BETA

429 Amendments of Johan NISSINEN

Amendment 44 #

2023/2184(INL)

Motion for a resolution
Paragraph 5
5. Reaffirms the Union's commitment to upholding fundamental rights, including the right to freedom of thought, conscience, and religion, academic freedom as well as the freedom of scientific research and the arts as enshrined in the Charter of Fundamental Rights of the European Union. Is deeply concerned about the fact that freedom of research and teaching is increasingly being placed under moral and political reservation by non-scientific ideological limits instead of limits of the applicable law;
2023/09/27
Committee: ITRE
Amendment 46 #

2023/2184(INL)

Motion for a resolution
Paragraph 6
6. Urges the Commission to take all necessary steps to protect and promote the freedom of scientific research in the Union, including using its legal authority to prevent any further backsliding with regard to this fundamental right. Calls upon the Commission to actively promote and fund scientific pluralism, so that all scholars can pursue their epistemological interests free of concerns about moral discredit, social exclusion or professional disadvantage;
2023/09/27
Committee: ITRE
Amendment 49 #

2023/2184(INL)

Motion for a resolution
Paragraph 7
7. Calls on the Member States to fully respect and uphold the freedom of scientific research, and to ensure that any measures taken in the name of public interest do not unduly restrict the freedom of scientific research. Considers it of vital importance to publicly support all scientists who face attacks on their academic freedom, in order to defend and strengthen the conditions for free research and teaching at universities;
2023/09/27
Committee: ITRE
Amendment 63 #

2023/2184(INL)

Motion for a resolution
Paragraph 12 a (new)
12a. Welcomes the UK's readmission to the EU's Horizon research programme. Regrets however that the EU is still making Switzerland's full association to Horizon Europe dependent on progress in the institutional negotiations. Is worried about the Commissions strategy to use research cooperation as a means of political pressure, thereby not only harming European research as a whole, but also risking its own credibility of having created a non-political and free scientific research region;
2023/09/27
Committee: ITRE
Amendment 11 #

2023/2110(INI)

Motion for a resolution
Recital C
C. whereas the EU recognises the potential of start-ups and scale-ups to drive innovation, economic growth and job creation within the EU, address societal challenges, promote sustainability and contribute to the objectives set out in the European Green Deal, the digital Europe programme, the new European innovation agenda and the updated EU industrial strategy. Regrets that the EU Green Deal approach is largely based on bans, bureaucracy and detailed targets. Recalls in contrast that the US Inflation Reduction Act (IRA), relies exclusively on market incentives, in order to avoid micro-management and that US legislators pick winners and losers. Is convinced that the IRA approach avoids bureaucratic hurdles and produces a more competitive, sustainable and innovative SME sector in the long run;
2023/10/13
Committee: ITRE
Amendment 23 #

2023/2110(INI)

Motion for a resolution
Paragraph 1
1. Calls on the Commission, in cooperation with the Member States, to propose harmonised definitions of a start- up and a scale-up respectively, taking into account how they differ from one another and the clear distinction between them and SMEs. However seeking to strike a balance between standardization and flexibility, given that there is no one-size- fits-all definition that can capture the complexity of the entrepreneurial landscape;
2023/10/13
Committee: ITRE
Amendment 71 #

2023/2110(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the creation of the European Innovation Council Fund to support innovative start-ups, however is worried about criticisms about the slow EU funding bureaucracy, which lacks the necessary efficiency of its operations, given that start-up in the past had to wait years for funding, making it impossible to grow at the same pace as US competitors. Deplores that it remains very tough to build a scalable deeptech company in the EU;
2023/10/13
Committee: ITRE
Amendment 79 #

2023/2110(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission to support and facilitate the participation of innovative start-ups and scale-ups in technologically neutral EU funding programmes and projects contributing to the twin green and digital transitioneconomic growth, sustainability and innovation, while constantly making efforts to reduce red-tape and unnecessary bureaucratic hurdles of the programmes;
2023/10/13
Committee: ITRE
Amendment 101 #

2023/2110(INI)

Motion for a resolution
Paragraph 12
12. Calls for the establishment of start- up-friendly regulations and frameworks that facilitate the growth, scalability and cross-border operations of start-ups and scale-ups, while ensuring consumer protection, data privacy and fair competition. Deplores the ever increasing direct and indirect compliance burden by EU legislation for SMEs and the economy as a whole, which is characterised by a significant increase in time and costs, for example by ever-new reporting obligations;
2023/10/13
Committee: ITRE
Amendment 104 #

2023/2110(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Welcomes the recent initiative of the German Federal Government to propose a "European Bureaucracy Reduction Initiative" with the aim of introducing a "Bureaucracy Cost Index" for EU regulation. Regrets that there is currently not enough data at EU level to allow for a thorough stocktaking and problem analysis, in order to enable the reduction of red tape in EU regulation for SMEs and the economy as a whole;1a _________________ 1a https://www.bmwk.de/Redaktion/DE/Press emitteilungen/2023/08/20230830- europaeische-entlastungsinitiative-zum- buerokratieabbau.html
2023/10/13
Committee: ITRE
Amendment 63 #

2023/2109(INI)

1. Welcomes the Commission declaration on EU SMRs 2030, which emphasises the role of research, innovation, education and training in the safety of SMRs in the EU and the need for all sectors to contribute to the transformation of the EU’s economy to achieve climate neutrality, energy security and strategic autonomy. Calls for a new comprehensive strategy on the use of nuclear energy and SMRs for the EU, in order to promote nuclear energy in the same way as renewable energy projects;
2023/09/26
Committee: ITRE
Amendment 83 #

2023/2109(INI)

Motion for a resolution
Paragraph 3
3. Calls for the development of a comprehensive strategy for the deployment of SMRs in the EU, taking into account the specific needs and circumstances of different regions and sectors and to establish a clear path to adequately reflect the role of nuclear energy and SMRs in all of the Commissions communications and proposals;
2023/09/26
Committee: ITRE
Amendment 122 #

2023/2109(INI)

Motion for a resolution
Paragraph 9
9. Emphasises that so far, no SMRs have been commercially operated in the world, but that more than 80 SMR designs are currently at different stages of development and deployment in 18 countries; stresses that the EU should therefore not get left behind in the global race for leadership in the future SMR market. Not least the increasing number of EU countries relaunching projects for large-scale reactors, small modular reactors, or research projects on their own soil, justify the need to put nuclear and renewable projects on an equal footing;
2023/09/26
Committee: ITRE
Amendment 150 #

2023/2109(INI)

Motion for a resolution
Paragraph 14
14. Recognises that a basic condition for SMRs to develop in the EU is to ensure that a conducive policy and regulatory framework is in place. Calls on the Commission to ensure that SMRs receive the same support as other low-carbon energy sources in all future EU legislation related to the energy transition, in line with the EU principle of “technological neutrality”;
2023/09/26
Committee: ITRE
Amendment 168 #

2023/2109(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to launch a specific industrial strategy for SMRs, in order to guarantee sufficient incentives to promote them in terms of targets, efforts to facilitate authorisation procedures and access to funding, as is the case for renewable energies;
2023/09/26
Committee: ITRE
Amendment 173 #

2023/2109(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Recognizes the essential role of nuclear power in general, to balance the electricity grid, which needs to be reflected in the EU electricity market reform regarding SMRs;
2023/09/26
Committee: ITRE
Amendment 212 #

2023/2109(INI)

Motion for a resolution
Paragraph 22
22. Recognises the need to sufficiently explore and identify all possible options for financing European SMR production; and stresses the importance of giving SMRs a place equivalent to that of other low- carbon energy sources in the definition of remuneration systems for electricity production;
2023/09/26
Committee: ITRE
Amendment 221 #

2023/2109(INI)

Motion for a resolution
Paragraph 23
23. Expresses the need to place SMRs among the technologies recognised by the Net Zero Industry Act as well as within the framework of EU rules on state aid,;
2023/09/26
Committee: ITRE
Amendment 232 #

2023/2109(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the Commission to establish partnerships between EU member states, private investors, and European banks to finance SMRs and nuclear power;
2023/09/26
Committee: ITRE
Amendment 161 #

2023/2075(INI)

Motion for a resolution
Recital G
G. whereas improved evidence-based health promotion, harm reduction policies and disease prevention can reduce the prevalence of NCDs by as much as 70 %7 ; _________________ 7 European Commission, ‘Healthier together – EU non-communicable diseases initiative’, p. 15, June 2022.
2023/09/08
Committee: ENVI
Amendment 216 #

2023/2075(INI)

Motion for a resolution
Paragraph 1
1. Highlights that NCDs account for 90 % of all deaths in the EU8 , which leads to high levels of productivity loss and makes NCDs account for the largest share of countries’ healthcare expenditures; stresses that it is important to reduce the prevalence of NCDs and believes that enhanced health promotion, harm reduction and disease prevention can reduce the prevalence of NCDs by 70 %9 in conjunction with investment in health innovation and technologies; _________________ 8 European Commission, ‘Non- communicable diseases : overview’. 9 European Commission, ‘The EU ‘Healthier Together’ Non-Communicable Diseases Initiative’, 2022
2023/09/08
Committee: ENVI
Amendment 301 #

2023/2075(INI)

Motion for a resolution
Paragraph 5 – point a
a. implement measures to help tobacco ussmokers quit;
2023/09/08
Committee: ENVI
Amendment 1 #

2023/2074(INI)

Motion for a resolution
Citation 1 a (new)
– having regard to Article 5(3) of the Treaty on the European Union;
2023/09/08
Committee: ENVI
Amendment 93 #

2023/2074(INI)

Motion for a resolution
Recital C
C. whereas socio-economic characteristics, such as employment, social support and educational levers, are among the most significant factors influencing an individual’s mental health status;
2023/09/08
Committee: ENVI
Amendment 96 #

2023/2074(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas under Article 168 of the Treaty on the Functioning of the European Union, Union action is to complement national policies and be directed towards improving public health, preventing physical and mental illness and diseases, and obviating sources of danger to physical and mental health; whereas the same article stipulates that Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care, the responsibilities of the Member States shall include the management of health services and medical care and the allocation of the resources assigned to them.
2023/09/08
Committee: ENVI
Amendment 106 #

2023/2074(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas research findings highlight the significance of maintaining a high level of mental health and well- being among the population as a crucial factor for the economy; whereas mental disorders can result in extravagating economic setbacks, such as reduced business productivity, decreased workforce participation, and financial burdens on individuals, families, and communities coping with these conditions.
2023/09/08
Committee: ENVI
Amendment 221 #

2023/2074(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Underlines that improving mental health and well-being within the population necessitates innovative collaborations between the healthcare sector and other sectors, including social affairs, housing, employment, and education.
2023/09/08
Committee: ENVI
Amendment 260 #

2023/2074(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Considers it essential to acknowledge the diverse social and cultural landscapes across EU member states, along with their respective healthcare systems. These differences mean that what may constitute best practices or an effective campaign in one Member State may not necessarily yield the same results in another. Furthermore, the nature and severity of mental health challenges can vary significantly among regions. It is therefore important to acknowledge that Member States have the exclusive prerogative on implementing and executing health policies, as enshrined in the Treaties.
2023/09/08
Committee: ENVI
Amendment 269 #

2023/2074(INI)

Motion for a resolution
Paragraph 6
6. Is deeply concerned that, despite progress in some countries, people with mental health conditions frequently experience discrimination and stigma and often do not have access to adequate healthcare, which can lead to severe human rights violations;calls therefore upon the Member States to implement measures aimed at combatting the stigmatization, exclusion, and discrimination experienced by individuals with mental health challenges, while actively fostering their social integration and facilitating their equitable access to education, training, housing, and employment opportunities.
2023/09/08
Committee: ENVI
Amendment 288 #

2023/2074(INI)

Motion for a resolution
Paragraph 7
7. Calls for the EU andupon the Member States to raise awareness of the importance of mental health in a coordinated and timely manner, through aby considering mental- health- in- all-policies approach relevant policies;
2023/09/08
Committee: ENVI
Amendment 309 #

2023/2074(INI)

Motion for a resolution
Paragraph 8
8. Is deeply concerned by the poor availability of mental healthcare services in thsome Member States, as exemplified by the alarmingly long waiting lists for appointments with psychiatrists and psychologists and the limited options for therapeutic treatment, as well as for in- and outpatient clinic treatment; considers that the shortage in staff in this specific sector and the lack of funding aggravates the issue;
2023/09/08
Committee: ENVI
Amendment 326 #

2023/2074(INI)

Motion for a resolution
Paragraph 9
9. Considers that universal health coverage is a pillar of the European health union and that mental health services are an integral, essential and structural part of Member States’ national health systems;
2023/09/08
Committee: ENVI
Amendment 417 #

2023/2074(INI)

Motion for a resolution
Paragraph 14
14. Acknowledges that social prescribing iscan be a useful, practical, holistic and effective approach that can be integrated into the primary care setting within a national health service, as pointed out by the WHO in its toolkit on how to implement social prescribing3 ; _________________ 3 https://apps.who.int/iris/rest/bitstreams/142 4690/retrieve.
2023/09/08
Committee: ENVI
Amendment 427 #

2023/2074(INI)

Motion for a resolution
Paragraph 15
15. Calls on the Commission to promote policies around best practices in social prescribing in the Member States;, while recognizing and respecting the diverse contexts and unique characteristics of each Member State.
2023/09/08
Committee: ENVI
Amendment 445 #

2023/2074(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls on the Member States to increase their efforts on supporting the recruitment of individuals with mental illnesses or mental disorders and on advancing initiatives that encourage early intervention, facilitate workplace adaptation, and provide assistance to workers when they require leave for mental health concerns, as well as the smooth and adaptable reintegration of these individuals into the workforce, taking into account their ability to work, while ensuring that these policies are designed to minimize the administrative burden for employers, particularly small and medium-sized enterprises (SMEs).
2023/09/08
Committee: ENVI
Amendment 474 #

2023/2074(INI)

18. Calls on the Member States to, where appropriate, develop new social prescribing interventions for people with mental health conditions or who will benefit from such interventions; calls on the Commission to promote discussions with Member States on best practice in social prescribing;
2023/09/08
Committee: ENVI
Amendment 487 #

2023/2074(INI)

Motion for a resolution
Paragraph 19
19. Calls for the EU and the Member States to urgently develop psychosocial mental health support structures aimed specifically at victims of natural, climate, humanitarian, geopolitical and conflict- related disasters, asylum seekers and migrants from all backgrounds;deleted
2023/09/08
Committee: ENVI
Amendment 521 #

2023/2074(INI)

Motion for a resolution
Paragraph 23
23. Considers that the EU lacks a direct fund for mental health research and innovation and invites the Commission to create a mission on mental health under the Horizon Europe programme and the future programme in the 2028-2035 multiannual financial framework;deleted
2023/09/08
Committee: ENVI
Amendment 76 #

2023/0109(COD)

Proposal for a regulation
Article 1 – paragraph 1 – introductory part
1. This Regulation lays down measures to strengthen capacities in the Union to detect, prepare for and respond to cybersecurity threats and incidents, while respecting that national security, including in the cyber domain, remains the sole responsibility of each Member State, as noted in article 4(2) TEU, in particular through the following actions:
2023/09/22
Committee: ITRE
Amendment 80 #

2023/0109(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) to strengthen voluntary common Union detection and situational awareness of cyber threats and incidents thus allowing to reinforce the competitive position of industry and services sectors in the Union across the digital economy and contribute to the Union’s technological sovereignty in the area of cybersecurity;
2023/09/22
Committee: ITRE
Amendment 81 #

2023/0109(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) to reinforce preparedness of entities operating in critical and highly critical sectors across the Union and strengthen svolidarityuntary cooperation by developing common response capacities against significant or large-scale cybersecurity incidents, including by making Union cybersecurity incident response support available for third countries associated to the Digital Europe Programme (‘DEP’);
2023/09/22
Committee: ITRE
Amendment 84 #

2023/0109(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation is without prejudice to the Member States’ primary responsibility for national security, public security, and the prevention, investigation, detection and prosecution of criminal offences and avoids unnecessary duplication with existing initiatives.
2023/09/22
Committee: ITRE
Amendment 89 #

2023/0109(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘Cross-border Security Operations Centre’ (“Cross-border SOC”) means a multi-country platform, that brings together in a coordinated network structure national SOCs from at least three Member States who form a Hosting Consortium, and that is designed to prevent cyber threats and incidents and to support the production of high-quality intelligence, notably through the voluntary exchange of data from various sources, public and private, as well as through the sharing of state-of-the-art tools and jointly developing cyber detection, analysis, and prevention and protection capabilities in a trusted environment;
2023/09/22
Committee: ITRE
Amendment 102 #

2023/0109(COD)

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point a
(a) pool and share data on cyber threats and incidents from various sources through voluntary sharing of information from cross-border SOCs;
2023/09/22
Committee: ITRE
Amendment 124 #

2023/0109(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. Members of a Hosting Consortium shallmay exchange relevant information among themselves within the Cross-border SOC including information relating to cyber threats, near misses, vulnerabilities, techniques and procedures, indicators of compromise, adversarial tactics, threat- actor-specific information, cybersecurity alerts and recommendations regarding the configuration of cybersecurity tools to detect cyber attacks, where such information sharing:
2023/09/22
Committee: ITRE
Amendment 128 #

