re-use and use of state-of-the-art security and privacy- preserving measures, such as pseudonymisation, or encryption or biometric template protection technologies where anonymisation may significantly affect the purpose pursued.
Amendment 1775 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The logging capabilities shall ensure a level of traceability of the AI system’s functioning throughoutwhile the AI system is used within its lifecycle that is appropriate to the intended purpose of the system.
Amendment 1777 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. For records constituting trade secrets as defined in Article 2 of Directive (EU) 2016/943, provider may elect to confidentially provide such trade secrets only to relevant public authorities to the extent necessary for such authorities to perform their obligations hereunder.
Amendment 1878 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) ensure that their high-risk AI systems are compliant with the requirements set out in Chapter 2 of this Title before placing them on the market or putting them into service, and shall be responsible for compliance of these systems after that point only to the extent that they exercise actual control over relevant aspects of the system;
Amendment 2026 #
2021/0106(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Any distributor, importer, user or other third-party shall be considered a provider of a high-risk AI system for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances:
Amendment 2031 #
2021/0106(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point c a (new)
Article 28 – paragraph 1 – point c a (new)
(c a) they modify the intended purpose of an AI system which is not high-risk and is already placed on the market or put into service, in a way which makes the modified system a high-risk AI system.
Amendment 2041 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Users of high-risk AI systems shall use such systemsshall bear sole responsibility in case of any use of the AI system that is not in accordance with the instructions of use accompanying the systems, pursuant to paragraphs 2 and 5.
Amendment 2070 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6 a. Users shall monitor the performance of high-risk AI systems deployed by end-users and shall ensure that all possible malfunctioning and performance issues are recorded, and when not able to justify or ensure proper performance, communicated to the AI provider. In such cases, the provider and the user shall coordinate to establish the cause of a possible malfunctioning or performance issue.
Amendment 2101 #
2021/0106(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Notified bodies shall satisfy the organisational, quality management, resources and process requirememinimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuants that are necessary to fulfil their tasks.o Directive (…) on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148;
Amendment 2105 #
2021/0106(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
6. Notified bodies shall have documented procedures in place ensuring that their personnel, committees, subsidiaries, subcontractors and any associated body or personnel of external bodies respect the confidentiality of the information which comes into their possession during the performance of conformity assessment activities, except when disclosure is required by law. The staff of notified bodies shall be bound to observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the notifying authorities of the Member State in which their activities are carried out. Any information and documentation obtained by notified bodies pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
Amendment 2129 #
2021/0106(COD)
Proposal for a regulation
Article 41
Article 41
Amendment 2254 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
Before using an AI system, public authorities shall register the uses of that system in the EU database referred to in Article 60. A new registration entry must be completed by the user for each use of an AI system.
Amendment 2284 #
2021/0106(COD)
Proposal for a regulation
Article 52 a (new)
Article 52 a (new)
Article 52 a General purpose AI systems 1. The placing on the market, putting into service or use of general purpose AI systems shall not, by themselves only, make those systems subject to the provisions of this Regulation. 2. Any person who places on the market or puts into service under its own name or trademark or uses a general purpose AI system made available on the market or put into service for an intended purpose that makes it subject to the provisions of this Regulation shall be considered the provider of the AI system subject to the provisions of this Regulation. 3. Paragraph 2 shall apply, mutatis mutandis, to any person who integrates a general purpose AI system made available on the market, with or without modifying it, into an AI system whose intended purpose makes it subject to the provisions of this Regulation. 4. The provisions of this Article shall apply irrespective of whether the general purpose AI system is open source software or not.
Amendment 2297 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competent authorities or the European Data Protection Supervisor shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. This shall take place under the direct supervision and guidance by the competent authorities with a view to ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox.
Amendment 2332 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. Member States’ competent authorities that have established AI regulatory sandboxes shall coordinate their activities and cooperate within the framework of the European Artificial Intelligence Board. They shall submit annual reports to the Board and the Commission on the results from the implementation of those scheme, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application of this Regulation and other Union legislation supervised within the sandbox.
Amendment 2434 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor, AI ethics experts and industry representatives. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
Amendment 2453 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The Board shall be co-chaired by the Commission and a representative chosen from among the delegates of the Member States. The Commission shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and with its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.
Amendment 2574 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 4 a (new)
Article 59 – paragraph 4 a (new)
4 a. National competent authorities shall satisfy the minimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuant to Directive (…) on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148.
Amendment 2575 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 4 b (new)
Article 59 – paragraph 4 b (new)
4 b. Any information and documentation obtained by the national competent authorities pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
Amendment 2587 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 7
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providers. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States mayshall also establish one central contact point for communication with operators. In addition, the central contact point of each Member State should be contactable through electronic communications means.
Amendment 2630 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 4 a (new)
Article 60 – paragraph 4 a (new)
4 a. The EU database shall not contain any confidential business information or trade secrets of a natural or legal person, including source code.
Amendment 2635 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 5 a (new)
Article 60 – paragraph 5 a (new)
5 a. Any information and documentation obtained by the Commission and Member States pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
Amendment 2646 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users and end-users or collected through other sources on the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2.
Amendment 2681 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. Access to data and documentation in the context of their activities, the market surveillance authorities shall be granted fullsufficient access to the training, validation and testing datasets used by the provider, including through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access, taking into account the scope of access agreed with the relevant data subjects or data holders.
Amendment 2691 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. Where necessary to assess the conformity of the high-risk AI system with the requirements set out in Title III, Chapter 2 and upon a reasoned request, the market surveillance authorities shall be granted access to the source code of the AI system. . AI providers or deployers shall support market surveillance authorities with the necessary facilities to carry out testing to confirm compliance.
Amendment 2805 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
1 a. Where the activities of national competent authorities and bodies notified under the provisions of this Article infringe intellectual property rights, Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights in full application of Directive 2004/48/EC on the enforcement of intellectual property rights.
Amendment 2807 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 b (new)
Article 70 – paragraph 1 b (new)
1 b. Information and data collected by national competent authorities and notified bodies and referred to in Paragraph 1 shall be: a) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;further processing for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes shall not be considered incompatible with the original purposes ("purpose limitation"); b) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
Amendment 2822 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
1 a. In cases where administrative fines have been imposed under Article 83 of Regulation 2016/679, no further penalties shall be imposed on operators under the AI Act.
Amendment 2887 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point a a (new)
Article 72 – paragraph 1 – point a a (new)
(a a) the intentional or negligent character of the infringement;
Amendment 2888 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point a b (new)
Article 72 – paragraph 1 – point a b (new)
(a b) any relevant previous infringement;
Amendment 2890 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point b a (new)
Article 72 – paragraph 1 – point b a (new)
(b a) the degree of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;
Amendment 2891 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point b b (new)
Article 72 – paragraph 1 – point b b (new)
(b b) any action taken by the provider to mitigate the damage suffered by subjects;
Amendment 2893 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point c a (new)
Article 72 – paragraph 1 – point c a (new)
(c a) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement.
Amendment 2933 #
2021/0106(COD)
Proposal for a regulation
Article 80 – paragraph 1 – introductory part
Article 80 – paragraph 1 – introductory part
In Article 5 of Regulation (EU) 2018/858 the following paragraph iss are added:
Amendment 2935 #
2021/0106(COD)
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
Regulation (EU) 2018/858
Article 5
Article 5
4 a. The Commission shall, prior to fulfilling the obligation pursuant to paragraph 4, provide a reasonable explanation based on a gap analysis of existing sectoral legislation in the automotive sector to determine the existence of potential gaps relating to Artificial Intelligence therein, and consult relevant stakeholders, in order to avoid duplications and overregulation, in line with the Better Regulation principles.
Amendment 2939 #
2021/0106(COD)
Proposal for a regulation
Article 82 – paragraph 1 – introductory part
Article 82 – paragraph 1 – introductory part
In Article 11 of Regulation (EU) 2019/2144, the following paragraph iss are added:
Amendment 2940 #
2021/0106(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
Regulation (EU) 2019/2144
Article 11
Article 11
3 a. The Commission shall, prior to fulfilling the obligation pursuant to paragraph 3, provide a reasonable explanation based on a gap analysis of existing sectoral legislation in the automotive sector to determine the existence of potential gaps relating to Artificial Intelligence therein, and consult relevant stakeholders, in order to avoid duplications and overregulation, in line with the Better Regulation principles.
Amendment 2966 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III once a yearevery 24 months following the entry into force of this Regulation and until the end of the period of the delegation of power. The findings of that assessment shall be presented to the European Parliament and the Council.
Amendment 2973 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. By [threewo years after the date of application of this Regulation referred to in Article 85(2)] and every fourthree years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public.
Amendment 3018 #
2021/0106(COD)
Proposal for a regulation
Annex I – point b
Annex I – point b
(b) Logic- and knowledge-based approaches, including knowledge representation, inductive (logic) programming, knowledge bases, inference and deductive engines, (symbolic) reasoning and expert systems;Other data-driven approaches, including search and optimization methods.
Amendment 3025 #
2021/0106(COD)
Proposal for a regulation
Annex I – point c
Annex I – point c
(c) Statistical approaches, Bayesian estimation, search and optimization methodsif they are used to extract decisions from data in an automated way and search.
Amendment 3051 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
Annex III – paragraph 1 – point 1 – introductory part
1. Biometrics systems identification and categorisation of natural persons:
Amendment 3090 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a
Annex III – paragraph 1 – point 2 – point a
(a) AI systems intended to be used as safety components in the management and operation of road traffic and the supply of water, gas, heating and electricity, whose failure or malfunctioning would directly cause significant harm to the health, natural environment or safety of natural persons.
Amendment 3113 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point b
Annex III – paragraph 1 – point 4 – point b
(b) AI systems intended to be used forto makinge decisions on promotion and termination of work-related contractual relationships, for task allocationbased on individual behaviour or personal traits or characteristics, and for monitoring and evaluating performance and behaviour of persons in such relationships that have a likelihood of causing harm to the physical health and safety or adversely impact on the fundamental rights or have given rise to significant concerns in relation to the materialisation of such harm or adverse impact.
Amendment 3260 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point a
Annex IV – paragraph 1 – point 2 – point a
(a) provided that no confidential information or trade secrets are disclosed, the methods and steps performed for the development of the AI system, including, where relevant, recourse to pre- trained systems or tools provided by third parties and how these have been used, integrated or modified by the provider;
Amendment 3262 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point b
Annex IV – paragraph 1 – point 2 – point b
(b) provided that no confidential information or trade secrets are disclosed, the design specifications of the system, namely the general logic of the AI system and of the algorithms; the key design choices including the rationale and assumptions made, also with regard to persons or groups of persons on which the system is intended to be used; the main classification choices; what the system is designed to optimise for and the relevance of the different parameters; the decisions about any possible trade-off made regarding the technical solutions adopted to comply with the requirements set out in Title III, Chapter 2;
Amendment 31 #
2021/0045(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The widespread use of internet- enabled mobile devices means that data roaming is of great economic significance, especially given the growing importance of the Internet of Things (IoT) and a number of these devices moved during travels abroad. This is relevant for both users and providers of applications and content. In order to stimulate the development of this market, charges for data transport should not impede growth , in particular considering that the deployment of 5G networks and services is expected to grow steadily .
Amendment 34 #
2021/0045(COD)
Proposal for a regulation
Recital (14)
Recital (14)
(14) In order to allow for the development of a more efficient, integrated and competitive market for roaming services, there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. Obstacles to access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings, should be removed. To that end, wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer retail roaming services equivalent to the services offered domestically. and ensuring that mobile network operators cannot put the inbound roaming customers in a disadvantaged position compared to those mobile network operators’ own domestic customers as regards the quality of services. Mobile virtual network operators (MVNOs) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same Member State. Commercial negotiations, however, may not leave enough margin to MVNOs and resellers for stimulating competition through lower prices. The removal of those obstacles and balancing the negotiation power between MVNOs/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative, innovative and Union-wide roaming services and offers for customers. Directive (EU) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers.
Amendment 42 #
2021/0045(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Roaming customers should, to the greatest extent possible, be able to use the retail services that they subscribe to and benefit from the same level of quality of service as at home, when roaming in the Union. To that end, roaming providers should take the necessary measures to ensure that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically. In particular, the same as advertised quality of service should be offered to customers when roaming, if technically feasible. Additionally, roaming providers should make it possible for the consumer to verify the estimated download and upload speed, latency and available data transfer technology.
Amendment 56 #
2021/0045(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the Union and on the wholesale prices charged for value added services. Communications to certain numbers which are used for providing value added services, for example, premium-rate numbers, freephone numbers or shared cost numbers, are subject to particular pricing conditions at the national level. This Regulation should not apply to the part of the tariff that is charged for the provision of value added services but only to the tariffs for the connection to such services. Nevertheless, the RLAH principle might create an expectation for end-users that communications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. However, this is not always the case when roaming. End-users are confronted with increased costs, even when they call numbers that are free when called domestically. This could erode customers’ confidence in using their phones when roaming and could result in bill shocks, thus having a negative impact on a genuine RLAH experience. This is mainly caused, at retail level by the insufficient level of transparency on the higher charges which can be incurred because of communications to value added services numbers. Therefore measures should be introduced to increase the transparency on the conditions for communications to value added services numbers. To that end, roaming customers should be informed in their contract and notified and warned, in a timely manner and free of charge, that communications to value added services numbers in roaming can entail additional charges and how they could easily access and verify a particular value added service number via the publicly available web page.
Amendment 61 #
2021/0045(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad, providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited Member State. Since certain customer groups might be well informed about roaming charges, roaming providers should provide a possibility to easily opt-out from this automatic message service. In addition, roaming customers should be provided with a text message including a link to a free of charge web page giving detailed information about the types of services (calls and SMS) that may be subject to increased costs. Moreover, providers should actively give their customers, provided that the latter are located in the Union, on request and free of charge, additional information on the per- minute, per-SMS or per-megabyte data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State.
Amendment 65 #
2021/0045(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Customers living in border regions should not receive unnecessarily high bills due to inadvertent roaming. Roaming providers should therefore take reasonable steps to protect customers against incurring roaming charges while they are located in their Member State, including by enrolling a dedicated software, equipment and algorithms preventing inadvertent roaming. This should include adequate information measures in order to empower customers to actively prevent such instances of inadvertent roaming. National regulatory authorities should be alert to situations in which customers face problems with paying roaming charges while they are still located in their Member State and should take appropriate steps to mitigate the problem.
Amendment 67 #
2021/0045(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In addition, in order to avoid bill shocks, roaming providers should define one or more maximum financial and/or volume limits for their outstanding charges for all data roaming services, expressed in the currency in which the roaming customer is billed, and which they should offer to all their roaming customers, free of charge, with an appropriate notification unless the roaming customer opts-out from the measure, in a media format that can be consulted again subsequently, when that limit is being approached. Upon reaching that maximum limit, customers should no longer receive or be charged for those services unless they specifically request continued provision of those services in accordance with the terms and conditions set out in the notification. In such a case, they should receive free confirmation, in a media format that can be consulted again subsequently. Roaming customers should be given the opportunity to opt for anyout of those maximum financial or volume limits within a reasonable period or to choose not to have such a limit. Customer should be further notified of such opportunity before conclusion of the contract. Unless customers state otherwise, they should be put on a default limit system.
Amendment 70 #
2021/0045(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) Roaming tariffs incurred by roaming customers when they connect, actively or inadvertently, to non-terrestrial networks are significantly higher than tariffs for regulated roaming services. Therefore, additional safeguard and transparency measures should be introduced to apply also on roaming on non-terrestrial networks on board vessel and aircraft, due to the limited tools protecting roaming customers on non- terrestrial networks.
Amendment 72 #
2021/0045(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Number ranges, including those used for value added services, are set in the national numbering plans and are not harmonised at Union level. Operators may therefore not be able to recognise the numbering ranges for value added services in all countries in advance. Numbering ranges used for value added services are subject to particular pricing conditions at the national level and in many cases their termination rates are not regulated. While this is understood to roaming providers, the level of the wholesale charges they will incur may still be unexpectedly high. In a roaming scenario, operators are unable to address this issue, because they lack information on number ranges used for value added services throughout the Union. To address this problem BEREC should establish and maintain a single Union- wide, secure database for value added services’ numbering ranges. The database is intended as a transparency tool that will enable National Regulatory Authorities (NRAs) and operators to have direct access to information about which numbering ranges can generate higher costs (termination rates) in all Member States. Itf properly justified, BEREC can enable access to relevant data for individuals and organisations, including via application programming interface. The database represents a necessary intermediate step to increase transparency at retail level as it could be used to inform roaming customers about the types of services that may be subject to increased charges when roaming. BEREC should establish the procedures by which the competent authorities are to provide and update the information requested under Article 17.
Amendment 95 #
2021/0045(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
Amendment 109 #
2021/0045(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
BEREC shall establish and maintain a single Union-wide database of value added services numbering ranges in each Member State to be made accessible for national regulatory authorities and operators. The database shall be established by 31 Decemberat latest by 30 June 20232. To that end, the NRA or other competent authorities shall, by electronic means, provide the necessary information and the relevant updates to BEREC without undue delay.
Amendment 118 #
2021/0045(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point a a (new)
Article 21 – paragraph 1 – subparagraph 2 – point a a (new)
(aa) the uptake of the new technologies and measures minimising the risk of inadvertent roaming by the operators and to what extent these technologies contributed to limiting issues for consumers living in border regions.
Amendment 119 #
2021/0045(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point c
Article 21 – paragraph 1 – subparagraph 2 – point c
(c) the evolution of the machine-to- machine roamingand IoT roaming, including for consumer devices;
Amendment 122 #
2021/0045(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point j
Article 21 – paragraph 1 – subparagraph 2 – point j
(j) the extent to which roaming customers and operators face problems in relation to value added services and the extent to which BEREC database addressed these problems;
Amendment 128 #
2021/0045(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 129 #
2021/0045(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 8 #
2020/2262(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that Internal market legislation as well as other legislation adopted at the European level should be simple, effective and efficient, should provide a clear added value, and should be easy to understand as well as delivering full benefits at effective cost, without placing any unnecessary administrative burdens on citizens or enterprises;
Amendment 12 #
2020/2262(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates that internal market objectives such as improving competitiveness, digitalisation, sustainability and consumer protection and welfare should be underpinned by the enhanced use of scrutiny instruments such as the regulatory fitness and performance programme (REFIT) and the Regulatory Scrutiny Board;
Amendment 15 #
2020/2262(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regrets that monitoring of ‘Better Regulation’ efforts by the Commission has focused mainly on outputs of the system; asks the Commission to examine whether objectives, such as improved policy outcomes, reduced costs, better implementation, cost/benefit analysis and the use of aggregated net social benefit to illustrate performance of the regulatory system, have been met because ‘Better Regulation’ tools were used;
Amendment 17 #
2020/2262(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that SMEs in particular will continue to face serious repercussions due to the COVID-19 pandemic and need more flexibility to react quickly to the ever-changing demands of our economy; reiterates that cutting red tape, the ‘think small first’ principle, taking decisions transparently, coordinating policies at the Union and national levels and fostering a society that values entrepreneurship need to be priorities within internal market legislation;
Amendment 26 #
2020/2262(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States’ authorities at national and regional level, and on stakeholders to become more closely involved at an early stage of the decision-making process, with subsidiarity and proportionality checks and administrative burden assessments of EU legislation; calls further on the Member States to ensure the swift and consistent transposition, implementation and enforcement of legislation, and to avoid ‘gold-plating’ that can undermine the smooth functioning of the internal market; calls on the Commission to provide guidance to Member States on how to simplify unnecessarily complex and/or burdensome rules for Internal market and avoid gold-plating;
Amendment 29 #
2020/2262(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Commission´s commitment to introduce the “One in, one out” principle to cut red tape also for businesses in the Internal market; asks the Commission for annual report on burden reduction in the Internal market in the user-friendly way with the estimated cost reduction and a change in the number and size of laws;
Amendment 30 #
2020/2262(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes the fact that EU policy- making places a value on EU integration that is difficult to quantify; calls on the Commission to clarify the definition of the EU added value of a legislative proposals and the approach how the EU institutions should measure EU added value to prove an additional benefit from collective effort at EU level, compared with action by Member States;
Amendment 32 #
2020/2262(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Understands that the quality of the analytical efforts is often affected by insufficient monitoring and a lack of comparable EU wide data; notes that the requirement to collect data is often perceived as costly and an administrative burden by the Member States especially on businesses and hence is dropped during the legislative process; asks the Commission to include cost-effective and result-oriented data collection and monitoring methods in legislative proposals;
Amendment 41 #
2020/2262(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that over-regulation creates barriers in the Internal Market; calls on the Commission to conduct the study to measure and quantify the potential benefits of deregulation and simplification of the regulatory environment for the Union and each Member State and recommend improvements for each Member State based on identified best practices;
Amendment 46 #
2020/2262(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes that especially trade in services is strongly impacted by restrictive measures, welcomes the Commission study from 2017 on the Restrictiveness Indicator for Professional Services; urges the Commission to update the PRO-SERV indicator regularly to compare the trends in national rules and to identify best practices;
Amendment 49 #
2020/2262(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission to prepare an impact assessment for all proposals in the Commission Work Programme; recalls that in 19.5% of proposals Commission stated no need for an impact assessment and further 8.5% of proposals had exception not to have an impact assessment between 2015-2018; regrets that for two thirds of cases analysed there were doubts about whether the explanations were sufficient or adequate; calls on the Commission to extend the Regulatory Scrutiny Board mandate to the validation of the Commissions explanation for not presenting impact assessments;
Amendment 53 #
2020/2262(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Reminds the CJEU judgement in Case T-540/15 that the European institutions must in principle grant access, on specific request, to documents relating to ongoing trilogues; notes the administrative burden to specifically request each four-column document; calls on the Parliament, Council and Commission to publish all documents automatically to improve the trust of the citizens in the Union and the Single market;
Amendment 54 #
2020/2262(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Calls on the Commission to fully take into account the Court of Auditors recommendations to improve the evidence base for decision-making, promote, monitor and enforce the implementation and application of EU law; recalls the key challenges identified by the ECA including (i) the good quality and timely data and evidence that support consultation and impact assessment before decisions are made, (ii) develop an overall oversight framework with enforcement priorities and benchmarks for handling infringement cases, (iii) improving the transparency of the legislative process for instance by making consultation activities more visible and accessible;
Amendment 57 #
2020/2262(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Notes that according to the Court of Auditors impact assessment quality analyses in 2018, two out of the ten quality elements remained below the acceptable level even after the Commission’s services had revised their impact assessments;
Amendment 58 #
2020/2262(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5g. Regrets the persistent weaknesses of impact assessments which include a tendency to justify a pre-determined option, poor problem definition and a focus on actions which the Commission wants to do rather than on the results to be achieved;
Amendment 59 #
2020/2262(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5h. Regrets that according to Court of Auditors despite of the Interinstitutional agreement, only 3 impacts assessments were done by the European parliament and non by the Council for the substantial amendments to Commission proposals since 2016;
Amendment 60 #
2020/2262(INI)
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5i. Calls on the Commission to quantify costs and benefits of all considered options; regrets that only a quarter of impact assessments quantified costs and benefits fully;
Amendment 61 #
2020/2262(INI)
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5j. Calls on the Commission to increase the number of external experts in the Regulatory Scrutiny Board in order to establish a truly independent control mechanism.