2023/0109(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) a commitment to share a significant amount ofvoluntarily share data referred to in paragraph 1, and the conditions under which that information is to be exchanged;
2023/09/22
Committee: ITRE
Amendment 143 #

2023/0109(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Member States participating in the European Cyber Shield shall ensure a high level of confidentiality, data security and physical security of the European Cyber Shield infrastructure, and shall ensure that the infrastructure shall be adequately managed and controlled in such a way as to protect it from threats and to ensure its security and that of the systems, including that of data exchanged through the infrastructure.
2023/09/22
Committee: ITRE
Amendment 147 #

2023/0109(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. A Cyber Emergency Mechanism is established to improve the Union’s resilience to major cybersecurity threats and prepare for and mitigate, in a spirit of solidarity, the short-term impact of significant and large-scale cybersecurity incidents (the ‘Mechanism’), at the explicit request of the Member State(s) concerned.
2023/09/22
Committee: ITRE
Amendment 149 #

2023/0109(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point b
(b) response actions, supporting response to and immediate recovery from significant and large-scale cybersecurity incidents, to be provided by trusted providers participating in the EU Cybersecurity Reserve established under Article 12, at the explicit request of the Member State(s) concerned;
2023/09/22
Committee: ITRE
Amendment 155 #

2023/0109(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. An EU Cybersecurity Reserve shall be established, in order to assist users referred to in paragraph 3, in responding or providing support for responding to significant or large-scale cybersecurity incidents, and immediate recovery from such incidents, at the explicit request of the Member State(s) concerned and without prejudice to the specific character of the security and defence policy of certain Member States.
2023/09/22
Committee: ITRE
Amendment 157 #

2023/0109(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The EU Cybersecurity Reserve shall consist of incident response services from trusted providers selected in accordance with the criteria laid down in Article 16. The Reserve shall include pre- committed services. The services shall be deployable in all Member States. The EU Cybersecurity Reserve does not limit the need to allow countries to monitor and assess their own needs.
2023/09/22
Committee: ITRE
Amendment 189 #

2023/0109(COD)

1. In procurement procedures for the purpose of establishing the EU Cybersecurity Reserve, the contracting authority shall act in accordance with the principles laid down in the Regulation (EU, Euratom) 2018/1046, without prejudice to the Member States’ primary responsibility for national security, and in accordance with the following principles:
2023/09/22
Committee: ITRE
Amendment 206 #

2023/0109(COD)

Proposal for a regulation
Article 18 – paragraph 4
4. Where appropriate, the report shall draw non-legally binding voluntary recommendations to improve the Union’s cyber posture.
2023/09/22
Committee: ITRE
Amendment 20 #

2023/0108(COD)

Proposal for a regulation
Recital 4
(4) Certification of managed security services is not only relevant in the selection process for the EU Cybersecurity Reserve but it is also an essential quality indicator for private and public entities that intend to purchase such services. In light of the criticality of the managed security services and the sensitivity of the data they process, certification could provide potential customers with important guidance and assurance about the trustworthiness of these services. European certification schemes for managed security services contribute to avoiding fragmentation of the single market. This Regulation therefore aims at enhancing the functioning of the internal market. At the same time, these multiple purposes of the regulation should strike a balance with the potential regulatory burden and costs associated with certification, given that compliance with certification requirements will involve additional expenses and administrative efforts, which could be a concern for smaller providers.
2023/09/21
Committee: ITRE
Amendment 28 #

2023/0108(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) Given that, certification schemes will add complexity to an already complex regulatory landscape, it is of critical importance to prevent potential overlaps or conflicts with existing cybersecurity regulations and standards. Stresses further the need for careful consideration and proportionality in the implementation of the regulation, in order to reduce negative effects on market freedom and innovation.
2023/09/21
Committee: ITRE
Amendment 75 #

2023/0046(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) Clear legal frameworks and favourable conditions for investment in digital infrastructure are the basis for a competitive and leading-edge digital society with more modern networks, more innovation, high security and affordable services.
2023/07/07
Committee: ITRE
Amendment 84 #

2023/0046(COD)

Proposal for a regulation
Recital 9
(9) Measures aiming to make using public and private existing infrastructures more efficient and reduce costs and obstacles in carrying out new civil engineering works should contribute substantially to ensuring a fast and extensive deployment of very high capacity networks. These measures should maintain and promote effective competition, since being the first actor to launch a new technology or service in an area is one of the main drivers of investment in digital infrastructure. Any such promotion should be conducted without harming the safety, security and smooth operation of the existing infrastructure.
2023/07/07
Committee: ITRE
Amendment 145 #

2023/0046(COD)

Proposal for a regulation
Recital 39
(39) Permit-granting procedures should not be barriers to investment or harm the internal market. Member States should therefore ensure that a decision on whether or not to grant permits on the deployment of elements of very high capacity networks or associated facilities is made available within 43 months from the receipt of a complete permit request. This is without prejudice to other specific deadlines or obligations laid down for the proper conduct of the procedure, which are applicable to the permit-granting procedure in accordance with national or Union law. Competent authorities should not restrict, hinder or make the deployment of very high capacity networks or associated facilities economically less attractive. Specifically, they should not prevent procedures for granting permits and rights of way from proceeding in parallel, where possible, or require operators to obtain one type of authorisation before they can apply for other types of authorisations. Competent authorities should justify any refusal to grant permits or rights of way under their competence, based on objective, transparent, non-discriminatory and proportionate conditions.
2023/07/07
Committee: ITRE
Amendment 151 #

2023/0046(COD)

Proposal for a regulation
Recital 40
(40) To avoid undue delays, competent authorities must determine the completeness of the permit request within 15 days from its receipt. The permit request should be deemed complete unless the competent authority invites the applicant to provide any missing information within that period. For reasons of equal treatment and transparency, the competent authorities should not consider permit requests for civil works to be admissible if the minimum information required under this Regulation has not been made available via a single information point within 3 months before the first permit request is submitted to the competent authorities. Where, in addition to permits, rights of way are required for deploying elements of very high capacity networks, competent authorities should, by way of derogation from Article 43 of Directive (EU) 2018/1972, grant such rights of way within 43 months from the receipt of the request. Other rights of way not needed in conjunction with permits for civil works should continue to be granted within 6 months in accordance with Article 43 of Directive (EU) 2018/1972. Operators that suffer damage due to the delay of a competent authority to grant permits or rights of way within the applicable deadlines should have the right to compensation.
2023/07/07
Committee: ITRE
Amendment 169 #

2023/0046(COD)

Proposal for a regulation
Recital 58
(58) To avoid delays in network deployments, the national dispute settlement body should settle the dispute in a timely manner and, in any event, at the latest within 43 months from receipt of the request to settle the dispute in the case of disputes on access to existing physical infrastructure and 1 month when it concerns transparency on physical infrastructure, coordination of planned civil works and transparency on planned civil works. Exceptional circumstances justifying a delay in the settlement of a dispute could be beyond the control of the dispute settlement bodies, such as insufficient information or documentation that is necessary to take a decision, including the views of other competent authorities that need to be consulted or the high complexity of the file.
2023/07/07
Committee: ITRE
Amendment 179 #

2023/0046(COD)

Proposal for a regulation
Article 1 – paragraph 4 a (new)
4a. The Member States' sovereign rights regarding national security are explicitly and fully respected by this Regulation.
2023/07/07
Committee: ITRE
Amendment 213 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Upon written request of an operator, public sector bodies owning or controlling physical infrastructure or network operators shall meet all reasonable requests for access to that physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of very high capacity networks or associated facilities. Public sector bodies owning or controlling physical infrastructure shall meet all reasonable requests for access also under non-discriminatory terms and conditions and at prices not exceeding the administrative costs. Such written requests shall specify the elements of the physical infrastructure for which the access is requested, including a specific time frame.
2023/07/07
Committee: ITRE
Amendment 223 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 2 – introductory part
2. When determining prices as part of fair and reasonable terms and conditions for granting access, and to avoid excessive prices, network operators and public sector bodies owning or controlling physical infrastructure shall take into account the following:
2023/07/07
Committee: ITRE
Amendment 243 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point c
(c) the existence of safety and scientifically-based public health concerns;
2023/07/07
Committee: ITRE
Amendment 247 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point d
(d) concerns for the integrity and national security of any network, in particular critical national infrastructure;
2023/07/07
Committee: ITRE
Amendment 251 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
In the event of a refusal to provide access, the network operator or the public sector body owning or controlling physical infrastructure shall communicate to the access seeker, in writing, the specific and detailed reasons which should be objective and, when relevant, scientifically based, for such refusal within 1 month5 days from the date of the receipt of the complete request for access.
2023/07/07
Committee: ITRE
Amendment 255 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 5
5. Physical infrastructure which is already subject to access obligations imposed by national regulatory authorities pursuant to Directive (EU) 2018/1972 or resulting from the application of Union State aid rules shall not be subject to the obligations set out in paragraphs 2, 3 and 4, for as long as such access obligations are in place. Therefore, the symmetric access obligation pursuant to the GIA regulation should be taken into account by NRAs, among other factors, as a starting point for considering whether to impose the ex- ante SMP regulation. In case GIA consideration might not suffice to address infrastructure market situation, NRAs should duly justify this assessment.
2023/07/07
Committee: ITRE
Amendment 295 #

2023/0046(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – introductory part
A request to coordinate civil works, which are fully or partially financed by public means, made by an undertaking providing or authorised to provide public electronic communications networks to an undertaking providing or authorised to provide public electronic communications networks may be deemed unreasonable where both following conditions are met:
2023/07/07
Committee: ITRE
Amendment 301 #

2023/0046(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
If a request to coordinate is considered unreasonable on the basis of the first subparagraph, the undertaking providing or authorised to provide public electronic communications networks refusing the coordination of civil works shall deploy physical infrastructure with sufficient capacity to accommodate possible future reasonable needs for third-party access.
2023/07/07
Committee: ITRE
Amendment 306 #

2023/0046(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
In order to negotiate agreements on coordination of civil works referred to in Article 5, any network operator shall make available in electronic format via a single information pointhave the right to access the following minimum information:
2023/07/07
Committee: ITRE
Amendment 308 #

2023/0046(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
The network operator shall make available in advance the information referred to in the first subparagraph for planned civil works related to its physical infrastructure which are fully or partially financed by public means. This must be done as soon as the information is available to the network operator and, in any event and where a permit is envisaged, not later than 3 months prior to the first submission of the request for a permit to the competent authorities.
2023/07/07
Committee: ITRE
Amendment 311 #

2023/0046(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
Operators shall have the right to access the minimum information referred to in the first subparagraph in electronic format, upon request, via the single information point. The request for access to information shall specify the area in which the requesting operator envisages deploying elements of very high capacity networks or associated facilities. Within 1 week from the date ofUnless provided in advance based on the rseceipt ofond subparagraph, the request fored information, the requested information shall be made available shall be made available by the requested network operator within 2 weeks from the date of the receipt of the request for information under proportionate, non- discriminatory and transparent terms. Access to the minimum information may be limited only to the extent necessary to ensure the security of the networks and their integrity, national security, public health or safety, confidentiality or operating and business secrets.
2023/07/07
Committee: ITRE
Amendment 326 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. The competent authorities shall, within 15 working days from its receipt, reject applications for permits, including for rights of way, for which the minimum information has not been made available via a single information point, pursuant to Article 6(1) first subparagraph, by the same operator which applies for that permit. Exceptions should be provided for cases where such information is confidential or causes disproportionate administrative burden for the operator to provide.
2023/07/07
Committee: ITRE
Amendment 338 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
The competent authorities shall grant or refuse permits, other than rights of way, within 43 months from the date of the receipt of a complete permit application.
2023/07/07
Committee: ITRE
Amendment 355 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 6
6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 43 month period from the date of receipt of the application.
2023/07/07
Committee: ITRE
Amendment 387 #

2023/0046(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. All buildings at the end user’s location, including elements under joint ownership, newly constructed or undergoing major renovation works, for which applications for building permits have been submitted after [ENTRY INTO FORCE + 12 MONTHS], shall be equipped with a fibregigabit-ready VHCN in- building physical infrastructure up to the network termination points as well as with in- building fibre wiring.
2023/07/07
Committee: ITRE
Amendment 391 #

2023/0046(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. By [ENTRY INTO FORCE + 12 MONTHS], all buildings at the end-users’ location, including elements thereof under joint ownership, undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall be equipped with a fibregigabit-ready VHCN in- building physical infrastructure, up to the network termination points, as well as with in- building fibre wiring. All multi-dwelling buildings undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall also be equipped with an access point.
2023/07/07
Committee: ITRE
Amendment 399 #

2023/0046(COD)

Proposal for a regulation
Article 8 – paragraph 4 – point a
(a) the building access point specifications and fibre interface specifications;
2023/07/07
Committee: ITRE
Amendment 403 #

2023/0046(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘fibregigabit-ready VHCN label.
2023/07/07
Committee: ITRE
Amendment 409 #

2023/0046(COD)

Proposal for a regulation
Article 8 – paragraph 6
6. Member States shall set up certification schemes for the purpose of demonstrating compliance with the standards or technical specifications referred to in paragraph 4 as well as for qualifying for the ‘fibregigabit-ready VHCN label provided for in paragraph 5 before [ENTRY INTO FORCE + 12 months]. Member States shall make the issuance of the building permits referred to in paragraphs 1 and 2 conditional upon compliance with the standards or technical specifications referred to in this paragraph on the basis of a certified test report.
2023/07/07
Committee: ITRE
Amendment 415 #

2023/0046(COD)

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
AWithout prejudice to Article 8 paragraph 3bis, any holder of a right to use the access point and the in-building physical infrastructure shall meet all reasonable requests for access to the access point and the in-building physical infrastructure from public electronic communications network providers under fair and non- discriminatory terms and conditions, including price, where appropriate. In order to avoid excessive pricing, the price reference should be the cost incurred, if any, related to the use of the in-building physical infrastructure or in building fibre wiring.
2023/07/07
Committee: ITRE
Amendment 418 #

2023/0046(COD)

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Any holder of a right to use the access point or the in-building physical infrastructure may refuse access where access to in-building fibre wiring is provided pursuant to obligations imposed under Directive (EU) 2018/1972, under Title II, Chapters II to IV, or made available under fair, reasonable and non- discriminatory terms and conditions, including price.deleted
2023/07/07
Committee: ITRE
Amendment 421 #

2023/0046(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. In the absence of available fibre- ready in-building physical infrastructure, every public electronic communications network provider shall have the right to terminate its network at the premises of the subscriber, subject to the agreement of the subscriber, provided that it minimises the impact on the private property of third parties.deleted
2023/07/07
Committee: ITRE
Amendment 435 #

2023/0046(COD)

Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) within fourthree months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);
2023/07/07
Committee: ITRE
Amendment 14 #

2022/2188(INI)

Draft opinion
Paragraph 7 a (new)
7a. Welcomes that the UK joined the “nuclear alliance” together with 15 EU member states with the aim to increase nuclear capacity in Europe in order to reach climate ambitions. Notes the potential of collaboration regarding the EUs nuclear supply chain, safety standards, and research collaboration;
2023/05/25
Committee: ITRE
Amendment 18 #

2022/2188(INI)

Draft opinion
Paragraph 11
11. Recalls that Horizon Europe will conclude at the end of 2027 and highlights thate crucial importance of avoiding further delays in reaching any potential agreement on UK association to Horizon Europe, should not be subject to substantial further delaysince this would risk competitiveness and innovation of both the EU 's and the UK's scientific community;
2023/05/25
Committee: ITRE
Amendment 19 #

2022/2188(INI)

Draft opinion
Paragraph 12
12. UnderlinNotes that any potential agreement on UK association to Horizon Europe should apply only to the current programme, without prejudice to the UK’s participation in future EU research programmes;
2023/05/25
Committee: ITRE
Amendment 20 #

2022/2138(INI)

Motion for a resolution
Recital A
A. whereas gender equality is a core value of the EU and must be mainstreamed in all EU policies, activities and programmes; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the Treaties and in the Charter of Fundamental Rights of the European Union;
2023/02/06
Committee: FEMM
Amendment 22 #

2022/2138(INI)

Motion for a resolution
Recital A
A. whereas gender equality between men and women is a core value of the EU and must be mainstreamshould be respected in all EU policies, activities and programmes; whereas the right to equal treatment and non- discrimination is a fundamental right enshrined in the Treaties and in the Charter of Fundamental Rights of the European Union;
2023/02/06
Committee: FEMM
Amendment 32 #

2022/2138(INI)

Motion for a resolution
Recital B
B. whereas sexual harassment is a form of gender-based violence and an extreme form of gender-based discrimination which affects women and girls disproportionally; whereas harassment is often linked to other forms of discrimination in addition to gender-based discrimination and has to be addressed with an intersectional approach and from all its anglestaken extremely seriously;
2023/02/06
Committee: FEMM
Amendment 33 #

2022/2138(INI)

Motion for a resolution
Recital B
B. whereas sexual harassment is a form of gendersexual-based violence and an extreme form of gendersexual-based discrimination which affects women and girls disproportionally; whereas harassment is often linked to other forms of discrimination in addition to gendersexual-based discrimination and has to be addressed with an intersectional approach and from all its angles;
2023/02/06
Committee: FEMM
Amendment 57 #