Amendment 2 #
Amendment 6 #
2020/2217(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s intention to create a genuine single market for data as it will be the backbone of Europe’s data economy; considers that ensuring trust in digital services is fundamental for the digital single market and should be at the heart of both public policy and business models;
Amendment 8 #
2020/2217(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that information security and privacy is a key challenge in promoting data sharing; reminds the Expert Group report1a findings about the limited trust currently existing between a given private company or civil-society organisation and the public-sector body as it comes to the storage, access and processing of data which further prevents those collaborations from happening; in this respect understands that data providers may not be comfortable to share their data in the absence of the information security and privacy; calls on the Commission to firstly ensure significant improvement of security and privacy during the storage, access and processing of data in the public-sector before introducing a new framework; __________________ 1aTowards a European strategy on business-to-government data sharing for the public interest, Final report prepared by the High-Level Expert Group on Business-to-Government Data Sharing, 2020
Amendment 12 #
2020/2217(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. General principles of the Data strategy proposals (Subtitle 2)
Amendment 14 #
2020/2217(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Stresses that any strategy or proposal from the Commission should be accompanied by documents which inter alia include best practices, cost-benefit analyses, statistics and quantification of the detailed financial burden on the Union budget, the budgets of the Member States and operational costs for businesses, including SMEs;
Amendment 15 #
2020/2217(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Highlights the existing positive examples in B2B and B2G data sharing; calls on the Commission to test its goals using data-sharing pilots and sandboxes; stresses that without proven success, efficiency and value for money of pilot projects, the Union should neither support nor finance any complex project related to the digital transformation, including data sharing;
Amendment 17 #
2020/2217(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Calls on the Commission to promote sharing of all, not only high- quality data, and to introduce data-quality indicators, to measure consistency, timeliness and content quality;
Amendment 18 #
Amendment 19 #
2020/2217(INI)
Draft opinion
Paragraph 1 i (new)
Paragraph 1 i (new)
1i. Asks the Commission to provide an evidence on how many consumers are interested in Personal data spaces;
Amendment 27 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European values and fairness in competition; believes that citizens’ data could help in developing innovative green solutions and services, including green and digital, that would benefit European consumers and companies; asks the Commission to consider how to support data altruismsharing in full compliance with European legislation;
Amendment 33 #
2020/2217(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds that Commission´s Evaluation report on GDPR confirms that the GDPR, together with the Free Flow of Non-Personal Data Regulation ensures the free flow of data within the EU; urges the Commission, to properly describe reasons for the necessity of further legislation on Data spaces in order to avoid unnecessary administrative or regulatory burden;
Amendment 41 #
Amendment 57 #
2020/2217(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the European Parliament recommended to the Commission to consider analyses of certain data related measures in recently adopted resolution Digital Services Act: Improving the functioning of the Single Market;
Amendment 74 #
2020/2217(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Asks the Commission to particularly take into consideration the issues of confidentiality and protection of trade secrets in the context of the Data Economy very carefully;
Amendment 77 #
2020/2217(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the Commission and Member States to promote the data- sharing culture, led by example and share their data in the visible, users friendly, transparent and easily automated process;
Amendment 82 #
Amendment 83 #
2020/2217(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, includingperly assess the idea of European cloud services, including cost-benefit analyses to build cloud infrastructure and to create system superstructure on top of existing cloud services including cloud services based outside of the EU territory; considers the need to analyse interoperability issues, the need to create and improve codes of conduct, certification and standards, in a ‘cloud rulebook’; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid unnecessary transaction costs and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges. ;
Amendment 94 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the need to promote the most cost-effective cloud service solution in the Union regardless of their origin, highlights that both private and public sectors rely mostly on already existing cloud services provided by well- established global private companies in third countries;
Amendment 7 #
2020/2081(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to a joint statement on Belarus of EPP, S&D, Renew Europe, Greens/EFA and ECR groups in the European Parliament of 17 August 2020,
Amendment 29 #
2020/2081(INI)
Motion for a resolution
Recital A
Recital A
A. whereas despite the fundamental restrictions on basic freedoms and human rights that remain in Belarus, the EU policy of critical engagement with Belarus has produced some results in the form of signed agreements and increased cooperation; whereas future relations between the EU and Belarus will be defined in the Partnership Priorities to be agreed by both sideEU and new legitimate, democratically elected authorities in Belarus;
Amendment 32 #
2020/2081(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the people of Belarus share common European heritage and culture, while directly neighbouring three EU Member States; whereas situation in Belarus may have direct impact on the EU;
Amendment 45 #
2020/2081(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the OSCE ODIHR International Election Observation Mission noted an overallnone of either the parliamentary or presidential elections held in Belarus from 1994 to date have been free and fair, but despite these harsh undemocratic conditions the people of Belarus clearly voted for a change, after more than two decades of oppression; whereas recent presidential elections were neither free nor fair and even more than the previous ones were marred with disregard for the fundamental freedoms of assembly, association and expression during the 2019 parliamentary elections, whichand took place after a limited amount of campaigning and within an extremely restrictive environment that did not provide for a meaningful or competitive political contest overall;
Amendment 52 #
2020/2081(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the 2020 presidential elections have thus far followed the same pattern as the parliamentary electionssimilar pattern as previous elections; whereas after publication of falsified results, Belarusian people immediately organised peaceful protests, which were suppressed by brutal force, which resulted in thousands of protestors being arrested, tortured, wounded, and some even killed; whereas the United Nations human rights investigators alarmed on 01/09 that they had received reports of hundreds of cases of torture, beatings and mistreatment of anti-government protesters by police in Belarus and urged the authorities to stop any such abuse;
Amendment 88 #
2020/2081(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas human rights and democracy in Belarus have been deliberately and brutally restricted by the Belarusian authorities over the past decades, while representatives of the opposition, civil society and media in the country have been regularly arrested or otherwise persecuted;
Amendment 94 #
2020/2081(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the Belarusian regime seeks to intimidate and to disperse the Coordination Council of Belarus by targeting its members and launching a criminal case against them;
Amendment 96 #
2020/2081(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas Belsat TV channel, which is officially registered in Poland, so far has not been registered in Belarus, while its activities are under constant pressure and attacks, including brutal detentions of its journalists and fines imposed to its contributors amounting to USD 101,791 as of 18 June 2020;
Amendment 109 #
2020/2081(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas 26 years in power or Lukashenka had been marked by policies of undermining sovereignty and independence of the country and weakening of Belarusian identity, heritage and culture;
Amendment 162 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) acknowledge territorial integrity of Belarus and support the sovereignty of Belarus against pressure from the Russian Federation for deeper integration and remind Belarus that the European Union is open to further development of relations with the country both bilaterally and within the Eastern Partnership framework if Belarus meets conditions linked to democracy, the rule of law, international law, human rights and fundamental freedoms;
Amendment 165 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
Amendment 221 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) pay close attention to the presidential election campaign and insist that a lack of progress in conducting elections according to international standards and further crackdowns against the opposition will have direct adverse effects on relations wicall for holding new and transparent Presidential and Parliamentary elections in Belarus that would meet the democratic standards and call on the EU, OSCE, CoE to engage in dialogue with the Belarusian civil society with a view to launch a new electoral process, under the supervision of a new Electoral Commission, a body that can be trusted by all the parties including international observers, under the the EUight international scrutiny;
Amendment 226 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
(ea) deny recognition of the results of the elections held in Belarus on 9 August 2020 and Alexander Lukashenko as a legitimate leader President of Belarus; accordingly, call on him to respect the decision of the people of Belarus and peacefully step down;
Amendment 231 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e b (new)
Paragraph 1 – point e b (new)
(eb) applaud the Belarusian people for their courage and determination and to strongly support their desire for democratic change and freedom and basing their country’s future on principles of democracy, rule of law and human rights, so as to ensure freedom, independence, sovereignty and prosperity of the Republic of Belarus;
Amendment 233 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e c (new)
Paragraph 1 – point e c (new)
Amendment 236 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e d (new)
Paragraph 1 – point e d (new)
(ed) deplore persecution of the members of the opposition Coordination Council and call the authorities to enter into the dialogue with the protestors in order to end the violence and repressions and prepare a new elections;
Amendment 248 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point f a (new)
Paragraph 1 – point f a (new)
(fa) condemn efforts of the Belarusian regime to deny entrance to the country for Belarusians critical towards it, as well as independent journalists, human rights workers, as well as representatives of international community, including Members of the European Parliament;
Amendment 254 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
Amendment 270 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g c (new)
Paragraph 1 – point g c (new)
(gc) note that China's president was the first to congratulate Lukashenka after the elections; to express concerns over increasing Chinese investments in strategic infrastructure and warn about the effect of dependency it might create for Belarus;
Amendment 289 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) condemn the ongoing intimidation and persecution of opposition figures, including presidential hopefuls, civil society activists and independent journalists; strongly condemn the suppression of internet and media, road blockades, and intimidation of journalists in order to stop the flow of information about the situation in the country as well as denial of access to Belarus for international media, members of parliament or government of democratic community;
Amendment 300 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point i b (new)
Paragraph 1 – point i b (new)
(ib) welcome numerous acts of solidarity with the people of Belarus, including fundraising, charity and humanitarian assistance; in this regard condemn stopping of humanitarian aid transport organised by "NSZZ Solidarnosc";
Amendment 304 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point j a (new)
Paragraph 1 – point j a (new)
(ja) approve the European universal human rights sanctions (European Magnitsky Act) as a regime providing, at the EU level, for restrictive measures, including entry bans and freezing of funds, against individuals liable for violations of human rights and freedoms and responsible for other crimes;
Amendment 325 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point l a (new)
Paragraph 1 – point l a (new)
Amendment 362 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point o b (new)
Paragraph 1 – point o b (new)
(ob) work together with the European Commission in order to develop a comprehensive programme for Belarus after the new presidential elections are held, which would allow Belarus to transition towards a free market economy and an open democratic state;
Amendment 1 #
2020/2076(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines that the COVID-19 pandemic has altered the fundamentals of the European economy, both in terms of public finances and the private sector’s capacity to provide employment opportunities and invest resources in assets or innovations; it has also caused delays both in manufacturing and in obligatory adaptations stemming from legislation; moreover, it has shown the EU dependence in certain strategic value chains;
Amendment 9 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. RecognisesExpects, therefore that the Industrial Strategy, prepared prior to the outbreak and published at an early stage of the pandemic in Europe, will require substantial revision, to reflect the change in fundamentals and the new mission of the Von Der Leyen Commission: to return economies across the EU to growth and to strengthen all economies, both north and south and east and west, to the benefit of citizens and businesses;
Amendment 25 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that, based upon the comprehensive evidence base, the Commission’s new Industrial Strategy should prioritise the economic recovery and citizens' welfare and opportunities, so as to underline the common commitment to rebuilding the Single Market and delivering benefits for all Member States and their citizens; calls on the Commission to broaden the application of the ‘proportionality test’, so as to ensure all efforts, at all levels, support the development of a strong Single Market;
Amendment 39 #
2020/2076(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that EU industrial competitiveness relies on a fully functioning Single Market in Services; recalls the ongoing ‘servitisation’ process of industry; underlines that the Commission must consider how to address barriers to cross- border services as part of any revised set of priorities, given its well- documented potential for boosting competitiveness and growth across the EU;
Amendment 51 #
2020/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the importance of sustainability, which is central to plans to develop European industry; recalls in this regard the European Council conclusions of 12 December 2019, highlighting the need to establish a framework for actions that benefits all Member States and encompasses adequate instruments, incentives, support and investments to ensure a cost-effective, just, as well as socially balanced and fair transition; believes that this framework should take into account different national circumstances in terms of starting points;
Amendment 59 #
2020/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises that the public and private sector will encounter significant financial constraints in the coming years, impacting their ability to support a programme of investment and infrastructure development, particularly with regard to the Green Deal objectives; expresses concern about an unequal pace of development, particularly in less developed parts of the EU, where achieving transformation demands far more significant actions; strongly calls on the Commission in its revised Industrial Strategy to adopt a model with flexibility and support, in order that no one is left behind;
Amendment 66 #
2020/2076(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the significant role public procurement plays in shaping the trajectory of European industry; stresses that a common European market for public procurement offers significant opportunities for companies located both within and outside the EU; underlines therefore the need to recognise the reciprocity principle, in particular when European companies are denied equal opportunities in third countries;
Amendment 97 #
2020/2076(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Recalls that the automotive sector is touched by many of the transformations expected in the future economy and, additionally, has been deeply affected by the impact of the COVID-19 pandemic; considers that the revised Industrial Strategy should foresee particular actions for this sector, including appropriate financial support, stimulating demand for vehicles as part of removing older models from roads across the EU, not only in some Member States and removing any obstacles to innovations on the market, by unblocking type approval and registrations of the latest-technology vehicles and investing in future-oriented infrastructures like recharging and re- fuelling stations.
Amendment 104 #
2020/2076(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses the importance of measures and information channels to help small and medium-sized enterprises and start-ups to effectively digitise and advance into ‘industry 4.0‘; calls on the Commission and the Member States to offer support to start-ups and SMEs via additional financial commitments to the Single Market Programme and Digital Innovation Hubs to develop, deploy and protect their products and thus enable them to fully realise their potential for growth and jobs in Europe; stresses the importance of coordination with other important global players in emerging technologies, so as to create a globally compatible approach that would allow for free expansion of European companies, including SMES, on global markets, not only those in Europe;
Amendment 116 #
2020/2076(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Considers IPCEI projects to have a key role in strengthening different dimensions of the Internal Market, in view of their significant scale and use of financing; supports the use of cohesion policy funds to enhance the delivery of current and future projects, considering the opportunities they offer to support the advancement of European SMEs.
Amendment 4 #
2020/2018(INL)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the European Parliament resolution of 12 December 2018 on the single market package (2018/2903(RSP),
Amendment 7 #
2020/2018(INL)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Communication from the Commission of 10 March 2020, entitled “An SME Strategy for a sustainable and digital Europe” (COM/2020/103),
Amendment 9 #
2020/2018(INL)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the commitments made by the Commission in its “Political Guidelines for the next European Commission 2019-2024" and before the European Parliament on 10 September 2019,
Amendment 13 #
2020/2018(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the European Parliament resolution of 15 June 2017 on online platforms and the digital single market (2016/2276(INI),1a __________________ 1a OJ C 331, 18.9.2018, p. 135
Amendment 15 #
2020/2018(INL)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
Amendment 18 #
2020/2018(INL)
Motion for a resolution
Recital A
Recital A
A. whereas e-commerce influences the everyday lives of people, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may have contributed positively to unlocking the potential of the Digital Single Market,; whereas further discussion is needed in order to find out whether and how to enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;
Amendment 28 #
2020/2018(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and it may no longer adequately reflects the rapid transformation and expansion of e- commerce in all its forms, with its multitude of different emerging services, providers and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 29 #
2020/2018(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market as amended by Directive (EU) 2019/2161 (EU) and Directives (EU) 2019/770 and (EU) 2019/771 on certain aspects concerning contracts for the supply of digital content and digital services and contracts for the sale of goods have only recently been adopted; whereas other proposals such as the proposal for Regulation on preventing the dissemination of terrorist content online and the proposal for a Directive on representative actions for the protection of the collective interests of consumers are in the legislative process;
Amendment 30 #
2020/2018(INL)
Motion for a resolution
Recital C
Recital C
C. whereas, despite the clarifications made by the European Court of Justice, the need to go beyond the existing regulatory framework is clearly demonstrated by the fragmented approach of Member States to tackling illegal content online, by the lack of enforcement and cooperation between Member State, and by the inability of the existing legal framework to promote effective market entry and consumer welfarere seems to be a lack of enforcement and cooperation between Member States;
Amendment 36 #
2020/2018(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas recent efforts to introduce national regulations within the scope of the announced Digital Services Act could undermine the achievements made regarding the Digital Single Market and introduce barriers to the detriment of cross-border commerce;
Amendment 40 #
2020/2018(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the social and economic challenges brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomiCOVID-19 outbreak caused major supply and demand shocks, adversely affected European businesses and has brought new social and economic challenges of the current regulatory framework which call for action at Union level to address the difficulties identified and to prevent them from happenthat deeply affect our citizens; whereas the e-commerce sector showed resilience and offers potential as a driver for relaunching in the futureEuropean economy;
Amendment 47 #
2020/2018(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas legal certainty and business-friendly legislation is essential to seed and grow innovative businesses in the Union, and to further close the gap to the global digital leaders;
Amendment 55 #
2020/2018(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the E-Commerce Directive requires platforms to take down illegal activity and illegal information but does not define them, which makes it hardly distinguishable from other harmful but not illegal content;
Amendment 57 #
2020/2018(INL)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas not the occasional reprehensible cases, but rather relevant data, statistics and analyses should demonstrate a need for any further measures;
Amendment 67 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reminds that it is of an utmost importance to prepare the proposal cautiously, following facts, statistics and best practices rather than several condemnable cases, outdated or partial statistics, in order to avoid any unintended consequences, hampering innovation and choice of consumers; stresses that gold- plating practices of Union legislation by Member States and unnecessary regulatory burdens or unnecessary restrictions must be avoided and the new obligations for platforms should be proportional and their meaning clear;
Amendment 71 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Reiterates its belief that an evidence-based approach is essential for generating a comprehensive understanding in this field; asks the Commission to provide a detailed analysis on the need for and impact of the Digital Single Act package;
Amendment 73 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Given the specific nature of the services covered by the E-Commerce Directive and the need to involve highly specialized experts, asks the Commission to provide a detailed quantification of the financial burden of the future proposal on the Union budget and the budgets of the Member States;
Amendment 74 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Welcomes the Commission soft- law instruments used in recent years to help understanding of legislative environment of platforms for all stakeholders, such as Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online; believes that the Commission should issue guidelines and recommendations for explaining digital services regulatory environment in order to secure rights of online users while stimulating innovation;
Amendment 95 #
2020/2018(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. ConsiderStresses that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of; considers that the consumer protection and user safety, should also become guiding principles of the future regulatory framework;
Amendment 98 #
2020/2018(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that rules on consumer protection and user safety, including their enforcement rules, are well established by both, the EU and national legislation; Asks the Commission to provide analyses about the enforcement of these rules and potential shortcomings in enforcement;
Amendment 100 #
2020/2018(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a future-prooffair competition and a predictable, comprehensive EU-level framework and fair competiwithout unnecessary burdens and restrictions are crucial in order to promote the growth of all businesses in the field, including European small- scale platforms, small and medium enterprises (SMEs) and start-ups, prevent market fragmentation and provid and provide businesses, including the European businessesones, with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;
Amendment 110 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 123 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;
Amendment 125 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considerdifferentiating between the “digital” single market and the “offline” single market does not describe market realities; supports a level playing field for all participants of the internal market; notes that social protection and social rights of workers, especially of platform or collaborative economy workers are subject to national policies and should be properonly addressed ion a specific instrument, accompanying the future regulatory frameworkthe EU level in accordance to the proportionality and subsidiarity principles;
Amendment 139 #
2020/2018(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights and particularly the safeguard of freedom of speech and expression, should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market;
Amendment 155 #
2020/2018(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Asks the Commission to take into account whether reciprocal obligations from third countries adopted in reaction to the new EU rules would not hamper provision of services by EU based companies in third countries;
Amendment 158 #
Amendment 159 #
2020/2018(INL)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Reminds a common interest to support and enhance research, innovation and growth of competition on the digital market; notes that different rules for different providers of information society services, based on their size or other criteria might violate the meaning of fair competition rules; notes that too prescriptive and strict rules have the potential to hamper innovation;
Amendment 170 #
2020/2018(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in termsshould cooperate ofn protecting users and society at large and on preventing their services from being exploited abusively.
Amendment 172 #
2020/2018(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that confusing the role a private platform should play with those more properly within the remit of public bodies charged with enforcing or setting the law is unacceptable and creates risks for both citizens and businesses, neither of which are qualified to take such decisions;
Amendment 177 #
2020/2018(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce fundamental rights; considers that any reflection should consider how to reinforce fundamental rights, especially freedom of expression; recalls in this respect certain established self-regulatory and co-regulatory schemes such as the Code of Practice on disinformation, which have played a positive role in addressing those issues and could serve as a basis for future legislation;
Amendment 188 #
2020/2018(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that as it is the case with the E-Commerce Directive, the Digital Services Act should achieve the right balance between the internal market freedoms and the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union;
Amendment 189 #
2020/2018(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the Digital Services Act should achievebe based on the pright balance betweennciples of the internal market freedoms and the fundamental rights and principles set out in the Charterrecognition of Ffundamental Rrights of the European Union;
Amendment 197 #
2020/2018(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are toexposed the challenges EU consumers may face when shopping online, e.g. misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; recalls however, the number of proactive measures introduced by some online platforms that are addressing these issues;
Amendment 206 #
2020/2018(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established; and recalls that recent legislation adopted under the « New Deal for Consumers » imposes transparency obligations on marketplaces, making it clear with whom a consumer is contracting;
Amendment 220 #
2020/2018(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customonline sellers, and the minimum information requirements on commercial communications, should be substantially strengthenproperly analysed and subsequently, if needed, improved;
Amendment 234 #
2020/2018(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to analyse the need to require service providers to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensurequire that the information they provide is accurate and up-to-date;
Amendment 248 #
2020/2018(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and information; considers that these obligations should be enforced by appropriate, proportionate, effective and dissuasive penalties;
Amendment 258 #
2020/2018(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthenfrequently reviewed; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing cannot be addressed by transparency obligawere recently addressed in the “New Deal for Consumers”3a legislation which awaits full transpositions and left to consumer choice aloneenforcement; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22). 3aDirective of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules
Amendment 274 #
2020/2018(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of inputs for algorithms, as well as liability; points out the need to monitor algorithms annd outputs for which are algorithms optimised; points out the need to assess associated risks of using AI, to use high quality and unbiased underlying datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;
Amendment 287 #
2020/2018(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; believes that it is and it should be possible for consumers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems; believes that a decision issued via automated decision- making should be a subject of a remedy which is made out of an automated system, i.e. by human assessment;
Amendment 294 #
2020/2018(INL)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that automated content moderation tools are incapable of effectively understanding the subtlety of context and meaning in human communication, which is necessary to determine whether assessed content may be considered to violate the law or terms of service; stresses therefore that the use of such tools should not be mandated by law;
Amendment 316 #
2020/2018(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online; believes, however, that a more aligned approach at Union level, taking into account the different types of content,recalls the fact that misinformative and harmful content is not always illegal; requests further to establish a definition of illegal information and activities to simplify compliance; believes, that a more aligned approach at Union level will make the fight against illegal content more effective;
Amendment 332 #
2020/2018(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but additional measures are needed in order to ensure the swift detection and removal of illegal content online; ; points that codes of conduct on countering illegal hate speech online improved the response of the platforms to the flagged content to 89% within 24 hours, 95 % under 48 hours, 99.3 % in a week; asks the Commission for the code of conduct on actions related to feedback provided to users of platforms, to ensure that users are informed how their notifications were resolved;
Amendment 341 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Considers that more legal clarity is needed to encourage platforms and information society services providers to engage in additional voluntary actions for content moderation, above what is required by law; points out that the current EU legal regime creates an incentive for platforms and information society services providers to either refrain from taking reasonable proactive moderation, or to over-remove valuable content in the course of moderating for fear of losing their safe harbour protections and facing legal consequences;
Amendment 346 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Considers that any deployment of voluntary measures for content moderation shall not be treated as information society services providers having actual knowledge about illegal activities happening on their platforms, underlines that information society services providers shall not be held liable if they have not obtained actual knowledge or awareness of such activities; stresses that the limited liability principle has been one of the key enablers of European innovation;
Amendment 348 #
2020/2018(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of nationalo which extend national rules in the Member States are circumventing the basic rules in of the Member StatesE-Commerce Directive - the country of origin principle and to propose concrete non-legislative or legislative measures including a transparent notice- and-action mechanism, that can empower both users to notifyand online intermediaries of the existence ofto deal appropriately with potentially illegal online content or behaviour, help information service providers to make faster and more precise decision on content moderation and which could empower the enforcement authorities to apply existing rules in a coherent and legally sound way; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy; stresses that content moderation rules and decisions should be clear and predictable for consumers;
Amendment 353 #
2020/2018(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a well- defined notice- and-actiotakedown mechanism with boundaries, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; highlights that such mechanism could be only complete if it is introduced together with a counter-notice mechanism; is of the opinion that such measures would guarantee a high level of users' and consumeprotection to all actors' protectionarticipating in the system, while promoting consumer trust in the online economy;
Amendment 372 #
2020/2018(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; reminds that the “primary” liability for illegal content should stay with a person uploading this content and should be different in volume and severity from “secondary” liability of service provider, i.e. responsibility for timely removal of illegal content;
Amendment 383 #
2020/2018(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Asks the Commission to consider the introduction of the good Samaritan clause whereby service providers that use voluntary measures to detect and remove illegal content online should not lose their liability protection; reminds that voluntary content moderation measures does not necessarily means full knowledge about illegal content uploaded by users and cannot in any case mean introduction of general monitoring principle in any form;
Amendment 407 #
2020/2018(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards; notes in this context the existence of the Rapid Alert System for dangerous non- food products;
Amendment 423 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Asks the Commission to provide exact data and analyses on unsafe and dangerous products originated from both the Union and third countries;
Amendment 439 #
2020/2018(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy; notes, however, that concentration in the digital economy as measured by the Herfindahl-Hirschman Index (HHI) is actually stagnating or decreasing;
Amendment 451 #
2020/2018(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms, including regulatory barriers, has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone; stresses that ex-ante measures should be in line with the antitrust rules within the competition framework of the Union;
Amendment 469 #
2020/2018(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Believes that, in view of the cross- border nature of digital services, effective supervision and cooperation between Member States, including sharing the best practices, is key to ensuringe the proper enforcement of the Digital Services Act;
Amendment 498 #
2020/2018(INL)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to gather information on all alternative dispute settlement solutions in Member States, provide data on their functioning and analyse whether there is a need and a possibility to strengthen and modernise the current provisions on out-of-court settlement and court actions to allow for an effective enforcement and consumer redress;
Amendment 504 #
2020/2018(INL)
Motion for a resolution
Annex I – part -I (new)
Annex I – part -I (new)
-1 The Digital Services Act package should be evidence-based and its impact assessment should inter alia include quantification of the financial burden on the Union budget and the budgets of the Member States;
Amendment 514 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 3
Annex I – part I – paragraph 3
The Digital Services Act should provide consumers and economic operators, especially micro, small and medium-sized enterprises, with legal certainty and transparency, support innovation while reducing barriers to market entry and provision of services, including regulatory barriers;
Amendment 536 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2
Annex I – part I – paragraph 6 – indent 1 – subi. 2
- clear and detailed procedures and measures related to the removal of illegal content online, including a harmonised legally-bindingcode of conduct on European notice-and -action mechanism;
Amendment 538 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3
Annex I – part I – paragraph 6 – indent 1 – subi. 3
- effective national supervision, cooperation and sanctionmong Member States and proportionate sanctions with the preference for behavioural remedies;
Amendment 545 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 2
Annex I – part I – paragraph 6 – indent 2
- an internal market legal instrument imposing ex-ante obligations on large platforms with a confirmed gatekeeper role in the digital ecosystem, complemented by an effective institutional enforcement mechanism.
Amendment 548 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 1
Annex I – part II – paragraph 1
In the interest of legal certainty, the Digital Services Act should clarify which digital services fall within its scope. The new legal act should follow the horizontal nature of the E-Commerce Directive and apply not only to online platforms but to all digital services, which are not covered by specific legislation;
Amendment 562 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 4
Annex I – part II – paragraph 4
The Digital Services Act should maintain the possibility for Member States to set a highern effective level of consumer protection, maximizing consumer welfare and pursue legitimate public interest objectives in accordance with EU law;
Amendment 567 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 6
Annex I – part II – paragraph 6
The Digital Services Act should also clarify in a coherent way how its provisions interact with recently adopted rules on geo-blocking, product safety, platforms to business relations and consumer protection, among others, and other anticipated initiatives such as AI regulation;
Amendment 573 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
Annex I – part III – paragraph 1 – indent 1
- clarify if and to what extent “new digital services”, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
Amendment 581 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4
Annex I – part III – paragraph 1 – indent 4
- clarify of what falls within the remit of the "illegal content” definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal content;
Amendment 582 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4
Annex I – part III – paragraph 1 – indent 4
- clarify of what falls within the remit of the "illegal content” definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal contentand “illegal activity” definitions;
Amendment 592 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators and their trends that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a problematic systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users, user time spent), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, any barrier to provision of services by its competitor etc.
Amendment 605 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Amendment 623 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – introductory part
Annex I – part IV – paragraph 1 – subparagraph 2 – introductory part
The Digital Services Act should require service providers to adopt fair and transparent contract terms and general conditions in compliance with at least the followingcombining existing and new requirements:
Amendment 626 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2
Amendment 631 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
Amendment 634 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4 a (new)
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4 a (new)
- to ensure that cancellation process is similarly effortless as the sign-up process (with no “dark patterns” or other influence on consumer decision);
Amendment 647 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
- TheIf technically feasible, proportionate and proven to provide the added-value, transparency requirements shcould include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement;
Amendment 648 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
- The transparency requirements should include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement;
Amendment 652 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 4
Annex I – part IV – paragraph 1 – subheading 3 – indent 4
- if proven by analyses, Article 7 of the E-Commerce Directive should be revised or supported by effective enforcement measures in order to protect consumers from unsolicited commercial communications online.
Amendment 655 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4
Annex I – part IV – paragraph 1 – subheading 4
Amendment 659 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4
Annex I – part IV – paragraph 1 – subheading 4
Amendment 684 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4
Annex I – part IV – paragraph 1 – subparagraph 4
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of reasonable fines.
Amendment 689 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – introductory part
Annex I – part V – paragraph 1 – introductory part
The Digital Services Act or other ancillary non-legislative measures should provide clarity and guidance regarding how online intermediaries should tackle illegal content online while fully respecting the “no general monitoring” principle. The revised rules of the E- Commerce Directive should:
Amendment 718 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 1
Annex I – part V – subheading 1
1. A notice-and-actiotakedown mechanism
Amendment 722 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – introductory part
Annex I – part V – paragraph 2 – introductory part
The Digital Services Act should establish a harmonised and legally enforceablecreate non-binding guidelines for notice-and- action mechanism based on a set of clear processes and precise timeframes for each step of the notice-and- action procedure. That notice-and-action mechanism should:
Amendment 724 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 1
Annex I – part V – paragraph 2 – indent 1
- apply only to illegal online content or behaviour;
Amendment 752 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 11
Annex I – part V – paragraph 2 – indent 11
- create an obligation for the online intermediaries to verify the notified contentcontent of the notice and reply to the notice provider and the content uploader with a reasoned decision;
Amendment 753 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 12
Annex I – part V – paragraph 2 – indent 12
- provide remedies to contest the decision via a counter-notice, including if the content that has been removed via automated solutions, if technically feasible and free from the risk of exposing the underlying technology and allowing « gaming » of the system, or unless such a counter- notice would conflict with an ongoing investigation by law enforcement authorities.
Amendment 767 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 2 – indent 3
Annex I – part V – subheading 2 – indent 3
- All interested parties should have the right to contest the decision through a counter-notice and by having recourse to out-of-court dispute settlement mechanism; to this end, the rules of Article 17 of the E-Commerce Directive should be revised.
Amendment 781 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 – indent 5
Annex I – part V – paragraph 3 – indent 5
- the description of the content moderation model applied by the hosting intermediary, as well as any algorithmic decision making which influences the content moderation process.
Amendment 793 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 5
Annex I – part V – paragraph 5
The Digital Services Act should address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit- making purposes and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active nature.
Amendment 804 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 6 a (new)
Annex I – part V – paragraph 6 a (new)
Voluntary measures A voluntary measures clause would encourage companies to engage in additional voluntary actions for content moderation, above what is required by law. The purpose would be to remove an assumption and a risk that if a company engages in a good faith in such voluntary actions, it automatically loses the safe harbour protection. In the current legislative environment, companies undertake such measures at their own risk, as they may incur liability for failing to act in relation to illegal content that they identify, even when they conclude in good faith that the content need not be removed. The risk of liability creates a perverse incentive for companies to either refrain from taking reasonable proactive moderation, or to over-remove valuable content in the course of moderating and consequently possibly violating the freedom of speech or other fundamental rights. A voluntary measures clause would also ensure that where a platform or an information society service provider has voluntarily reviewed one or more pieces of content in respect of one or more types of unlawfulness (or for violations of its content policies, e.g., defamation), the provider is not deemed to have knowledge of the unlawfulness of other, unreviewed, pieces of content on its platform (copyright violations). Equally, the provision would ensure that where the information society service provider has voluntarily reviewed content in respect of one or more types of unlawfulness (or for violations of its content policies), the provider is not deemed to have knowledge of all of the other potential ways in which that same content might be unlawful.
Amendment 813 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4
Annex I – part VI – paragraph 2 – indent 4
- ensure that online marketplaces remove, in accordance with notification made by relevant authorities any misleading information given by the supplier or by customers, including misleading guarantees and statements made by the supplier;
Amendment 825 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hoursreasonable time;
Amendment 844 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9
Annex I – part VI – paragraph 2 – indent 9
- explore expanding the commitment made by somepositive incentives that could e-ncommerce retailers and the Commission to remove dangerous products from sale more rapidly under the voluntary commitment scheme called “Product Safety Pledge” and indicate which of those commitments could become mandatoryurage further companies to join the voluntary commitment scheme called “Product Safety Pledge”.
Amendment 858 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
Annex I – part VII – paragraph 2 – indent 1
- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair marketmarket failures caused by the behaviour byof “systemic platforms” in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;
Amendment 863 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2
Annex I – part VII – paragraph 2 – indent 2
- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “systemic platforms”, from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking- in consumers; in response to detailed findings by a regulatory authority, undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this prior to any order entering into force;
Amendment 865 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2
Annex I – part VII – paragraph 2 – indent 2
- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “systemic platforms”, from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking- in consumers yet authorities should bear the burden of proof for this; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;
Amendment 869 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3
Annex I – part VII – paragraph 2 – indent 3
Amendment 874 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 4
Annex I – part VII – paragraph 2 – indent 4
- empower regulatory authorities to adopt interim measures, and to impose behavioural remedies in the first instance and if these are not satisfied within the time limit settled by authorities, subsequently proportionate fines on “systemic platforms” that fail to respect the different regulatory obligations imposed on them;
Amendment 881 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
Annex I – part VII – paragraph 2 – indent 6
- impose highappropriate levels of interoperability measures requiring “systemic platforms” to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems, taking into account the trade-off between interoperability and the potential risks of data sharing for consumers. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it. Related detailed estimations of the financial burden on the EU or national budgets must be included in the impact assessment of the Digital Services Act package.
Amendment 884 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
Annex I – part VII – paragraph 2 – indent 6
- impose high levels of interoperability measures requiring “systemic platforms” operating in the same markets to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms operating in the same markets or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it.
Amendment 6 #
2020/2007(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the European Professional Card enhances safe professional mobility and creates a framework for a simpler, faster and more transparent recognition of the qualifications;
Amendment 17 #
2020/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that, in the present health crisis, free movement of workers in the field of health services clearly demonstrates the benefits of the PQD;, especially given its digital elements and proven effectiveness in facilitating labour mobility1a; calls to further expand the list of professions that could be governed within the framework of the EPC to offer swift and less burdensome way of recognising qualifications for European workers; __________________ 1aKoumenta, M. and Pagliero, M., Measuring Prevalence and Labour Market Impacts of Occupational Regulation in the EU, 2016, p. 88.
Amendment 24 #
2020/2007(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines, that uninterrupted mobility of health professionals and carers should be ensured where possible, in view of the COVID-19 pandemic as well as future demographic challenges;
Amendment 30 #
2020/2007(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that insufficient national implementation of existing legislation continues to seriously hamper the free mobility of workers within the EU to the detriment of workers and the European economy as a whole; urges the Members States to refrain from gold-plating the legislation in order to safeguard their markets from fair competition; points at lack of harmonised interpretation of EU law by the Member States such as the recently revised Posting of Workers Directive 2018/957/EU, which leads to lack of legal clarity and bureaucratic burdens for companies providing services in various Member States;
Amendment 35 #
2020/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regrets insufficient access to information with regards to mobility of services; underlines that information available on single official national websites is often provided in few languages only and limited in scope; underlines, that access to information on domestic collective agreements is especially difficult; calls on the relevant European and national authorities to take appropriate steps aimed at establishing a single template for single official national websites and to make them compatible with SDG to ease access to relevant information between different Members States;
Amendment 54 #
2020/2007(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the Services Directive and the PQD builds on the principle of mutual recognition to facilitate free movement of services and recommends to extend this principle to the Services Directive; believes that the continuous updating of the Annex V of the PDQ, which lists all the qualifications that comply with the minimum requirements could further benefit professionals in Europe; calls on the Member States to extend mutual recognition to more levels of education and to improve or introduce the necessary procedures as soon as possible;
Amendment 63 #
2020/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the Commission to fully enforce existing rules and to make quick decisions on complaints to ensure that relevant issues from an end-user perspective are promptly handled and efficiently settled; calls for alternative resolution mechanisms to be assessed and for infringement procedures to be applied swiftly and rigorously whenever breaches of relevant legislation are identified or disproportionate burdens introduced;
Amendment 67 #
2020/2007(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that mobility of labour and services complexity increased in the recent years due to number of new European and national rules; calls on the Commission to regularly screen the Internal Market for administrative burdens and to lift them; asks the Commission and the Members States to devote additional resources to improve the functioning of the SOLVIT system as a way for a swift resolution of administrative problems in the Member States;
Amendment 76 #
2020/2007(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to improve tools such as the Points of Single Contact and the Single Digital Gateway and on the Member States to use such tools to provide workers, consumers and businesses with accurate and easily accessible information regarding their rights and obligations related to free movement within the single market.; recalls the need to accelerate the modernisation of the public administration so that it can process communication with citizens and businesses in a digital way;
Amendment 80 #
2020/2007(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises that due to the growing volume of labour and services’ mobility, digitalisation is a must; is of the opinion that the digital tools designed to facilitate mobility of labour and services as well as an exchange of the information between the different social security systems, such as digital A1Portable Document form, will improve workers’ protection, reduce administrative burdens and improve Member States cooperation;
Amendment 85 #
2020/2007(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Supports the Commission's Communication on "Long term action plan for better implementation and enforcement of Single Market rules" especially the proposals to: reinforce SOLVIT as a tool for Single Market dispute resolution, increase the Commission activity and support to the Member States as they transpose the EU law to ensure correct and harmonised interpretation across the Internal Market, create a Single Market obstacles tool under the Single Digital Gateway, allowing citizens and businesses to report anonymously on regulatory obstacles encountered by them while exercising their internal market rights; highlights further that the Commission should act decisively to mitigate discovered obstacles, as in the past identifying issues itself frequently led to little few achievements;
Amendment 86 #
2020/2007(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Member States, to implement the updated Commission Guidelines concerning the exercise of the free movement of workers during COVID- 19 outbreak in order to allow workers, in particular transport, frontier, posted and seasonal workers, and service providers to cross borders and have access to their place of work, unless imposed restrictions are dully justified; calls on the Commission to actively collect and present in a comprehensive way all relevant information including sanitary obligations and restrictions present in various Member States;
Amendment 470 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘Business user’ means any natural or legal person acting in a commercial or professional capacity using core platform services on the basis of contractual relationships with the provider of those services for the purpose of or in the course of providing goods or services to end users;
Amendment 476 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered through online intermediation services or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services or of online social networking services or by providers of online search engines, respectively, whateverirrespective of the technological means used for such presentation, organisation or communication;
Amendment 502 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongsit provides a core platform service that achieves an annual EEA turnover equal to or above EUR 6.58 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a core platformthis service in at least three Member States;
Amendment 524 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within three months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated wheneverin respect of other core platform services individually meet the thresholds in paragraph 2 point (b)no later than three months after those services individually meet the thresholds in paragraph 2. Where core platform services fall below those thresholds after being notified, the provider shall notify the Commission thereof within three months after those thresholds no longer apply.
Amendment 530 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Amendment 542 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 588 #
2020/0374(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The Commission shall regularly, and at least every 2 years, review whether the designated gatekeepers continue to satisfy the requirements laid down in Article 3(1), or whether new providers of core platform services satisfy those requirements. The regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted, in particular following any notification provided under Article 3(3).
Amendment 622 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to end users acquired via the core platform service, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper;
Amendment 767 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(e a) allow business users to promote offers including under different conditions to end users acquired via the core platform service or through other channels, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not;
Amendment 770 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, where such interoperability does not present a disproportionate technical obstacle nor impedes legitimate product development, quality or functionality improvements, maintenance or improvement of system integrity or ensuring user safety or security;
Amendment 796 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the exercise of data portability, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access ;
Amendment 804 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
Amendment 842 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The measures implemented by the gatekeeper to ensure compliance with the obligations laid down in Articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. In the implementation of these measures, the gatekeeper may take reasonable, proportionate and adequately justified steps to ensure service integrity, user security and core functionality of its core platform services. The gatekeeper shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety.
Amendment 860 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it mayshall by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18.
Amendment 867 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings within three months from the opening of the proceedings to the gatekeeper. It shall, in addition, publish a concise summary of the draft measures the gatekeeper is expected to implement to ensure effective compliance with the obligations of this Regulation. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings. The Commission shall invite all interested parties to submit their observations within a reasonable time limit, specified by the Commission in its publication. Publication shall have regard to the legitimate interest of undertakings in the protection of their commercial secrets
Amendment 912 #
2020/0374(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 1037 #
2020/0374(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this Regulation. It shall issue a public report at the latest within 2418 months from the opening of the market investigation.
Amendment 1041 #
2020/0374(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Amendment 1161 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When threewo or more Member States request the Commission to open an investigation pursuant to Article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation.
Amendment 1187 #
2020/0374(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 1193 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The evaluations shall establish whether additional rules revision to the rules contained herein, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
Amendment 229 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and alsunderpin the general idea that what is illegal offline should also be illegal online. The concept should be defined broadly to covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 237 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher. Furthermore, cloud services that have no active role in the dissemination, monetisation and organisation of the information to the public or end users, at their request, should not be considered as online platforms.
Amendment 246 #
2020/0361(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined persons. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. Concept of 'dissemination to the public' should not apply to cloud services, including business-to-business cloud services, with respect to which the service provider has no contractual rights concerning what content is stored or how it is processed or made publicly available by its customers or by the end-users of such customers, and where the service provider has no technical capability to remove specific content stored by their customers or the end-users of their services. Where a service provider offers several services, this Regulation should be applied only in respect of the services that fall within its scope. __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
Amendment 255 #
2020/0361(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The legal certainty provided by the horizontal framework of conditional exemptions from liability for providers of intermediary services, laid down in Directive 2000/31/EC, has allowed many novel services to emerge and scale-up across the internal market. That framework should therefore be preserved. However, in view of the divergences when transposing and applying the relevant rules at national level, and for reasons of clarity and coherence, that framework should be incorporated in this Regulation. It is also necessary to clarify certain elements of that framework, having regard to case law of the Court of Justice of the European Union, as well as technological and market developments.
Amendment 266 #
2020/0361(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) A provider of intermediary services that deliberately collaborates with a recipient of the services in order to undertake illegal activities does not provide its service neutrally andor the main purpose of which is to engage in or facilitate such activities should therefore not be able to benefit from the exemptions from liability provided for in this Regulation.
Amendment 270 #
2020/0361(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) A provider should be able to benefit from the exemptions from liability for ‘mere conduit’ and for ‘caching’ services when it is in no way involved with the information transmitted. This requires, among other things, that the provider does not modify the information that it transmits. However, this requirement should not be understood to cover manipulations of a technical nature, such as network management, which take place in the course of the transmission, as such manipulations do not alter the integrity of the information transmitted.
Amendment 304 #
2020/0361(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Whilst the rules in Chapter II of this Regulation concentrate on the exemption from liability of providers of intermediary services, it is important to recall that, despite the generally important role played by those providers, the problem of illegal content and activities online should not be dealt with by solely focusing on their liability and responsibilities. Where possible, third parties affected by illegal content transmitted or stored online should attempt to resolve conflicts relating to such content without involving the providers of intermediary services in question. Recipients of the service should be held liable, where the applicable rules of Union and national law determining such liability so provide, for the illegal content that they provide and may disseminate through intermediary services. Where appropriate, other actors, such as group moderators in closed online environments, in particular in the case of large groups, should also help to avoid the spread of illegal content online, in accordance with the applicable law. Furthermore, where it is necessary to involve information society services providers, including providers of intermediary services, any requests or orders for such involvement should, as a general rule, be directed to the actor that has the technical and operational ability to act against specific items of illegal content or that ability originates from the regulatory or contractual provisions, so as to prevent and minimise any possible negative effects for the availability and accessibility of information that is not illegal content. Consequently, providers of intermediary services should act on the specific illegal content only if they are in the best place to do so, and the blocking orders should be considered as a last resort measure and applied only when all other options are exhausted.
Amendment 307 #
2020/0361(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, although they do not fall within the obligations under this Regulations, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
Amendment 314 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature, imposing constant content identification from the entirety of available content. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content.
Amendment 378 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Nonetheless, the provider should have the possibility to reject a given notice if there is another entity with more granular control over the alleged content or the provider has no technical capability to act on a specific content. Therefore, the blocking orders should be considered as a last resort measure and applied only when all other options are exhausted. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
Amendment 452 #
2020/0361(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) In view of the particular responsibilities and obligations of online platforms, they should be made subject to transparency reporting obligations, which apply in addition to the transparency reporting obligations applicable to all providers of intermediary services under this Regulation. For the purposes of determining whether online platforms may be very large online platforms that are subject to certain additional obligations under this Regulation, the transparency reporting obligations for online platforms should include certain obligations relating to the publication and communication of information on the average monthly active recipientend users of the service in the Union.
Amendment 454 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The parameters should include, if applicable, the optimisation goal selected by the advertiser, information on the use of custom lists, information on the use of lookalike audiences and in such case – relevant information on the seed audience and an explanation why the recipient of the advertisement has been determined to be part of the lookalike audience, meaningful information about the online platform’s algorithms or other tools used to optimise the delivery of the advertisement, including a specification of the optimisation goal and a meaningful explanation of reasons why the online platform has decided that the optimisation goal can be achieved by displaying the advertisement to this recipient. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 468 #
2020/0361(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipientactive end users of the service, in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result.
Amendment 471 #
2020/0361(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses may have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipientactive end users exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. In the process of establishing the methodology to calculate the total number of active end users, the Commission should take due account of the different type of platforms and their operations, as well as the potential need for the end user to register, engage in transaction or content in order to be considered as an active end user. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means.
Amendment 487 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms mayshould reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They mayshould also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 539 #
2020/0361(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In the absence of a general requirement for providers of intermediary services to ensure a physical presence within the territory of one of the Member States, there is a need to ensure clarity under which Member State's jurisdiction those providers fall for the purposes of enforcing the rules laid down in Chapters III and IV by the national competent authorities. A provider should be under the jurisdiction of the Member State where its main establishment is located, that is, where the provider has its head office or registered office within which the principal financial functions and operational control are exercised. In respect of providers that do not have an establishment in the Union but that offer services in the Union and therefore fall within the scope of this Regulation, the Member State where those providers appointed their legal representative should have jurisdiction, considering the function of legal representatives under this Regulation. In the interest of the effective application of this Regulation, all Member States should, however, have jurisdiction in respect of providers that failed to designate a legal representative, provided that the principle of ne bis in idem is respected. To that aim, each Member State that exercises jurisdiction in respect of such providers should, without undue delay, inform all other Member States of the measures they have taken in the exercise of that jurisdiction. In addition in order to ensure effective protection of rights of EU citizens that take into account diverse national laws and difference in socio- cultural context between countries, a Member State should exercise jurisdiction where it concerns online social networking services provided by very large online platforms which offer services to a significant number of recipients in a given Member State. Member States jurisdiction is particularly important in case of very large online platforms which are social networks because they play a central role in facilitating the public debate.
Amendment 567 #
2020/0361(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including equality between women and men, and non- discrimination, data protection, competition, electronic communications, audiovisual services, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
Amendment 649 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'active end user' means an individual successfully accessing an online interface and having significant interaction with it, its product or service;
Amendment 689 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any specific information,, which, in itself or by its reference to an or activity, including the sale of products or provision of services, which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
Amendment 698 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, stores and disseminates to the public information, unless that activity is a minor andor a purely ancillary feature of another service or functionality of the principal service and, for objective and technical reasons, cannot be used without that other service, and the integration of the feature or functionality into the other service is not a means to circumvent the applicability of this Regulation.
Amendment 703 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘online social networking service’ means a platform that enables end users to connect, share, discover and communicate with each other across multiple devices and, in particular, via chats, posts, videos and recommendations;
Amendment 710 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘dissemination to the public’ means taking an active role in making information available, at the request of the recipient of the service who provided the information, to a potentially unlimited number of third parties;
Amendment 748 #
2020/0361(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, or an improvement of the security of that transmission, the service provider shall not be liable for the information transmitted, on condition that the provider:
Amendment 750 #
2020/0361(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Article shall not affect the possibility for a court or functionally independent administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement.
Amendment 805 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order via a secure communications channel to act against a specific or multiple items of illegal content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
Amendment 839 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(ca) the actor receiving the order has technical and operational ability to act against specific, notified illegal content and has direct control over it.
Amendment 847 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. The Digital Services Coordinator of each Member State, on its own initiative and within 96 hours of receiving a copy of the order to act through the system developed in accordance with paragraph 4a of this Article, shall have the right to scrutinise the order to determine whether it infringes the respective Member State's law and deem it invalid on its own territory by adopting a reasoned decision.
Amendment 848 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. Where the Digital Services Coordinator adopts a reasoned decision in accordance with paragraph 3a, (a) the Digital Services Coordinator shall communicate that decision to the authority that issued that order and the concerned provider of the service, and, (b) after receiving a decision finding that the content was not in fact illegal, the concerned provider shall immediately reinstate the content or access thereto in the territory of the Member State of the Digital Services Coordinator who issued the decision.
Amendment 854 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Commission shall adopt implementing acts, organising a European information exchange system, allowing for secure communication and authentication of authorised orders between relevant authorities, Digital Services Coordinators and providers, as referred to in Articles 8(1), 8a(1) and 9(1). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 70.
Amendment 856 #
2020/0361(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 861 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order via a secure communications channel to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.
Amendment 901 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact and ensure that information is up to date. Providers of intermediary services shall notify that information, including the name, postal address, the electronic mail address and telephone number of their single point of contact, to the Digital Services Coordinator in the Member State where they are established.
Amendment 916 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Providers of intermediary services shall notify identification data, including the name, postal address, the electronic mail address and telephone number of their legal representative to the Digital Service Coordinator in the Member State where that legal representative resides or is established. They shall ensure that that information is up to date. The Digital Service Coordinator in the Member State where that legal representative resides or is established shall, upon receiving that information, make reasonable efforts to assess its validity.
Amendment 920 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. Providers of online social networking services designated as very large online platform according to Article 25 shall designate a legal representative to be bound to obligations laid down in this Article at the request of the Digital Services Coordinator of the Member States where this provider offers its services.
Amendment 934 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear, plain, intelligible and unambiguous language and shall be publicly available in an easily accessible format.
Amendment 954 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Providers designated as very large online platforms as referred to in Article 25, shall publish their terms and conditions in all official languages of the Union.
Amendment 958 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
2b. The Digital Services Coordinator of each Member State has the right to request very large online platforms to apply measures and tools of content moderation, including algorithmic decision-making and human review reflecting Member State’s socio-cultural context. The framework for this cooperation as well as specific measures related thereto may be laid down in national legislation and shall be notified to the Commission.
Amendment 961 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 c (new)
Article 12 – paragraph 2 c (new)
2c. The Digital Services Coordinator of each Member State, by means of national legislation, may request a very large online platform to cooperate with the Digital Services Coordinator of the Member State in question in handling cases involving the removal of lawful content online that is taken down erroneously if there is reason to believe that the Member State’s socio-cultural context may have played a vital role.
Amendment 980 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 986 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average and median time needed for taking the action;
Amendment 993 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, the average and median time needed for taking those decisions and the number of instances where those decisions were reversed.
Amendment 1003 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. Following an additional individual risk assessment, the Digital Services Coordinator of establishment may extend the exemption to selected medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 1011 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down specific templates of reports referred to in paragraph 1.
Amendment 1036 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. TNotices submitted under the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operatoreviewer can identify the illegality of the content in question. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
Amendment 1044 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exact URL or URLs, and, where necessary, and applicable additional information enabling the identification of the illegal content; which shall be appropriate to the type of content and to the specific type of intermediary;
Amendment 1056 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned where there is no doubt as to the illegality of the specific item of content. In case of uncertainty and after taking reasonable steps to assess the illegality of the specific item of content, withholding from removal of the content by the provider shall be perceived as acting in good faith and shall not lead to waiving the liability exemption provided for in Article 5.
Amendment 1070 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4. Where the provider has no technical, operational or contractual ability to act against specific items of illegal content, it may hand over a notice to the provider that has direct control of specific items of illegal content, while informing the notifying person or entity and the relevant Digital Services Coordinator.
Amendment 1098 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or disable access, or otherwise limit the availability, visibility or accessibility to specific items of information, provided by the recipients of the service, irrespective of the means used for detecting, identifying or removing or disabling access to that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the removal or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 1138 #
2020/0361(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or, small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. Following an additional, individual risk assessment, the Digital Services Coordinator of establishment may extend the exemption to selected medium-sized enterprises.
Amendment 1164 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) any other decisions that affect the availability, visibility or accessibility of that content or the account of the recipient's access to significant features of the platform's regular services.
Amendment 1186 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in Article 18 and other available redress possibilities. The decision mentioned in this paragraph shall also include: - information on whether the decision referred to in paragraph 1 was taken as a result of human review or through automated means; - in case the decision referred to in paragraph 1 is upheld, a detailed explanation on how the information to which the complaint relates to is in breach of the platform’s terms and conditions or why the online platform considers the information to be unlawful.
Amendment 1192 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means. Complainants shall have the right to request human review and consultation with relevant online platforms’ staff with respect to content to which the complaint relates to.
Amendment 1197 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5a. Recipients of the service negatively affected by the decision of an online platform shall have the possibility to seek swift judicial redress in accordance with the laws of the Member States concerned. The procedure shall ensure that an independent judicial authority decides on the matter without undue delay, reaching a decision within 14 working days while granting the negatively affected party the right to seek interim measures to be imposed within 48 hours from when their redress is brought before this judicial authority. The rights to seek judicial redress and to obtain interim measures shall not be limited or subjected to the condition of exhausting the internal complaint-handling system.
Amendment 1254 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. Member States shall establish a mechanism enabling the recipients of the service to contest decisions of out-of-court dispute settlement bodies before a national judicial authority or an administrative authority relevant for resolving disputes related to particular content.
Amendment 1261 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by competent trusted flaggers, addressing allegedly illegal content that can seriously affect public security, policy or consumers' health or safety through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delay.
Amendment 1270 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) it has particular expertise and competence that could be exercised in one or more Member States for the purposes of detecting, identifying and notifying specific types of illegal content;
Amendment 1294 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Digital Services Coordinators shall communicate to the Commission and the Board the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2. This communication shall include the geographical scope within which the trusted flagger competence was recognised based on the approval of a particular Digital Services Coordinator and information on expertise and competence declared by the trusted flagger.
Amendment 1298 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall publish the information referred to in paragraph 3 in a publicly available database and keep the database updated. Notices referred to in paragraph 1 of this Article shall be proceeded with priority with respect to the geographical scope of the trusted flagger, according to awarding of the status by Member States.
Amendment 1300 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
Amendment 1330 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shallProviders of hosting services may suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Amendment 1475 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Online platforms shall publish, at least once every six months, information on the average monthly active recipientend users of the service in each Member State, calculated as an average over the period of the past six months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
Amendment 1533 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. This Section shall apply to online platforms which provide for at least four consecutive months their services to a number of average monthly active recipientend users of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3.
Amendment 1535 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific methodology for calculating the number of average monthly active recipientend users of the service in the Union, for the purposes of paragraph 1. The methodology shall specify, in particular, how to determine the Union’s population and criteria to determine the average monthly active recipientend users of the service in the Union, taking into account different accessibility features.
Amendment 1538 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 1
Article 25 – paragraph 4 – subparagraph 1
The Digital Services Coordinator of establishment shall verify, at least every six months, whether the number of average monthly active recipientend users of the service in the Union of online platforms under their jurisdiction is equal to or higher than the number referred to in paragraph 1. On the basis of that verification, it shall adopt a decision designating the online platform as a very large online platform for the purposes of this Regulation, or terminating that designation, and communicate that decision, without undue delay, to the online platform concerned and to the Commission.
Amendment 1539 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. After receiving the decision about the designation as a very large online platform, the online platform may appeal this decision before the Digital Services Coordinator issuing the designation within 60 days. The Digital Services Coordinator may consult the Board. The Digital Services Coordinator shall especially consider the following information while assessing the appeal: (a) the type of content usually shared and the type of the active end user on a given online platform; (b) the exposure to the illegal content as reported under Article 23 and measures taken to mitigate the risks by the online platform; and (c) the exposure to the systemic risks as referred to in Article 26. The Digital Services Coordinator shall decide on the appeal within 60 days. The Digital Services Coordinator may repeatedly initiate this procedure when deemed necessary, after accepting the appeal.
Amendment 1541 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 b (new)
Article 25 – paragraph 4 b (new)
4b. The Digital Services Coordinator of establishment may request any online platform to submit a report assessing the dissemination of illegal content through their services, when justified by the information provided in the report submitted in accordance with Article 23. If, after thorough assessment, the Digital Services Coordinator has identified the platform in question as posing significant systemic risks stemming from dissemination of illegal content through their services in the Union, the Digital Services Coordinator may then require proportionate compliance with some or all obligations of Articles 26 to 37.
Amendment 1542 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 c (new)
Article 25 – paragraph 4 c (new)
4c. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down specific methodology for the purpose of paragraph 4a and 4b.
Amendment 1693 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in or any otheir systerms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used used to determine the order of presentation of content, including their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameose which decrease the visibility of content, shall set out in their terms that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in these systems.
Amendment 1696 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. The main parameters referred to in paragraph 1 of this Article shall include, at least the following elements: (a) the main criteria used by the relevant recommender system; (b) how these criteria are prioritised; (c) the optimisation goal of the relevant recommender system; and (d) an explanation of the role that the behaviour of the recipients of the service plays in how the relevant recommender system functions.
Amendment 1699 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1 b (new)
Article 29 – paragraph 1 b (new)
1b. Very large online platforms shall provide options for the recipients of the service to modify or influence parameters referred to in paragraph 2, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
Amendment 1700 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where several options are available pursuant to paragraph 1, vVery large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to; (a) select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them; (b) select third party recommender systems.
Amendment 1849 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission and the Board shall encouragehave the right to request and facilitate the drawing up of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data.
Amendment 1855 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may inviteshall request the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1936 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. Member State shall have jurisdiction for the purposes of Chapters III and IV of this Regulation where providers online social networking services designated as very large online platforms are concerned, as defined in Article 25 and which offer services to a significant number of active end users of the service in a given Member State which can be calculated on the basis of Article 23(2).
Amendment 1967 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment. Assessment of the complaint can be supplemented by the opinion of Digital Services Coordinator of the Member State, where the recipient resides or is established, on how the matter should be resolved taking into account national law and socio-cultural context of a given Member State. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.
Amendment 1970 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
Pursuant to paragraph 1 of this Article, the Digital Services Coordinator of establishment, in cases concerning a complaint transmitted by the Digital Services Coordinator of the Member State where the recipient resides or is established, shall assess the matter in a timely manner and shall inform the Digital Services Coordinator of the Member State where the recipient resides or is established, on how the complaint has been handled.
Amendment 1976 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point a
Article 44 – paragraph 2 – point a
(a) the number and subject matter of orders to act against illegal content and orders to provide information, including at least information on the name of the issuing authority, the name of the provider and the type of action specified in the order, issued in accordance with Articles 8, 8a and 9 by any national judicial or administrative authority of the Member State of the Digital Services Coordinator concerned;
Amendment 1981 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. Based on the information published by Digital Services Coordinators, the Commission shall submit to the European Parliament and to the Council a dedicated biennial report analysing the aggregated data on orders referred to in Articles 8, 8a and 9 and issued by the Digital Services Coordinators, with a special attention being paid to potential abusive use of these Articles. The report shall provide a comprehensive overview of the orders to act against illegal content and it shall provide, for a specific period of time, the possibility to assess the activities of Digital Services Coordinators.
Amendment 1982 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 3 a (new)
Article 44 – paragraph 3 a (new)
3a. The Commission shall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011.
Amendment 1988 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. A request or recommendation pursuant to paragraph 1 of this Article shall not preclude the possibility of Digital Services Coordinator of the Member State where the recipient of the service resides or is established, to be able to carry out its own investigation concerning a suspected infringement of this Regulation by a provider of an intermediary service.
Amendment 1994 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 2 a (new)
Article 45 – paragraph 2 a (new)
2a. A recommendation pursuant to paragraphs 1 and 2 of this Article may additionally indicate: (a) an opinion on matters that involve taking into account national law and socio-cultural context; and (b) a draft decision based on investigation pursuant to paragraph 1a of this Article.