2022/2138(INI)

Motion for a resolution
Recital D
D. whereas harassment is widespread but under-reported, especially within the LGBTQ movement, where different norms prevail; whereas harassment in the workplace has serious consequences for the physical and psychological health and well-being of employees and therefore its prevention and treatment should be a priority for every employer;
2023/02/06
Committee: FEMM
Amendment 100 #

2022/2138(INI)

Motion for a resolution
Paragraph 1
1. Reaffirms the EU’s commitment to tackling gendersexual-based violence and welcomes the proposal for a directive on combating violence (COM(2022)0105);
2023/02/06
Committee: FEMM
Amendment 108 #

2022/2138(INI)

Motion for a resolution
Paragraph 2
2. Reiterates its call for the EU and the Member States to ratify the Istanbul Convention; is convincedPoints out that the EU and the Member States should learn from the crises and prevent backlashes against gender equality between men and women by adopting and implementing concrete, efficient and ambitiojust rules and policies on preventing and combating violence in all its forms;
2023/02/06
Committee: FEMM
Amendment 110 #

2022/2138(INI)

Motion for a resolution
Paragraph 2
2. Reiterates its call for the EU and the Member StatesNotes that it is up to each Member State to decide whether they wish to ratify the Istanbul Convention; is convinced that the EU and the Member States should learn from the crises and backlashes againstcan do more for gender equality by adopting and implementing concrete, efficient and ambitious rules and policies on preventing and combating violence;
2023/02/06
Committee: FEMM
Amendment 157 #

2022/2138(INI)

Motion for a resolution
Paragraph 7
7. Notes that sexual harassment cases are still under-reported because victims do not use the existing channels, particularly within the LGBTQ movement where different norms prevail, demonstrating the need for further efforts with regard to the prevention of sexual harassment;
2023/02/06
Committee: FEMM
Amendment 206 #

2022/2138(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the harassment prevention training offered to Members, managers in Parliament’s Secretariat and staff; is convincednotes, however, that voluntary harassment prevention training hasmay proven insufficient; calls for the introduction of mandatory training for all Member in some specific cases and therefore calls to explore another options aimed at harassment prevention measures;
2023/02/06
Committee: FEMM
Amendment 226 #

2022/2138(INI)

Motion for a resolution
Paragraph 13
13. Asks for the composition of the advisory committees to be updated to ensure an equal representation ofInsists that, within the advisory committees, high-level qualifications be required for external experts with proven expertise inwhen it comes to tackling harassment in the workplace, including doctors, therapists and legal experts in the domain of harassment, and to changehat their status be changed to full members with voting rights; calls for the creation of a confidential register of cases over time, as already requested in the resolutions dating from 2017 and 2021;
2023/02/06
Committee: FEMM
Amendment 235 #

2022/2138(INI)

Motion for a resolution
Paragraph 14
14. Calls for the European Ombudsman to provide coherent information on an annual basis to Parliament’s High-Level Group on Gender Equality and Diversity regarding complaints about maladministration relating to gender equality between men and women in Parliament;
2023/02/06
Committee: FEMM
Amendment 3 #

2022/2105(DEC)

Draft opinion
Recital A
A. whereas gender equality is a core value of the Union enshrined in Article 2 TEU; whereas Article 8 TFEU states that in all its activities the Union shall aim to eliminate inequalities, establishing the principle of gender mainstreaming;
2022/11/25
Committee: FEMM
Amendment 7 #

2022/2105(DEC)

Draft opinion
Recital B
B. whereas, according to its statement of revenue and expenditure, the final budget of the European Institute for Gender Equality (“EIGE”) for the financial year 2021 was EUR 8 692 878, representing an alarming increase of 12,17 % compared to 2020; whereas the entire budget of the Institute derives from the Union budget; whereas the EU should respect the tax payers and be careful about spending money, particular in times of war, high-energy prices and inflation;
2022/11/25
Committee: FEMM
Amendment 21 #

2022/2105(DEC)

Draft opinion
Paragraph 2
2. Welcomes the ongoing cooperation between the EIGE and the Committee on Women’s Rights and Gender Equality; stresses the valuable contribution that the EIGE can make to allthe Parliament committees;
2022/11/25
Committee: FEMM
Amendment 28 #

2022/2105(DEC)

Draft opinion
Paragraph 3
3. Recommends theno allocation of more staff to EIGE in order to cope with a sharp rise of requests for technical assistance on gender mainstreaming. Emphasises that the EU should lead by example in particular in times of war, high-energy prices and inflation and should refrain from calls for more public EU spending and new staffers;
2022/11/25
Committee: FEMM
Amendment 33 #

2022/2105(DEC)

Draft opinion
Paragraph 4
4. Notes EIGE’s continuous high level of budget execution, despite the persistent understaffing of the agency, with commitment appropriations of up to 98,92 % in 2021 (compared to 97,75 % in 2020), and the decreased payment appropriations rate of 72,16 % (74,82 % in 2020);
2022/11/25
Committee: FEMM
Amendment 35 #

2022/2105(DEC)

Draft opinion
Paragraph 5
5. AcknowledgDeplores an increase in the EIGE’s carry-over operating expenditure to 54,79 % in 2022 (49,49 % in 2021), which should lead to a decrease in 2023 in order to respect the tax payers in times of war, high-energy prices and inflation;
2022/11/25
Committee: FEMM
Amendment 37 #

2022/2105(DEC)

Draft opinion
Paragraph 7
7. Is of the opinion, on the basis of the data currently available, that discharge cannot be granted to the Director of the EIGE in respect of the implementation of its budget for the financial year 2021.
2022/11/25
Committee: FEMM
Amendment 105 #

2022/0396(COD)

Proposal for a regulation
Recital 7
(7) The Council underlined in its Conclusions of December 202038 , that the revision of Directive 94/62/EC should update and establish more concrete, effective and easy to implement provisions to facilitate sustainable packaging in the internal market and minimise the complexity of packaging in order to foster economically feasible solutions, to improve the reusability and recyclability as well as minimise substances of concern in packaging materials, especially concerning food packaging materials, - while upholding food safety and hygiene standards - and to provide for labelling packaging in an easily understandable way to inform consumers about its recyclability and where its waste should be discarded to facilitate sorting and recycling. _________________ 38 https://data.consilium.europa.eu/doc/docu ment/ST-13852-2020-INIT/en/pdf
2023/05/25
Committee: ITRE
Amendment 108 #

2022/0396(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) All objectives put forth must rely on scientific and material-specific data encompassing climate and environmental benefits, logistics, hygiene considerations, as well as the significance of achieving a high return rate while minimizing waste and losses. Consequently, rules on reuse should be preceded by impartial comparisons conducted from a holistic system and life cycle standpoint.
2023/05/25
Committee: ITRE
Amendment 112 #

2022/0396(COD)

Proposal for a regulation
Recital 12
(12) In line with the waste hierarchy set out in Article 4(2) of Directive 2008/98/EC, and in line with life-cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packaging, when sufficient evidence proves that reusable packaging benefits the environment compared to single-use packaging. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.
2023/05/25
Committee: ITRE
Amendment 129 #

2022/0396(COD)

Proposal for a regulation
Recital 23
(23) In order to stimulate innovation in packaging, it is appropriate to allow that packaging, which presents innovative features resulting in significant improvement in the core function of packaging and has demonstrable environmental benefits, is given limited additional time of fiseven years to comply with the recyclability requirements. The innovative features should be explained in the technical documentation accompanying the packaging.
2023/05/25
Committee: ITRE
Amendment 258 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 59 a (new)
(59a) ”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 or services.
2023/05/25
Committee: ITRE
Amendment 275 #

2022/0396(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. In addition to Member States may not provide for further labelling requirements laid down in Article 11, Member States may provide for further labelling requirements, for the purpose of identifying, unless such labelling requirements are strictly necessary to ensure the identification of the extended producer responsibility scheme or a deposit and return system other than those referred to in Article 44(1).
2023/05/25
Committee: ITRE
Amendment 283 #

2022/0396(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5) shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
2023/05/25
Committee: ITRE
Amendment 302 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Points (a) to (d) shall apply from 1 January 2030 and point (e) shall apply from 1 January 2035.
2023/05/25
Committee: ITRE
Amendment 307 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated actCEN standards adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated actCEN standards adopted pursuant to paragraph 6. Where such packaging complies with those delegated actstandards, it shall be considered to comply with paragraph 2, points (a) and (e).
2023/05/25
Committee: ITRE
Amendment 311 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in ordershall request the CEN- European Committee for Standardisation, to develop harmonised standards to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as. The Commission is empowered to adopt delegated acts in accordance with Article 58 to lay down the rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled cont. Design-for- recycling criteria shall consider article 6.2 of this regulation and shall cover all packaging components. Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components. The Commission is empowered to adopt delegated acts in accordance with Article 58 to amend Table 1 of Annex in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.
2023/05/25
Committee: ITRE
Amendment 324 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
From 1 January 2030, packaging shallould not be considered recyclableplaced on the market if it corresponds to performance grade E under the design for recycling criteria established in the delegated actCEN standards adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
2023/05/25
Committee: ITRE
Amendment 335 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 4
All components of a unit of packaging shall be compatible with the state of the art collection, sorting and recycling processesarticle 6.2 of this regulation and shall not hinder the recyclability of the main body of the unit of packaging.
2023/05/25
Committee: ITRE
Amendment 346 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 11
11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated actsCEN standard referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6).
2023/05/25
Committee: ITRE
Amendment 354 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per uniformat of packaging, per plant, per year:
2023/05/25
Committee: ITRE
Amendment 371 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit offormat packaging, per plant, per year:
2023/05/25
Committee: ITRE
Amendment 392 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging as well as to plastic packaging based on renewable raw materials, to inks, adhesives, varnishes and coatings used on packaging.
2023/05/25
Committee: ITRE
Amendment 395 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 6
6. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of recycled content used in the packaging.deleted
2023/05/25
Committee: ITRE
Amendment 420 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 10
10. Where justified by the lack of availability or excessive prices of specific recycled plastics that may have adverse effects onthat may result in adverse effects on European market development, human or animal health, security of food supply or, the environment, or by lack of legally approved recycling methodologies and of availability of separate collection and sorting infrastructure, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the Commission shall be empowered to adopt a delegated act in accordance with Article 58 to amend paragraphs 1 and 2 by adjusting the minimum percentages accordingly. In addition, the Commission shall regularly report to the European Parliament and the Council of the European Union on the reasonable possibilities of meeting the requirements in paragraph 1 and 2. In evaluating the justification of such adjustment, the Commission shall assess requests from natural or legal persons to be accompanied by relevant information and data on the market situation for this post-consumer plastic waste and best available evidence regarding the related risks to human or animal health, to the security of food supply or to the environment.
2023/05/25
Committee: ITRE
Amendment 429 #

2022/0396(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. By [OP: Please insert the date = 24 months from the date of entry into force of this Regulation], packaging other than that referred to in paragraphs 1 and 2, including packaging made of biodegradable plastic polymers, shall allow material recycling without affecting the recyclability of other waste streamsshall not be manufactured from compostable packaging.
2023/05/25
Committee: ITRE
Amendment 434 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin protected under Union legislation. Packaging designed for the presentation of a product may be placed on the market provided that this is clearly justified based on the characteristics of the product.
2023/05/25
Committee: ITRE
Amendment 458 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 4236 months after the entry into force of this Regulation], packagingadoption of the implementing acts referred to in paragraph 5 and 6], packaging placed on the market shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.
2023/05/25
Committee: ITRE
Amendment 469 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5. Such packaging shall be exempt from the labelling requirements referred to in the first paragraph.
2023/05/25
Committee: ITRE
Amendment 493 #

2022/0396(COD)

Proposal for a regulation
Article 12 a (new)
Article12a Packaging Forum The Commission shall ensure that when it conducts its activities, it ensures a balanced participation of Member States’ representatives and all interested parties involved with the packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributers, retailers, importers, SMEs, environmental protection groups and consumer organisations. Those parties shall contribute in particular to preparing the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainability requirements and examining the effectiveness of the established market surveillance mechanisms. To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as the ‘Packaging Forum’.
2023/05/25
Committee: ITRE
Amendment 503 #

2022/0396(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. EFrom 1 January 2030, economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e- commerce packaging, shall ensure that the empty space ratio is maximum 40 % as an average of all such packaging placed on the market by the economic operator per calendar year.
2023/05/25
Committee: ITRE
Amendment 684 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Transport packaging used by an economic operator shall be reusable where it is used for transporting products, and provided that there is a system for re-use for such transport packaging:
2023/05/25
Committee: ITRE
Amendment 699 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
EBy [OP: Please insert the date = 24 months after the entry into force of this Regulation] economic operators delivering products to another economic operator within the same Member State shall use only reusable transport packaging for the purpose of the transportation of such products., provided that there is a system for re-use for such transport packaging:
2023/05/25
Committee: ITRE
Amendment 762 #

2022/0396(COD)

Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point a
(a) twhere is no harmonised standard covering the relevant requirements the reference of which is published in the Official Journal of the European Union or the standard does not satisfy the requirements it aims to cover;there is agreement with the standardisation organizations that it is appropriate
2023/05/25
Committee: ITRE
Amendment 763 #

2022/0396(COD)

Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point b
(b) the Commission has requested, pursuant to Article 10(1) of Regulation 1025/2012, one or more European standardisation organisations to draft or to revise a harmonised standard for the requirements set out in Articles 5 to 11 and Article 24 and either of the following conditions are fulfilled: (i) the request has not been accepted by any of the European standardisation organisations to which the request was addressed; (ii) least one of the European standardisation organisations to which the request was addressed, but the standards requested: — deadline set in the request; — — requirements they aim to cover.deleted the request has been accepted by at are not adopted within the do not comply with the request; are not fully in line with the
2023/05/25
Committee: ITRE
Amendment 764 #

2022/0396(COD)

Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point b – point i
(i) the request has not been accepted by any of the European standardisation organisations to which the request was addressdeleted;
2023/05/25
Committee: ITRE
Amendment 765 #

2022/0396(COD)

Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point b – point ii
(ii) the request has been accepted by at least one of the European standardisation organisations to which the request was addressed, but the standards requested: — deadline set in the request; — — requirements they aim to cover.deleted are not adopted within the do not comply with the request; are not fully in line with the
2023/05/25
Committee: ITRE
Amendment 767 #

2022/0396(COD)

Proposal for a regulation
Article 33 – paragraph 1
Conformity assessment of packaging with the requirements set out in Articles 5 to 11 shall be carried out in accordance with the procedure set out in Annex VII. The conformity assessment may be performed on similar packaging with regard to their size, materials, characteristics and origin.
2023/05/25
Committee: ITRE
Amendment 768 #

2022/0396(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex VIII, shall contain the elements specified in the module set out in Annex VII and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the packaging is placed on the market or made available on the market. The EU declaration of conformity may regard several packaging in accordance with the conformity assessment in Article 33.
2023/05/25
Committee: ITRE
Amendment 815 #

2022/0396(COD)

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, the market surveillance authorities find that the packaging does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective measures, within a reasonable period prescribed by the market surveillance authorities which is commensurate with the nature and, where relevant the degree of the non-compliance, to bring the packaging in compliance with those requirements. In case a packaging that is non-compliant with the obligations set out in this Regulation is sold, or made available, on an online marketplace, the market surveillance authorities shall notify such incompliance to the online marketplace and such notice shall be handled in accordance with Article 22 of Regulation 2022/2065 (the Digital Services Act).
2023/05/25
Committee: ITRE
Amendment 818 #

2022/0396(COD)

Proposal for a regulation
Article 56 – paragraph 3 a (new)
3a. (4.) In case a packaging that is non-compliant with the obligations set out in this Regulation is sold, or made available, on an online marketplace, the market surveillance authorities shall notify such incompliance to the online marketplace and such notice shall be handled in accordance with Article 22 of Regulation 2022/2065 (the Digital Services Act).
2023/05/25
Committee: ITRE
Amendment 32 #

2022/0379(COD)

Proposal for a regulation
Recital 1
(1) It is necessary to strengthen the development of cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, to allow public administrations in the Union to cooperate and make public services function across borders. The existing informal cooperation should be replaced with a clearn legal framework to enable interoperability across different administrative levels and sectors and to ensurfacilitate seamless cross-border data flows for truly European digital services, while respecting the principle of subsidiarity. Public sector interoperability has an important impact on the right to free movement of goods and services laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (‘SMEs’).
2023/05/04
Committee: ITRE
Amendment 36 #

2022/0379(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) A high regulatory burden can act as a barrier to entry, especially for small and medium-sized enterprises, and can discourage innovation and investment, due to the time, effort, and financial resources required to comply with regulatory requirements and the impact of these requirements on economic growth, innovation, and competitiveness. Therefore this regulation takes into account any potential cumulative impact of EU regulations, administrative procedures, and compliance costs, with the aim to reduce the regulatory burden and instead to promote economic growth and development.
2023/05/04
Committee: ITRE
Amendment 39 #

2022/0379(COD)