Amendment 2011 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 7
Article 45 – paragraph 7
7. Where, pursuant to paragraph 6, the Commission concludes that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to paragraph 4 are incompatible with this Regulation, it shall request the Digital Service Coordinator of establishment to further assess the matter and take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, and to inform it about those measures taken within two months from that request. This information shall be also transmitted to the Digital Services Coordinator or the Board that initiated the proceedings pursuant to paragraph 1.
Amendment 2072 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. The Board shall adopt its rules of procedure, following the consent of and inform the Commission thereof.
Amendment 2086 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point d
Article 49 – paragraph 1 – point d
(d) advise the Commission to take the measures referred to in Article 51 and, where requested by the Commission, adopt opinions on draft Commission measuradopt opinions on issues concerning very large online platforms in accordance with this Regulation;
Amendment 2090 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point e a (new)
Article 49 – paragraph 1 – point e a (new)
(ea) issue opinions, recommendations or advice on matters related to Article 34.
Amendment 2141 #
2020/0361(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. In order to carry out the tasks assigned to it under this Section, the Commission may by simple request or by decision require the very large online platforms concerned, their legal representatives, as well as any other persons acting for purposes related to their trade, business, craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement, as applicable, including organisations performing the audits referred to in Articles 28 and 50(3), to provide such information within a reasonable time period.
Amendment 2281 #
2020/0361(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The delegation of power referred to in Articles 13, 23, 25, and 31 shall be conferred on the Commission for an indeterminate period of time from [date of expected adoption of the Regulation].
Amendment 2283 #
2020/0361(COD)
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. The delegation of power referred to in Articles 13, 23, 25 and 31 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 2286 #
2020/0361(COD)
Proposal for a regulation
Article 69 – paragraph 5
Article 69 – paragraph 5
5. A delegated act adopted pursuant to Articles 13, 23, 25 and 31 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of threefour months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
Amendment 2290 #
2020/0361(COD)
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. By fivthree years after the entry into force of this Regulation at the latest, and every fivthree years thereafter, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee. On the basis of the findings and taking into utmost account the opinion of the Board, that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation.
Amendment 2291 #
2020/0361(COD)
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
Amendment 2295 #
2020/0361(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. It shall apply from [date - thrsixteen months after its entry into force].
Amendment 16 #
2020/0322(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The protection of human health is a matter which has a cross-cutting dimension and is relevant to numerous Union policies and activities. In order to achieve a high level of human health protection, and to avoid any overlap of activities, duplication or conflicting actions, the Commission, in liaison with the Member States,, as well as in close dialogue with industry and supply chain actors, should ensure coordination and exchange of information between the mechanisms and structures established under this Regulation, and other mechanisms and structures established at Union level and under the Treaty establishing the European Atomic Energy Community (the Euratom Treaty), the activities of which are relevant to the preparedness and response planning, monitoring, early warning of, and combating serious cross-border threats to health. In particular, the Commission should ensure that relevant information from the various rapid alert and information systems at Union level and under the Euratom Treaty is gathered and communicated to the Member States through the Early Warning and Response System (‘EWRS’) set up by Decision No 2119/98/EC.
Amendment 29 #
2020/0322(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) As serious cross-border threats to health are not limited to Union borders, joint procurement of medical countermeasures should be extended to include European Free Trade Association States and Union candidate countries, in accordance with the applicable Union legislation. The Joint Procurement Agreement, determining the practical arrangements governing the joint procurement procedure established under Article 5 of Decision No 1082/2013/EU, should also be adapted to include an exclusivity clause regarding negotiation and procurement for participating countries in a joint procurement procedure, to allow for better coordination within the EUnion. The exclusivity clause should entail countries participating in the joint procurement procedure being prevented from conducting and finalising parallel contracts concerning the same medical countermeasures and negotiating parties, thus avoiding the exclusion of those countries from the group of participating countries. The Commission should ensure coordination and information exchange between the entities organizing any action under different mechanisms established under this Regulation and other relevant Union structures related to procurement and stockpiling of medical countermeasures, such as the strategic rescEU reserve under Decision No 1313/2013/EU of the European Parliament and of the Council16 . __________________ 16Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
Amendment 36 #
2020/0322(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The joint procurement procedure should first and foremost foster cooperation and solidarity between the Member States during a serious health crisis, strengthen their negotiating position and allow for a preferable purchasing conditions, concerning the quantity, price or availability of a procured medical countermeasure.
Amendment 38 #
2020/0322(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The primary purpose of joint procurement should be to guarantee stability in an unpredictable environment in the context of a cross-border health crisis only, ensuring equitable access for patients and increased visibility and predictability for actors involved.
Amendment 40 #
2020/0322(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) Since one of the primary responsibility of the Member States is to ensure the protection of their citizens, additional flexibility is needed when it comes to being able to adjust contractual provisions after the initial contract has been established, in order to increase, decrease or cancel the order for the medical countermeasures. In order to protect the contractors, directly engaged in activities that serve Union policies, such contractual adjustments should be duly justified by the national authorities participating in the joint procurement procedure, by explaining the seriousness or urgency of the circumstances in question and such adjustments should be enforced in close cooperation with contracted partners and taking due account of the commitments made up to date of contractual adjustment.
Amendment 42 #
2020/0322(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The Joint procurement shall be carried in a transparent, timely and effective way to prevent market disruption and to ensure actors involved can fulfil their contractual responsibilities. In this respect, it is crucial to define clear and transparent steps since the beginning of the procedure in terms of process, scope, tender specifications, timelines and formalities. A preliminary consultation phase involving participating actors shall be guaranteed, as well as a two-way communication throughout the whole procedure.
Amendment 44 #
2020/0322(COD)
Proposal for a regulation
Recital 9 c (new)
Recital 9 c (new)
(9c) The COVID-19 pandemic has exposed the limited diversity of suppliers and an over-reliance on particular supply chains. Such vulnerabilities need to be addressed by encouraging broader participation of small and medium-sized enterprises (SMEs) in joint procurement procedures. Particular emphasis should be placed on providing technical assistance and reducing the administrative burdens in order to boost the involvement of SMEs in the process.
Amendment 56 #
2020/0322(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Regular two-way communication and exchange of information between authorities, industry and relevant entities of the pharmaceutical supply chain should be encouraged to facilitate preliminary dialogue concerning foreseeable serious cross-border threats to health in the market by way of sharing information on the expected supply constraints, allowing better coordination, synergies and robust reaction if needed.
Amendment 64 #
2020/0322(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The recognition of public health emergency situations and the legal effects of this recognition provided by Decision No 1082/2013/EU should be broadened. To this end, this Regulation should allow for the Commission to formally recognise a public health emergency at Union level. In order to recognise such an emergency situation, the Commission should establish an independent advisory committee that will provide expertise on whether a threat constitutes a public health emergency at Union level, and advise on public health response measures and on the termination of this emergency recognition. The advisory committee should consist of independent experts, selected by the Commission from the fields of expertise and experience most relevant to the specific threat that is occurring, representatives of the ECDC, of the EMA, and of other Union bodies or agencies as observers with close involvement of the relevant industry stakeholders. Recognition of a public health emergency at Union level will provide the basis for introducing operational public health measures for medical products and medical devices, flexible mechanisms to develop, procure, manage and deploy medical countermeasures as well as the activation of support from the ECDC to mobilise and deploy outbreak assistance teams, known as ‘EU Health Task Force’.
Amendment 123 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) Member States, EFTA States and Union candidate countries participating in a joint procurement shall procure the medical countermeasure in question through that procedure and not through other channels, and shall not run parallel negotiation processes for that product. In addition, joint procurement shall not exempt participating countries from honouring existing contractual agreements nor shall replace countries regular procurement processes;
Amendment 132 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d a (new)
Article 12 – paragraph 2 – point d a (new)
(da) qualitative criteria beyond the lowest price shall be defined and be considered in the awarding process of the joint procurement bids;
Amendment 138 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point e a (new)
Article 12 – paragraph 2 – point e a (new)
(ea) a Member State engaging in a joint procurement may make a change to the request set out earlier, including resignation from participation in the procurement, if there has been a significant change in the circumstances arising from a well-founded public interest.
Amendment 170 #
2020/0322(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
By 2025 and every 5 years thereafter the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament and the Council. The evaluation shall be conducted in accordance with the Commission’s better regulation guidelines. The evaluation shall include, in particular, an assessment of the operation of the EWRS and the epidemiological surveillance network, the added-value of the joint public procurement procedure, as well as the coordination of the response with the HSC.
Amendment 11 #
2019/2190(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the global trade in goods, including supply chains, has been disrupted not only as a result of the COVID 19 crisis, but also as a result of the trade war preceding the epidemic; whereas the intensity of trade in goods in the common market is linked to the dynamics of the global trade in goods;
Amendment 39 #
2019/2190(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that due to the COVID-19 crisis, it is of paramount importance for the protection of EU citizens that the safety of all products needed to tackle the emergency is the highest, especially for medical and protective equipment, including products from outside the EU; notes that the application of products based on AI, the internet of things or robotics offers solutions that help to combat current and future crises that undermine Europe's strategic position; calls, therefore, on the Commission and Member States to strengthen their coordinated actions both within the product safety framework, and within the Union Product Compliance Network;
Amendment 43 #
2019/2190(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Draws attention to the existing asymmetry in citizens' access to information on the processes by which advanced algorithmic and artificial intelligence systems make decisions; stresses that AI offers more opportunities than threats, as do other breakthrough technologies;
Amendment 48 #
2019/2190(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and the Member States to continuously improve the part of the public administration that will be responsible for regulating and implementing future legislation on breakthrough technologies; notes the risk of a significant asymmetry arising between the development dynamics of selected products and the ability of the public administration to assess them;
Amendment 51 #
2019/2190(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out the need to adapt product safety rules to the digital world, including in terms of consumer protection and removing potential barriers to the development of breakthrough technologies; asks the Commission to address the challenges of emerging technologies such as artificial intelligence (AI), the internet of things (IoT) and robotics in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, while avoiding duplicating legislation; considers the need to establish a dedicated expert group that would offer an innovative approach to the revision of regulations:
Amendment 61 #
2019/2190(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to redefine the term ‘product’ as part of the revision of the GPSD so that it takes into account the negligible physical character of products, in order to reflects the complexity of emerging technologies, including stand-alone software and software or updates which entail substantial modification to the product leading to a de facto new product;
Amendment 69 #
2019/2190(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Agrees AI systems should be safe in order to be trustworthy, as outlined by the High-Level Expert Group in its Ethics Guidelines for trustworthy AI; regrets, at the same time, that the Commission has decided to use the proposed recommendations selectively in its strategies; is convinced that an EU-wide approach to AI, includings crucial for the development of this technology in the EU; stresses the need for a common definition, is nee of the rules in ordedr to avoid further fragmentation of the internal market, which would undermine the trust of citizens and businesses, create legal uncertainty and, weaken the EU’s economic competitiveness and ultimately wreck the very conditions that are conducive to the founding and development of start-ups and businesses that use and carry out research into AI;
Amendment 75 #
2019/2190(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the Commission's Communication (COM(2019)168) taking into account the seven key requirements set out in the guidelines of the High Level Expert Group; feels that basing further regulatory work and the shaping of ethical habits in AI discipline on this foundation will bring benefits at European and global level, given the OECD's consideration of these requirements;
Amendment 79 #
2019/2190(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission, when planning legislation on AI, to consider the investment approach, leaving the regulatory approach only to those areas where intervention is necessary to reduce negative social impacts, promote legal certainty and ensure harmonisation of rules within the EU;
Amendment 80 #
2019/2190(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Considers that the harmonisation of safety rules for products based on breakthrough technologies represents not only a boost to entrepreneurship, but also a more effective and fairer form of consumer protection throughout the single market;
Amendment 85 #
2019/2190(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Commission to jointly develop measures, together with the relevant economic sectors and social organisations, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exis high risk-nature of the applications require it, to ensure the safety and security of products with embedded emerging technologies, and to provide support to SMEs to reduce the burden such measures can create; entities trying to bring their products into line with the prevailing legislation; warns that an overly prescriptive legal structure may create a disproportionate burden, especially for small and medium-sized enterprises, which may consequently drive them out of the market for breakthrough technologies; considers that particular care should be taken with regard to the introduction of a system of mandatory certification, which could further inhibit innovation;
Amendment 92 #
2019/2190(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Commission to propose European benchmarks for 'regulatory sandboxes', drawing on the rich experience of individual Member States; notes that 'regulatory sandboxes' make it possible to verify the compliance of a product with the applicable legislation in a modern way, thereby minimising the risk of harmful effects of modern technology, for example on fundamental rights; points out that creating a single environment for testing and improving technologies such as AI will help European businesses to overcome the barrier of fragmentation of the Single Market and to effectively exploit growth potential throughout the EU;
Amendment 96 #
2019/2190(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recognises the significant role that Digital Innovation Hubs can play in simultaneously acting as an intermediary between the regulator and the company, and in assisting start-ups and small and medium-sized enterprises to adapt to new technology legislation while also facilitating market entry;
Amendment 109 #
2019/2190(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages economic operators to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products, and ensure safety throughout their lifecycle; notes, however, that many economic operators do not always exercise effective control over their products in terms of their entire lifecycle, and that numerous other involved parties are responsible for various product components;
Amendment 130 #
2019/2190(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that the cybersecurity of connected devices can compromise product safety, and that this needs to be addressed in the horizontal revision of the relevant rules in order to avoid a selective approach;
Amendment 132 #
2019/2190(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to speed up its efforts to develop a European cybersecurity certification scheme for AI, IoT and robotics products, and to create mandatory certification schemes for consumer products that can be quickly updated to adapt to current risks without hindering innovation;
Amendment 150 #
2019/2190(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages Member States to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including at cross-border level, improve the efficiency and effectiveness of checks, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, and prevent their circulation in the internal market; stresses, in this context, the particular importance of equipping the relevant authorities with modern equipment, as well as the use of innovative technologies;
Amendment 165 #
2019/2190(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges Member States to carry out relevant studies in order to determine whether there is a need to set minimum sampling rates; and asks market surveillance authorities to carry out sector- specific mystery shopping on a regular basis at least once a year, in particular for the product categories most notified on the Safety Gate (Rapex);
Amendment 211 #
2019/2190(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the Product Safety 7 7 Pledge for online marketplaces, but highlights its voluntary character; calls on the Commission and the limited participation of market operators; calls on the Commission to encourage other online marketplaces to join the initiative, and subsequently to evaluate the role marketplaces could play in improving the detection of unsafe products, and, if it is technically feasible and necessary, to propose mandatory rules on their responsibility, taking into account the special role of SMEs as part of the Digital Services Act, the revision of GPSD and any other relevant legislation; calls on the Commission, if the new regulation is deemed to be justified, to impose obligations evenly, both on marketplaces established in Europe and on operators located outside Europe but offering their goods in the common market; __________________ 7 Product Safety Pledge is a voluntary commitment made by online marketplaces with respect to the safety of non-food consumer products sold online by third party sellers from June 2018.
Amendment 223 #
2019/2190(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Encourages online marketplaces to react as quickly as possible to notifications from Rapex, and to cooperate effectively with the Member States’ competent authorities by immediately withdrawing unsafe products without delay from the moment information is obtained regarding them, and taking measures to avoid that they reappear; asks the Commission to create guidelines for online marketplaces on how to react effectively to unsafe products;
Amendment 229 #
2019/2190(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks online marketplaces to enhance their cooperation, consult Rapexencourage merchants selling on a particular marketplace to consult the Rapex system before placing products on their websites, exchange information on sellers that break the rules, take effective measures against them and their supply chain, and develop an easily accessible tool for consumers to report unsafe products;
Amendment 233 #
2019/2190(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission and the Member States to oblige online marketplaces to create an interface with Rapex, provided that the latter is modernised and made compatible, for example through an application programme interface, in order to ensure that products offered for sale are safe, and to introduce a link to Rapex on their websites so as to raise awareness about this platform;
Amendment 240 #
2019/2190(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiring online platforms to put in place effective and appropriate safeguards to tackle the appearance of advertisements for unsafe products; stresses that such an opinion should be accompanied by a thorough assessment of the impact of such provisions, including potential costs for online marketplaces;
Amendment 253 #
2019/2190(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the fact that the European standardisation programme for 2020 addresses the challenges emerging within the Digital Single Market, such as AI, IoT, protection of data, including health data, cybersecurity and automated mobility; asks the Commission to defsupport the process of shapineg standards allowing the deployment of interoperable technologies to provide for safe EU-wide emerging technologies;
Amendment 3 #
2019/2173(INI)
Motion for a resolution
Citation 22
Citation 22
— having regard to the EU-Western Balkans summits in the framework of the Berlin Process of 5 July 2019 in Poznań and of 10 November 2020 in Sofia,
Amendment 6 #
2019/2173(INI)
Motion for a resolution
Recital A
Recital A
A. whereas each enlargement country is judged individually on its own merits, and it is the speed and quality of reforms that determine the timetable for accession; whereas pursuant to Article 49 TEU, any European country may apply to become a member of the Union provided that it adheres to all of the Copenhagen criteria and the principles of democracy, respects fundamental freedoms, human and minority rights, and upholds the rule of law;
Amendment 8 #
2019/2173(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Montenegro has continued to build a good track record in implementing the obligations of the Stabilisation and Association Agreement (SAA);
Amendment 17 #
2019/2173(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the EU mobilised EUR 38 million in immediate support for the Western Balkans to tackle the health emergency caused by coronavirus; whereas up to EUR 3 million from that sum was allocated to Montenegro to support its supply of medical devices and personal equipment, such as ventilators, laboratory kits, masks, goggles, gowns, and safety suits;
Amendment 19 #
2019/2173(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the EU agreed on the reallocation of EUR 374 million from the Instrument for Pre-accession Assistance to help mitigate the socio-economic impact of COVID-19 in the region; whereas EUR 50 million from that sum was allocated to Montenegro;
Amendment 20 #
2019/2173(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the Commission adopted a package of EUR 70 million under the Instrument for Pre-Accession (IPA II) to help fund the access of Western Balkans countries toCOVID-19 vaccines procured by EU Member States;
Amendment 49 #
2019/2173(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the active engagement and appropriate inclusion of the Western Balkans countries in the Conference on the Future of Europe; is of the opinion that their contribution should be taken into account as they are committed to become Member States of the Union in the future;
Amendment 66 #
2019/2173(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 69 #
2019/2173(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. WAlthough welcomes the fact that some progress has been made in the fight against organised crime, in particular as regards stronger capacity and professionalism of the police, encourages Montenegro to continue its efforts in this area, in particular through combating mafia, involved notably in cigarette smuggling, drug and arms trafficking as well as illegal gambling, and tracking its links to local politicians and police officers; underlines that systemic deficiencies in the criminal justice system remain and need to be addressed as a matter of priority;
Amendment 92 #
2019/2173(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines that media literacy and media freedom are key to combating disinformation; calls for the strengthening of European cooperation with Montenegro on addressing disinformation, and cyber and hybrid threats; underlines that Montenegro is under strong and unwavering hostile propaganda pressure exerted by Russia, aiming - among other goals - to reduce the support of the population for the NATO Membership;
Amendment 111 #
2019/2173(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes progress on the protection of LGBTI rights and the adoption of the law on same-sex partnershipsMontenegro’s efforts to strengthen minorities’ rights protection;
Amendment 123 #
2019/2173(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. CommendWelcomes Montenegro for it's commitment to inclusive regional cooperation, and the constructive role it plays in the Western Balkans region, and welcomes its active participation in numerous regional initiatives;
Amendment 128 #
2019/2173(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Underlines the strategic importance of Montenegro's NATO Membership and calls on the government to work towards strengthening cooperation with the Alliance and increasing support for it among the population;
Amendment 137 #
2019/2173(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. CommendWelcomes Montenegro’s full alignment with the EU’s common foreign and security policy and its active participation in civilian missions under the common security and defence policy (CSDP); in particular, welcomes its ability to overcome foreign provocations, including disinformation campaigns orchestrated by Russia and China; encourages it to cooperate in the field of resilience to foreign interference and cybersecurity with both the EU and NATO;
Amendment 144 #
2019/2173(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. CommendWelcomes Montenegro’s progress on and renewed commitment to international police cooperation, and encourages it to continue its efforts to cope with the migratory pressure, by further developing its international cooperation on readmission and raising its capacity to prosecute migrant-smuggling networks;
Amendment 160 #
2019/2173(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls on the Commission to support Montenegro’s efforts to reduce unemployment, seriously impacted by the COVID-19 pandemic, in particular in the tourism sector, that accounts, directly and indirectly, for more than 20% of Montenegro’s GDP; notes with concern that in the first eight months of 2020, the number of tourist arrivals to Montenegro decreased by almost 80% year-to-year due to travel restrictions and virus-related concerns;
Amendment 177 #
2019/2173(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls onWelcomes the Commission and the Council's decision to include Montenegro in joint EU procurement for vaccinations, and to allocate a sufficient amount of COVID-19 vaccines to the citizens of all Western Balkan countrie; calls on the Commission for a fair distribution of COVID-19 vaccines among the Western Balkan countries, taking into consideration each country’s pandemic situation and its individual needs;
Amendment 205 #
2019/2173(INI)
Motion for a resolution
Paragraph 36 c (new)
Paragraph 36 c (new)
36c. Encourages Montenegro to precede its much needed investments in infrastructural projects by robust feasibility studies so that they can be economically viable; warns Montenegro of a clear risk that the realisation of road and energy infrastructure projects in cooperation with unreliable foreign investment partners may represent to the country’s sovereignty and strategic interests;
Amendment 4 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the internal market remains one of the Union’s greatest and most tangible achievements, bringing benefits to businesses, consumers and citizens across Europe; further deepening the Single Market, reducing red tape that hampers the free movement of services, and developing the Digital Single Market should be prioritised in the 2020 Budget;
Amendment 5 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the internal market remains one of the Union’s greatest and most tangible achievements with actual impact on economic growth in the Member States, bringing benefits to businesses, consumers and citizens across Europe; further deepening the Single Market and developing the Digital Single Market should be prioritised in the 2020 Budget;
Amendment 10 #
2019/2028(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of a robust and efficiently executed consumer policy that gives protection and predictability to consumers both offline and online, and confidence to businesses to provide their goods and services across the internal market;
Amendment 27 #
2019/2028(BUD)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Proposes to introduce, systematically monitor and regularly evaluate the Value for Money principle with aim to improve efficiency of all European expenditures which will contribute to higher effectiveness and bigger added value for European consumers as has been reiterated also by the Court of Auditors on many occasions; the European Union shall emphasise this principle within the budgetary process and EU funds absorption;
Amendment 96 #
2013/2945(RSP)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points to the crucial role of a system of checks and balances for any modern democratic State and the fundamental role that the Turkish Grand National Assembly must play at the centre of Turkey’s political system in providing a framework for dialogue and consensus-building across the political spectrum; expresses concern about political polarisation and the lack of readiness on the part of government and opposition to work towards consensus on key reforms; urges all political actors, the government and the opposition to work together to enhance a pluralistic vision in State institutions and to promote the modernisation and democratisation of the State and society; calls on the political majority to actively involve civil society and the minority in the deliberation process on relevant reforms and take into consideration, whenever possible, their interests and views in an inclusive manner;
Amendment 1 #
2013/2205(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates its concerns about the large number of high-grade posts in the EEAS which is disproportionate compared to other EU institutions; recognises that this lack of balance, including gender balance, particularly in high-grade posts, and geographical balance is not entirely within the EEAS's control and welcomes the recent first steps taken to address the imbalance; nonetheless urges the EEAS to intensify its efforts and recalls its request for a long-term roadmap laying outfor an appropriate methods to reduce the number of such postshuman resources policy;
Amendment 8 #
2013/2195(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the Commission's continuing efforts to shift from an input-based to a performance-oriented approach and urges the adoption of specific, measurable, achievable, relevant and timed benchmarkobjectives for all programmes in Heading 4 as advocated by the Court of Auditors; expresses its hope that these programmes will not be affected by the same shortcomings as those audited in this year's reportshortcomings identified in previous years will be remedied and not repeated in future;
Amendment 8 #
2013/2182(INI)
Motion for a resolution
Recital C
Recital C
C. whereas high unemployment levels, particularly among young people, including university graduates, coincide with a significant number of vacancies that cannot be filled, pointing to a skills gap;
Amendment 111 #
2013/2182(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of access to education and training for all learners, including those with disabilities, those from disadvantaged backgrounds and those from geographically remote regions, as well as anyone wishing to improve their qualifications;
Amendment 114 #
2013/2182(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Acknowledges that new technologies and OER (particularly MOOCs) have made it possible for education and training institutions to reach thousands of learners in the Union, including in its outermost regions, and around the world; recognises that education and knowledge now travels easily across borders, which increases the potential for international cooperation and helps to promote European educational institutions as centres for innovation and development of new technologies;
Amendment 131 #
2013/2182(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that an appropriate digital infrastructure based on commonly used, popular technologies is a prerequisite for reaching the highest possible number of learners with OER;
Amendment 22 #
2013/2168(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view, however, that building a sustainable democracy and pluralistic society will entail deep and difficult reforms of Pakistan’s political and socio- economic order, which remains characterised by feudalistic structures of land ownership and political allegiances, imbalances in priorities between military spending and welfare provision, education and economic development, and a revenue collection system that systematically undercuts the state’s capacity to deliver public goods;
Amendment 50 #
2013/2168(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates that progress in bilateral relations is linked to improvement in Pakistan’s human rights record, in particular as regards eradicating modern- day slavery and people trafficking, curbing gender-based violence, enhancing women’s rights, including that of access to education, promoting tolerance and protection of vulnerable minorities, preserving freedom of religion and belief, including by easing the strict anti- blasphemy legislation, and moving towards abolition of the death penalty;
Amendment 14 #
2013/2154(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the SOLVIT network has achieved tangible results and proved its usefulness; notes, however, that there is an ample room for improvement, in particular as regards settling business- related disputes;
Amendment 17 #
2013/2154(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that a large majority of SOLVIT clients are citizens; stresses the need to unleash the large potential of SOLVIT as a problem-solving tool for businesses; stresses that more needs to be done, including through closer cooperation with trade associations and chambers of trade and commerce, to make businesses more aware of SOLVIT, educate them about its possibilities and enable them to make better use of it; welcomes the recent update of the Your Europe business portal as a positive step in that direction;
Amendment 36 #
2013/2154(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Encourages SOLVIT centres to engage proactively by taking initiatives on their own to create contacts with citizens and businesses and by engaging in closer cooperation with trade associations and chambers of trade and commerce;
Amendment 45 #
2013/2154(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Remains committed to monitoring the progress of SOLVIT closely; urges the Commission to set up measurable milestoneshort- and long-term targets for the desired development of SOLVIT; believes that, if these milestones are not reached, a replacement of the informal procedure by a legislative act should be reconsidered;
Amendment 125 #
Amendment 129 #
2013/2153(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the Stresses the dynamic nature of the parcel delibveralisation of postal services has not brought the promised benefits for consumers, but has instead destroyed structures which it will be very difficult to re-establishy market, with innovative services developing rapidly; highlights in this context that even more available delivery options, better transparency, information and prices are a precondition for increasing consumers' confidence in the delivery market;
Amendment 136 #
2013/2153(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. EmphasisNotes that a comprehensive postal service must be guaranteed throughout the Union, including in ruralwell-functioning postal service, including in rural areas, is guaranteed throughout the Union according to the 3rd Postal Directive (2008/6/EC); calls on the Member States and the Commission to fully transpose the alreasdy existing legislative framework which they committed to;
Amendment 137 #
2013/2153(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Welcomes all the efforts already put in place by delivery market operators to better meet the needs of online consumers and retailers such as flexible delivery or return options; stresses at the same time that different other incentives are welcome to improve interoperability and quality of services;
Amendment 9 #
2013/2148(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the ASEAN Economic Community aims to create an internal market for 600 million people by 2015, which will make ASEAN with its competitive economic operators and fast growing internal demand comparable to other large markets in the world, such as the EU, the United States, China, Japan, and India; and consequently a strong economic partner in the regional and international market
Amendment 13 #
2013/2148(INI)
Motion for a resolution
Recital F
Recital F
F. whereas while China has been increasing its economic ties with Southeast Asian countries,the ASEAN countries, which continue to play an important role in preserving peace and stability in the region; whereas the unresolved territorial disputes in sSouth China Sea have been drawing some ASEAN member states closer to the United States for cooperation on maritime security; whereas Russia also sees Asia as an invaluable and increasingly important part of its global strategy;
Amendment 26 #
2013/2148(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes the view that ASEAN, as a major regional and global economic actor, notwithstanding its internal differences, can play an important role to promote a peaceful, multilateral world order; wishes to see ASEAN's institutional, economical and political capacities further develop;
Amendment 38 #
2013/2148(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Warmly welcomes the negotiations of seven Partnership and Cooperation Agreements between the EU and individual ASEAN member states, which will be the cornerstones for deepening mutual relations and calls for early ratification of the existing PCAs;
Amendment 44 #
2013/2148(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that establishing a formal Euro-ASEAN parliamentary assembly would further enhance exchanges between parliamentariansfurther strengthening of the EP - ASEAN parliamentary relations within the existing framework; also suggests the creation of links between the Parliament Sub-Committee on Human Rights and the ASEAN Intergovernmental Commission on Human Rights Commission (AICHRC); Believes that the Office for the Promotion of Parliamentary Democracy could provide capacity-building assistance to the ASEAN Inter-Parliamentary Assembly (AIPA); Stresses that the Asia-Europe Parliamentary Partnership (ASEP) and the Asia-Europe People's Forum (AEPF) in connection with the ASEM summits, should be further enhanced;
Amendment 49 #
2013/2148(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the EU should support ASEAN in developing its own space within the conflicting economic and security interests of China, Japan and the United States; believes that the EU could be an active partner for ASEAN in its pursuit of solutions to important security and geostrategic challenges by sharing the EU experience in conflict prevention, resolution and dispute settlement in managing border and territorial disputes, in order to enhance peace and regional stability;
Amendment 54 #
2013/2148(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the EU should intensify policy dialogues and cooperate closely with ASEAN on issues like counter- terrorism, non-proliferation, disarmament, anti-piracy and cyber security, as well as the fight against corruption and transnational crime, such as money laundering and trafficking in people and drugs, counter-terrorism, non- proliferation, disarmament, anti-piracy and cyber security, while protecting freedom of expression and the free flow of information;
Amendment 62 #
2013/2148(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages supporting cross-regional visits of cultural performers and urges the Member States to encourage broader coverage of the ASEAN region in state-run or private-run media and education for improving and promoting mutual cultural knowledge and dialogue;
Amendment 65 #
2013/2148(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Suggest the Commission and Council to continue to support and facilitate mobility of young people from ASEAN countries with regard to education and cultural activities in EU;
Amendment 69 #
2013/2148(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for the EU to take on a more active and prominent institutional role than that of a simple member in the Asia- Europe Foundation (ASEF), whose core function is to develop links between civil societies in both regions;
Amendment 73 #
2013/2148(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Expresses concern over current environmental policy, in particular the rate of illegal logging, burning and resulting smog that has a significant negative impact, including across ASEAN borders; encourages stronger efforts for the protection of the environment, commends the work of the ASEAN Centre for Biodiversity and is looking forward to tighter cooperation between the EU and ASEAN on climate change mitigation and adaptation;
Amendment 100 #
2013/2148(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the peace process and the democratic reforms in Burma/Myanmar; expresses, however, its grave concern over crimes against humanitythe persecution of and crimes committed against the Rohingya and Chin peoples; equally expresses concern over land grabbing and the seizure of food, livestock and fixed property, forced conscription, impunity and corruption, and appeals to all ASEAN member states to ratify the statutes of the International Criminal Court (ICC);
Amendment 109 #
2013/2148(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is looking forward to enhanced cooperation on mutual human rights concerns such as the treatment of migrants;
Amendment 4 #
2013/2133(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU and Canada have a long history of extensive political and economic cooperation, formally dating back to 1976 when the EU signed a Framework Agreement with Canada, the first with an OECD country; whereas this agreement has for a long time constituted the appropriate framework to deepen relations, enhance political association and further cooperation;
Amendment 8 #
2013/2133(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the SPA currently under negotiation would update the relationship between the EU and Canada and considerably contribute to the improvement of our cooperation in many areas, in particular the economic sphere; whereas it codifies the status of the EU and Canada as strategic partners;
Amendment 41 #
2013/2133(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) to ensure that the agreement contains a solidincludes a commitment to inter-parliamentary cooperation that recognises the important role of the European Parliament and the Canadian Parliament in EU-Canada relations, especially through the long- established inter-parliamentary delegation;
Amendment 31 #
2013/2125(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need for greater funding for R&D in Member States to successfully compete with third countries' manufacturers in defence sector; notes that innovation and technological developments can lead to improvements in other areas of life;
Amendment 33 #
2013/2125(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission and Member States to cooperate with one another to ensure cyber-security, as an integral part of the defence sectorone of the major pillars of the defence and security strategy; recalls at the same time that, given the global dimension of the internet, the digital internal market faces growing security risks and a strong and coordinated approach could contribute to combating threats such as to the security of transactions, which seriously undermine consumers' confidence in the digital market.
Amendment 22 #
2013/2122(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on national as well as international business organisations, and in particular SME organisations, to work closely together with national focal points; in this regard, also welcomes public- private cooperation;
Amendment 24 #
2013/2122(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 34 #
2013/2122(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need to introduce effective, proportionate and dissuasive penalties, recalling that criminal sanctions can have a preventive effect;
Amendment 39 #
2013/2122(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Regretscommends that the Commission’s failure to take up Parliament’s recommendation for a partial extension of the scope of the Unfair Commercial Practices Directive by having Annex I (the blacklist) cover business-to-business (B2B) contracts; considers that amending this directive instead of Directive 2006/114/EC will result in a more coherent approach since it will extend the concept of unfair investigate possibilities for submitting amendments to Directive No 2006/114/EC concerning misleading and comparative advertising, and that it consider adding an annex to this directive covering contracts between businesses and setting out a list of commercial practices, together with the blacklist, to B2B relations; stresses that this will avoid the need for broadening the concept of misleading advertising, which is necessary in order to capture all forms of misleading practihat are to be considered unfair in all circumstances;
Amendment 44 #
2013/2122(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to examine, as a matter of priority, whether businesses which have been found guilty of misleading marketing practices can be excluded from EU procurement procedures and/or from receiving EU funding for a period of at least five yearsonsiders that any convictions for using misleading marketing practices should be taken into account during EU procurement procedures and/or when distributing EU funding;
Amendment 45 #
2013/2122(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 47 #
2013/2122(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Draws attention, in particular, to the role played by fraudulent debt collection agencies which do not hesitate to put pressure on businesses to pay invoices which they know or could have known to be fraudulent; calls on the Commission and the Member States to propose means of better controlling such agencies, both before and after their formal establishment;
Amendment 52 #
2013/2122(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes with concern that dispute resolution processes have often proven inefficient, lengthy and costly, and that they offer no guarantee of adequate and timely compensation for the damage caused; calls on the Commission to put forward a proposal that makes it possible for the victims of misleading marketing practices to act collectively in a case against a rogue company; stresses that the victims should have the option of being represented by designated organisations, such as national entrepreneurs' organisations; calls for effective remedies for victims, including the annulment of the contracts concerned; believes that in certain cases an EU action may be merited, recalls however that this shall be based on a clearly demonstrated need for measures at the EU level; further recalls that these measures should facilitate cooperation between Member States through a sharing of common principles and safeguards to guarantee the access of claimants to national systems;
Amendment 54 #
2013/2122(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that misleading marketing practices constitute an international problem which in no way stops at the borders of the Member Statesextends beyond individual Member States as well as the EU; calls on the Commission and the Member States, therefore, to pursue international cooperation on the matter, with both third countries and the competent international organisations;
Amendment 10 #
2013/2105(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the significant and ongoing changes in the geopolitical environment characterised by multidimensional and asymmetric threats, by the rise of emerging powers and a strategic shift in attention by the US towards the Pacific region, by increased instability in the EU’s southern neighbourhood, by maritime challenges, including maritime piracy, by the expanding areas of activity of terrorist organisations, by the proliferation of weapons of mass destruction, and by a severe and long- lasting financial and economic crisis with a major impact on the GDP of many EU Member States and, consequently, on national defence budgets on both sides of the Atlantic; notes that no single member of the EU is able to overcome these multifaceted challenges by itself;
Amendment 101 #
2013/2105(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Points out that the EU should further engage with the UN, the African Union, the OSCE and ASEAN in order to share analysis and cooperate in addressing the challenges of environmental policy and climate change, including its security implications; underlines the need for preventive action and urges the EU to develop and improve early warning capabilities;
Amendment 143 #
2013/2105(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls on the European Council to take action in these areas and to reverse the tendency to cut R&D expenditure, including at Union level; supports the development of effective and cost-efficient cooperation between civilian security and defence research activities; stresses, however, the continued need for an effective dual-use export regime, particularly in respect of countries suspected of using such exports for military purposes;
Amendment 16 #
2013/2093(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s intention to create a permanent Group on Retail Competitiveness, but emphasises the importance of balanced representation, including of both big and small retailers, producers, suppliers, co-operatives and consumer, environmental and social interests;
Amendment 43 #
2013/2093(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Warns against the tendency of some local and regional authorities to continue to develop or approve large-scale projects, such as shopping malls and plazas outside the city centres, given that in many regions, especially in view of the economic crisis, the saturation point has already been reached; notes that rents in such shopping centres are normally too high for smaller, independent shops and calls on the Commission, in co-operation with the Member States, to draw up a survey of their economic, social and environmental effects;
Amendment 82 #
2013/2093(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that it is often difficult for weaker individual market parties to complain about UTPs and emphasises the important role of associations of enterprises which should be able to submit such complaints on their behalf, while ensuring confidentiality, to an ombudsman or adjudicator who should have the power to take ex officio action in the case of information about certain worrying trends, especially in the supply chain;
Amendment 3 #
2013/2091(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the Commission’s forthcoming implementing act on origin labelling of all meat and impact assessment on origin labelling for meat used as food ingredient; is concerned, however, that further legislation in this area may lead tostresses that any legislation in this area should be justified by market need, so as not to undermine competition, restrict market access for new small businesses or increased costs for SMEs and consumers;
Amendment 6 #
2013/2091(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to regain consumer confidence in a single market for foods; points out that self-regulation, better legislation and efficient control activitiesstresses that this can be achieved by, among other things, strengthening existing law enforcement and control systems; points out that the best way forward would be better, transparent legislation and its effective implementation, rather than more legislation, is the way forward;
Amendment 8 #
2013/2091(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States to improve coordination between health authorities in the individual EU countries, as the lack of adequate information exchange often leaves the way open for dishonest actors in the supply chain;
Amendment 11 #
2013/2090(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates its support for the EU’s regional engagement under the EU Strategic Framework for the Horn of Africa, as well as the comprehensive approach to Sudan and South Sudan; underlines the importance of supporting the new state of South Sudan, in particular, in implementing the peace process with Sudan and in setting up democratic and accountable institutions that guarantee the rule of law, human rights, development and the sustainable management of the countries’ resources for the benefit of both populations; underlines that conflict and insecurity still remain critical factors in humanitarian suffering, especially for the most vulnerable, and in undermining development prospects; stresses the need to build wells and aqueducts, in view of the enormous difficulty people in South Sudan have in gaining access to drinking water;
Amendment 32 #
2013/2090(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of demonstrating to the people of South Sudan the value and effectiveness of their new democratic state, including by establishing a stable government which does not operate by arbitrary presidential decrees and ensures the separation of the executive, legislative and judiciary powers, respecting human rights and freedom of the media, tackling corruption and delivering public services and infrastructure, in particular roads, railways, oil pipelines and schools, including in rural areas outside Juba; calls on the international donor community, including the EU, to assess carefully the absorption capacity and ability to tackle corruption of South Sudan, whilst encouraging the government to pursue the implementation of its development plan, including by diversifying its economy away from dependency on oil exports.
Amendment 30 #
2013/2074(INI)
Motion for a resolution
Recital G
Recital G
G. whereas corruption in the judicial sector breaches the principle of non- discrimination, access to justice and the right to a fair trial and to an effective remedy, which are instrumental in the enforcement of all other human rights, and whereas corruption seriously distorts the independence, competence and impartiality of the judiciary and of the public administration, fostering distrust in public institutions, undermining the rule of law and equality before the law and giving rise to violence;
Amendment 45 #
2013/2074(INI)
Motion for a resolution
Recital L
Recital L
L. whereas emergency situations and incoming aid offer opportunities for corruption due to the nature of the activities and the complexity of actions and actors executing them, and whereas these ‘opportunities’ include bribery, obstruction, extortion faced by aid agency staff, misconduct by aid agency staff, fraud, false accounting, diversion of aid received, and exploitation of the needy and desperate by those in power;
Amendment 109 #
2013/2074(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Commission to propose legislation requiring EU companies to ensure that their purchases do not support perpetrators of corruption, conflicts and grave human rights violations, namely by carrying out checks and audits on their minraw materials supply chains and publishing the findings; takes the view that mandatory due diligence by EU companies, in line with the guidelines published by the OECD, would protect the reputation of European businesses and make EU human rights and development policies more coherent, especially in areas plagued by conflict;
Amendment 12 #
2013/2061(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that not all citizens and health practitioners have the opportunity to use IT tools or the necessary skills, and that those concerned should therefore be offered suitably adapted assistance, information and training, to be available throughout the Union, in order to help them develop their digital skills and thus fully exploit the benefits of eHealth services while not increasing social or territorial inequalities;
Amendment 19 #
2013/2061(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. SCalls on the Member States to take account of eHealth services in existing medical systems; stresses the importance of maintaining a human dimension in healthcare, especially in the context of an ageing population and the consequent frequent difficulty in distinguishing the medical from the social;
Amendment 27 #
2013/2061(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to publish an annual review of progress in the implementation of the eHealth Action Plan in the individual Member States, showing how this tool has been innovatively modified in order to provide citizens with high-quality, efficient healthcare systems and, accordingly, set effective indicators to measure the succprogress and impact of the actions planned.
Amendment 12 #
2013/2052(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Malaysia has to hoeld parliamentary elections ion April or5 May 2013;
Amendment 27 #
2013/2052(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) to reiterate the global importance of the South China Sea and to appeal to all the parties involved to settle their conflicting territorial claims, including those relating to the Spratly/Nansha Islands and Sabah, by means of international arbitration, in accordance with international law (in particular the UN Convention on the Law of the Sea), in order to ensure regional stability and peace;
Amendment 29 #
2013/2052(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) to recall that Malaysia enjoyed an extraordinarily high degree of political stability over a long period up until the 2008 elections; to suggest thatcall on the new government taking office after the 2013 elections shouldo respond to the growing ethnic and political tension, the wider distribution of popular support among a number of political parties and the increasing civil unrest and growing number of demonstrations, and open up an active dialogue with the opposition and with all ethnic groups; to stress also the importance of taking measures to address public discontent over corruption; to call on the government to continue with the economic and political reform agenda;
Amendment 34 #
2013/2052(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) to encourage the government to involve Malaysia’s prolific and active civil society in its decision-making through consultation, and to lift restrictions on civil society; to commend the work of civil society in drawing attention to environmental issues, women’s rights, consumer protection, the rights of indigenous people and other ethnic groups, media freedom, social justice and human right, human rights and the rights of religious minorities;
Amendment 20 #
2013/2045(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in January 2013 23 % of active young people were jobless, with the rates ranging from 15 % or less in Austria, Denmark, Germany and the Netherlands to over 55 % in Greece and Spain, indicating marked geographical differences; whereas the most recent data and forecasts indicate a continued deterioration in the situation facing young people;
Amendment 64 #
2013/2045(INI)
Motion for a resolution
Recital F
Recital F
F. whereas SMEs, which are a driving force for economic growth and job creation and for achieving the goals of the Europe 2020 Strategy, have shed more than 3.5 million jobs and significantly cut recruitment as a result of the economic crisis, with workplace closures affecting all workers, including the young;
Amendment 162 #
2013/2045(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the decision of the EPSCO Council on 28 February 2013 to agree on a Council recommendation on implementing a Youth Guarantee; recommends extending eligibility to graduates aged under 30; stresses that the success of this measure will be highly dependent on other factors, e.g. the infrastructure and capacity of public and strengthened private employment services, the availability of student and graduate places, the provision of effective training and, apprenticeships, and the transferability and implementation of successful experiences from other Member States; stresses that the Youth Guarantee must be integrated within the broader framework of active labour market policies while ensuring high quality standards;
Amendment 243 #
2013/2045(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. CUrges Member States to engage in broad consultations with universities and other educational institutions, with a view to adapting their training provision to fit, as best as possible, the needs of the labour market; calls for an ambitious holistic policy approach which looks at education, training, employment and self-employment initiatives, for all young people at all the various levels, in an integrated way;
Amendment 316 #
2013/2045(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to develop personalised career counselling and guidance, starting already during grammar school and continuing at secondary school, with the aim of enabling young people to make well-informed choices about their higher education, while introducing mechanisms that can monitor the opportunities offered and assess the success rate of those young people’s subsequent transition to work;
Amendment 39 #
2013/2043(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to propose the necessaryWelcomes the steps already taken by delivery market operators to introduce arrangements geared more closely to the needs of online retailers and consumers, such as more flexible delivery and return options; calls, nonetheless, on the Commission to continue to propose measures to encourage industry to improve interoperability and accelerate the roll-out of streamlined processes aimed at reducing costs, increasing the availability and quality of delivery services, and offering affordable flexible shipping rates to consumers and businesses alike;
Amendment 45 #
2013/2043(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights that easier collection and return solutions could significantlyare already playing a significant role in the growth of e- commerce and could in future lead to lower prices and increasegreater consumer satisfaction, especially ain cross -border transactions; encourages further collaboration to improve the interoperability of call-centres dedicated to consumer complaints;
Amendment 48 #
2013/2043(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to work together with business towards the adoption of European standards on addressing and labelling, as well as e- commerce-friendly letter-box standards;
Amendment 55 #
2013/2043(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises the dynamic nature of the parcel delivery market, with new services and operators emerging rapidly; notes that innovative solutions responding to the needs of e-retailers and customers are likely to become a key differentiator for competition; calls therefore for the market to be allowed to continue to grow of its own accord and not to be hampered by over-regulation; believes that it is of utmost importance to monitor the development of the market carefully, in order to identify any areas of potential market failure where further action maycould be come necessarynsidered in the future;
Amendment 56 #
2013/2043(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. CPoints out that there is already an appropriate regulatory framework, and calls on the Member States and the Commission to ensure that ithe existing regulatory framework is fully transposed, implemented and enforced, with particular attention to the Postal Services Directive, EU competition law and the Consumer Rights Directive;
Amendment 41 #
2013/2020(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Tuareg resentments in northern Mali were exploited by extremist groups who in early 2012 allied with, and subsequently displaced, the secular National Movement for the Liberation of Azawad (MNLA) in their rebellion; whereas these groups, in particular Ansar Dine, Al-Qaeda in the Islamic Maghreb (AQIM) and the Movement for Oneness and Jihad in West Africa (MUJAO), further benefited from the instability arising from the subsequent coup in Bamako; whereas the systematic violations of human rights in the north, combined with the impending existential threat to the Malian state itself, precipitated the international interventions to help shore up democracy, restore the rule of law and improve the situation of human rights; whereas a preliminary peace agreement was signed on June 18th between the government of Mali and rebel forces;
Amendment 115 #
2013/2020(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Abhors the grave violations against children in Mali, including the reported use of child soldiers by allmost of the armed groupsmilitant groups which have been active in the north; emphasises the importance of allocating sufficient recourses to the tasks of demobilisation and rehabilitation of child soldiers; condemns in the strongest terms the sexual violence against girls, forced marriages, abductions and attacks on schools and hospitals that have occurred during the Mali conflict; draws attention to the capture and detention of children for intelligence purposes as a worrying emerging trend that needs to be addressed as a matter of the utmost urgency;
Amendment 131 #
2013/2020(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the recent peace agreement signed by the Malian government and rebel groups; recognizes that this is a preliminary agreement which must be followed by action on both sides to bring the conflict to a definitive end; furthermore urges the Malian military to show professionalism as it returns to formerly rebel controlled areas of the North; welcomes the conclusions of the International Donors Conference ‘'Together for a New Mali’', held in May 2013; commends the Malian Government's Plan for the Sustainable Recovery of Mali (PRED); reiterates the need to link aid with institutional reform and discernible social and political development; furthermore commends the constructive involvement of regional actors;
Amendment 145 #
2013/2020(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes with great concern the role of these factors in facilitating the regional surge in international organised crime and jihaditerrorist networks; emphasises the serious threats that they pose to human rights and regional stability, and the need to confront such threats for the benefit of Sahelian populations; expresses particular alarm at the ‘'trafficking highways’' across Africa from west to east, and south to north from the West African coast, transporting arms, narcotics, cigarettes, and people; notes that the Sahel risks further destabilisation from the proliferation of light weaponry originating in Libya; further condemns the region's increased incidences of kidnapping and hostage-taking, which have proved highly lucrative for criminal and terrorist groups, and welcomes the work of the UN Human Rights Council Advisory Group on the impact of terrorist hostage-taking on human rights; draws attention to the impact of these activities on the wider region, as well as the EU, which is the destination for much of the illicit traffic;
Amendment 169 #
2013/2020(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the security imperative in the current Mali conflict should not detract fromnegotiations between the Malian government and the rebels points to the primacy across the region of inclusive national dialogue, good governance and democratic reforms as the engine of political stability and sustainability; notes that these issues are inextricable from improvement in the spheres of development and human rights; urges all sides in Mali to be an example for the rest of the region in achieving these goals;
Amendment 174 #
2013/2020(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Supports the UN Security Council resolution commitment to assist the transitional authorities of Mali to implement the road map towards the full restoration of constitutional order, democratic governance and national unity; considers it essential to create conditions conducive to the holding of crediblehold credible Presidential elections in July, in keeping with international standards; stresses the need to overcome challenges related to the voting arrangements in the IDP and refugee camps, to avoid further political marginalisation; calls for immediate action on this issue by the Malian Government and its international partners; emphasises the need to ensure the safe participation of women in the electoral process; notes the necessity of credible elections to the overall peace process;
Amendment 187 #
2013/2020(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes with due seriousness the extreme and pervasive poverty ofacross the region, especially in, Mali, Niger, Chad and Burkina Faso, and acknowledges its detrimental impact on the prospects of realising human rights; expresses grave concern over the high maternal and under- five child mortality rates in the region; stresses the UN's findings of lower mortality rates among better educated mothers as a rallying call for universal education; points out that fast population growth puts additional pressure on governments' capacity to protect even the most basic economic and social rights;
Amendment 213 #
2013/2020(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Expresses deep concern about evidence of child labour in Malian gold mines, agriculture and forestr, forestry and other sectors of the economy, reportedly involving children as young as six years old; notes Malian laws prohibiting child labour, and the particularly hazardous nature of gold mining; calls, therefore, on the Malian authorities to implement the policy proposals in its Action Plan for the Fight against Child Labour (PANETEM) of June 2011, and to promote universal education more actively; calls on the EU to work with the International Labour Organisation (ILO) and other national and international organisations, to eradicate fully child labour in Mali;
Amendment 217 #
2013/2020(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Is greatly concerned about reports of child abduction for ransom and sale in Chad, as well as other countries in the region; notes that children are trafficked internally and abroad for forced labour and sexual exploitation; notes, furthermore, that in some cases children have been abducted and sold to international adoption agencies;
Amendment 228 #
2013/2020(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Believes that a rights- based approach to the situation and development of the Tuareg people, which honestly addresses historic grievances, is essential for peace and development in the Sahel region, especially given the recent peace agreement in Mali; welcomes developments in Niger on this issue, but urges all countries with significant Tuareg populations to work with community representatives to resolve, politically and institutionally, the problems of underdevelopment and animosity; notes, furthermore, the variety of cultures across the Sahel; encourages the region's governments to include all of them in social and political dialogues;
Amendment 299 #
2013/2020(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Notes that landmines in Western Sahara have tragically caused at least 2 500 casualties since 1975, continuing to threaten many thousands of Sahrawi nomadlives, and representing a major obstacle to a resolution of the Western Saharan dispute and refugee situation; commends, therefore, the work of MINURSO, the Royal Moroccan Army, Landmine Action and others to map and clear affected areas, and encourages all actors to do everything possible to educate the population, assist victims and remove all remaining munitions;
Amendment 39 #
2013/0410(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to ensure confidentiality and greater security of the inserted data, provision should be made for limiting access to inserted data to specific users only.
Amendment 41 #
2013/0410(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The provisions governing the storage of data in the CIS frequently result in unjustifiable loss of information; this is because Member States do not systematically carry out the yearly reviews due to the administrative burden involved and the lack of appropriate resources, particularly human resources. It is therefore necessary to simplify the procedure governing the storage of data in the CIS by removing the obligation to review data annually and by setting maximum retention period of ten years, corresponding to periods provided for the directories established on the basis of this Regulation. This period is necessary due to the long procedures for processing irregularities and because these data are needed for the conduct of joint customs operations and of investigations. Furthermore, to safeguard the rules governing data protection, the European Data Protection Supervisor should be informed about cases where personal data are stored in CIS for a period exceeding five years.
Amendment 20 #
2013/0265(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) One of the key practices hindering the functioning of the internal market in card and card-based payments is the widespread existence of interchange fees, which are in most Member States not subject to any legislation. Interchange fees are inter-bank fees usually applied between thepassed from card- acquiring payment service providers and theto card-issuing payment service providers belonging to a certain cardthe relevant scheme. Interchange fees are a main parcomponent of the fees charged to merchants by acquiring payment service providers for every card transaction. Merchants in turn incorporate these card costs in the general prices of goods and services. Competition between card schemes appears in practice to be largely aimed at convincing as many issuing payment service providers (e.g. banks) as possible to issue their cards, which usually leads to higher rather than lower interchange fees on the market, in contrast with the usual price disciplining effect of competition in a market economy. Regulating interchange fees would improve the functioning of the internal market.
Amendment 21 #
2013/0265(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The currently existing wide varietyhigh level of interchange fees and their levelmay prevent the emergence of ‘new’ pan Union players on the basis of different business models with lower interchange fees, to the detriment of potential economies of scale and scope and their resulting efficiencies. This has a negative impact on retailers and consumers and prevents innovation. As Pan-Union players would have to offer issuing banks as a minimum the highest level of interchange fee prevailing in the market they want to enter it also results in persisting market fragmentation. Existing domestic schemes with lower or no interchange fees may also be forced to exit the market because of the pressure from banks to obtain higher interchange fees revenues. As a result, consumers and merchants face restricted choice, higher prices and lower quality of payment services while their ability to use pan- Union payment solutions is restricted. In addition, retailers cannot overcome the fee differences by making use of card acceptance services offered by banks in other Member States. Specific rules applied by the payment schemes require the application of the interchange fee of the ‘Point of Sale’ (country of the retailer) for each payment transaction. This prevents acquiring banks from successfully offering their services on a cross border basis. It also prevents retailers from reducing their payment costs to the benefit of consumers.
Amendment 27 #
2013/0265(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The Honour all Cards Rule is a twofold obligation imposed by issuing payment services providers and payment card schemes on payees to, on the one hand, accept all the cards of the same brand (‘Honour all Products’ - element), irrespective of the different costs of these cards, and on the other hand irrespective of the individual issuing bank which has issued the card (‘Honour all Issuers’ – element). It is in the interest of the consumer that for the same category of cards with the same fee the payee cannot discriminate between issuers or cardholders, and payments schemes and payment service providers can impose such obligation on them. Therefore, although the ‘Honour all Issuers’ element of the Honour all Cards Rule is a justifiable rule within a payment card system, since it prevents that payees from discriminating between the individual banks which have issued a card, the ‘Honour all Products’ element is essentially a tying practice that has the effect of tying acceptance of low fee cards to acceptance of high fee cards. A removal of the ‘Honour all Products’ element of the Honour All Cards Rule would allow merchants to limit the choice of payment cards they offer to low(er) cost payment cards only, which would also benefit consumers through reduced merchants' costs. Merchants accepting debit cards would then not be forced also to accept credit cards, and those accepting credit cards would not be forced to accept commercial cards. However, to protect the consumer and his ability to use the payment cards as often as possible, merchants should be obliged to accept all cards that are subject to the same regulated interchange fee. Such a limitation would also result in a more competitive environment for cards with interchange fees not regulated under this Regulation, as merchants would gain more negotiating power as regards the conditions under which they accept such cards.