Proposal for a regulation
Recital 2
(2) Member States and the Union have been working for more than two decades to support the modernisation of administrations through digital transformation and foster the deep interconnections needed for a truly European digital space. The communication from the Commission ‘2030 Digital Compass: the European way for the Digital Decade’ (COM(2021) 118) underlines the need to speed up the digitalisation of public services by 2030, including by ensuring interoperability across all levels of government and across public services. Furthermore, the COVID- 19 pandemic increased the speed of digitalisation, pushing public administrations to adapt to the online paradigm, including for cross-border digital public services, as well as for the smarter and greener use of technologies in accordance with the climate and energy targets set in the European Green Deal and the Regulation (EU) 2021/1119 of the European Parliament and of the Council36. This Regulation aims to significantly contribute to these Union goals by creating a structured cooperation framework on cross-border interoperability amongst Member States and the Commission to support the setup of digital public services. _________________ 36 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
2023/05/04
Committee: ITRE
Amendment 43 #

2022/0379(COD)

Proposal for a regulation
Recital 3
(3) The new governance structure should have a legal mandate to drive the further development of the European Interoperability Framework and other common interoperability solutions, such as specifications and application, with the aim to reduce the complexity of the EIF framework and to increase the involvement of SMEs. Furthermore, this Regulation should establish a clear and easily recognisable label for some interoperability solutions. The creation of a vibrant community around open government technology solutions should be fostered.
2023/05/04
Committee: ITRE
Amendment 47 #

2022/0379(COD)

Proposal for a regulation
Recital 4
(4) It is in the interest of a coherent approach to public sector interoperability throughout the Union, of supporting the principle of good administration and, in particular increased transparency and accountablity, as well as the free movement of personal and non- personal data within the Union, to align the rules as far as possible for all public sectors that are controllers or providers of network and information systems used to facilitate or manage public services. This objective includes the Commission and other institutions, bodies and agencies of the Union, as well as public sector bodies in the Member States across all levels of administration: national, regional and local. Agencies are playing an important role in collecting regulatory reporting data from Member States. Therefore, the interoperability of this data - should also be in scope of this Regulation.
2023/05/04
Committee: ITRE
Amendment 52 #

2022/0379(COD)

Proposal for a regulation
Recital 5
(5) Cross-border interoperability is not solely enabled via centralised Member State digital infrastructures, but also through a decentralised approach. This entails data exchange between local administrations in different Member States without necessarily going through national nodes. Therefore, it is necessary to develop common solutions across all administrative levels, particularly for specifications and applications. Needs for cross-border digital interactions are increasing, which requires solutions that can fulfil these needs. With this Regulation, the intention is to facilitate and encourage the exchange between all levels of administration, in order to promote more effective and efficient public services, reduce duplication and overlap, and ensure that citizens and businesses can access the services they need more easily.
2023/05/04
Committee: ITRE
Amendment 67 #

2022/0379(COD)

Proposal for a regulation
Recital 10
(10) The interoperability assessment should evaluate the impacts of the planned action on cross-border interoperability of network and information system, for example, having regard to the origin, nature, particularity and scale of those impacts. In addition, it should take into account how efficiently and effectively resources are used, and measure if the benefits of interoperability outweigh the costs. The outcome of that assessment should be taken into account when determining the appropriate measures that need to be taken in order to set up or modify the network and information system.
2023/05/04
Committee: ITRE
Amendment 72 #

2022/0379(COD)

Proposal for a regulation
Recital 14
(14) When monitoring the coherence of the interoperability solutions and proposing measures to ensure their compatibility with existing solutions that share a common purpose, the Interoperable Europe Board should take into account the obsolescence of solutions, in order to ensure that resources are used efficiently and effectively, and that public services are able to adapt to changing needs and technologies.
2023/05/04
Committee: ITRE
Amendment 80 #

2022/0379(COD)

(24) All levels of government should cooperate with innovative organisations, be it companies or non-profit entities, in design, development and operation of public services. Supporting GovTech cooperation between public sector bodies and start-ups and innovative SMEs, or cooperation mainly involving civil society organisations (‘CivicTech’), is an effective means of supporting public sector innovation, flexibility and promoting use of interoperability tools across private and public sector partners. Supporting an open GovTech ecosystem in the Union that brings together public and private actors across borders and involves different levels of government should allow to develop innovative initiatives aimed at the design and deployment of GovTech interoperability solutions.
2023/05/04
Committee: ITRE
Amendment 98 #

2022/0379(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down measures to promote the cross-border interoperability of network and information systems which are used to provide or manage public services in the Union by establishing common rules and a framework for coordination on public sector interoperability, with the aim of fostering the development of interoperable trans-European digital public services infrastructure, in order to increase efficiency and accessibility as well as reducing costs of public administration.
2023/05/04
Committee: ITRE
Amendment 110 #

2022/0379(COD)

Proposal for a regulation
Article 3 – paragraph 4 – point a
(a) a description of the intended operation and its impacts on the cross- border interoperability of one or several network and information systems concerned, including thean estimated costion of the complexity of the project as well as a cost- benefit-analysis for the adaptation of the network and information systems concerned;
2023/05/04
Committee: ITRE
Amendment 114 #

2022/0379(COD)

Proposal for a regulation
Article 3 – paragraph 4 a (new)
4a. a description of the level of potential risks of data breaches, cyber- attacks, and other security threats, due to increased exchange of information and data between different systems;
2023/05/04
Committee: ITRE
Amendment 128 #

2022/0379(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. Where a Member State develops a national interoperability framework and other relevant national policies, strategies or guidelines, it shallmay take into account the EIF.
2023/05/04
Committee: ITRE
Amendment 140 #

2022/0379(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. In order to support the development of innovation measures, the Interoperable Europe Board may propose to set up a regulatory sandbox, with the aim to increase innovation, reduce regulatory burden as well as barriers, and ultimately improve the delivery of public services to citizens.
2023/05/04
Committee: ITRE
Amendment 142 #

2022/0379(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Regulatory sandboxes shall provide a controlled environment for the development, testing and validation of innovative interoperability solutions supporting the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically for a limited period of time before putting them into service, with the aim to increase innovation, reduce regulatory burden as well as barriers, and ultimately improve the delivery of public services to citizens.
2023/05/04
Committee: ITRE
Amendment 157 #

2022/0379(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b – introductory part
(b) one representative designated by each of the following:
2023/05/04
Committee: ITRE
Amendment 160 #

2022/0379(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b – point ii
(ii) the Committee of the Regions;deleted
2023/05/04
Committee: ITRE
Amendment 161 #

2022/0379(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii
(iii) the European Economic and Social Committee.deleted
2023/05/04
Committee: ITRE
Amendment 165 #

2022/0379(COD)

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
The members of the Interoperable Europe Board shall make every effort to adopt decisions by consensus. In the event of a vote, the outcome of the vote shall be decided by simple a supermajority of two-third of the component members. The members who have voted against or abstained shall have the right to have a document summarising the reasons for their position annexed to the opinions, recommendations or reports.
2023/05/04
Committee: ITRE
Amendment 167 #

2022/0379(COD)

Proposal for a regulation
Article 15 – paragraph 4 – point a
(a) support with technical expertise and advice on the implementation of national interoperability frameworks and other relevant national policies, strategies or guidelines;
2023/05/04
Committee: ITRE
Amendment 168 #

2022/0379(COD)

Proposal for a regulation
Article 15 – paragraph 4 – point a a (new)
(aa) complement and coordinate efforts in order to achieve a more effective and efficient use of resources;
2023/05/04
Committee: ITRE
Amendment 196 #

2022/0379(COD)

Proposal for a regulation
Article 20 – paragraph 2 – point c a (new)
(ca) Measure possible achievements or shortcomings of the regulation with help of key performance indicators (KPIs);
2023/05/04
Committee: ITRE
Amendment 276 #

2022/0196(COD)

Proposal for a regulation
– The European Parliament rejects the Commission proposal (The proposal is inconsistent with the principles of subsidiarity and proportionality.)
2023/04/04
Committee: ENVI
Amendment 284 #

2022/0196(COD)

Proposal for a regulation
Recital 1
(1) The Treaty requires a high level of protection of human health and of the environment to be ensured in the definition and the implementation of all Union policies and activities and provides that Union policy on the environment is to aim at a high level of protection. The precautionary principle is set out in Article 191 of the Treaty, acknowledging that is already taken into account in of the authorisation procedure.
2023/04/04
Committee: ENVI
Amendment 319 #

2022/0196(COD)

Proposal for a regulation
Recital 7
(7) The Commission Communication entitled ‘the European Green Deal’47 set out a roadmap of key measures, including legislative, to significantly reduce the use and risk of chemical pesticides. In the Farm to Fork Strategy48 , EU Biodiversity Strategy for 203049 and the Zero Pollution Action Plan50 , the Commission committed to take action to reduce by 50% the overall use and risk from chemical pesticides by 2030 and reduce by 50% the use of more hazardous pesticides (plant protection products containing one or more active substances approved as candidates for substitution in accordance with Article 24 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council51 and listed in Part E of the Annex to Commission Implementing Regulation (EU) No 540/201152 , or containing one or more active substances listed in the Annex to Commission Implementing Regulation (EU) 2015/40853 ) by 2030. The sustainable use of plant protection products is also complementary to the promotion of organic farming and achieving the Farm to Fork Strategy target of at least 25% of the Union’s agricultural land under organic farming by 2030. It supports the objectives of the EU strategic framework on health and safety at work54 and thereby contributes to the implementation of principle 10 of the European Pillar of Social Rights on a healthy, safe and well- adapted work environment. As plant breeding and seed production contribute to the overall reduction targets, through the marketing of resistant varieties and the supply of healthy seeds to the market, the above mentioned activities are exempt from the overall reduction targets. __________________ 47 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal COM/2019/640 final. 48 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system, COM/2020/381 final. 49 Communication from the Commission to the European Parliament the Council, the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM/2020/380 final. 50 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil', COM(2021) 400 final. 51 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1). 52 Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1). 53 Commission Implementing Regulation (EU) 2015/408 of 11 March 2015 on implementing Article 80(7) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and establishing a list of candidates for substitution (OJ L 67, 12.3.2015, p. 18). 54 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU strategic framework on health and safety at work 2021-2027 Occupational safety and health in a changing world of work, COM/2021/323 final.
2023/04/04
Committee: ENVI
Amendment 338 #

2022/0196(COD)

Proposal for a regulation
Recital 8
(8) Two European citizens’ initiatives address the use of pesticides and call for ambitious reduction targets. The initiative ‘Ban glyphosate and protect people and the environment from toxic pesticides’ submitted to the Commission on 6 October 2017 called on the Commission, under its third aim, ‘to set EU-wide mandatory reduction targets for pesticide use, with a view to achieving a pesticide- free future’. In its reply adopted on 12 December 2017, the Commission stated that it would re-evaluate the need for EU- wide mandatory targets for pesticides. More recently, the initiative ‘Save bees and farmers! Towards a bee-friendly agriculture for a healthy environment’ calls on the Commission ‘to propose legal acts to phase out synthetic pesticides in EU agriculture by 80% by 2030, starting with the most hazardous, and to become free of synthetic by 2035.’ The initiative has collected over 1 million statements of support by 30 September 2021 which are currently being verified by Member States authorities.deleted
2023/04/04
Committee: ENVI
Amendment 342 #

2022/0196(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) In their latest advice about the ECI “Save bees and farmers”, the EESC points out that many legislative acts are being prepared or have already been adopted by the Commission in favour of bees, pollinators, biodiversity, the sustainable use of pesticides, and support for farmers in the agro-ecological transition. It recognises, however, that these measures have not fully achieved their objectives. It therefore calls on the Commission to take additional measures to achieve its ambitious objectives more effectively in practice. For example, it recommends stronger support for precision agriculture, digital agriculture, biological control, and robotics, as well as agro-ecology. The EESC stresses the need to take into account all three pillars of sustainability (environmental, social and economic), without neglecting the economic situation, which is often overlooked, in an essential context of systemic sustainability and food sovereignty The EESC also calls on the Commission to carry out impact assessments before taking any decision, in order to assess, in particular, the costs of the initiative for agricultural production and the economy, compared to the financial cost of biodiversity loss for farmers.
2023/04/04
Committee: ENVI
Amendment 356 #

2022/0196(COD)

Proposal for a regulation
Recital 11
(11) Biological control agents are a sustainable controlis one type of alternative to the use of chemical products, to combine with other solutions like agronomic practices, genetics, innovative agricultural equipment, etc. for the control of harmful organisms. As noted in Council Decision (EU) 2021/110257 , biological control agents have a growing importance in sustainable agriculture and forestry and have an instrumental role to play in the success of integrated pest management and both organic, high-technological and conventional farming. Access to biological controls would facilitates moving away from chemical plant protection products and apply them as a last resort following the Integrated Pest Management (IPM) principles, including reduced use through precision farming techniques. It is appropriate to encourage farmers to switch to low input agricultural methods including organic farming. It is therefore appropriate to define the concept of biological control as a basis for Member States to set indicative targets to increase the percentage of crops on which biological control agents are used. __________________ 57 Council Decision (EU) 2021/1102 of 28 June 2021 requesting the Commission to submit a study on the Union’s situation and options regarding the introduction, evaluation, production, marketing and use of invertebrate biological control agents within the territory of the Union and a proposal, if appropriate in view of the outcomes of the study (OJ L 238, 6.7.2021, p. 81).
2023/04/04
Committee: ENVI
Amendment 379 #

2022/0196(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) Since the European Commission presented the Green Deal, including the Farm to Fork Strategy in May 2020, numerous impact assessments have been conducted in order to measure the impact of the Commission proposals on European agriculture and food security in the Union. One of these studies, conducted by Wageningen University and Research, found that the proposed targets could lead to an average production decline of up to 20%12a. __________________ 12a https://www.wur.nl/en/research- results/research-institutes/economic- research/show-wecr/green-deal-probably- leads-to-lower-agricultural-yields.htm
2023/04/04
Committee: ENVI
Amendment 380 #

2022/0196(COD)

Proposal for a regulation
Recital 12 b (new)
(12b) The Parliament notes that although the Commission conducted and published an impact assessment alongside the Proposal for a Regulation on the Sustainable Use of Pesticides in June 2022, the Commission’s impact assessment only took into account the possible policy options considered by the Commission during the review phase, and therefore did not include any analysis of the impact of a complete ban of pesticides on sensitive areas. Furthermore, while the impact assessment acknowledges that pesticide reduction targets would lead to “an overall reduction in yield” and is expected to “induce production price increases,” it does not offer any quantifiable figures to how much yields are expected to decrease, for which crops, or in which regions of Europe.12b __________________ 12b https://food.ec.europa.eu/system/files/202 2- 06/pesticides_sud_eval_2022_ia_report.pd f
2023/04/04
Committee: ENVI
Amendment 384 #

2022/0196(COD)

Proposal for a regulation
Recital 13
(13) Given the different levels of historical progress and differences in intensity of pesticide use between Member States, it is necessary to allow Member States some flexibilityadaptation to farm realities in their National Strategic Plans when setting their own binguiding national targetreduction ambitions (“national 2030 reduction targets”). Intensity of use isand risk should best measured by dividing the total quantity of active substances placedthrough a scientifically justified formula, taking into account the particular conditions onf the mfarket, and therefore used, in the form of plant protems (e.g., technical and mechanical solutions to reduce risk should be taken into account; for closed farming systems, the impacti on products in a particular Member State by the surface area over which the active substances wethe environment is much lower and not related to sales, etc.) and the Member States (e.g., geography, climate, production methods, IPM measures applied. Intensity in th jointly with the possible use of csynthemtical pesticides, and in particular of the more hazardous pesticides, correlates with greater dependency on chemical pesticides, greater risks to human health and the environment and less sust when needed) and developing comparable usage indicators that would not rely on adaptation of sales data but on usage per unit of harvested product. Intensity in the use of synthetic and/or hazardous pesticides may depend on the avainlable farming pracility of alternaticves. It is therefore appropriate to allow Member States to take their lower intensity of or low-risk products and tools to be used instead. Availability of suitable alternatives allows farmers to use of csynthemtical pesticides than the Union average into account in setting their national 2030 reduction targets. It is also appropriate to require them to take their higher intensity of use of cas a last recourse following IPM principles. It is therefore appropriate to allow Member States to consider both the availability in the market of synthemtical pesticides than the Union average into account in sett, low-risk and non-synthetic tools for plant protection when designing their national 2030 reduction targets. In addition, in order to give recognition to past efforts by Member States, they should also be allowed to take into account historical progress prior to the adoption of the Farm to Fork Strategy when setting national 2030 reduction targets. Conversely, where Member States have increased, or made only limited reductions in, their use and risk of csynthemtical plant protection products, they should now make a greater contribution to the achievement of the Union 2030 reduction targets, while also taking account of their intensity and risk of pesticide use. In order to ensure a fair and collective effort towards the achievement of Union-wide targets and an adequate level of ambition, minimum limits should be laid down for national 2030 reduction targets. TMember States territories, including the EU’s outermost regions, as listed in Article 349 of the Treaty, are located in the Atlantic, Caribbean and Indian Ocean. Due to permanent constraints such as their remoteness to the European continent, insularity and high expo, should be allowed to take into account the specific needs of their different regions as regards the use of plant protection products and measures to climate change, it is appropriate to allow Member States to take into account the specific needs of these regions as regards the use of plant protection products and measures tailored to specific climatic conditions and cropailored to specific climatic conditions and crops. In some particular regions, tailored- measures should be further developed to cope with problems derived from remoteness, insularity and/or high exposure to climate change. This should allow a case-by-case decision-making process regarding the level of pesticide reduction targets in both EU continental and outermost regions. In order to ensure a fair and collective effort towards the achievement of Union-wide targets, where a Member State reaches the level of its 2030 national reduction target before 2030, it should not be required to undertake additional reduction efforts, but it should closely monitor annual fluctuations in the use and risk of csynthemtical plant protection products and in the use of more hazardous plant protection products to ensure progress towards meeting the respective 2030 national reduction target. In the interests of transparency, Member State responses to any Commission recommendations in relation to the level of ambition of national targets and the annual progress made towards them should be publicly accessible.
2023/04/04
Committee: ENVI
Amendment 403 #

2022/0196(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) In its Staff Working Document on the Drivers of Food Security, the European Commission acknowledges that “Soil, water, biodiversity, and air are basic requirements for food production” and confirms how availability and access to food for consumers at reasonable prices are objectives that cannot be taken for granted.
2023/04/04
Committee: ENVI
Amendment 473 #

2022/0196(COD)

Proposal for a regulation
Recital 20
(20) An approach to pest control that follows integrated pest management in ensuring careful consideration of all available means that discourage the development of populations of harmful organisms, while keeping the use of chemical plant protection products to levels that are economically and ecologically justified and minimising risks to human health and the environment is necessary for the protection of human health and the environment. ‘Integrated pest management’ emphasises the growth of a healthy crop with the least possible disruption to agro-ecosystems, encourages natural pest control mechanisms and uses chemical control only when all other control means are exhausted. To ensure that integrated pest management is implemented consistently on the ground, it is necessary to lay down clear rules in this Regulation. In order to comply with the obligation to follow integrated pest management, a professional user should consider and implement all methods and practices that avoid the use of plant protection products. Chemical plant protection products should only be used when there are no viable alternatives or all other control means have been exhausted. In order to ensure and monitor compliance with this requirement, it is important that professional users keep a record of the reasons why they apply plant protection products or the reasons for any other action taken in line with integrated pest management and of advice received in support of their implementation of integrated pest management from independent advisors. These records are also required for aerial applications.
2023/04/04
Committee: ENVI
Amendment 505 #

2022/0196(COD)

Proposal for a regulation
Recital 25
(25) UImproper use of plant protection products may have particularly negative impacts in certain areas that are frequently used by the general public or by vulnerable groups, communities in which people live and work and ecologically sensitive areas, such as Natura 2000 sites protected in accordance with Directive 2009/147/EC of the European Parliament and of the Council67 and Council Directive 92/43/EEC68 , such as parks or urban areas and sports and leisure facilities, urban areas covered by a watercourse or water feature, to be defined at a case-by-case basis considering the particular conditions of each Member State. If plant protection products are used in areas used by the general public, the possibility of exposure of humans to such plant protection products is high. In order to protect human health and the environment, the use of plant protection products in sensitive areas and within 3 metres of such areas, should therefore be prohibited. Derogations from the prohibition should only be allowed under certain conditions and on a case-by-case basis. __________________ 67 Directive 2009/147/EC of the European Parliaor 1 meter when efficient drift control nozzles are used, should therefore be prohibited. If a physical buffer zone is already present, no addition buffer zones are needed. Exemptions and derogations from the prohibition should be foreseen for cases where the use of PPPs contributes to the achievement and of the Council of 30 November 2009overall objectives onf the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 68 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)is Regulation, e.g. the use of PPPs in plant breeding and seed production to assure the supply of healthy commercial seed for farmers and growers compliant with EU Regulation 2016/2031 and specific standards laid down in the EU seed marketing legislation.
2023/04/04
Committee: ENVI
Amendment 584 #

2022/0196(COD)

Proposal for a regulation
Recital 38
(38) Statistical data on plant protection products collected in accordance with Regulation (EC) No 1185/2009 of the European Parliament and of the Council74 should be used in calculating these harmonised risk indicators based on real use of pesticides and progress towards achieving binguiding Union and national targets based on the Farm to Fork Strategy. Given that pesticide use fluctuates between years depending, in particular, on the weather, a three year baseline period is appropriate to take account of such fluctuationt least a ten year timespan should be considered to see the real usage trends in use of pesticides. The baseline period for the calculation of harmonised risk indicators 1 and 2 is 2011–2013, as this was the first three year period for which data was received by the Commission under Regulation (EC) No 1185/2009 and coincides with the entry into force of Directive 2009/128/EC. The baseline period for the calculation of progress towards the Union 2030 reduction targets is 2015–, therefore, 2011 – 20173, as this was the three most recent years for which data was available at the time of the announcement of the Farm to Fork Strategyin order to fully reflect and respect the achievements already made by European farmers. The baseline period for the calculation of a new harmonised risk indicator 2a is 2022–2024, as this will be the first three year period for which data on the areas treated under each authorisation for an emergency situation in plant protection will be available. __________________ 74 Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1).
2023/04/04
Committee: ENVI
Amendment 598 #

2022/0196(COD)

Proposal for a regulation
Recital 39
(39) For the moment, the only robust statistical data available at Union level relating to the marketing and use of plant protection products are the statistics on the quantities of active substances in plant protection products placed on the market, and the data on the number of authorisations for emergency situations in plantThe EU Biodiversity Strategy for 2030 recognises the need for urgent action to protect biodiversity. There is evidence of a widespread reduction of species, in particular insects and pollinators, in the Union. Biodiversity loss is, amongst other factors such as decrease in livestock proteduction granted under Regulation (EC) No 1107/2009. Those statistics are used inor a deviation from the principles of the calirculation of harmonised risk indicators 1 and 2 under Directive 2009/128/EC and in calculating progress towards the binding Union 2030 reduction targets and national 2030 reduction targets bar economy, driven by the incorrect or redundant use of plant protection products. It is therefore essential to ensure that plant protection products are used oin the Farm to Fork Strategy. The new harmonised risk indicator 2a will be calculated using statistics on the number of authorisations for emergency situations in plant protection, the properties of the active substances in plant protection products subject to these authorisations, and the areas treated under these authorisations to better such a way as to mitigate the risk of harmful effects of such products on wildlife, through a number of measures including training, inspection of application equipment in professional use and protection of the aquantify the risks arising from authorisations for emergency situations in plant protectionc environment and sensitive areas.
2023/04/04
Committee: ENVI
Amendment 2142 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 3
3. By way of derogation from paragraph 1, a competent authority designated by a Member State may permit a professional user to use a plant protection product in a sensitive area for a limited period with a precisely defined start and end date that is the shortest possible but does not exceed 60 days, provided that all of the following conditions are met: (a) risk of the spread of quarantine pests or invasive alien species exists; (b) lower risk alternative control technique to contain the spread of quarantine pests or invasive alien species.deleted a proven serious and exceptional there is no technically feasible
2023/04/05
Committee: ENVI
Amendment 2150 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 3 – point a
(a) a proven serious and exceptional risk of the spread of quarantine pests or invasive alien species exists;deleted
2023/04/05
Committee: ENVI
Amendment 2153 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 3 – point b
(b) there is no technically feasible lower risk alternative control technique to contain the spread of quarantine pests or invasive alien species.deleted
2023/04/05
Committee: ENVI
Amendment 2162 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 4
4. An application by a professional user for a permit for the use of a plant protection product in a sensitive area shall include the information necessary to demonstrate that the conditions set out in paragraph 3 are met.deleted
2023/04/05
Committee: ENVI
Amendment 2164 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 5
5. The competent authority referred to in paragraph 3 shall decide on the application for a permit for the use of a plant protection product within 2 weeks of its submission.deleted
2023/04/05
Committee: ENVI
Amendment 2175 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 6
6. The permit to use a plant protection product in a sensitive area shall indicate all of the following: (a) the conditions for limited and controlled use by the applicant; (b) the obligation to display notices regarding use of plant protection products on the perimeter of the area to be treated, and any specific form such display is to take; (c) (d) permit.deleted risk mitigation measures; the duration of validity of the
2023/04/05
Committee: ENVI
Amendment 2183 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 7
7. A professional user that has been granted a permit to use a plant protection product in a sensitive area shall display notices to that regard on the perimeter of the area to be treated in the form indicated in the permit.deleted
2023/04/05
Committee: ENVI
Amendment 2190 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 8
8. Where a permit for use of a plant protection product in a sensitive area is granted, before the first day of its validity, the competent authority referred to in paragraph 3 shall make publicly available the following information: (a) (b) circumstances justifying the application of a plant protection product; (c) the start and end date of the approval period of the permit, which shall not exceed 60 consecutive days; (d) allowing a safe application; (e) product or products; (f) used and the risk mitigation measures to be taken.deleted the location of the use; the evidence for the exceptional the relevant weather conditions the name of the plant protection the application equipment to be
2023/04/05
Committee: ENVI
Amendment 2288 #

2022/0196(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 40 supplementing this Regulation to specify precise criteria in relation to the factors set out in paragraph 2 once technical progress and scientific developments allow for the development of such precise criteria.
2023/04/05
Committee: ENVI
Amendment 2432 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. Each professional user shall consult an independent advisor at least once a year for the purposes of receiving the strategic advice referred to in paragraph 4.deleted
2023/04/05
Committee: ENVI
Amendment 2446 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 4 – point c
(c) precision farming techniques, including use of seed treatments, space data and services;
2023/04/05
Committee: ENVI
Amendment 2548 #

2022/0196(COD)

Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point b
(b) use the central electronic register to receive and process third party entries regarding ownership, transfer of ownership, sale, withdrawal from use and return to use of application equipment in professional use, for recording and tracking purposes;
2023/04/05
Committee: ENVI
Amendment 2558 #

2022/0196(COD)

Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Where the designated competent authority does not carry out the inspection of application equipment in professional use, it shall designate one or more bodies to carry out such inspections, or develop a certification system to which inspection services must comply.
2023/04/05
Committee: ENVI
Amendment 2575 #

2022/0196(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. The competent authority referred to in Article 30 or a body designated by it shall inspect application equipment in professional use every three years, starting from the date of first purchase. The competent authority shall ensure that there is sufficient staff, equipment and other resources necessary for the inspection of all application equipment due for inspection, within the three year cycle. The competent authority may develop a certification system enabling a fast implementation of inspections by service organisations compliant with the certification.
2023/04/05
Committee: ENVI
Amendment 2594 #

2022/0196(COD)

Proposal for a regulation
Article 31 – paragraph 10
10. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex IV in order to take into account technical progress and scientific developments.
2023/04/05
Committee: ENVI
Amendment 2628 #

2022/0196(COD)

Proposal for a regulation
Article 33 – paragraph 2 – point h
(h) the nozzle type(s) present on the application equipment at the time of inspection, as well as any type of drift reduction equipment;
2023/04/05
Committee: ENVI
Amendment 2646 #

2022/0196(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. The methodology for calculating progress towards achieving the two Union 2030 reduction targetcontributions and the two national 2030 reduction targets until and including 2030 is laid down in Annex I. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009.
2023/04/05
Committee: ENVI
Amendment 2652 #

2022/0196(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two Union and two national 2030 reduction targetcontributions annually until and including 2030 and publish those results on the website referred to in Article 7.
2023/04/05
Committee: ENVI
Amendment 2661 #

2022/0196(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex VI in order to take into account technical progress, including progress in the availability of statistical data, and scientific and agronomic developments. Such delegated acts may modify the existing harmonised risk indicators or provide for new harmonised risk indicators, which may take into account Member States’ progress towards achieving the target of having 25% of their utilised agricultural area devoted to organic farming by 2030 as referred to in Article 8(1), point (d).
2023/04/05
Committee: ENVI
Amendment 2700 #

2022/0196(COD)

Proposal for a regulation
Article 39 – paragraph 1
Member States may recover the costs related to carrying out their obligations under this Regulation by means of fees or charges. No additional levy or tax on plant protection products shall be imposed.
2023/04/05
Committee: ENVI
Amendment 2756 #

2022/0196(COD)

Proposal for a regulation
Annex I – paragraph 1 – introductory part
This Regulation is the instrument used to achieve the pesticide reduction targets contained in the Farm to Fork Strategy by requiring each Member State to contribute to achieving by 2030 a 50 % Union-wide reduction of both the use and risk of chemical plant protection products (‘Union 2030 reduction target 1’) and the use of more hazardous plant protection products (‘Union 2030 reduction target 2’). This Regulation also regulates the contribution of each Member State to these Union targets. Each Member State contribution, set in the form of a national target, to Union 2030 reduction target 1 is referred to as a ‘national 2030 reduction target 1’, while a Member State contribution to Union 2030 reduction target 2 is referred to as a ‘national 2030 reduction target 2’. The methodology for calculating progress towards achieving these targets is set out below:
2023/04/05
Committee: ENVI
Amendment 192 #

2022/0195(COD)

Draft legislative resolution
Citation 2
— having regard to Article 294(2), Article 191 and Article 192(12b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9- 0208/2022), (Justification - legal basis:1. This REGULATION proposal is in accordance with Article 192(2b) of TFEU, because measures of the proposal are affecting: town and country planning, quantitative management of water, resources, or affecting, directly or indirectly, the availability of those resource, agriculture land use and forestry matters. The form of DIRECTIVE (instead of Regulation) would better reflect existing the MSs’ national legislation and avoid unnecessary administrative burden. As DIRECTIVE proposal is in accordance with Article 192(1) of the Treaty on the Functioning of the European Union (TFEU). The proposal is not compatible with the principle of subsidiarity and proportionality because it exceeds what is necessary to achieve the objectives of the proposal (for example: national forestry, and water plans, management, etc). 2. The proposal is NOT compatible with the principle of subsidiarity and proportionality because it exceeds what is necessary to achieve the objectives of the proposal (f.e. national forestry and water plans, management, sources).)Or. en
2023/01/26
Committee: ENVI
Amendment 195 #

2022/0195(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(11 and Article 192(2b) thereof,
2023/01/26
Committee: ENVI
Amendment 319 #

2022/0195(COD)

(33) It is important to ensure a gradual increase of the areas covered by habitat types that fall within the scope of Directive 92/43/EEC that are in good condition across the territory of Member States and of the Union as a whole, until the favourable reference areaconservation status for each habitat type is reached and, on at least 930 % at Member State level of that area is in good condition, so as to allow those habitat types in the Union to achieve favourable conservation statusby 2030, on at least 60 % by 2040, and for all Natura 2000 framework ecosystems by 2050.
2023/01/26
Committee: ENVI
Amendment 521 #

2022/0195(COD)

Proposal for a regulation
Recital 75
(75) In order to ensure the necessary adaptation of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Annexes I to VII to adapt the group of habitats, to update the information on the common farmland bird index, as well as to adapt the list of biodiversity indicators for agricultural ecosystems, the list of biodiversity indicators for forest ecosystems and the list of marine species tois to be done through a proper consultation of the relevant national experts, and in accordance with the latest scientific evidence and the examples of restoration measures. It is of particular importance that the Commission carries 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-Making52. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
2023/01/26
Committee: ENVI
Amendment 543 #

2022/0195(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of degraded ecosystems;
2023/01/26
Committee: ENVI
Amendment 550 #

2022/0195(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) achieving the Union’s overarching objectives concerning climate change mitigation and climate change adaptationsustainable development, as well as food and energy security;
2023/01/26
Committee: ENVI
Amendment 579 #