Amendment 32 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation does not apply to payment card transactions carried out under payment card scheme in respect of which the total number of cards issued to customers in the Union by or under the relevant payment card scheme is 1% or less of the total number of payment cards issued by all payment card schemes in the Union.
Amendment 35 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(c) transactions with cards issued byunder three party payment card schemes.
Amendment 36 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'debit card transaction’' means an card payment transaction included withing prepaid cards linked to a current or deposit access account to which a transaction is debited in less than or 48 hours after the transaction has been authorised/initiatedtwo business days after the receipt of the payment order by the issuer.
Amendment 38 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘'credit card transaction’' means an card payment transaction where thea transaction is settleddebited in more than 48 hours after the transaction has been authorised/initiatedtwo business days after the receipt of the payment order by the issuer;
Amendment 72 #
2013/0265(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Payment card schemes and processing entities shall be independent in terms of legal form, organisation and decision making. They shall not discriminate in any way between their subsidiaries or shareholders on the one hand and users of these schemes and other contractual partners on the other hand and shall not in particular make the provision of any service they offer conditional in any way on the acceptance by their contractual party of any other service they offer.
Amendment 78 #
2013/0265(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Acquirers shall offer and charge payees individually specified merchant service charges for different categories and different brands of payment cards with different interchange fee levels unless merchants request in writing acquiring payment services providers to charge blended merchant services charges.
Amendment 82 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Payment schemes and payment service providers shall not apply any rule that may oblige payees accepting cards and other payment instruments issued by one issuing payment service provider within the framework of a payment instruments scheme to also accept other payment instruments of the same brand and/or category issued by other issuing payment service providers within the framework of the same scheme, except if they are subject to the same regulated interchange fee.
Amendment 265 #
2013/0246(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that a traveller may, after giving the organiser reasonable notice, but no later than seven days before departure, on a durable medium before the start of the package, transfer the contract to a person who satisfies all the conditions applicable to that contract.
Amendment 313 #
2013/0246(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In cases of termination under paragraphs 1, 2 and 3, the organiser shall reimburse any undue payment made by the traveller within fourteen10 working days.
Amendment 377 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The prescription period for introducing claims under this Article shall not be shorter than one year from the date on which the traveller reaches his return destination.
Amendment 46 #
2013/0165(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The mandatory equipping of vehicles with the eCall in-vehicle system should initially apply only to new passenger cars and light commercial vehicles (categories M1 and N1) for which an appropriate triggering mechanism already exists. Only once it has been established that the eCall in-vehicle system works properly should thought be given to broadening the range of vehicles to which the system is required to be fitted.
Amendment 56 #
2013/0165(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to ensure open choice for customers and fair competition, as well as encourage innovation and boost the competitiveness of the Union’'s information technology industry on the global market, the eCall in-vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open- access platform taking due account of existing in-vehicle systems for possible future in- vehicle applications or services.
Amendment 67 #
2013/0165(COD)
Proposal for a regulation
Article 3 – point 1
Article 3 – point 1
(1) ‘e-Call in-vehicle system’ means a system activated either automatically via in-vehicle sensors or manually, which carries, by means of mobile wireless communications networks, a standardised minimum set of data and establishes a 112- based audio channel between the occupants of the vehicle and athe closest public safety answering point;
Amendment 7 #
2013/0128(COD)
Proposal for a decision
Recital 2
Recital 2
(2) Jordan's economy has been significantly affected by domestic events related to the events in the Southern Mediterranean since the end of 2010, known as the "'Arab Spring"', and by the ongoing regional unrest, notably in neighbouring Egypt and Syria. Combined with a weaker global environment, the repeated disruptions to the flow of natural gas from Egypt, which have forced Jordan to replace gas imports from Egypt with more expensive fuels for electricity generation, and the important inflow of refugees from Syria have resulted in important external and budgetary financial gaps and become a cause of social unrest.
Amendment 15 #
2013/0128(COD)
Proposal for a decision
Recital 9
Recital 9
(9) The Union macro-financial assistance should not merely supplement programmes and resources from the IMF and the World Bank, but should also ensure the added value of Union's involvement. The Commission should ensure that the Union macro-financial assistance is legally and substantially in line with the measures taken within the different areas of external action and other relevant Union policies, and, as far as is possible, with the actions of other cooperating international institutions.
Amendment 19 #
2013/0128(COD)
Proposal for a decision
Recital 10
Recital 10
(10) The specific objectives of the Union macro-financial assistance should be to strengthen efficiency, transparency and accountability of the public finance management systems in Jordan and to promote structural reforms aimed at supporting sustainable and inclusive growth, employment creation and fiscal consolidation. The implementation of these objectives should be regularly monitored by the Commission.
Amendment 138 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1225/2009
Article 7, paragraph 1
Article 7, paragraph 1
Provisional duties shall not be applied within a period of two week10 working days after the information is sent to interested parties under Article 19a. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.
Amendment 213 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1225/2009
Article 19a
Article 19a
The Union producers, importers and exporters and their representative associations, and representatives of the exporting country, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two week10 working days before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties. Such information shall include:
Amendment 214 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1225/2009
Article 19a
Article 19a
In cases where it is intended not to impose provisional duties but to continue the investigation, interested parties shall be informed of the non-imposition of duties two week10 working days before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties.'
Amendment 279 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Regulation (EC) No 597/2009
Article 12, paragraph 1
Article 12, paragraph 1
Provisional duties shall not be applied within a period of two week10 working days after the information is sent to interested parties under Article 29b. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.
Amendment 322 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Council Regulation (EC) No 597/2009
Article 29b – introductory part
Article 29b – introductory part
1. The Union producers, importers and exporters and their representative associations, and the country of origin and/or export, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two week10 working days before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties.
Amendment 15 #
2013/0089(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In order to improve and facilitate access to trade mark protection and to increase legal certainty and predictability, the procedure for the registration of trade marks in the Member States should be efficient and transparent and should follow rules similar to those applicable to European trade marks. With a view to achieving a consistent and balanced trade mark system both at national and Union level, all the central industrial property offices of the Member States should therefore limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of absolute grounds for refusal only. This should however not prejudice the right of those offices to provide, upon request of applicants, or if those offices deem it appropriate, searches for earlier rights on a purelyn informative basis and without any prejudice to or binding effect on the further registration process, including subsequent opposition proceedings.
Amendment 27 #
2013/0089(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
The offices shall limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of the absolute grounds for refusal provided for in Article 4. This provision shall be applied without prejudice to the right of those offices to carry out examinations should they deem them necessary or at the request of applicants.
Amendment 33 #
2013/0089(COD)
Proposal for a directive
Article 52 – paragraph 1
Article 52 – paragraph 1
Member States shall ensure that the offices cooperate with each otherould take steps to develop cooperation between the offices and with the Agency in order to promote convergence of practices and tools and achieve coherent results in the examination and registration of trade marks.
Amendment 35 #
2013/0089(COD)
Proposal for a directive
Article 53 – paragraph 1
Article 53 – paragraph 1
Member States shall take steps to ensure that the offices cooperate with the Agency in all areas of their activities other than those referred to in Article 52 which ary which they consider to be of relevance for the protection of trade marks in the Union, but other than those referred to in Article 52.
Amendment 41 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 98
Article 1 – paragraph 1 – point 98
Regulation (EC) 207/2009
Title XII – Section 1a – Article 123 c –paragraph 2
Title XII – Section 1a – Article 123 c –paragraph 2
The Agency shall, in cooperation with the offices of the Member States, define, elaborate and coordinate common projects of Union interest with regard to the areas referred to in paragraph 1. The project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the Member States and the Benelux Office for Intellectual Property.
Amendment 44 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 99
Article 1 – paragraph 1 – point 99
Regulation (EC) 207/2009
Title XII – Section 3 – Article 129 – paragraph 2
Title XII – Section 3 – Article 129 – paragraph 2
The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. Before being appointed, the candidate selected by the Management Board may be invited to make a statement before any competent European Parliament committee and to answer questions put by its members. For the purpose of concluding the contract with the Executive Director, the Agency shall be represented by the chairperson of the Management Board.
Amendment 46 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 99
Article 1 – paragraph 1 – point 99
Regulation (EC) 207/2009
Title XII – Section 3 – Article 129 – paragraph 2 – subparagraph 2
Title XII – Section 3 – Article 129 – paragraph 2 – subparagraph 2
The Executive Director may be removed from the office only upon a decision of the Management Board acting on a proposal from the European Commission.
Amendment 117 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point d
Article 1 – paragraph 1 – point 1 – point d
Regulation (EC) No 261/2004
Article 2 – point l
Article 2 – point l
Amendment 121 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point m
Article 2 – point m
«extraordinary circumstances» means circumstances which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned andoutside the control of the air carrier concerned and, in so far as they do not stem from a failure to comply with safety rules and regulations, are beyond its actual control. For the purposes of this Regulation, extraordinary circumstances shall include the circumstances set out in the Annex;
Amendment 163 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 1 – introductory part
Article 6 a – paragraph 1 – introductory part
Where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight, the Community air carrier operating the onward connecting flightresponsible for the delay shall offer the passenger:
Amendment 170 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 2
Article 6 a – paragraph 2
Where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight, the passenger shall have a right to compensation by the Community air carrier operating that preceding flight in accordance with Article 6(2). For these purposes, the delaycompensation shall be calculated on the basis of the lateness of the preceding connecting flight by reference to theits scheduled time of arrival at the final destination.
Amendment 182 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 261/2004
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
reimbursement within seven working days of the passenger's request, by the means provided for in Article 7(3), of the flighticket price, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
Amendment 194 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16 a – paragraph 2
Article 16 a – paragraph 2
If a passenger wants to make a complaint to the air carrier with regard to his rights under this Regulation, he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed. Within 7 working days of receiving the complaint, the carrier shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the carrier shall provide a full answer to the passenger.
Amendment 219 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 1 – point ii
Annex 1 – point 1 – point ii
technical problems whisuch are not inherent in the normal operation of the aircraft, such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operations the identification, despite technical checks having been carried out correctly, of a defect which prevents the flight operation from being carried out safely; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety;
Amendment 224 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 1 – point vii
Annex 1 – point 1 – point vii
labour disputes at the operating air carrier or at essential service providers such as airports and Air Navigation Service Providers.
Amendment 229 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 2 – point ii
Annex 1 – point 2 – point ii
unavailability of flight crew or cabin crew (unless caused by labour disputes).
Amendment 190 #
2013/0049(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 349 #
2013/0049(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The penalties referred to in paragraph 1 shall have regard to the size and situation of the undertakings and in particular to the situation of small and medium-sized enterprises. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements.
Amendment 2 #
2012/2294(INI)
Motion for a resolution
Recital A
Recital A
A. wWhereas a clean and healthy environment is a precondition for maintaining prosperity and a high quality of life in Europe, but soas is the strength and competitiveness of the economy;
Amendment 7 #
2012/2294(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the growth of GreenTech in the past years has shown that investing in green growth is not only a costly duty but it can be a huge economic opportunity; whereas although nearly every sector has suffered big losses as a result of the recession, the green sector has suffered a drop in growth but is still growing;
Amendment 9 #
2012/2294(INI)
Motion for a resolution
Recital D
Recital D
D. wWhereas it is necessary to replacmake the current resource-intensive economy by amore resource-efficient one, by transfby suppormting established industries into green high value-added industries that create jobs while protecting the environment;
Amendment 10 #
2012/2294(INI)
Motion for a resolution
Recital E
Recital E
E. whereas environment-friendly solutions willcan attract a new generation of high-tech manufacturing and services, increase European competitiveness and create new high-skilled jobs;
Amendment 24 #
2012/2294(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to develop a European strategy for matching workforce skills with the needs of the Green Tech sector, looking to different subsectors and their needs for qualified workers as well as developing an EU-wide database for highly-skilled green jobs;
Amendment 31 #
2012/2294(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that a new sustainable economy for the EU must ensure balanced economic and social development; calls for an ambitious sustainable industrial policy with an emphasis on resource efficiency; stresses that the green economy needs to offer prospects for decent, well-paid jobs, with focus on the protection of the environment;
Amendment 38 #
2012/2294(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to map differentpropose approach towards changing perceptions of eco-innovation and its related challenges and to build a common understanding on the different strategic opportunities eco- innovation offers for the future;
Amendment 43 #
2012/2294(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the unexploited environmental benefit potential of eco- innovation, given that it is expected to help reduce greenhouse gas emissions through, inter alia, increased use of recycled materials and production of quality products having less impact on the environment, as well as to facilitate more environment-friendly production processes and services; stresses the need to target actions on the bottlenecks and barriers that constitute obstacles to the commercialisation of eco-innovation and the internationalisation of such products and servicesworldwide;
Amendment 51 #
2012/2294(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Given that eco-innovation is a cross- cutting policy area which no single ministry or agency can tackle on its own, cCalls on the Commission and the Member States to encourage cooperation across ministries and policy levels and to monitor the implementation of the policies concerned on a regular basis;
Amendment 78 #
2012/2294(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission and the Member States to eliminate in the medium term all subsidies and financial support for fossil fuels and environmentally unsustainable policies;
Amendment 156 #
2012/2263(INI)
Motion for a resolution
Paragraph 16 – indent 3
Paragraph 16 – indent 3
– the right to education, including learning the language used in the Member State in which the minor is living, vocational training and socio-educational advice;
Amendment 11 #
2012/2144(INI)
Motion for a resolution
Recital C
Recital C
C. whereas a functional, efficient and more competitive services market is necessary for European industry;
Amendment 51 #
2012/2144(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets that Member States are often using overriding reasons of public interest (Article15 of the Services Directive) to protect and favour their domestic market, which is harmful to the internal market for services; highlights the fact that burdensome legal- form and shareholder requirements, territorial restrictions, economic needs tests and fixed tariffs create unjustified obstacles to efficient cross-border establishment;
Amendment 58 #
2012/2144(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned at the growing number of discrimination cases reported by consumers; urges Member States to properly enforce Article 20(2) of the Services Directive and calls on businesses to refrain fromcease unjustified discriminatory practices on grounds of nationality or place of residence;
Amendment 9 #
2012/2103(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that an open, transparent, integrated and competitive internal energy market is needed in order to achieve competitive energy prices, security of supply, sustainability and efficient large- scale deployment of renewable energy and energy from unconventional sources, and that the completion of such a market still remains an important challenge for all Member States; welcomes the liberalisation of the internal energy market as a necessary step to cut the cost of electricity and gas for consumers while ensuring that the energy markets become more transparent and better monitored;
Amendment 25 #
2012/2103(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises the role of smart grids to allow two-way communication between electricity producers and customers, and points out that smart grids can allow consumers to observe and adapt their electricity use; also emphasises that data protection must be taken into account at the same time, right from the grid design stage;
Amendment 9 #
2012/2067(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that consumers have a right to effective and equal protection regardless of their mode of transport; calls for one single regulation comprising all provisions and principles of passenger rights in order to reduce fragmentation and reconcileto be properly implemented and for inconsistencies across the different areas of passengers’ rights to be eliminated;
Amendment 20 #
2012/2067(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for full implementation, in all formfor individual means of transport, in all member countries and in all cross-border travel, of the ten rights of passengers as issued by the Commission in its communication;
Amendment 41 #
2012/2067(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that carriers should post at each terminal or airport from which they operate at least one representative, and/or provide a complaint desk, authorised to take immediate decisions in case of disruption in accordance with the current rules on passenger rights;
Amendment 25 #
2012/2040(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that domestic and cross- border multilateral interchange fees (MIFs) in the Single Euro Payments Area (SEPA) vary significantly between Member States; Believes that both domestic and cross-boarder multilateral interchange fees in the Single Euro Payments Area (SEPA) should be harmonised and progressively banned by a fixed deadline and that, in parallel,in order to allow consumers to benefit from the Single Market; Calls on the Commission to conduct an impact assessment, by the end of 2012, on setting a cap for MIFs and progressively reducing it; Calls on the Commission to propose, if justified by the results of the impact assessment, a Regulation harmonising MIFs and progressively decreasing them so as to be aligned with real costs by the end of 2015; Believes that surcharges, rebates and other steering practices should be progressively banned as well, paving the way for a more transparent European sSingle mMarket of payments;
Amendment 78 #
2012/0366(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The labelling provisions also need to be adapted tso new scientific evidence. For example tthat they do not mislead consumers. The indication of the yields for tar, nicotine and carbon monoxide on cigarette packets have proven tomay be mislreading as it by consumers as it often makes consumers believe that certain cigarettes are less harmful than others. Evidence also suggests that large combined health warnings are more effective than text-only warnings. In this light combined health warnings should become mandatory throughout the Union and cover significant and visible parts of the packet surface. A minimum size should be set for all health warnings to ensure their visibility and effectiveness.
Amendment 228 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
(b) to define the position, format, layout and design of the health warnings laid down in this Article, including their font type and background colour.
Amendment 269 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
c) define the position, format, layout, design, rotation and proportations of the health warnings;
Amendment 378 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage in cross-border distance sales to consumers located in the Union to register with the competent authorities in the Member State where the retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outlets established outside the Union have to register with the competent authorities in the Member State where the actual or potentialnot allow cross-border distance sales of tobacco products to consumer is located. All retail outlets intending to engage in cross- border distance sales shall submit at least the following information to the competent authorities: in the Union.
Amendment 382 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 386 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 390 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 396 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 401 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 406 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 411 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 450 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the requirements in paragraphs 3 and 4 taking into account scientific and market developments and to adopt and adapt the position, format, layout, design and rotation of the health warnings.
Amendment 472 #
2012/0366(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [Publications Office, please insert the exact date: entry into force + 1824 months] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 473 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
Member States may allow the following products, which are not in compliance with this Directive, to be placed on the market until [Publications Office, please insert the exact date: entry into force + 248 months]:
Amendment 99 #
2012/0340(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. It lays down the rules according to which Member States shall make accessible the content of websites belonging to public sector bodies, the types of which are specified in the Annex.
Amendment 114 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) ‘Content of websites’ means information to be communicated to the user by means of a user agent, including code or mark-up that defines the content's structure, presentation, and interactions, and any hardware or software system that allows users to log in and communicate with the website. It includes textual as well as non-textual information, as well as documents and forms that users can download and interact with online and offline. It also includes the processing of digital forms as well as completion of identification, authentication and payment processes. Content also includes social media content embedded in those websites and authoring tools dedicated to create user-generated content.
Amendment 119 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
(2 a) 'Authoring tools' include any software that can be used to produce web content, including user-generated content. Authoring tools include, but are not limited to, web page authoring tools, software to edit source code or markup, software to update portions of web pages, (e.g. blogging, wikis, online forums).
Amendment 141 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall apply the provisions of paragraph 1 by 31 December 2015 at the latesin accordance with their administrative, institutional and legal framework to all websites belonging to public sector bodies by 31 December 2015 at the latest for all new content of websites and by 31 December 2017 at the latest for all legacy content.
Amendment 149 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall promotencourage that the websites concerned provide a clear and concise statement on their accessibility, in particular on their compliance with this Directive and with possibly additional accessibility information in support to users.
Amendment 161 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall cooperate at Union level with industry and civil society stakeholders, at a national, and with facilitation by the Commission, at a Union level, in order to review, for the purpose of the annual reporting referred to in Article 7(4), market and technological developments and progress in web- accessibility and to exchange best practices.
Amendment 182 #
2012/0340(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission establishes, by way of implementing acts, the methodology for the monitoring of the conformity of the websites concerned with the requirements for web-accessibility as set out in Article 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(3)specified in Article 5 of Regulation (EU) No 182/2011. The methodology will be published in the Official Journal of the European Union.
Amendment 184 #
2012/0340(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The arrangements for reporting by Member States to the Commission shall be established by the Commission by way of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 9(2)specified in Article 4 of Regulation (EU) No 182/2011.
Amendment 188 #
2012/0340(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 189 #
2012/0340(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 200 #
2012/0340(COD)
Proposal for a directive
Annex – point 3
Annex – point 3
(3) Social-security benefits:, e.g. unemployment benefits, child allowances, medical costs (reimbursement or direct settlement), student grants.
Amendment 202 #
2012/0340(COD)
Proposal for a directive
Annex – point 4
Annex – point 4
(4) Personal documents:, e.g. passports or, driving license
Amendment 214 #
2012/0340(COD)
Proposal for a directive
Annex – point 12
Annex – point 12
(12) Health-related services:, e.g. interactive advice on the availability of services, online services for patients, appointments.
Amendment 201 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. QualifiedWhere trust service providers shall notify the supervisory body of their intentiond to start providing a qualified trust service ands, they shall submit to the supervisory body a security audit report carried out by a recognised independent body, as provided for in Article 16(1). Qualified trust service providers may start to provide the qualified trust service after they have submitted the notification and security audit report to the supervisory bodynotification of their intention together with a conformity assessment report provided by a conformity assessment body, as provided for in Article 16(1).
Amendment 204 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 208 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
The supervisory body shall verify the compliance of the qualifiedtrust service provider and of the trust services it provider and of the qualifieds with the requirements of this Regulation. If compliant, the supervisory body shall grant qualified status to the trust services provided by it with the requirements of the Regulation. r and indicate such status in the trusted lists referred to in Article 18, not later than one month after notification in accordance with paragraph 1.
Amendment 209 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
Amendment 213 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. A qQualified trust service which has been subject to the notification referred to in paragraph 1 cannot be refused for the fulfilment of an administrative procedure or formality by the concerned public sector body for not being included in the lists referred to in paragraph 3providers may start to provide the qualified trust service after the status referred to in paragraph 3 has been indicated in the trusted lists.
Amendment 102 #
2012/0082(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Vehicles carrying a professional vehicle registration certificate may only be used if the vehicle does not constitute a direct and immediate risk to road safety and carries a compulsory roadworthiness certificate. Those vehicles may not be used for commercial transport of persons or goods.
Amendment 109 #
2012/0082(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the information on the registration of vehicles in the Member State of the relevant authority, and in particular: the necessary documents, fees, the expected waiting time for a decision and the procedures;
Amendment 82 #
2012/0061(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.
Amendment 86 #
2012/0061(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.
Amendment 95 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unionSocial partners play an important role in the context of the posting of workers for the provision of services since social partnersthey may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay. This right should come together with their responsibility for communicating and informing about the aforementioned rates.
Amendment 104 #
2012/0061(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another Member State, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecting the important role of labour inspectorates and the social partners in this respect.
Amendment 116 #
2012/0061(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Mutual trust, a spirit of cooperationTaking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.
Amendment 135 #
2012/0061(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.
Amendment 135 #
2012/0061(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.
Amendment 138 #
2012/0061(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.
Amendment 139 #
2012/0061(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Therefore, the constituent factual elements characterising the temporary nature inherent to the notion of posting, which implies that the employer should be genuinely established in the Member State from which the posting takes place, as well as the relationship between Directive 96/71/EC and Regulation (EC) No 593/2008 on the law applicable to contractual obligations (hereinafter the ‘Rome I Regulation’) need to be further clarified, so that a broad application of the Directive is ensured.
Amendment 143 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unionSocial partners play an important role in the context of the posting of workers for the provision of services since social partnersthey may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay .This right should come together with their responsibility for communicating and informing about the aforementioned rates.
Amendment 148 #
2012/0061(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another Member State, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecting the important role of labour inspectorates and the social partners in this respect.
Amendment 149 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certainsuch control measures or administrative formalities to undertakings posting workers for the provision of services. Such control measures or administrative formalities should be proportionate and not entail unjustified, excessive administrative burdens. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained.
Amendment 150 #
2012/0061(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Mutual trust, a spirit of cooperationTaking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.
Amendment 155 #
2012/0061(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to facilitate better and more uniform application of Directive 96/71/EC, it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the Internal Market Information System (IMI) as much as possible. However, this should not prevent the application of bilateral agreements or arrangements concerning administrative cooperation.
Amendment 157 #
2012/0061(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.
Amendment 163 #
2012/0061(COD)
Proposal for a directive
Recital 18
Recital 18
(18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, and to reduce, as far as possible, differences in the level of application and enforcement across the Union, Member States should ensure that effective and, adequate, proportionate and non-discriminatory inspections are carried out on their territory and that inspected undertakings are provided with information in writing on the result of the inspection.
Amendment 168 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 171 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 175 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 178 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 182 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 188 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross-border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
Amendment 190 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘competent authority’ means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;
Amendment 193 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 193 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) "undertaking established in a Member State" means an undertaking which actually pursues an economic activity, as referred to in Article 49 of the Treaty on the Functioning of the European Union, by the provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out;
Amendment 203 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include:
Amendment 207 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, or according to national law has a professional licence or is registered with the chambers of commerce or professional bodies,
Amendment 208 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b a (new)
Article 3 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the place from which workers are posted,
Amendment 212 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d
Article 3 – paragraph 1 – subparagraph 1 – point d
(d) the place where the undertaking performs its substantial business activity and where it employs administrative staff,
Amendment 213 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e
Article 3 – paragraph 1 – subparagraph 1 – point e
Amendment 216 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The assessment of these elements shall be adapted to each specific case and take account of the nature of the activities and/or period of time in which these activities were carried out by the undertaking in the Member State in which it is established.
Amendment 219 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. In any case, the possession of a certificate concerning social security such as form A1 is an indication that an undertaking genuinely performs its activities.
Amendment 220 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2 b. The elements determining whether an undertaking in the Member State in which it is established genuinely performs activities and assessing whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, shall be interpreted in a balanced way, in accordance with the rules concerning freedom to provide services included in the Title IV, Chapter III of the Treaty on Functioning of the European Union.
Amendment 221 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 c (new)
Article 3 – paragraph 2 c (new)
Amendment 224 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross- border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
Amendment 232 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Amendment 239 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point f
Article 5 – paragraph 2 – point f
(f) keep the information provided for in the country fiches up to date, exact and exhaustive.
Amendment 241 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘'competent authority’' means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;
Amendment 242 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for Member States who then make it available to service providers from other Member States and posted workers.
Amendment 243 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1 (new)
Article 5 – paragraph 4 – subparagraph 1 (new)
Member States shall ensure that collective agreements referred to in Article 3 paragraphs 1 and 8 of Directive 96/71 are subject to registration in official registers and publication. Terms and conditions of employment referred to in Article 3 of the Directive 96/71 laid down in those collective agreements have to be applied on undertakings posting workers only from the moment of official registration and publication.
Amendment 245 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) "undertaking established in a Member State" means an undertaking which actually pursues an economic activity, as referred to in Article 49 of the Treaty on the Functioning of the European Union, by the provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out;
Amendment 261 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include:
Amendment 263 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the following administrative requirements and control measures, in the sectors of activities, identified pursuant to paragraph 2a (new) of this Article:
Amendment 266 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Member States shall impose the necessary administrative requirements and control measures mentioned in paragraph 1 in a non-discriminatory, justified and proportionate manner.
Amendment 270 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retainwithin a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 274 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, or according to national law has a professional licence or is registered with the chambers of commerce or professional bodies,
Amendment 275 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligationif necessary, to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided. The representative or the contact person can be any person chosen by the employer or employers association in the Member State of establishment of which the employer is a member.
Amendment 281 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b a (new)
Article 3 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the place from which workers are posted,
Amendment 281 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. The sectors of activities in which the national control measures listed in paragraph 1 can be applied shall be identified by the Member States based on a risk assessment. When making such risk assessment the realisation of major infrastructural projects, the special problems and needs of specific sectors, the past record of infringements, as well as the vulnerability of certain groups of workers shall be taken into account.
Amendment 284 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 (new)
Article 10 – paragraph 2 – subparagraph 1 (new)
At the end of each inspection, the competent authority shall provide a document which includes at least the name and address of the inspected undertaking, data identifying the competent authority, the days in which the inspection was carried out, the legal ground for the control measure applied, a justification on necessity and proportionality, upon request of the undertaking inspected - information that there are matters covered by trade secrets, a description of fraud identified or information that no fraud was identified, as well as any other relevant information. The inspected undertaking has the right to submit remarks with regard to the findings included in the document. The inspected undertaking receives a copy of the document.
Amendment 286 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the posted workers or their employer, only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
Amendment 289 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d
Article 3 – paragraph 1 – subparagraph 1 – point d
(d) the place where the undertaking performs its substantial business activity and where it employs administrative staff,
Amendment 290 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
(a) any outstanding remuneration which, under the applicable terms and conditions of employment is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC, would have been due;
Amendment 291 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e
Article 3 – paragraph 1 – subparagraph 1 – point e
Amendment 292 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
Article 11 – paragraph 5 – subparagraph 1 – point b
(b) refund of excessive costs, in relation to net remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.
Amendment 293 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
(b a) any back payments or refund of taxes or social security contributions unduly withheld from the worker's salary.
Amendment 295 #
Amendment 296 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 297 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 303 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 306 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 309 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 310 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The assessment of these elements shall be adapted to each specific case and take account of the nature of the activities and/or period of time in which these activities were carried out by the undertaking in the Member State in which it is established.
Amendment 313 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 317 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 321 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 332 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. For the duration of 3 years after the entry into force of this Directive, Member States may continue to apply bilateral arrangements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.
Amendment 374 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. In any case, the possession of a certificate concerning social security such as form A1 is an indication that an undertaking genuinely performs its activities.
Amendment 375 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2 b. The elements determining whether an undertaking in the State in which it is established genuinely performs activities and assessing whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, shall be interpreted in a balanced way, in accordance with the rules concerning freedom to provide services included in the Title IV, Chapter III of the Treaty on Functioning of the European Union.
Amendment 376 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Amendment 395 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In any case, the possession of a certificate concerning social security such as form A1 is an indication that an undertaking genuinely performs its activities.
Amendment 396 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. The elements determining whether an undertaking in the State in which it is established genuinely performs activities and assessing whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, shall be interpreted in a balanced way, in accordance with the rules concerning freedom to provide services included in the Title IV, Chapter III of the Treaty on Functioning of the European Union.
Amendment 398 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 c (new)
Article 3 – paragraph 2 c (new)
2c. All the factual elements enumerated in paragraph 1 and 2 are only indicative factors in the overall assessment to be made and may therefore never be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation. The non-meeting of one or more of the criteria does not necessary preclude the situation of posting, but should help in the evaluation of genuine posting. The criteria in paragraphs 1 and 2 are intended to assist a competent authority in cases where the competent authority has reason to believe that a worker may not qualify as posted under Directive 96/71/EC. In such cases the competent authority may apply the criteria and factual elements in paragraphs 1 and 2 which it considers are relevant to the circumstances under consideration. There is no requirement that evidence must be supplied in respect of each criteria or that each criteria must be satisfied in every instance of a posting.
Amendment 451 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for Member States who then make it available to service providers from other Member States and posted workers.
Amendment 455 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Member States shall ensure that collective agreements referred to in Article 3 paragraphs 1 and 8 of Directive 96/71 are subject to registration in official registers and publication. Terms and conditions of employment referred to in Article 3 of the Directive 96/71 laid down in those collective agreements have to be applied on undertakings posting workers only from the moment of official registration and publication.
Amendment 562 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retainwithin a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 581 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligationif necessary, to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided. The representative or the contact person can be any person chosen by the employer or employers association in the Member State of establishment of which the employer is a member.
Amendment 599 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States shall impose the necessary administrative requirements and control measures mentioned in paragraph 1 in a non-discriminatory, justified and proportionate manner.
Amendment 643 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
At the end of each inspection the competent authority shall provide a document which includes at least the name and address of the inspected undertaking, data identifying the competent authority, the days in which the inspection was carried out, the legal ground for the control measure applied, a justification on necessity and proportionality, upon request of the undertaking inspected - information that there are matters covered by trade secrets, a description of fraud identified or information that no fraud was identified, as well as any other relevant information. The inspected undertaking has the right to submit remarks with regard to the findings included in the document. The inspected undertaking receives a copy of the document.
Amendment 671 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the posted workers or their employer, only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
Amendment 682 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
(a) any outstanding remuneration which, under the applicable terms and conditions of employment is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC, would have been due;
Amendment 687 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
Article 11 – paragraph 5 – subparagraph 1 – point b
(b) refund of excessive costs, in relation to net remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.
Amendment 689 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
(ba) any back-payments or refund of taxes or social security contributions unduly withheld from the worker's salary.
Amendment 698 #
2012/0061(COD)
Proposal for a directive
Article 12
Article 12
Amendment 702 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 719 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 729 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 737 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 745 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 756 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 765 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 106 #
2012/0035(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where Member States intend to adopt or amend any measure falling within the scope of this Directive, they shall immediatelyould communicate to the Commission the draft measure envisaged, together with the reasoning on which the measure is based.
Amendment 108 #
2012/0035(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where appropriate, Member States shallould simultaneously communicate the texts of the basic legislative or regulatory provisions principally and directly concerned, if knowledge of such texts is necessary to assess the implications of the measure proposed.
Amendment 110 #
2012/0035(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shallould communicate the draft measure referred to in paragraph 1 again if they make changes to the draft that have the effect of significantly altering its scope or substance, or shortening the timetable originally envisaged for implementation.
Amendment 113 #
2012/0035(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
The observations of the Commission shallould be taken into account as far as possible by the Member State concerned, in particular if the observations indicate that the draft measure may be incompatible with Union law.
Amendment 115 #
2012/0035(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. When the Member State concerned definitively adopts the draft measure, it shallould communicate the final text to the Commission without delay. If observations have been made by the Commission in accordance with paragraph 4, this communication shall be accompanied by a report on the actions taken in response to the observations of the Commission.
Amendment 39 #
2012/0027(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Compliant and trustworthy economic operators who help to secure the customs clearance chain and the European Union's financial interests should, as ‘"authorised economic operators’", be able to take maximum advantage of widespread use of simplification and, taking account of security and safety aspects, benefit fromshould enjoy practical benefits including reduced levels of customs control. They may thus enjoy the status of authorised economic operator for customs simplifications or the status of authorised economic operator for security and safety. They may be granted one or other status, or both together.
Amendment 40 #
2012/0027(COD)
Proposal for a regulation
Article 5 - point 11
Article 5 - point 11
11. ‘declaration for temporary storage’ means the act whereby a person indicates, in the prescribed form and manner, that goods are placed oror are intended to be placed under that procedurin temporary storage;
Amendment 41 #
2012/0027(COD)
Proposal for a regulation
Article 5 - point 14 a (new)
Article 5 - point 14 a (new)
14a. ‘temporary storage’ means a situation in which non-Union goods are temporarily stored under customs supervision between their presentation to customs and their placement under a customs procedure;
Amendment 42 #
2012/0027(COD)
Proposal for a regulation
Article 5 - point 31 - point b
Article 5 - point 31 - point b
Amendment 43 #
2012/0027(COD)
Proposal for a regulation
Article 5 - point 31 - point c
Article 5 - point 31 - point c
Amendment 45 #
2012/0027(COD)
Proposal for a regulation
Article 6 - paragraph 3
Article 6 - paragraph 3
3. The Commission may adopt in duly justified cases decisions allowing one or several Member States to use, by way of derogation from paragraph 1, means of exchange and storage of data other than electronic data-processing techniques. That derogation shall not affect the developing, maintenance and employment of the electronic systems for the exchange of data referred to in paragraph 1.
Amendment 53 #
2012/0027(COD)
Proposal for a regulation
Article 18 - paragraph 2 - subparagraph 2
Article 18 - paragraph 2 - subparagraph 2
That obligation may be waived in certain casases where: (a) the customs representative is acting on behalf of persons which are not required to be established within the customs territory of the Union, except where otherwise provided for; or (b) there are agreements concluded with third countries under which persons established in such counties may act as customs representatives.
Amendment 54 #
2012/0027(COD)
3a. Paragraph 2 does not prevent Member States from applying the conditions that they have defined in accordance with the first sentence of paragraph 3 to a customs representative not established within the customs territory of the Union.
Amendment 57 #
2012/0027(COD)
Proposal for a regulation
Article 21 - paragraph 6 a (new)
Article 21 - paragraph 6 a (new)
6a. Holders of the status of authorised economic operator as referred to in paragraph 2 shall enjoy more favourable treatment based on the type of certificate obtained, in accordance with paragraph 2(a) and (b).
Amendment 58 #
2012/0027(COD)
Proposal for a regulation
Article 21 - paragraph 6 b (new)
Article 21 - paragraph 6 b (new)
6b. Applications from authorised economic operators shall be dealt with first.
Amendment 109 #
2012/0027(COD)
Proposal for a regulation
Article 83 - paragraph 2
Article 83 - paragraph 2
2. Where a comprehensive guarantee is to be provided for customs debts and other charges which may be incurred, aAn economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in Article 22(b) and (c)
Amendment 111 #
2012/0027(COD)
Proposal for a regulation
Article 91 - paragraph 2
Article 91 - paragraph 2
2. Where the customs debt is incurred as the result of an act which, at the time it was committed, was liable to give rise to criminal court proceedings, the three year period laid down in paragraph 1 shall be extended to a period of tenfive years.
Amendment 123 #
2012/0027(COD)
Proposal for a regulation
Article 117 - paragraph 1 a (new)
Article 117 - paragraph 1 a (new)
The competent customs office may waive the lodging of an entry summary declaration in respect of goods for which, prior to the expiry of the time-limit for lodging that declaration, a declaration for temporary storage is lodged. That declaration for temporary storage shall contain at least the particulars necessary for the entry summary declaration. Until such time as the goods declared are presented to customs in accordance with Article 124, the declaration for temporary storage shall have the status of an entry summary declaration.
Amendment 128 #
2012/0027(COD)
Proposal for a regulation
Article 124 - paragraph 3
Article 124 - paragraph 3
3. The person presenting the goods shall make a reference to the entry summary declaration or customs declaration or declaration for temporary storage which has been lodged in respect of the goods, except where the lodging of suchan entry summary declaration is not required.
Amendment 129 #
2012/0027(COD)
Proposal for a regulation
Article 124 - paragraph 4
Article 124 - paragraph 4
4. Where non-Union goods presented to customs are not covered by an entry summary declaration, and except where the lodging of such declaration is not required, the holder of the goods shall lodge such a declaration or a customs declaration replacing it immediatelyone of the persons referred to in Article 114 shall immediately lodge an entry summary declaration or a customs declaration or a declaration for temporary storage replacing the entry summary declaration.
Amendment 130 #
2012/0027(COD)
Proposal for a regulation
Article 125 a (new)
Article 125 a (new)
Article 125a Temporary storage of goods Except where non-Union goods are placed under a customs procedure, they shall be in temporary storage from the moment of their presentation to customs in the following cases: (a) where goods brought into the customs territory of the Union are presented to customs immediately upon their arrival in accordance with Article 124; (b) where goods are presented to the customs office of destination in the customs territory of the Union in accordance with the rules governing the transit procedure; (c) where goods are brought from a free zone into another part of the customs territory of the Union.
Amendment 131 #
2012/0027(COD)
Proposal for a regulation
Article 125 b (new)
Article 125 b (new)
Amendment 132 #
2012/0027(COD)
Proposal for a regulation
Article 125 c (new)
Article 125 c (new)
Article 125c Amendment and invalidation of a declaration for temporary storage 1. The declarant may, upon application, be authorised to amend one or more particulars of the declaration for temporary storage after it has been lodged. No amendment shall be possible after any of the following : (a) the customs authorities have informed the person who lodged the declaration that they intend to examine the goods ; (b) the customs authorities have established that particulars of the declaration are incorrect; ; (c) the goods have been presented to customs. 2. Where the goods for which a declaration for temporary storage has been lodged are not presented to customs, the customs authorities shall invalidate that declaration: (a) upon application by the declarant; and (b) within a specific time-limit after the declaration has been lodged.
Amendment 133 #
2012/0027(COD)
Proposal for a regulation
Article 125 d (new)
Article 125 d (new)
Article 125d Conditions and responsibilities for the temporary storage of goods 1. Goods in temporary storage shall be stored only in temporary storage facilities in accordance with Article 125e or, where justified, in other places designated or approved by the customs authorities. 2. Without prejudice to Article 120(2), goods in temporary storage shall be subject only to such forms of handling as are designed to ensure their preservation in an unaltered state without modifying their appearance or technical characteristics. 3. The person presenting the goods in accordance with Article 124(1) and (2) shall be responsible for the following: (a) ensuring that goods in temporary storage are not removed from customs supervision; (b) fulfilling the obligations arising from the storage of goods in temporary storage. The holder of the authorisation referred to in Article 125e shall be responsible in accordance with paragraph 1 for goods stored in its temporary storage facilities. 4. Where, for any reason, goods cannot be maintained in temporary storage, the customs authorities shall without delay take all measures necessary to regularise the situation of the goods in accordance with Articles 167, 168 and 169.
Amendment 134 #
2012/0027(COD)
Proposal for a regulation
Article 125 e (new)
Article 125 e (new)
Amendment 135 #
2012/0027(COD)
Proposal for a regulation
Title 4 - Chapter 2 - Section 3 - title
Title 4 - Chapter 2 - Section 3 - title
Formalities after presentation Temporary storage of goods
Amendment 136 #
2012/0027(COD)
Proposal for a regulation
Article 126 - title
Article 126 - title
Obligation to place non-Union goodsgoods in temporary storage under a customs procedure
Amendment 137 #
2012/0027(COD)
Proposal for a regulation
Article 126 - paragraph 1
Article 126 - paragraph 1
1. Without prejudice to Articles 167,168 and 169 non-Union goods presented to customs shall be placed under a customs procedureNon-Union goods in temporary storage shall be placed under a customs procedure or re-exported within a specific time-limit.
Amendment 138 #
2012/0027(COD)
Proposal for a regulation
Article 126 - paragraph 2
Article 126 - paragraph 2
2. Except aswhere otherwise provided, the declarant shall be free to choose the customs procedure under which he wishes to place the goods, under the conditions for that procedure, irrespective of their nature or quantity, or their country of origin, consignment or destination.
Amendment 139 #
2012/0027(COD)
Proposal for a regulation
Article 129 - point ca (new)
Article 129 - point ca (new)
ca. the specific time-limit for re- exportation as referred to Article 126(1).
Amendment 140 #
2012/0027(COD)
Proposal for a regulation
Article 134 - paragraph 1
Article 134 - paragraph 1
1. All goods intended to be placed under a customs procedure, except for the free zone and the temporary storage procedures, shall be covered by a customs declaration appropriate for the particular procedure.
Amendment 142 #
2012/0027(COD)
Proposal for a regulation
Article 138 - paragraph 1
Article 138 - paragraph 1
1. The customs authorities may authorise a personn authorized economic operator authorised under points (a) and (b) of Article 21(2) to lodge, at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office. In such cases, the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged. Or. en Justification
Amendment 161 #
2012/0027(COD)
Proposal for a regulation
Article 148 - paragraph 1
Article 148 - paragraph 1
1. Customs declarations which comply with the conditions laid down in this Chapter shall be accepted by the customs authorities immediately, provided that the goods to which they refer have been presented to customs. or, to the satisfaction of the customs authorities, are made available for customs controls. Where the declaration takes the form of an entry in the declarant’s records and access to those data by the customs authorities, the declaration shall be deemed to have been accepted at the moment at which the goods are entered in the records. The customs authorities may, without prejudice to the legal obligations of the declarant or to the application of security and safety controls, waive the obligation for the goods to be presented or to be made available for customs control.
Amendment 168 #
2012/0027(COD)
Proposal for a regulation
Article 180 - point b
Article 180 - point b
(b) storage, which shall comprise temporary storage, customs warehousing and free zones;
Amendment 169 #
2012/0027(COD)
Proposal for a regulation
Article 181 - paragraph 1 - point b
Article 181 - paragraph 1 - point b
(b) the operation of storage facilities for the temporary storage or customs warehousing of goods, except where the storage facility operator is the customs authority itself.
Amendment 176 #
2012/0027(COD)
Proposal for a regulation
Article 196 - paragraph 4
Article 196 - paragraph 4
4. Upon application, the customs authorities may authorise a person to use simplifications regarding the placement of goods under the Union transit procedure and regarding the end of that procedure, including the use of a manifest transmitted by data exchange systems as a transit declaration by any airline or shipping line that operates a significant number of flights or voyages between Member States.
Amendment 178 #
2012/0027(COD)
Proposal for a regulation
Article 198 - point b
Article 198 - point b
(b) the rules for the granting of the authorisation referred to in Article 196(4) which must include the ability to use an entry in the declarant’s records only;
Amendment 179 #
2012/0027(COD)
Proposal for a regulation
Article 199 - paragraph 3
Article 199 - paragraph 3
3. The customs authorities may, where an economic need exists and customs supervision will not be adversely affected, authorise the storage of Union goods in a storage facility for temporary storage or customs warehousing. Those goods shall not be regarded as being under the temporary storage or customs warehousing procedure.
Amendment 181 #
2012/0027(COD)
Proposal for a regulation
Article 200 - paragraph 1 - point a
Article 200 - paragraph 1 - point a
(a) ensuring that goods under the temporary storage or customs warehousing procedures are not removed from customs supervision;
Amendment 182 #
2012/0027(COD)
Proposal for a regulation
Article 200 - paragraph 1 - point b
Article 200 - paragraph 1 - point b
(b) fulfilling the obligations arising from the storage of goods covered by the temporary storage or customs warehousing procedures;
Amendment 183 #
2012/0027(COD)
Proposal for a regulation
Article 200 - paragraph 1 - point c
Article 200 - paragraph 1 - point c
(c) complying with the particular conditions specified in the authorisation for the operation of a customs warehouse or temporary storage facilities.
Amendment 184 #
2012/0027(COD)
Proposal for a regulation
Article 200 - paragraph 3
Article 200 - paragraph 3
3. The holder of the procedure shall be responsible for fulfilling the obligations arising from the placing of the goods under the temporary storage or customs warehousing procedures.
Amendment 188 #
2012/0027(COD)
Proposal for a regulation
Article 218 - paragraph 5
Article 218 - paragraph 5
5. Waste and scrap resulting from destruction of goods placed under the end- use procedure shall be deemed to be placed under thein temporary storage procedure.
Amendment 196 #
2012/0027(COD)
Proposal for a regulation
Article 235 - paragraph 3 - point c
Article 235 - paragraph 3 - point c
(c) goods under thein temporary storage procedure which are directly re-exported from a temporary storage facility.
Amendment 207 #
2012/0027(COD)
Proposal for a regulation
Article 243 - paragraph 2
Article 243 - paragraph 2
2. The delegation of power referred to in Articles 2, 7, 10, 16, 20, 23, 25, 31, 33, 43, 55, 57, 64, 76, 87, 94, 102, 109, 113, 118, 129, 133, 136, 139, 142, 145, 151, 155, 157, 166, 171, 173, 177, 179, 182, 184, 186, 190, 192, 195, 198, 202, 217, 219, 230, 232, 234, 238, 241 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation period of 5 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 209 #
2012/0027(COD)
Proposal for a regulation
Article 243 - paragraph 4
Article 243 - paragraph 4
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. Because some or all provisions of a draft delegated act could fundamentally change the way in which the basic rules set out in this Regulation were applied prior to its entry into force, the Commission shall ensure that proper pre- adoption consultation with the Council, the European Parliament and the business community takes place in good time and that their views are taken into account before a delegated act is adopted so as to avoid potentially negative effects on the Union's competitiveness.
Amendment 163 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or an identifiable natural person who can be identifieduniquely, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an name, identification number, location data, online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. If identification requires a disproportionate amount of time, effort or material resources, the natural living person shall not be considered identifiable;
Amendment 168 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3 – point a (new)
Article 4 – paragraph 1 – point 3 – point a (new)
a) 'anonymous data' shall mean information that has never related to a data subject or has been collected, altered or otherwise processed so that it cannot be attributed to a data subject.
Amendment 171 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3 a (new)
Article 4 – paragraph 1 – point 3 a (new)
(3 a) 'pseudonymous data' means any personal data that has been collected, altered or otherwise processed so that it of itself cannot be attributed to a data subject without the use of additional data which is subject to separate and distinct technical and organisational controls to ensure such non attribution, or that such attribution would require a disproportionate amount of time, expense and effort
Amendment 175 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Article 4 – paragraph 1 – point 8
(8) ‘the data subject's consent’ means any freely given specific, informed and explicit indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processedorm of statement or conduct by the data subject indicating assent to the data processing proposed. Silence or inactivity does not in itself indicate acceptance;
Amendment 178 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Article 4 – paragraph 1 – point 9
(9) ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;, which is likely to adversely affect the protection of the personal data or privacy of the data subject.
Amendment 180 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 13
Article 4 – paragraph 1 – point 13
(13) ‘'main establishment’' means as regards the location as designated by the undertaking or group of undertakings, whether controller, the place of its establishment in the Union where the main decisions as or processor, subject to the consistency mechanism set out in Article 57, on the basis of, but not limited to, the purposes, conditions and means of the processing of personal data are taken; if no decisions as to the purposes, conditions and means of the processing of personal data are taken in the Union, the main establishment is the place where the main processing activities in the context of the activities of an establishment of a controller in the Union take place. As regards the processor, ‘main establishment’ means the place of its central administrfollowing optional objective criteria: (1) the location of the European headquarters of a group of undertakings; (2) the location of the entity within a group of undertakings with delegated data protection responsibilities; (3) the location of the entity within the group which is best placed in terms of management functions and administrative responsibilities to deal with and enforce the rules as set out in this Regulation; or (4) the location where effective and real management activities are exercised determining the data processing through stable arrangements. The competent authority shall be informed by the undertaking or group of undertakings of the designation inof the Union;main establishment.
Amendment 196 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(f a) processing is necessary for fraud detection and prevention purposes according to applicable financial regulation or established industry, or professional body, codes of practice.
Amendment 198 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f b (new)
Article 6 – paragraph 1 – point f b (new)
(f b) only pseudonymous data is processed.
Amendment 255 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
(b) the data are not collected from the data subject and the provision of such information proves impossible or would involve a disproportionate effort and generate excessive administrative burden, especially when the processing is carried out by a SME as defined in EU recommendation 2003/361; or
Amendment 264 #
Amendment 266 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. The right to erasure shall not apply when the retention of personal data is necessary for the performance of a contract between an organisation and the data subject, or when there is a regulatory requirement to retain this data, or for fraud prevention purposes;
Amendment 267 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 270 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or when the storage period consented to has expired, and where there is no other legal ground for the processing of the data;
Amendment 272 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 289 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3 a. Where pseudonymous data are processed based on Article 6(1)(g), the data subject shall have the right to object free of charge to the processing. This right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information.
Amendment 290 #
2012/0011(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
Measures based on profilautomated processing
Amendment 294 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every natural person shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviourA data subject shall not be subject to a decision which is unfair or discriminatory, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this data subject.
Amendment 295 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 309 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 314 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 317 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 324 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Having regard to the state of the art and the cost of implementation, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures and procedures in such a way that the processing will Where required, mandatory measures may be adopted to ensure that categories of goods or services are designed and have default settings meeting the requirements of this Regulation relating to the protection of individuals with regard to the processing of personal data. Such measures shall be based on standardisation pursuant to [Regulation .../2012 of the European Parliameent the requirements of this Reguland of the Council on European standardisation, and ensure the protection of the rights of the data subjectmending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Decision 87/95/EEC and Decision No 1673/2006/EC].
Amendment 328 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only thoseUntil such time as mandatory measures have been adopted peursonal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes, both uant to paragraph 1, Member States shall ensure that no mandatory design or default requirements are imposed on goods or services relating terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to ao the protection of individuals with regard to the processing of personal data which could impede the placing of equipment on the market and the free circulation of such goods and services in iandefinite number of individual between Member States.
Amendment 330 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 332 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 338 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each controller and processor and, if any, the controller's representative, shall maintain documentation of all processing operationsthe main categories of processing under its responsibility.
Amendment 340 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. The core documentation shall contain at least the following information:
Amendment 341 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point c
Article 28 – paragraph 2 – point c
(c) the purposes of the processing, including the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1);generic purposes of processing.
Amendment 344 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point f
Article 28 – paragraph 2 – point f
(f) where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or an international organisation and, in case of transfers referred to in point (h) of Article 44(1), the documentation of appropriata reference to the safeguards employed;
Amendment 360 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, the controller shall, without undue delay and, where feasible, not later than 24 hours after having become aware of it, notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours, notify the personal data breach to the supervisory authority.
Amendment 24 #
2011/2175(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages the promotion of initiatives to prevent food waste, already at the individual consumer level, by raising consumer awareness and promoting responsible behaviour, for example, when shopping;
Amendment 29 #
2011/2175(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on stakeholders to continue to take shared responsibility; encourages them to enhance coordination along the food supply chain, tackle disparities in food distribution, limit unnecessary use and to improve logistics, stock management and packaging; believes that discount offers should to a greater extent target excess stock and food near expiry;
Amendment 31 #
2011/2175(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses the importance of continuing to invest in the development of innovative production techniques, i.e. in efficient methods for packing and storing products;
Amendment 48 #
2011/2175(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Encourages Member States to promote branded products and to achieve the EU’s food policy objective of expanding the scope of high-quality food in the common market;
Amendment 6 #
2011/2155(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the publication of the Internal Market Scoreboard has consistently helped to reduce the transposition deficit, butenhance transposition of Single Market rules by providing objective and substantive data on transposition and implementation of these rules by the Member States, and whereas objective data should remain at the core of the Internal Market Scoreboard exercise; whereas a more qualitative approach needs to be takenadopted which looks beyond the figures and identifies the reasons for this deficit;
Amendment 17 #
2011/2155(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas in the last few months as many as seven Member States have fallen even further behind in the transposing of EU directives;
Amendment 18 #
2011/2155(INI)
Motion for a resolution
Recital K
Recital K
K. whereas more accurate information is needed on the quality of transposition, and whereas the Commission's Pilot Project can be used in tandem with the Internal Market Scoreboard to detect transposition failures and act rapidly to solve them;
Amendment 19 #
2011/2155(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas better quality in the drafting of adopted legislation could help reduce delays in the transposition of EU law;
Amendment 22 #
2011/2155(INI)
Motion for a resolution
Recital S
Recital S
S. whereas, although SOLVIT's capacity has recently been improved thanks to better staffing, it is nevertheless important to consolidate itit is important to consolidate and further develop SOLVIT's presence and capacities in all layers of the national administrations in order to guarantee its maximum efficiency and best results;
Amendment 26 #
2011/2155(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Internal Market Scoreboard and SOLVIT as important tools with which to achieve better functioning of the, albeit of a different nature, to monitor and identify problems in the transposition and implementation of EU law, but also to identify gaps and bottlenecks in the Single Market, with a view to encouraging action for a better functioning internal market;
Amendment 27 #
2011/2155(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the fact that the Commission willhas merged the Internal Market Scoreboard, Your Europe and SOLVIT reports into a single report, which will allow a, Your Europe Advice, SOLVIT, IMI and single points of contact reports into a single comprehensive report, the Annual Governance Checkup, which allows for a reader-friendly, holistic assessment of the functioning of the single market;
Amendment 31 #
2011/2155(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the fact that considerable progress has been registered in reducing the number of long overdue directives and calls on Member States to continue their good efforts in this respect;
Amendment 35 #
2011/2155(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to carry out a qualitative assessment of the type of outstanding infringements in the Internal Market Scoreboard that distinguishes between infringements which may be easily resolved and those which result in outright disagreement between the Commission and the Member States; calls on the Commission and the Member States to work to identify the underlying reasons for these disagreements and to further eliminate them;
Amendment 40 #
2011/2155(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission to provide support for Member States in the transposition of EU law by developing new tools such as transposition guidelines and a transposition helpdesk;
Amendment 50 #
2011/2155(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Commission to take measures to improve the quality of drafting in European legislation; welcomes the efforts devoted to better and smarter law-making and encourages all three institutions involved in the legislative process to constantly endeavour to improve the quality of the legislation they jointly produce;
Amendment 58 #
2011/2155(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission and the Member States to take action to promote the Your Europe portal in national administrations and to develop cooperation between Your Europe and the websites of the national administrations;
Amendment 59 #
2011/2155(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Draws attention to the need to improve practical cooperation between existing instruments, such as Your Europe Advice, SOLVIT and the Europe Direct information network, in order to avoid duplication of activities and achieve more effective management;
Amendment 61 #
2011/2155(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to ensure the setting up of online Points of Single Contact via e-government portals in all Member States in the official language of the host country and in English; notes that the Points of Single Contact are key for the implementation of the services directive; regrets the fact that only one third of available online e-government portals provide access to online electronic procedures; calls on the Member States to provide user-friendly information in several EU languages regarding online administrative rules and procedures regarding the provision of services, in order to facilitate cross-border business in Europe;
Amendment 147 #
2011/0439(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) It is appropriate to exclude procurement made for postal services and other services than postal services as that sector has consistently been found to be subject to such competitive pressure that the procurement discipline brought about by the EU procurement rules is no longer needed.