2022/0195(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay,long-term effective and area-based restoration measures which together shall cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, all ecosystems in need of restoration.
2023/01/26
Committee: ENVI
Amendment 593 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘ecosystem’ means a dynamic complex of plant, animal, and microorganism communities and their non-living environment, interacting as a functional unit, and includes habitat types, habitats of species and species populationsfunctional system of living and non-living components of the environment that are interconnected by the exchange of substances, the flow of energy and the transfer of information and that dynamically interact and evolve over space and time;
2023/01/26
Committee: ENVI
Amendment 594 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
(1a) 'degraded ecosystem' means an ecosystem that is significantly negatively affected by anthropogenic or non- anthtropogenic changes such as climate change, land use, nitrogen deposition, pollution and invasive alien species and others;
2023/01/26
Committee: ENVI
Amendment 600 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘restoration’ means the process of actively or passively assisting the recovery of an ecosystem towards or to good condition, of a habitat type to the highest level of condition attainable and to its favourable reference area, of a habitat of a species to a sufficient qualitactions based on the science and the best available techniques taken to protect and sustainably mand quantity, or of species populations to satisfactory levelage natural or degraded ecosystems, as a means of conserving or enhancing biodiversity and ecosystem resilience;
2023/01/26
Committee: ENVI
Amendment 620 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘good condition’ means a state where the key characteristicswhen: - population dynamics data on the species concerned indicate that it is maintaining itself ofn an ecosystem, namely its physical, chemical, compositional, structural and functional s long-term basis as a viable component of its natural habitates, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its- the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and - there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long- term maintenancebasis;
2023/01/26
Committee: ENVI
Amendment 639 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘favourable reference area’ means the total area of a habitat type in a given biogeographical region or marine region at national level that is considered the minimum necessary to ensure the long- term viability of the habitat type and its species, and all its significant ecological variations in its natural range, and which is composed of the area of the habitat type and, if that area is not sufficient, the area necessary for the re-establishment of the habitat type;
2023/01/26
Committee: ENVI
Amendment 646 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6
(6) ‘sufficient quality of habitat’ means the quality of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-long-term favourable status and a full functionality of ecosysterm basis as a viable component of its habitat in its natural range;services.
2023/01/26
Committee: ENVI
Amendment 652 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7
(7) ‘sufficient quantity of habitat’ means the quantity of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-contributes to a long-term favourable status and a full functionality of ecosysterm basis as a viable component of its habitat in its natural range;services.
2023/01/26
Committee: ENVI
Amendment 658 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 8
(8) ‘pollinator’ means a wildn animal whichthat transportsfer pollen from the anther of a plant to the stigma of a plant, enablingmale to the female parts of flowers, thus allowing plants to fertilisatione and the reproduction of seedse;
2023/01/26
Committee: ENVI
Amendment 719 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good conditionfavourable status areas of habitat types listed in Annex I which are not in good conditionfavourable status. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good conditionfavourable status, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050 inside the Natura 2000 network.
2023/01/26
Committee: ENVI
Amendment 726 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.deleted
2023/01/26
Committee: ENVI
Amendment 754 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved at favourable status.
2023/01/26
Committee: ENVI
Amendment 771 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledgetechniques, taking into account the all functions of ecosystems and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be considered as not being in good condition and cost effectiveness.
2023/01/26
Committee: ENVI
Amendment 774 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types.deleted
2023/01/26
Committee: ENVI
Amendment 790 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the speciefavourable status is reached. Member States shall ensure that areas subject to restoration measures according to paragraphs 1 in which favourable status has been reached, do not deteriorate excluding force majeure.
2023/01/26
Committee: ENVI
Amendment 811 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur inside Natura 2000 do not deteriorate.
2023/01/26
Committee: ENVI
Amendment 893 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 9 – point a
(a) force majeure; including natural disasters;
2023/01/26
Committee: ENVI
Amendment 924 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 9 – subparagraph 2 (new)
Member States shall ensure that there is: (a) an increase of habitat area in favourable status for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached; (b) an increasing trend towards the sufficient quality and quantity of the terrestrial, coastal and freshwater habitats of the species referred to in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC.
2023/01/26
Committee: ENVI
Amendment 948 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good conditionFollowing the development of a revised Union-wide methodology for the assessment of habitat types and species protected under Directive 92/43/EEC and Directive 2009/147/EC, Member States shall put in place appropriate and reasonable restoration measures inside the Natura 2000 network to improve favourable status areas of habitat types listed in Annex II which are not in good condition. Such measures shall be in place on at least 30 % of the total area of each group ofthe habitat types listed in Annex II that isare not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050. .
2023/01/26
Committee: ENVI
Amendment 971 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. After the data on habitat types referred to in Article 19(8) has been made available, Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex II in areas not covered by those habitat types, provided that re- establishment is possible under present climatic conditions, also provided that adequate and sufficient areas for re- establishment are available. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat typesof habitat types listed in Annex II, as quantified in the national restoration plan referred to in Article 12, by 20305, at least 60 % of that surface by 20405, and 1090 % of that surface by 20505.
2023/01/26
Committee: ENVI
Amendment 990 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Member States shall put in place the restoration measures inside Natura 2000 network for the marine habitats of species listed in Annex III and where deemed required for species in Annexes II, IV and V to Directive 92/43/EEC and for the marine habitats of wild birds covered under Directive 2009/147/EC, that are necessary in order to improve the quality and quantity of those habitats, including by re- establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achievedto reach favourable status.
2023/01/26
Committee: ENVI
Amendment 999 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledgetechniques, taking into account all functions of ecosystems, and the latest scientific evidence of the condition of the habitat types listed in Annex II, measured by the structure and functions which are necessary for their long-term maintenance, including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3. Areas where the habitat types listed in Annex II are in unknown condition shall be considered as not being in good condition of this Article. Cost- effectiveness must also be taken into account when prioritising and allocating restoration measures.
2023/01/26
Committee: ENVI
Amendment 1009 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 5
5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types.
2023/01/26
Committee: ENVI
Amendment 1016 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 32 show a continuous improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3 until the sufficient quality of those habitats is reached. Member States shall ensure that a. Member States shall ensure that areas inside Natura 2000 areas subject to restoration measureas in which good condition has been reachedaccordance with paragraphs 1 and 2 in which the sufficient quality of the habitats of the speciesgood condition has been reached, do not deteriorate.
2023/01/26
Committee: ENVI
Amendment 1032 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex II occur inside Nature 2000 do not deteriorate.
2023/01/26
Committee: ENVI
Amendment 1065 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 8 – point b
(b) unavoidable habitat transformations which are or other relevant circumstances which are directly and indirectly caused by climate change; or
2023/01/26
Committee: ENVI
Amendment 1072 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis, to be defined in the national restoration plan.
2023/01/26
Committee: ENVI
Amendment 1080 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 8 – point c a (new)
(ca) A project in the interest of public health and public safety, including food and energy supply, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.
2023/01/26
Committee: ENVI
Amendment 1084 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 8 – point c b (new)
(cb) Measures to maintain food security and production of food and renewable resources;
2023/01/26
Committee: ENVI
Amendment 1106 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 9 – point a
(a) force majeure, including natural disasters;
2023/01/26
Committee: ENVI
Amendment 1118 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 9 – point b
(b) unavoidable habitat transformations which are directly caused by climate change:or other relevant circumstances ; or
2023/01/26
Committee: ENVI
Amendment 1119 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 9 – point b a (new)
(ba) measures to maintain food security and production of food and renewable resources;
2023/01/26
Committee: ENVI
Amendment 1138 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex II until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached, providing that habitats types requirements for good conditions as well as favourable reference areas are not negatively competing;
2023/01/26
Committee: ENVI
Amendment 1151 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 10 – point b a (new)
(ba) Member states shall, in accordance with the national restoration plan referred to in Article 12, restore areas that, due to the loss of their natural conditions, have lost their production capacity, ability to produce important ecosystem services.
2023/01/26
Committee: ENVI
Amendment 1156 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 10 – point b b (new)
(bb) Member states shall, in accordance with the national restoration plan referred to in Article 12, restore areas that, due to the loss of their natural conditions, risk significantly worsening the effects of natural disasters such as floods, storms, fires and natural pests.
2023/01/26
Committee: ENVI
Amendment 1200 #

2022/0195(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) a net gain of urban green space that is integrated into existing and new buildings and infrastructure developments, including through renovations and renewals, in all cities and in towns and suburbs.deleted
2023/01/26
Committee: ENVI
Amendment 1205 #

2022/0195(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) a net gain of urban green space that is integrated into existing and new buildings and infrastructure developments, including through renovations and, renewals, restoration, and de-sealing, in all cities and in towns and suburbs.
2023/01/26
Committee: ENVI
Amendment 1233 #

2022/0195(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Member States shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and, taking into account their socio-economic functions, identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in Article 4 of this Regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 20305, without prejudice to Directive 2000/60/EC, in particular Aarticles 4(3), 4(5) and 4(7) thereof, and Regulation 1315/2013, in particular Article 15 thereof.
2023/01/26
Committee: ENVI
Amendment 1254 #

2022/0195(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Member States shall remove the barriers to longitudinal and lateral connectivity of surface waters identified based on the inventory under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply, flood protection, or other uses.
2023/01/26
Committee: ENVI
Amendment 1268 #

2022/0195(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Member States shall complemenmay support the removal of the barriers referred to in paragraph 2 by the measures necessaryadequate to improveing the natural functions of the related floodplains.
2023/01/26
Committee: ENVI
Amendment 1284 #

2022/0195(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Member States shall reverse the decline ofcontribute to pollinator populationsabundance by 2030, and achieve thereafter an increasimprove pollinator diversity by 2035, in order to maintaing trend of pollinator populations, measured ehe functionality of the pollination ecosystem service overy three years after 2030,ime. The improvement shall be continuous until satisfactory levels are reachieved, as set out in accordance with Article 11 (3). This shall be done while taking into account impacts on agricultural production and factors such as climate change.
2023/01/26
Committee: ENVI
Amendment 1301 #

2022/0195(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The method referred to in the paragraph 2 shall provide a standardised approach for collecting annual data on the abundance, food supply and diversity of pollinator species and for assessing pollinator population trends.
2023/01/26
Committee: ENVI
Amendment 1308 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Member States shall put in place the restoration measures necessaryappropriate and reasonable to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration measures under Article 4(1), (2) and (3), taking into account social and economic aspects, Common Agricultural Policy (CAP), including SMEs, and ensure the food security in the EU.
2023/01/26
Committee: ENVI
Amendment 1328 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 2 – introductory part
2. Member States shall achieveim for an increasing trend at national level of each of the following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every threfive years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached:
2023/01/26
Committee: ENVI
Amendment 1331 #
2023/01/26
Committee: ENVI
Amendment 1342 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) stock of organic carbon in cropland mineral soils;deleted
2023/01/26
Committee: ENVI
Amendment 1355 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c
(c) sShare of agricultural land with high- diversity landscape features according to the CAP Strategic plan.
2023/01/26
Committee: ENVI
Amendment 1384 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 3 – point b
(b) 105 by 20305, 110 by 20405 and 115 by 20505, for Member States listed in Annex IV with historically less depleted populations of farmland birds.
2023/01/26
Committee: ENVI
Amendment 1396 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures. Those measures shall be in place on at least:deleted
2023/01/26
Committee: ENVI
Amendment 1409 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) 30 % of such areas by 2030, of which at least a quarter shall be rewetdeleted;
2023/01/26
Committee: ENVI
Amendment 1423 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) 50 % of such areas by 2040, of which at least half shall be rewetdeleted;
2023/01/26
Committee: ENVI
Amendment 1439 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) 70 % of such areas by 2050, of which at least half shall be rewetdeleted.
2023/01/26
Committee: ENVI
Amendment 1454 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Member States may put in place restoration measures, including rewetting, in areas of peat extraction sites and count those areas as contributing to achieving the respective targets referred to in the first subparagraph, points (a), (b) and (c)Article 4.
2023/01/26
Committee: ENVI
Amendment 1458 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 20%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c)Article 4.
2023/01/26
Committee: ENVI
Amendment 1465 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3 a (new)
Member States shall take measures to prevent cover-up and shrub encroachment, forestation and depletion of extensively managed agricultural land, in particular extensive grassland in border yields and in mountain areas.
2023/01/26
Committee: ENVI
Amendment 1466 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3 b (new)
The non-fulfilment of the obligation set out in paragraph xx is justified if caused by: force majeure, including natural disasters; unavoidable habitat transformations, etc.
2023/01/26
Committee: ENVI
Amendment 1477 #

2022/0195(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Member States shall put in place the restoration measures necessary to enhance biodiversity of forest ecosystems, taking into account social and economic and requirements, the restoration measures in degraded forest ecosystems to enhance productivity, long-term resilience and biodiversity, in addition to the areas that are subject to restoration measures pursuant to Article 4(1), (2) and (3).
2023/01/26
Committee: ENVI
Amendment 1500 #
2023/01/26
Committee: ENVI
Amendment 1512 #
2023/01/26
Committee: ENVI
Amendment 1519 #

2022/0195(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point c
(c) share of forests with uneven-aged structurenumber of veteran trees at regional level;
2023/01/26
Committee: ENVI
Amendment 1526 #

2022/0195(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point d
(d) forest connectivitygrowing stock;
2023/01/26
Committee: ENVI
Amendment 1565 #

2022/0195(COD)

Proposal for a regulation
Article 10 – paragraph 2 a (new)
2a. Long term projected resilience
2023/01/26
Committee: ENVI
Amendment 1567 #

2022/0195(COD)

Proposal for a regulation
Article 10 – paragraph 2 b (new)
2b. The non-fulfilment of the obligation set out in paragraph 2 is justified if caused by: force majeure, including natural disasters; unavoidable habitat transformations, etc.
2023/01/26
Committee: ENVI
Amendment 1585 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Member States shall prepare national restoration plans and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10, taking into account the latest scientific evidence, practices and local conditions, cost-effective allocation and prioritisation of restoration measures, while involving relevant stakeholders, such as owners and managers at every stage of the process.
2023/01/26
Committee: ENVI
Amendment 1600 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 2 – introductory part
2. Member states shall quantify the area that needs to be restored to reach the restoration targets set out in Articles 4 and 5 taking into account the condition of the habitat types referred to in Articles 4(1), 4(2), 5(1) and 5(2) and, as required for the quality and quantity of the habitats of the species referred to in Article 4(3) and Article 5(3) that are present on their territory. The quantification shall be based, amongst others, on the following information:
2023/01/26
Committee: ENVI
Amendment 1604 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point a – point i
(i) (i) the total habitat area and a map of its current distribution, including outside of the Member State territory;
2023/01/26
Committee: ENVI
Amendment 1612 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
(iii) the favourable reference area taking into account the documented losses over at least the last 70 yearsf habitats surface since the Habitats Directive came into force and the projected changes to environmental conditions due to climate change;
2023/01/26
Committee: ENVI
Amendment 1625 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change, cost- effectiveness of resource use and existing land uses;
2023/01/26
Committee: ENVI
Amendment 1633 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate changes well the real available areas taking into account competing needs of habitats and species as well as existing land uses.
2023/01/26
Committee: ENVI
Amendment 1644 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9), local conditions, economic viability of agriculture and forestry, and subject to food security concerns. During the process, all relevant stakeholders such as landowners and land managers, shall be consulted.
2023/01/26
Committee: ENVI
Amendment 1664 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Member States shall identify and map the agricultural and forestvelop a methodology to identify and map areas in need of restoration, in particular those areas thatwhich, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversityfrastructure measures and settlement activity are in need of enhanced connectivity and landscape diversity. The type of restoration measures recommended in these areas, and how restrictions of use and property disadvantages are compensated, shall be determined in agreement with the landowner of the area concerned. The mapping and identification exercises should include an informed process for any landowners and land managers whose land is being identified.
2023/01/26
Committee: ENVI
Amendment 1678 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 5 – introductory part
5. Member States shall identify synergies with climate cfoster policy coherence for sustainable development and enhangce mitigation, climate change adaptation andpositive synergies and tackle trade offs with other policy areas, including disaster prevention, and prioritise restoration measures accordingly. Member States shall also take into account:
2023/01/26
Committee: ENVI
Amendment 1681 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 5 – point a
(a) their integrated national energy and climate plannational forest programmes, or equivalent, food strategies referred to in Article 3 of Regulation (EU) 2018/1999;
2023/01/26
Committee: ENVI
Amendment 1686 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. Member States shall coordinate the development of national restoration plans with the designation of the renewables go-to areas. During the preparation of the nature restoration plans, Member States shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001 remain unchanged.deleted
2023/01/26
Committee: ENVI
Amendment 1728 #
2023/01/26
Committee: ENVI
Amendment 1729 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 7 b (new)
7b. prior and informed consent principles as laid out in the Charter of Fundamental Rights.
2023/01/26
Committee: ENVI
Amendment 1740 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 9
9. Member States shall, when preparing the national restoration plans, aim at optimisbalancing the ecological, economic and social functions of ecosystems while fully respecting ownership rights, as well as their contribution to the sustainable development of the relevant regions and local communities.
2023/01/26
Committee: ENVI
Amendment 1760 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 11
11. Member States shall ensure that the preparation of the restoration plan is open, inclusive and effectivensure cooperation and active engagement of private land owners, in compliance with the principle of prior and informed consent and that the public is given early and effective opportunities to participate in its elaboration. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
2023/01/26
Committee: ENVI
Amendment 1768 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 11 a (new)
11a. Member States shall ensure that the preparation of the restoration plan is carried out in due consultation and cooperation with representatives of owners and managers. Member States shall ensure that the preparation of the restoration plan complies with the principle of prior and informed consent and that no area is considered for restorations actions without its owner having the opportunity to express its consent of opposition to the projects nor without the available financial means for adequate compensation.
2023/01/26
Committee: ENVI
Amendment 1788 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
(aa) Member States shall identify the areas whose natural conditions have been lost and thereby lost their production capacity, ability to produce important ecosystem services or ability to capture and store carbon dioxide. The need for restoration under Article 4 (X) shall be quantified.
2023/01/26
Committee: ENVI
Amendment 1789 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point a b (new)
(ab) Member States shall identify areas whose natural conditions have been lost and are suitable for restauration. In particular areas with the most potential to prevent and reduce the impact of natural disasters shall be identified. The need for restoration under Article 4 (X) shall be quantified.
2023/01/26
Committee: ENVI
Amendment 1831 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point j
(j) the estimated co-benefits for climate change mitigationsustainable development associated with the restoration measures over time, as well as wider socio-economic benefits of those measures;
2023/01/26
Committee: ENVI
Amendment 1861 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point n
(n) a summary of the process for preparing and establishing the national restoration plan, including information on public participation and of how the needs of those with a legitimate interest, local communities and stakeholders have been taken considered and how property rights have been respected;
2023/01/26
Committee: ENVI
Amendment 1865 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point o
(o) a dedicated section indicating how observations from the Commission on the draft national restoration plan referred to in Article 14(4) have been taken into account in accordance with Article 14(5). If the Member State concerned does not address an observation from the Commission or a substantial part thereof, that Member State shall provide its reasons.deleted
2023/01/26
Committee: ENVI
Amendment 1870 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point o a (new)
(oa) An explanation of how to ensure that the implementation of the restoration plans does not lead to a decrease of agricultural and forestry production within the Union or a shift to third countries and to ensure self-sufficiency with regional, high-quality food and biogenic raw materials;
2023/01/26
Committee: ENVI
Amendment 1875 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. Member States shall identify the areas whose natural conditions have been lost and thereby lost their production capacity, ability to produce important ecosystem services or ability to capture and store carbon dioxide. The need for restoration under Article 4 (X) shall be quantified. A supplementary impact assessment on the expected agricultural, horticulture, and food and forestry production sectors from the proposed measures concerning Article 4 to 10.
2023/01/26
Committee: ENVI
Amendment 1904 #

2022/0195(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features.
2023/01/26
Committee: ENVI
Amendment 1949 #

2022/0195(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Member States shall review their national restoration plan at least once every 10 years, in accordance with Articles 11 and 12, taking into account progress made in the implementation of the plans, the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate changetechniques and local conditions.
2023/01/26
Committee: ENVI
Amendment 1979 #

2022/0195(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. Member States shall ensure that members of the public, in accordance with national law, that have a sufficientlegitimate interest or, that maintain the impairment of a right, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities, regardless of the role members of the public have played during the process for preparing and establishing the national restoration plan.
2023/01/26
Committee: ENVI
Amendment 1985 #

2022/0195(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.deleted
2023/01/26
Committee: ENVI
Amendment 2044 #

2022/0195(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, theand lying deadwood, the share of forests with uneven-aged structure, the forest connectivitygrowing stock/ annual increment and the stock of organic carbon, shall be carried out at least every threfive years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
2023/01/26
Committee: ENVI
Amendment 2061 #

2022/0195(COD)

Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – introductory part
The Commission may adopt implementing actsMember States are required to:
2023/01/26
Committee: ENVI
Amendment 2076 #

2022/0195(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. Member States shall electronically report to the Commission the area subject to restoration measures referred to in Articles 4 to 10 and the barriers referred to in Article 7 that have been removed, on an annual basisbasis of three years according to reporting systems of Habitats and Birds Directive starting from [OP please insert the date = the date of entry into force of this Regulation].
2023/01/26
Committee: ENVI
Amendment 2102 #

2022/0195(COD)

Proposal for a regulation
Article 18 – paragraph 6
6. The Commission shall, as from 2029, report to the European Parliament and to the Council every threfive years on the implementation of this Regulation.
2023/01/26
Committee: ENVI
Amendment 2118 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex I in order to adapt the groups of habitat typesIf new scientific knowledge suggest the need for amending the annexes of this regulation the commission can adopt implementing acts to do this in accordance with the examination procedure referred to in Article 21(2).
2023/01/26
Committee: ENVI
Amendment 2123 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex II in order to adapt the list of habitat types and the groups of habitat types.
2023/01/26
Committee: ENVI
Amendment 2128 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex III in order to adapt the list of marine species referred to in Article 5 in accordance with the latest scientific evidence.
2023/01/26
Committee: ENVI
Amendment 2136 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex IV, in order to adapt the description, unit and methodology of indicators for agricultural ecosystems in accordance with the latest scientific evidence.
2023/01/26
Committee: ENVI
Amendment 2146 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex V in order to update the list of species used for the common farmland bird index in the Member States.
2023/01/26
Committee: ENVI
Amendment 308 #

2022/0155(COD)

Proposal for a regulation
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 interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those service as publicly available. As 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 gaming, image-sharing and video-hosting are equally at risk of misuse, they should also be covered by this Regulation. Online search engines and other artificial intelligence services should also be covered. 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 mannerand targeted manner. Considering the fundamental importance of the right to respect for private life and the right to protection of personal data, as guaranteed by the Charter of Fundamental Rights, nothing in this regulation should be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications.
2023/07/28
Committee: LIBE
Amendment 333 #

2022/0155(COD)

Proposal for a regulation
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take effective and 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 mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures2022/2065 may consider to which extent mitigation measures adopted to comply with that obligation. Mitigation measures necessary for the fulfilment of the obligations in this regulation may include the design of online interfaces or parts thereof with the highest level of privacy, safety and security for children by default, the adoapted to comply with that obligation, which may includeation of standards for protection of children, participation in codes of conduct for protecting children, targeted measures to protect the rights of the child, including age verification and-appropriate parental control tools, may also. Enabling flagging and/or notifying mechanisms and self-reporting functionalities, where possible with the use of AI, shall 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.
2023/07/28
Committee: LIBE
Amendment 353 #

2022/0155(COD)

Proposal for a regulation
Recital 20
(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficientthe provider refuses to cooperate by putting in place the mitigating measures aimed to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request, as a measure of last resort, the issuance of detection orders. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services. Such detection orders shall be issued with regards to the technical capacity of the provider, and shall in no way be intrepreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications.
2023/07/28
Committee: LIBE
Amendment 373 #

2022/0155(COD)

Proposal for a regulation
Recital 23
(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted and specifiedjustified, proportionate and related only to an identifiable part of the specific service, user or group of users, as well as targeted and limited in time so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.
2023/07/28
Committee: LIBE
Amendment 383 #

2022/0155(COD)

Proposal for a regulation
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use ofIn accordance with Article 6a, nothing in this regulation shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encryptied con technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of childrennt or communications through client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provides third party actors with access to the end-to-end encrypted content and communications. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.
2023/07/28
Committee: LIBE
Amendment 389 #

2022/0155(COD)

Proposal for a regulation
Recital 26 a (new)
(26a) End-to-end encryption is an essential tool to guarantee the security, privacy and confidentiality of the communications between users, including those of children. Any weakening of the end-to-end encryption's effect could potentially be abused by malicious third parties. Nothing in this Regulation should therefore be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communications shall be understood the processing of any data, that would compromise or put at risk the integrity and confidentiality of the aforementioned end-to-end encrypted content. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side-channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provide third party actors access to the end-to-end encrypted content and communications.
2023/07/28
Committee: LIBE
Amendment 651 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)
- functionalities enabling age- appropriate parental controls, including with the use of AI;
2023/07/28
Committee: LIBE
Amendment 653 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 b (new)
- functionalities enabling self- reporting, including with the use of AI;
2023/07/28
Committee: LIBE
Amendment 695 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 a (new)
2a. The provider, where applicable, shall assess, in a separate section of its risk assessment, the voluntary use of specific technologies for the processing of personal and other data to the extent strictly necessary to detect, to report and to remove online child sexual abuse material from its services. Such voluntary use of specific technologies shall under no circumstances undermine the integrity and confidentiality of end-to-end encrypted content and communcations.
2023/07/28
Committee: LIBE
Amendment 862 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children; or where:
2023/07/28
Committee: LIBE
Amendment 864 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b – point i (new)
i) the developer of the software application has decided and informed the software application store that its terms and conditions of use do not permit child users,
2023/07/28
Committee: LIBE
Amendment 865 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b – point ii (new)
ii) the software application has an appropriate age rating model in place, or
2023/07/28
Committee: LIBE
Amendment 866 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b – point iii (new)
iii) the developer of the software application has requested the software application store not to allow child users to download its software applications.
2023/07/28
Committee: LIBE
Amendment 875 #

2022/0155(COD)

Proposal for a regulation
Article 6 a (new)
Article6a End-to-end encrypted services Nothing in this Regulation shall be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communcations shall be understood the processing of any data that would compromise or put at risk the integrity and confidentiality of the content and communications in the end- to-end encryption. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communications services provides third party actors access to the end-to-end encrypted content.
2023/07/28
Committee: LIBE
Amendment 1017 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall, in accordance with Article 8 of Regulation (EU) 2022/2065, target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b),2 remain limited to what is strictly necessary, justifiable and proportionate to effectively address the significant risk referred to in point (a) thereof, and limit the detection order to an identifiable part or component of a service, such as a specific channel of communication or a specific group of users identified with particularity for which the significant risk has been identified. In accordance with Article 6a, no such detection order shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications.
2023/07/28
Committee: LIBE
Amendment 14 #

2022/0051(COD)

Proposal for a directive
The European Parliament rejects the Commission proposal.
2022/10/28
Committee: ITRE
Amendment 22 #

2022/0051(COD)

Proposal for a directive
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and value chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. __________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
2022/10/28
Committee: ITRE
Amendment 29 #

2022/0051(COD)

Proposal for a directive
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and valuesupply chains.
2022/10/28
Committee: ITRE
Amendment 35 #

2022/0051(COD)

Proposal for a directive
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
2022/10/28
Committee: ITRE
Amendment 38 #

2022/0051(COD)

Proposal for a directive
Recital 17
(17) Adverse human rights and environmental impact occur in companies’ own operations, subsidiaries, products, and in their value chains, in particular at the level of raw material sourcing, manufacturing, or at the level of product or waste disposal. In order for the due diligence to have a meaningful impact, it should cover human rights and environmental adverse impacts generated throughout the life-cycle of production and use and disposal of product or provision of services, at the level of own operations, subsidiaries and in valuesupply chains.
2022/10/28
Committee: ITRE
Amendment 43 #

2022/0051(COD)

Proposal for a directive
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
2022/10/28
Committee: ITRE
Amendment 46 #

2022/0051(COD)

Proposal for a directive
Recital 19
(19) As regards regulated financial undertakings providing loan, credit, or other financial services, “valuesupply chain” with respect to the provision of such services should be limited to the activities of the clients receiving such services, and the subsidiaries thereof whose activities are linked to the contract in question. Clients that are households and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings, should not be considered to be part of the valuesupply chain. The activities of the companies or other legal entities that are included in the value supply chain of that client should not be covered.
2022/10/28
Committee: ITRE
Amendment 49 #

2022/0051(COD)

Proposal for a directive
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their valuesupply chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
2022/10/28
Committee: ITRE
Amendment 54 #

2022/0051(COD)

Proposal for a directive
Recital 21
(21) Under this Directive, EU companies with more than 500 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligencea simplified due diligence reporting obligation should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. __________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
2022/10/28
Committee: ITRE
Amendment 61 #

2022/0051(COD)

Proposal for a directive
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and valuesupply chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 150 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million but less than EUR 150 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
2022/10/28
Committee: ITRE
Amendment 72 #

2022/0051(COD)

Proposal for a directive
Recital 27
(27) In order to conduct appropriate human rights, and environmental due diligence with respect to their operations, their subsidiaries, and their valuesupply chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environmental impacts, establish and maintain a complaints procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
2022/10/28
Committee: ITRE
Amendment 78 #

2022/0051(COD)

Proposal for a directive
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in valuesupply chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstances.
2022/10/28
Committee: ITRE
Amendment 83 #

2022/0051(COD)

Proposal for a directive
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
2022/10/28
Committee: ITRE
Amendment 87 #

2022/0051(COD)

Proposal for a directive
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
2022/10/28
Committee: ITRE
Amendment 91 #

2022/0051(COD)

Proposal for a directive
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
2022/10/28
Committee: ITRE
Amendment 93 #

2022/0051(COD)

Proposal for a directive
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s valuesupply chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs, which are exempted from such due diligence or potential contractual fines with their larger business partners in this context, with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end.
2022/10/28
Committee: ITRE
Amendment 99 #

2022/0051(COD)

Proposal for a directive
Recital 41
(41) In order to ensure that bringing actual adverse impacts to an end or minimising them is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting at bringing actual adverse impacts to an end or minimising them without success. However, this Directive should also, for cases where actual adverse impacts could not be brought to an end or adequately mitigated by the described measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent of the adverse impact, or terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws.
2022/10/28
Committee: ITRE
Amendment 101 #

2022/0051(COD)

Proposal for a directive
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the valuesupply chain concerned and civil society organisations active in the areas related to the valuesupply chain concerned where they have knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
2022/10/28
Committee: ITRE
Amendment 104 #

2022/0051(COD)

Proposal for a directive
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
2022/10/28
Committee: ITRE
Amendment 107 #

2022/0051(COD)

Proposal for a directive
Recital 45
(45) In order to facilitate companies’ compliance with their due diligence requirements through their valuesupply chain and limiting shifting compliance burden on SME business partners, the Commission should provide guidance on model contractual clauses.
2022/10/28
Committee: ITRE
Amendment 111 #

2022/0051(COD)

Proposal for a directive
Recital 47
(47) Although SMEs are not included in the scope of this Directive, they could be impacted by its provisions as contractors or subcontractors to the companies which are in the scope and are explicitly exempted from conducting such due diligence as well as in this context from contractual fines with their larger business partners. The aim is nevertheless to mitigate financial or administrative burden on SMEs, many of which are already struggling in the context of the global economic and sanitary crisis. In order to support SMEs, Member States should set up and operate, either individually or jointly, dedicated websites, portals or platforms, and Member States could also financially support SMEs and help them build capacity. Such support should also be made accessible, and where necessary adapted and extended to upstream economic operators in third countries. Companies whose business partner is an SME, are also encouraged to support them to comply with due diligence measures, in case such requirements would jeopardize the viability of the SME and use fair, reasonable, non-discriminatory and proportionate requirements vis-a-vis the SMEs.
2022/10/28
Committee: ITRE
Amendment 114 #

2022/0051(COD)

Proposal for a directive
Recital 48
(48) In order to complement Member State support to SMEs, the Commission may build on existing EU tools, projects and other actions helping with the due diligence implementation in the EU and in third countries. It may set up new support measures that provide help to companies, including SMEs on due diligence requirements, including an observatory for valuesupply chain transparency and the facilitation of joint stakeholder initiatives.
2022/10/28
Committee: ITRE
Amendment 125 #

2022/0051(COD)

Proposal for a directive
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
2022/10/28
Committee: ITRE
Amendment 129 #

2022/0051(COD)

Proposal for a directive
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
2022/10/28
Committee: ITRE
Amendment 143 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the valuesupply chain operations carried out by entities with whom the company has an established business relationship and
2022/10/28
Committee: ITRE
Amendment 151 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 12 monthevery three years.
2022/10/28
Committee: ITRE
Amendment 167 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
(b) a simplified due diligence reporting obligation applies to the company that did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated, in one or more of the following sectors:
2022/10/28
Committee: ITRE
Amendment 254 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
2022/10/28
Committee: ITRE
Amendment 263 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
2022/10/28
Committee: ITRE
Amendment 265 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point h
(h) ‘independent third-party verification’ means verification of the compliance by a company, or parts of its valuesupply chain, with human rights and environmental requirements resulting from the provisions of this Directive by an auditor which is independent from the company, free from any conflicts of interests, has experience and competence in environmental and human rights matters and is accountable for the quality and reliability of the audit;
2022/10/28
Committee: ITRE
Amendment 300 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Member States shall ensurpromote that the companies update their due diligence policy annuallyt least all three years.
2022/10/28
Committee: ITRE
Amendment 309 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
2022/10/28
Committee: ITRE
Amendment 352 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s valuesupply chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply;
2022/10/28
Committee: ITRE
Amendment 356 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME, while SMEs are explicitly exempted from conducting such due diligence as well as in this context from potential contractual fines with their larger business partners, with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
2022/10/28
Committee: ITRE
Amendment 380 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the valuesupply chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take the following actions:
2022/10/28
Committee: ITRE
Amendment 398 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the valuesupply chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.
2022/10/28
Committee: ITRE
Amendment 432 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their valuesupply chains.
2022/10/28
Committee: ITRE
Amendment 439 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the valuesupply chain concerned,
2022/10/28
Committee: ITRE
Amendment 442 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the valuesupply chain concerned.
2022/10/28
Committee: ITRE
Amendment 452 #

2022/0051(COD)

Proposal for a directive
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
2022/10/28
Committee: ITRE
Amendment 468 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 1
1. Member States shall, in order to provide information and support to companies and the partners with whom they have established business relationships in their valuesupply chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs that are present in the valuesupply chains of companies.
2022/10/28
Committee: ITRE
Amendment 481 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impact of, the company’s operations.
2022/10/28
Committee: ITRE
Amendment 485 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 2
2. Member States shall ensure that, in case climate change is or should have been identified as a principal risk for, or a principal impact of, the company’s operations, the company includes emission reduction objectives in its plan.deleted
2022/10/28
Committee: ITRE
Amendment 487 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Member States shall ensure that companies duly take into account the fulfilment of the obligations referred to in paragraphs 1 and 2 when setting variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.deleted
2022/10/28
Committee: ITRE
Amendment 491 #

2022/0051(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Each Member State shall designate one or more supervisory authorities to supervise compliance with the obligations laid down in national provisions adopted pursuant to Articles 6 to 11 and Article 15(1) and (2) (‘supervisory authority’). Furthermore, supervisory authorities should ensure coordination to avoid a multiplication of request and information from a same company, thereby avoiding the need of a single supra-national supervisory authority.
2022/10/28
Committee: ITRE
Amendment 506 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of the company’s efforts to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, cumulative effects of the different measures and sanctions already imposed on the company as well as collaboration with other entities to address adverse impacts in its valuesupply chains, as the case may be.
2022/10/28
Committee: ITRE
Amendment 510 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 3
3. When pecuniary sanctions are imposed, they shall be based on the company’s turnoverseverity of infringement.
2022/10/28
Committee: ITRE
Amendment 514 #