Amendment 245 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – introductory part
Article 2 – point 4 – introductory part
(4) a ‘'body governed by public law’' means any body that has all of the following characteristics entity:
Amendment 247 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point a
Article 2 – point 4 – point a
(a) It is established for, or which has the specific purpose of, meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having and does not have an industrial or commercial character;
Amendment 252 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point b
Article 2 – point 4 – point b
(b) it hashaving legal personality;
Amendment 253 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point c
Article 2 – point 4 – point c
(c) it is financed, for the most part, bywhich satisfy at least one of the following conditions: (i) the majority of the funding is from the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or has an(ii) the majority of the administrative, managerial or supervisory board, more than half of whose members are appointed is appointed by the state, regional or local authorities, or other bodies governed by public law; (iii) decisions are subject to management control by the State, regional or local authorities, or by other bodies governed by public law;.
Amendment 290 #
2011/0439(COD)
Proposal for a directive
Article 10
Article 10
Amendment 324 #
2011/0439(COD)
Proposal for a directive
Article 19 – paragraph 1 – point f a (new)
Article 19 – paragraph 1 – point f a (new)
(fa) any of the following legal services: (i) legal representation of a client in judicial proceedings before the national courts, tribunals or public authorities of a Member State by a lawyer within the meaning of Article 1 of Directive 77/249/EEC; (ii) document certification services which must be provided by notaries; (iii) legal services provided by trustees, appointed guardians or other legal services the providers of which are designated by a court or tribunal in the Member State concerned; (iv) other legal services which in the Member State concerned are connected, even occasionally, with the exercise of official authority.
Amendment 864 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 4
Article 82 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and where it is below 520 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 178 #
2011/0438(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The increasingly diverse forms of public action have made it necessary to define more clearly the notion of procurement itself. The Union rules on public procurement are not intended to cover all forms of disbursement of public money, but only those aimed at the acquisition of works, supplies or services for consideration. The notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works, supplies or services in question, not necessarily requiring a transfer of ownership to the contracting authorities. Furthermore, the mere financing of an activity, which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended, does not usually fall under the public procurement rules. A body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activity should not be considered a body governed by public law for the purposes of this Directive.
Amendment 345 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 – introductory part
Article 2 – paragraph 1 – point 6 – introductory part
(6) ‘bodies governed by public law’ means bodies that have all of the following characteristics:
Amendment 347 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point a
Article 2 – paragraph 1 – point 6 – point a
(a) they are established for, or which have the specific purpose of, meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having; these needs should not have an industrial or commercial character;
Amendment 349 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point b
Article 2 – paragraph 1 – point 6 – point b
(b) they havehaving legal personality;
Amendment 350 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point c
Article 2 – paragraph 1 – point 6 – point c
(c) they are financed, for the most part, by the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or have an administrative, managerial or supervisory board, more than half of whose members are appointedwhich satisfy at least one of the following conditions: (i) The majority of the funding is from the State, regional or local authorities, or other bodies governed by public law; (ii) The majority of the administrative, managerial or supervisory board is appointed by the state, regional or local authorities, or other bodies governed by public law; (iii) Decisions are subject to management control by the State, regional or local authorities, or by other bodies governed by public law.
Amendment 426 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
(ca) any of the following legal services: (i) legal representation of a client in judicial proceedings before the national courts, tribunals or public authorities of a Member State by a lawyer within the meaning of Article 1 of Directive 77/249/EEC; (ii) document certification services which must be provided by notaries; (iii) legal services provided by trustees, appointed guardians or other legal services the providers of which are designated by a court or tribunal in the Member State concerned; (iv) other legal services which in the Member State concerned are connected, even occasionally, with the exercise of official authority;
Amendment 1364 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 520 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 42 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall not limit this number: - to fewer than two suppliers for each category of groundhandling services or,; - for airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least the previous three years, to fewer than three suppliers for each category of groundhandling services. or; - for airports whose annual traffic has been not less than 15 million passengers or 150 000 tonnes of freight for at least the previous three years, to fewer than four suppliers for each category of groundhandling services.
Amendment 48 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 4 – indent 2
Article 6 – paragraph 4 – indent 2
– three suppliers of groundhandling services for airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least the previous three years., or
Amendment 49 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 4 – indent 2 a (new)
Article 6 – paragraph 4 – indent 2 a (new)
- four suppliers of groundhandling services for airports whose annual traffic has been not less than 15 million passengers or 150 000 tonnes of freight for at least the previous three years.
Amendment 63 #
2011/0397(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Where specific constraints of available space or capacity at an airport, arising in particular from congestion and area utilisation rate, is so constrained that it makes it impossible to open up the market and/or implement self- handling to the degree provided for in this Regulation, the Member State concerned may decide:
Amendment 64 #
2011/0397(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) to limit to one or two suppliers one or more of the categories of groundhandling services referred to in Article 6 (2) for airports whose annual traffic is not less than 5 million passengers or 100 000 tonnes of freight, whereby in the case of a limitation to two suppliers Article 6 (3) shall apply;
Amendment 65 #
2011/0397(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c a (new)
Article 14 – paragraph 1 – point c a (new)
(ca) to limit to three suppliers one or more of the categories of groundhandling services referred to in Article 6 (2) for airports whose annual traffic is not less than 15 million passengers or 150 000 tonnes of freight, whereby Article 6 (3) shall apply;
Amendment 54 #
2011/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. For the acts listed inThe Commission may propose an amendment to the Annex II to this Regulation, the Commission may if it decides that IMI shall be used, taking into account technical feasibility, cost-efficiency, user- friendliness and overall impact on the system. In such cases, the Commission shall be empowered to include those acts in Annex I following the procedure referred to in Article 23is to be used for new legislative acts of the Union.
Amendment 55 #
2011/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Before submitting a proposal referred to in paragraph 1, the Commission may carry out pilot projects in order to assess whether IMI would be an effective tool for the implementation of provisions on administrative cooperation of internal market acts not yet listed in the Annex.
Amendment 56 #
2011/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. Any Commission proposal to amend the Annex to expand IMI shall be based on an impact assessment. That impact assessment shall indicate: (a) technical feasibility, having regard in particular to the possibility of re-using existing system functionalities; (b) cost-effectiveness, including expected costs of the hosting, maintenance and development required; (c) impact of IMI extension regarding compliance with data protection requirements; (d) definition of the significant scope to be covered by IMI in order to provide a more efficient cross-border public service; (e) detailed specifications of IT developments necessary to cover the expansion of the scope of IMI; (f) effective need to provide translation functionality; (g) user-friendliness for IMI users.
Amendment 62 #
2011/0226(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) ‘Internal Market Information System’ (‘IMI’‘) means the electronic tool provided by the European Commission to facilitate exchange of information necessary for administrative cooperation between national administrations and the Commission;
Amendment 130 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider, or between alternative roaming providers, shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within five working daythe shortest possible time, to be defined in the BEREC guidelines, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding threewo months.
Amendment 259 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers, except where they have concluded a pre-paid agreement with automatic credit increase.
Amendment 17 #
2009/2230(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that cooperation with Russia could be stepped up; wbelcomes, thereforeieves that cooperation in the Baltic Sea area should be an integral part of the new Partnership and Cooperation Agreement with Russia; welcomes, the intention of the Commission and the Member States in the region to have a renewed engagement with Russia on a vast number of areas, such as transport connections, customs and border controls; believes that the EU-Russia common spaces will provide a valuable framework in this regard; stresses, however, that deepening this cooperation should be based on the condition that Russia makes progress in the areas of democratisation and human rights;
Amendment 24 #
2009/2230(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the need to reduce the region's dependency on Russian energy; welcomes the statement of the European Commission on the need for more interconnections between Member States in the region and greater diversification of energy supplies; calls in this regard for increased support for the creation of LNG ports;
Amendment 25 #
2009/2230(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Expresses its concern with the ongoing implementation of the Nord Stream Project; calls on the Commission to fulfil the obligations put forward in the resolution of the European Parliament of 8 July 20081 on the environmental impact of the planned gas pipeline in the Baltic Sea to link up Russia and Germany;
Amendment 26 #
2009/2230(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
Amendment 32 #
2009/2230(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the amount of EUR 20 million earmarked in the 2010 EU budget specifically for the Baltic Sea Strategy can be used only for external action, which effectively means cooperation with Russia; calls to move future funds allocated to the Baltic Sea Strategy to Chapter 1 of the EU budget in order to make them available also for internal projects;
Amendment 1 #
2009/2216(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the its resolution of 17 December 2009 on Azerbaijan: freedom of expression1,
Amendment 80 #
2009/2216(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that hundreds of thousands of persons who fled their homes during or in connection with the Nagorno-Karabakh war remain displaced and denied their right to return; calls on all parties to unambiguously and unconditionally recognise this right and the need for its prompt realisation; calls on the Armenian and Azerbaijani authorities and leaders of relevant communiall parties to demonstrate their commitment to the creation of peaceful inter-ethnic relations through practical preparations for the return of displaced persons and other means; considers that the situation of the IDPs should be dealt with according to international standards, having regard inter alia to the recent PACE Recommendation 1877(2009), ‘Europe’s forgotten people: protecting the human rights of long-term displaced persons’;
Amendment 157 #
2009/2216(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underscores the importance of free and fair elections to be held in accordance with international commitments and standards; notes that the last presidential elections held in Armenia in February 2008 were once again violent and that repercussions of the internal crisis in their aftermath are still being felt; is concerned about the elimination of presidential term limits in Azerbaijan in March 2009, which allows President Ilham Aliev to stay in power for life; takes note of the municipal elections held in a peaceful manner in Azerbaijan on 23 December 2009 and awaits the report of the Council of Europe Congress of Local and Regional Authorities observation delegation thereon; calls on the Georgian authorities to ensure that the local elections scheduled for 30 May 2010 take place in accordance with international standards and that the electoral law is amended accordingly, and reaffirms that securing direct election of mayors is crucial; confirms its and the EU’s position that elections and referenda in breakaway regions are illegitimate; defends the political rights of displaced persons;
Amendment 171 #
2009/2216(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers freedom of expression to be a fundamental right and principle and the role of the media essential, is disturbed by the limitations on freedom of expression and the lack of media pluralism in the countries of the South Caucasus and calls on the authorities to ensure both; is preoccupied about attacks on journalists in Armenia and in particular about the continued detention of opposition journalist Nikol Pashinian, despite the welcomed amnesty of 18 June 2009 leading to the release of a number of imprisoned opposition activists; is concerned about the deterioration of the media climate in Azerbaijan with cases of harassment and intimidation of media professionals and deplores the detention and sentencing of the two youth activists and bloggers, Emin Milli and Adnan Hajizade; accordingly calls for their release following the appeal procedure in accordance with international standards and with respect for the principles of a fair trial as set out in Article 6 of the European Convention on Human Rights; welcomes the initiative of the Georgian Parliament to extend the Public Broadcaster Board to include more opposition and civil society representatives as well as to transform the second public channel into a political channel with the aim of deepening political pluralism;
Amendment 186 #
2009/2216(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes the view that freedom of assembly must be guaranteed, as it is instrumental to the development of a vibrant civil society; is worried about the difficulties, direct and indirect, which civil society faces in organising itself and disturbed by the adoption of laws and practices that might indirectly limit freedom of assembly, including through administrative harassment, such as the intensified checks by the fiscal authorities in Armenia; is concerned about the lack of any serious investigation into the events following the presidential elections of February 2008 when 10 people were killed and which led to the imposition of a state of emergency and restriction of a number of freedoms and rights; calls on the authorities in Azerbaijan, including the local authorities, to implement in a non- restrictive manner the legislation on freedom of assembly which, as amended, meets most international standards; is concerned that in Georgia the 2009 amendments to the Law on Assembly and Manifestations may limit freedom of assembly and curtail the ability of the opposition to mobilisewelcomes the fact that the opposition protest in the centre of Tbilisi over the period of several moth was conducted peacefully and without interference from the Government; at the same time, welcomes the efforts of the Parliament of Georgia to give due consideration to the comments provided by the Venice Commission; underlines the important role of civil society for the peace and reconciliation processes in the region;
Amendment 193 #
2009/2216(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the countries in the region to participate actively in the work of the EU- European Neighbourhood Parliamentary Assembly (EURONEST) and use the possibilities it affords for multilateral and bilateral exchanges of views; in this regard notes that the intensified dialogue between the members of parliament of the countries in the region is crucial; calls on interested national parliaments of national Member States of the EU and the European Parliament to strengthen parliamentary co-operation with the parliaments of the region with the aim of increasing their position and policy-making capacities;
Amendment 208 #
2009/2216(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes the strategic geopolitical location of the South Caucasus and its increasing importance as an energy, transport and communications corridor connecting the Caspian region and Central Asia with Europe; however, calls the countries involved and the Commission to include Armenia in relevant energy projects and to end the isolation of that country;
Amendment 211 #
2009/2216(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recognises the significance of the region for the EU’s energy cooperation and energy security, especially in the context of development of the Nabucco pipeline; notes the great value of Azerbaijan’s energy resources and the essential role these play in its economic development; underscores the importance of ensuring that the benefits deriving from the exploitation of natural resources are evenly distributed and invested in the development of the country as a whole, permitting it to brace itself against the negative repercussions of an eventual decline in oil production; notes the intensifying Azerbaijani - Russian partnership, particularly in the energy sector; welcomes the intention of Azerbaijan to diversify its economy;
Amendment 254 #
2009/2216(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes note of the current EU involvement in conflict resolution processes in the region and believes that the entry into force of the Lisbon Treaty justifies a more prominent role for the EU; welcomes the work of the EU Monitoring Mission in Georgia and calls for increased EU action to persuade Russia and the relevant de facto authorities to stop blocking the EUMM from entering South Ossetia and Abkhazia; considers that the EU now has the opportunity to play a greater role in the solution of the Nagorno- Karabakh conflict and could do so by participatunderlines the fact that the EU has an important role to play in contributing to the culture of dialogue and understanding in the nregotiations through the establishment of an EU mandate for the French Co-chair of the Minsk Groupion; asks the Commission and EUSR Mr Semneby to extend the relevant aid and information dissemination programs to Nagorno- Karabakh; also underlines the importance of EU contribution, by standing ready to launch reconstruction aid programmes and by supporting civil- society projects that aim to promote reconciliation and contacts between individuals in the region;
Amendment 5 #
2009/2173(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the need for effective compensation mechanisms for individual victims of anti-trust infringements; calls on the Commission to adopt a consistent approach between rules of collective redress in competition law and input forward as soon as possible a proposal on collective redress reflecting the principles outlined in the 'White Paper on damages actions for breach of the EU anti-trust rules' and the results of the public consultation, and consistent with the general consumer protection framework;
Amendment 35 #
2009/0108(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 1
Article 2 – paragraph 2 – point 1
(1) "protected customers" means all household customers already connected to a gas distribution network, and, if the Member State concerned so decides, can also include other customers, such as small and medium-sized enterprises, schools and hospitals provided that they are already connected to a gas distribution network;
Amendment 59 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission may declare a Community Emergency at the request of one Competent Authority or when the Community loses more than 10% of its daily gas import from third countries as calculated by ENTSO-G. It shall declare a Community Emergency wrelevant crisis level at the re more thanquest of at least one Competent Authority has declared Emergency followingfollowing the definitions set out in Article 9(2) and the verification in accordance with Article 9(6). It may declare a Community Emergency for specifically affected geographical regions comprising more than one Member State.
Amendment 60 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Commission shall convene the Gas Coordination Group as soon as it declares Community Emergencyone of the three main crisis levels as defined in Article 9(2).
Amendment 1077 #
2008/0196(COD)
Proposal for a directive – amending act
Article 21 – paragraph 3
Article 21 – paragraph 3
3. This Chapter shall notalso apply to the spare parts replaced by the trader when he has remedied the lack of conformity of the goods by repair under Article 26.
Amendment 1158 #
2008/0196(COD)
Proposal for a directive – amending act
Article 24 – paragraph 2 – point d b (new)
Article 24 – paragraph 2 – point d b (new)
(db) they have been properly packaged, so as to obviate the possibility of their being damaged.
Amendment 1196 #
2008/0196(COD)
Proposal for a directive – amending act
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled, according to his choice, to:
Amendment 1333 #
2008/0196(COD)
Proposal for a directive – amending act
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within twosix years as from the time the risk passed to the consumer.
Amendment 1344 #
2008/0196(COD)
Proposal for a directive – amending act
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within twosix years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods.
Amendment 1357 #
2008/0196(COD)
Proposal for a directive – amending act
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 1372 #
2008/0196(COD)
Proposal for a directive – amending act
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within six months of the time when the risk passed to the consumer,the period referred to in point 1 shall be presumed to have existed at that timwhen the goods were made available unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
Amendment 9 #
2007/2271(INI)
Motion for a resolution
Recital C
Recital C
C. whereas both the internal and the external dimensions of the Enlargement Strategy directly affects the Union's ability to pursue its policy objectives and to achieve an ever closer Union, as laid down in the Treaties,
Amendment 13 #
2007/2271(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, whilst previous enlargements have undoubtedly been a success both for the European Union and for the Member States which joined it, this is no guarantee that such accelerated pace can be sustained further,
Amendment 30 #
2007/2271(INI)
Motion for a resolution
Recital E
Recital E
E. whereas this strategy cannot therefore be reduced to a simple negotiating methodology but should involve a wide - ranging public debate on the Union's objectives, covering both the Union's own future, and its role in the neighbourhoodgeopolitical role,
Amendment 41 #
2007/2271(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the Union's Enlargement Strategy should be part of a more diversified array of external relations policies, reconciling the Union's geo- strategic interests with our neighbours' diverse expectations,
Amendment 53 #
2007/2271(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas these policies should reflect the need to take into account cultural differences between Member States and external partners,
Amendment 64 #
2007/2271(INI)
Motion for a resolution
Recital J
Recital J
J. whereas, as stated in its above- mentioned resolution of 13 December 2006, countries with European prospects should benefit from a close bilateral or multilateral relationship with the EU, matching their specific needs and interests; whereas diversified forms of political cooperation cannot be a substitute for membership prospects for countries meeting the Treaty criteria; whereas this option, which entails a broad spectrum of operational possibilities, would grant partner countries a stable, long-term perspective of institutionalised relations with the EU and provide the incentive necessary to foster stability, peace and democratic and economic reform in the countries concerned,
Amendment 77 #
2007/2271(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reaffirms its firm commitment to the countries with which it has started membership negotiations and to the countries which have been given clear membership prospects, with the understanding that full compliance with the Copenhagen criteria and compatibility with the Union's integration capacity must be fulfilled before these countries can join the Union, before these countries can join the Union, they must fully meet the membership and enlargement requirements laid down in the Treaties;
Amendment 96 #
2007/2271(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that the Union's Enlargement Strategy should strike a balance between the Union's geo-strategic interests, the impact of political developments outside its borders together with the resulting expectations of its neighbouring countries, and the Union's integration capacity, including its ability to cope with future internal and external challenges and to realise its political integration project;
Amendment 108 #
2007/2271(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that integration capacity reflectsand the Union's ability at a given point in time to decide and thus to achieve its political objectives interact, in particular the aim ofas regards promoting economic and social progress and a high level of employment in its Member States, of asserting its identity and its ability to act on the international scene, of promoting the rights and interests of Member States' nationals, of developing an area of freedom, security and justice, of fully maintaining and building on its acquis communautaire and of upholding fundamental rights and freedoms, as laid down in the Charter of Fundamental Rights of the European Union;
Amendment 115 #
2007/2271(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that previous enlargements have enhanced the EU’s ability to achieve its political objectives, with particular reference to its ability to act on the international scene and to promoting the European economic model and the rights and interests of Member States' nationals;
Amendment 120 #
2007/2271(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that this abilintegration capacity not only has institutional and financial implications but also involves sufficient political, social and economic cohesion within the Union, the institutional guarantees for which have been laid down in the Lisbon Treaty;
Amendment 152 #
2007/2271(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Therefore takes the view that every enlargement must be followed by adequate consolidation and political concentration, that is to say, by a serious reassessment of the Union's policies and means in order to ensure consensus around such policies and to focus on objectives which respond to the expectations of our citizens and which guarantee the viability of the Union as a political project;
Amendment 156 #
2007/2271(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Draws attention to the crucial responsibility of governments, parliaments and social and political organisations at Member State and Union level for ensuring that the EU enlargement process is understood and is a success;
Amendment 158 #
2007/2271(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 191 #
2007/2271(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines that suggested new solutions for eastern neighbours must not be regarded as an ultimate goal in relations with those countries;
Amendment 199 #
2007/2271(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Suggests, therefore, that, as regards those eastern neighbours which, in view of their political, economic and social situation and of the Union's current integration capacity, at present do not enjoy membership prospect have not been granted candidate status but at the same time fulfil certain democratic and economic conditions, the Union should establish an area based on common policies covering, in particular, economic and financial issues, trade, energy, transport, environmental issues, the rule of law, justice, security, migration and education; takes the view that these common policies, whilst striving gradually to achieve EU standards and opening the way for closer integration of these countries, should be shaped jointly with the participating countries on the basis of specific decision-making mechanisms, and should be underpinned by adequate financial assistance;
Amendment 200 #
2007/2271(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Suggests, therefore, that, as regards those eastern neighbours which, in view of their political, economic and social situation and of the Union's current integration capacity, at present do not enjoy membership prospects but at the same time fulfil certain democratic and economic conditions, the Union should establish an area based on common policies covering, in particularseek to develop advanced contractual links covering, in particular, political dialogue, foreign and security policy cooperation, economic and financial issues, trade, energy, transport, environmental issues, the rule of law, justice, security, migration and education; takes the view that these common policies, whilst strivingntractual links should pursue the overall goal of assisting the eastern neighbours to gradually to achieve EU standards and thus opening the way for their ever closer integration of these countries, should be shaped jointly with the participating countries on the basis of specific decision-making mechanisms, andinto the EU; is convinced that these links should be underpinned by adequate financial assistance;
Amendment 219 #
2007/2271(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes in this respect the launch, within the framework of the EU, of the Union for the Mediterranean as a positive step in our relations with the southern neighbours; believes that this new development strengthens the argument in favour of specific contractual multilateral relations with our eastern neighbours, which, compared to their southern partners, have clear European ambitions and perspectives; maintains that an EU- Eastern Neighbourhood Parliamentary Assembly (EURO-NEST) including the parliaments of Ukaine, Moldova, Armenia, Georgia and Azerbaijan and pro-democratic observers from Belarus should be set up as a step towards a political strengthening of the eastern dimension; recalls that, as a first step, these relations should translate themselves into the establishment of a Free Trade Area, to be followed by closer relations along the lines of a European Economic Area Plus (EEA +), of a European Commonwealth or of specific regional cooperation frameworks, for example in the Black Sea area;
Amendment 15 #
2007/2267(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Croatia has stable democratic institutions and there are no major problems as regards the rule of law and respect for fundamental rights,
Amendment 23 #
2007/2267(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Congratulates the Croatian authorities on the positive results achieved so far, particularly with regard to the number of negotiation chapters which have been opened; underlines willingness expressed by Croatian authorities to speed up internal reforms including reforms of judiciary, public administration and fight against corruption in order to close all negotiating chapters with the EU by 2009;.
Amendment 82 #
2007/2267(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Regrets the fact that the Croatian government has decided to introduce unilaterally the Ecological and Fishing Protection Zone (ZERP) in the Adriatic, thus reneging on the agreement reached in 2004 with the Italian and Slovenian authorities; reminds Croatia that, unless a commonly agreed solution is found, this could have serious repercussions on the pace of the accession negotiations;
Amendment 5 #
2007/2208(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes the view that after more than 20 years of civil war Afghanistan has become a "failed state", characterised by missing or weak institutions at all levels and unable to satisfy the most basic needs of its citizens such as education, housing, health, nutrition; is convinced that the country has become a test case for the success or failure of international development assistance and the legitimacy of bi- and multi- lateral development cooperationorganisations involved in building democracy and prosperity in that country; stresses the need for the international community to demonstrate its ability to end the vicious circle of violence and poverty and to give the country the prospect of sustainable peace and development, otherwise it may prove defenceless against the forces of terror;
Amendment 23 #
2007/2208(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the urgent need for the international community to analyse what strategic and conceptual misjudgements have contributed to the current situation in Afghanistan, including an honest assessment of both the current military strategy and the strategy for civil reconstruction; concludes that a major shift of strategy is necessary as peace, security and development will only prevail if the spiral of violence is brought to an end, if the prevailing military solution is replaced by reinforced civil reconstruction efforts, and if, as a result, the confidence of the Afghan population is restored; considers in particular that "Operation Enduring Freedom" is politically counterproductive because reconciliation and consolidation of peace cannot be imposed militarily from the outside but have to be developed inside Afghanistan on the Taliban side and, if the international forces can strengthen civil reconstruction efforts;
Amendment 97 #
2007/2208(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its deep concern about the ever-expanding cultivation and trafficking of opium which has serious political and national security implications; stresses that the opium economy has become a source of corruption and undercuts public institutions, particularly those in the security and justice sectors; since there is no obvious solution, and since repressive measures aimed at crop eradication have not produced the expected results, calls on the international community and the Afghan government to strengthen them and also to develop a long-term strategy primarily aimed at comprehensive rural development, including the establishment of the necessary infrastructure and functioning administrative institutions;
Amendment 112 #
2007/2208(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 116 #
2007/2208(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the military activities of the Taliban do not pose a direct threat to Afghanistan's sovereignty and their main objective is to sow discord among the NATO allies and create the impression that it is impossible to bring peace to the region, with the result that the dispatching of new NATO forces to Afghanistan has been suspended,
Amendment 118 #
2007/2208(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas more than half of the inhabitants of Afghanistan are living below the poverty line and the country's economy is one of the weakest in the world, with unemployment reaching 40%,
Amendment 126 #
2007/2208(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the new Afghan Constitution does not guarantee full religious freedom, since abandoning Islam remains a punishable offence,
Amendment 1 #
2007/2118(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates its opinion that, taking into consideration the increasing dependence of the EU on a limited number of energy sources, suppliers and transport routes, it is essential to support initiatives aimed at their diversification, both geographically and by developing sustainable alternatives; draws attention in particular to the need to support the development of port infrastructure used for the handling of fuels, because sea transport is the only means of ensuring cost-effective and flexible supply of such materials;
Amendment 3 #
2007/2118(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that the construction of the Nord Stream gas pipeline on the Baltic seabed, bypassing the territory of the Baltic states and Poland, should be seen as a real threat to the energy security of those countries;
Amendment 6 #
2007/2118(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that energy security must be regarded as an essential component of the overall security of the European Union, whereby the definition of energy security should not be merely limited to the lack of internal EU production but should also take into account the geopolitical aspects of dependency on imports and the potential therein for politically motivated interruptions; points out, at the same time, that the Member States' increasing dependency on natural gas supplies from Russia should be recognised as a threat to the EU's external security;
Amendment 19 #
2007/2118(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Draws attention to the fact that, given Gazprom's close links with government structures in the Russian Federation, its activities are dominated by political, not economic, priorities;
Amendment 34 #
2007/2118(INI)
Draft opinion
Paragraph 4 – indent 2
Paragraph 4 – indent 2
– a thorough legal assessment aimed at determining whether a broader set of legal framework is applicableof whether the project's implementation is in keeping with Community and international law;
Amendment 35 #
2007/2118(INI)
Draft opinion
Paragraph 4 – indent 4
Paragraph 4 – indent 4
– a trulyn independent environmental impact assessmentreport providing a thorough assessment of the gas pipeline's environmental impact during both construction and operation, to be commissioned with the approval of all littoral States;
Amendment 51 #
2007/2118(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the Member States should activimmediately consider enacting legislation which includeslaying down obligations regarding the inclusion of geopolitical security aspects ofin energy agreements;
Amendment 61 #
2007/2118(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that, given the large number of weapons dumps on the Baltic seabed, the precise location of which is unknown, the construction of the Nord Stream gas pipeline along the route currently planned by the investor may prove a particularly costly and unprofitable venture for the European Union.