2022/0051(COD)

Proposal for a directive
Article 22
1. Member States shall ensure that companies are liable for damages if: (a) obligations laid down in Articles 7 and 8 and; (b) adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damage. 2. Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances ofArticle 22 deleted Civil liability they failed to comply with the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impact. In the assessment of the existence and extent of liability under this paragraph, due account shall be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, as well as any collaboration with other entities to address adverse impacts in its value chains. 3. damages arising under this provision shall be without prejudice to the civil liability of its subsidiaries or of any direct and indirect business partners in the value chain. 4. Directive shall be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive. 5. the liability provided for in provisions of national law transposing this Article is of overriding mandatory application in cases where the law applicable to claims to that effect is not the law of a Member State. a result of this failure an Notwithstanding paragraph 1, The civil liability of a company for The civil liability rules under this Member States shall ensure that
2022/10/28
Committee: ITRE
Amendment 546 #

2022/0051(COD)

Proposal for a directive
Article 25 – paragraph 1
1. Member States shall ensure that, when fulfilling their duty to act in the best interest of the company, directors of companies referred to in Article 2(1) also take into account the consequences of their decisions for sustainability matters, including, where applicable, human rights, climate change and environmental consequences, including in the short, medium and long term.
2022/10/28
Committee: ITRE
Amendment 547 #

2022/0051(COD)

Proposal for a directive
Article 25 – paragraph 2
2. Member States shall ensure that their laws, regulations and administrative provisions providing for a breach of directors’ duties apply also to the provisions of this Article.deleted
2022/10/28
Committee: ITRE
Amendment 552 #

2022/0051(COD)

Proposal for a directive
Article 26 – paragraph 1
1. Member States shall ensure that directors of companies referred to in Article 2(1) are responsible for putting in place and overseeing the due diligence actions referred to in Article 4 and in particular the due diligence policy referred to in Article 5, with due consideration for relevant input from stakeholders and civil society organisations. The directors shall report to the board of directors in that respect.
2022/10/28
Committee: ITRE
Amendment 553 #

2022/0051(COD)

Proposal for a directive
Article 26 – paragraph 2
2. Member States shall ensure that directors take steps to adapt the corporate strategy to take into account the actual and potential adverse impacts identified pursuant to Article 6 and any measures taken pursuant to Articles 7 to 9.deleted
2022/10/28
Committee: ITRE
Amendment 575 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – point 21
21. Violation of a prohibition or right not covered by points 1 to 20 above but included in the human rights agreements listed in Section 2 of this Part, which directly impairs a legal interest protected in those agreements, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the obligations referred to in Article 4 of this Directive taking into account all relevant circumstances of their operations, such as the sector and operational context.deleted
2022/10/28
Committee: ITRE
Amendment 23 #

2022/0033(NLE)

Proposal for a regulation
Recital 2
(2) The Key Digital Technologies Joint Undertaking addresses clearly defined topics that enable European industries at large to design, manufacture and use and research the most innovative technologies in electronic components and systems.
2022/11/21
Committee: ITRE
Amendment 24 #

2022/0033(NLE)

Proposal for a regulation
Recital 3
(3) Regulation (EU) […]23 establishes a framework for increasing the Union’s resilience in the field of semiconductor technologies, stimulating investment, strengthening the capabilities of the European semiconductor supply chain, while keeping in mind that the market is growing in cycles of oversupply and shortages, and increasing cooperation among the Member States and the Commission. To create the conditions necessary to strengthen the Union’s industrial innovation capacity, the Chips for Europe Initiative (the ‘Initiative’) is established. In order to ensure a consistent implementation of the Initiative, the European Semiconductor Board and stakeholders should provide advice to the Public Authorities Board. _________________ 23 OJ L …, p…
2022/11/21
Committee: ITRE
Amendment 31 #

2022/0033(NLE)

(5) The Initiative aims to reinforce the competitiveness and resilience, which is best achieved by investing in R&D&I as well as diversification, of the semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor ecosystem, reducing dependence on a limited number of third country companies and geographies, and strengthening its capacity to design and produce advanced components. These aims should be supported by bridging the gap between the Union’s advanced research and innovation capabilities and their industrial exploitation. It should promote capacity building to enable design, production and systems integration in next-generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe’s semiconductor supply and value chains, serving key industrial sectors, and creating new markets. The Commission should monitor the delivered value and progress of the aims of the Initiative in accordance with measurable indicators;
2022/11/21
Committee: ITRE
Amendment 39 #

2022/0033(NLE)

Proposal for a regulation
Recital 5 a (new)
(5 a) Given the lack of the impact assessment accompanying the Commission proposal and proposed untested method of subsidizing production, the Commission should regularly and carefully publish and deliver relevant information and assessments of the impact of this Initiative on internal market, competitiveness, and the Union and national budgets.
2022/11/21
Committee: ITRE
Amendment 41 #

2022/0033(NLE)

Proposal for a regulation
Recital 5 b (new)
(5 b) Public institutions have a responsibility towards citizens to exercise care in their use of public spending in all areas, including the Chips for Europe Initiative. Maximising the effectiveness and efficiency of expenditure secures the greatest value from spending decisions and helps to avoid waste and errors. It is therefore necessary to enhance the principles of good financial governance and to plan, publish and monitor the spending on this Initiative.
2022/11/21
Committee: ITRE
Amendment 42 #

2022/0033(NLE)

Proposal for a regulation
Recital 5 c (new)
(5 c) In order to prevent the disruption in market competitiveness, the Commission should analyse the long-term effects of the subsidies granted in relation to this Regulation on innovations as subsidies and other forms of support can encourage complacency at recipient firms, therefore acting against technological upgrading in the semiconductor industry.
2022/11/21
Committee: ITRE
Amendment 44 #

2022/0033(NLE)

Proposal for a regulation
Recital 6
(6) The Initiative should be implemented through actions that should build upon the strong knowledge base acquired by the Key Digital Technologies Joint Undertaking. The Key Digital Technologies Joint Undertaking should be tasked with providing financial support, through any instrument or procedure provided for in Horizon Europe or the Digital Europe Programme, to actions funded under the Initiative. Furthermore, the Key Digital Technologies Joint Undertaking should be renamed to Chips Joint Undertaking. Throughout the lifetime of the Chips Joint Undertaking, at least EUR 2.5 billion should be dedicated to pilot lines, design infrastructures, competence centres, and other capacity building and R&D&I activities.
2022/11/21
Committee: ITRE
Amendment 56 #

2021/0380(COD)

Proposal for a regulation
Recital 11 – indent 3
— Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories25 ; _________________ 25 Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).deleted
2022/11/11
Committee: ECON
Amendment 57 #

2021/0380(COD)

Proposal for a regulation
Recital 11 – indent 7
— Regulation (EU) No 537/2014 on specific requirements regarding statutory audit of public-interest entities29 ; _________________ 29 Regulation (EU) No 537/2014 of the European Parliament and of the Council of 16 April 2014 on specific requirements regarding statutory audit of public- interest entities and repealing Commission Decision 2005/909/EC (OJ L 158, 27.5.2014, p. 77).deleted
2022/11/11
Committee: ECON
Amendment 59 #

2021/0380(COD)

Proposal for a regulation
Recital 11 – indent 20
— Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment42 ; _________________ 42 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).deleted
2022/11/11
Committee: ECON
Amendment 61 #

2021/0380(COD)

Proposal for a regulation
Recital 11 – indent 21
— Regulation (EU) 2021/23 on a framework for the recovery and resolution of central counterparties43 , _________________ 43 Regulation (EU) 2021/23 of the European Parliament and of the Council of 16 December 2020 on a framework for the recovery and resolution of central counterparties and amending Regulations (EU) No 1095/2010, (EU) No 648/2012, (EU) No 600/2014, (EU) No 806/2014 and (EU) 2015/2365 and Directives 2002/47/EC, 2004/25/EC, 2007/36/EC, 2014/59/EU and (EU) 2017/1132 (OJ L 22, 22.1.2021, p. 1).deleted
2022/11/11
Committee: ECON
Amendment 71 #

2021/0380(COD)

Proposal for a regulation
Article 3
Regulation (EU) No 648/2012
Article 38a
[...]deleted
2022/11/11
Committee: ECON
Amendment 78 #

2021/0380(COD)

Proposal for a regulation
Article 7
Regulation (EU) No 537/2014
Article 13a
[...]deleted
2022/11/11
Committee: ECON
Amendment 83 #

2021/0380(COD)

Proposal for a regulation
Article 10 – paragraph 1
Regulation (EU) No 909/2014
Article 74a – paragraph –1 (new)
-1. In order to support the provision of accurate, timely and complete information on penalties under Article 7 of Regulation (EU) No 909/2014, all information necessary for the calculation of cash penalty amounts under the Settlement Discipline Regime shall be centralised in the ESAP.
2022/11/11
Committee: ECON
Amendment 84 #

2021/0380(COD)

Proposal for a regulation
Article 10 – paragraph 1
Regulation (EU) No 909/2014
Article 74a – paragraph 1 – subparagraph 1
1. From 1 January 20267, when making public any information pursuant to Article 7(1), Article 7(9), Article 26(4), Article 27(4), Article 27(7), Article 28(2), Article 33(1), Article 33(2), Article 34(1), Article 38(6), Article 39(3), Article 41(2), Article 54(3), point (e), Article 54(4), point (f) and Article 59(4), point (j) of this Regulation, the CSD4) of this Regulation, the reporting entities shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council*.
2022/11/11
Committee: ECON
Amendment 86 #

2021/0380(COD)

Proposal for a regulation
Article 10 – paragraph 1
Regulation (EU) No 909/2014
Article 74a – paragraph 1 – subparagraph 2
That information shall comply with all of the following requirements: (a) the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where relevant, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**; (b) the information shall be accompanied by the following metadata: (i) all the names of the CSD submitting the information; (ii) the legal entity identifier of the CSD as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX[ESAP Regulation]; (iii) the size of the CSD by category as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; (iv) the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; (v) the specific period for which the information is to be made publicly available on ESAP, where relevant. (c) the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.deleted
2022/11/11
Committee: ECON
Amendment 87 #

2021/0380(COD)

Proposal for a regulation
Article 10 – paragraph 1
Regulation (EU) No 909/2014
Article 74a – paragraph 2
2. For the purposes of paragraph 1, point (b)(ii), the CSD shall acquire a legal entity identifier as specified under Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].deleted
2022/11/11
Committee: ECON
Amendment 88 #

2021/0380(COD)

Proposal for a regulation
Article 10 – paragraph 1
Regulation (EU) No 909/2014
Article 74a – paragraph 3 – subparagraph 2
From 1 January 2026, for the purposes of making accessible on ESAP the information referred to in Article 12(2) and Article 62, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the name and, where available, the legal entity identifier of the CSD as specified under Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
2022/11/11
Committee: ECON
Amendment 90 #

2021/0380(COD)

Proposal for a regulation
Article 10 – paragraph 1
Regulation (EU) No 909/2014
Article 74a – paragraph 4 – subparagraph 1 – introductory part
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), ESMA shall develop draft implementing technical standards to specify:
2022/11/11
Committee: ECON
Amendment 91 #

2021/0380(COD)

Proposal for a regulation
Article 10 – paragraph 1
Regulation (EU) No 909/2014
Article 74a – paragraph 4 – subparagraph 1 – point –a (new)
(-a) the list of financial instruments that fall within the scope of this Regulation and category of each such instrument.
2022/11/11
Committee: ECON
Amendment 92 #

2021/0380(COD)

Proposal for a regulation
Article 10 – paragraph 1
Regulation (EU) No 909/2014
Article 74a – paragraph 4 – subparagraph 1 – point a
(a) the metadata to be included in the information;deleted
2022/11/11
Committee: ECON
Amendment 93 #

2021/0380(COD)

Proposal for a regulation
Article 10 – paragraph 1
Regulation (EU) No 909/2014
Article 74a – paragraph 4 – subparagraph 1 – point b
(b) the structuring of data in the information;deleted
2022/11/11
Committee: ECON
Amendment 94 #

2021/0380(COD)

Proposal for a regulation
Article 10 – paragraph 1
Regulation (EU) No 909/2014
Article 74a – paragraph 4 – subparagraph 1 – point c
(c) for which information a machine- readable format is required and which machine-readable format is to be usdeleted.
2022/11/11
Committee: ECON
Amendment 109 #

2021/0380(COD)

Proposal for a regulation
Article 15 – paragraph 1
Regulation (EU) 2017/1129
Article 21a – paragraph 3 – subparagraph 2
From 1 January 20245, for the purposes of making accessible on ESAP the information referred to in Articles 25(1), Article 25(4), and Article 26(2), the collection body defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMAthe national competent authority. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the issuer or, where applicable, the offeror as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
2022/11/11
Committee: ECON
Amendment 116 #

2021/0380(COD)

Proposal for a regulation
Article 19 – paragraph 1
Regulation (EU) 2019/2088
Article 18a – paragraph 1 – subparagraph 1
1. From 1 January 20256, when making public any information pursuant to Article 3(1), Article 3(2), Article 4(1), Article 4(3), Article 4(4), Article 4(5), Article 5(1) and Article 10(1) of this Regulation, financial market participants, with an exception for the institutions for occupational retirement provision referred in article 2(1)c of this Regulation, and financial advisers shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council*.
2022/11/11
Committee: ECON
Amendment 117 #

2021/0380(COD)

Proposal for a regulation
Article 20
Regulation (EU) 2020/852
Article 8a
[...]deleted
2022/11/11
Committee: ECON
Amendment 120 #

2021/0380(COD)

Proposal for a regulation
Article 21
Regulation (EU) 2021/23
Article 95a
[...]deleted
2022/11/11
Committee: ECON
Amendment 57 #

2021/0379(COD)

Proposal for a directive
Recital 11 – indent 4
— Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts26 ; _________________ 26 Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, 9.6.2006, p. 87).deleted
2022/11/11
Committee: ECON
Amendment 58 #

2021/0379(COD)

Proposal for a directive
Recital 11 – indent 9
— Directive 2013/34/EU on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings31 ; _________________ 31 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).deleted
2022/11/11
Committee: ECON
Amendment 60 #

2021/0379(COD)

Proposal for a directive
Recital 11 – indent 11
— Directive 2014/59/EU establishing a framework for the recovery and resolution of credit institutions and investment firms33 ; _________________ 33 Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190).deleted
2022/11/11
Committee: ECON
Amendment 61 #

2021/0379(COD)

Proposal for a directive
Recital 11 – indent 13
— Directive (EU) 2016/97 on insurance distribution35 ; _________________ 35 Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19).deleted
2022/11/11
Committee: ECON
Amendment 62 #

2021/0379(COD)

Proposal for a directive
Recital 11 – indent 14
— Directive (EU) 2016/2341 on the activities and supervision of institutions for occupational retirement provision (IORPs)36 ; _________________ 36 Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) (OJ L 354, 23.12.2016, p. 37).deleted
2022/11/11
Committee: ECON
Amendment 63 #

2021/0379(COD)

Proposal for a directive
Recital 11 – indent 15
— Directive (EU) 2019/2034 on the prudential supervision of investment firms37 ; _________________ 37 Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (OJ L 314, 5.12.2019, p. 64).deleted
2022/11/11
Committee: ECON
Amendment 71 #

2021/0379(COD)

Proposal for a directive
Article 2 – paragraph 1
Directive 2004/25/EC
Article 16a – paragraph 1 – subparagraph 1
1. From 1 January 20256, Member States shall ensure that, when making public an information pursuant to Article 4(2), point (c), Article 5(4), Article 6(1), Article 6(2) and Article 9(5) of this Directive, companies submit at the same time that information to the relevant collection body referred to in paragraph 3 of this Article for accessibility on ESAP established under Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council*.
2022/11/11
Committee: ECON
Amendment 75 #

2021/0379(COD)

Proposal for a directive
Article 4
Directive 2006/43/EC
Article 20a
Amendment to Directive 2006/43/EC In Directive 2006/43/EC, the following Article 20a is inserted: ‘Article 20a Accessibility of information on the European Single Access Point (ESAP) 1. From 1 January 2026, Member States shall ensure that, when making public on ESAP the information pursuant to Article 15 and Article 30c of this Directive, the statutory auditor or audit firm submits at the same time that information to the collection body referred to in paragraph 2 of this Article for accessibility on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*. 2. From 1 January 2026, for the purposes of making accessible on ESAP the information referred to in paragraph 1, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the national competent authority in charge of the public register. The information shall be published in a data extractable format as defined in Article 2, point (3), of the Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the statutory auditor or audit firm, as specified pursuant to Article 7(4) of that Regulation, and include the type of information, as classified pursuant to Article 7(4) of that Regulation. _______________ * Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).rticle 4 deleted
2022/11/11
Committee: ECON
Amendment 80 #

2021/0379(COD)

Proposal for a directive
Article 6 – paragraph 1
Directive 2009/65/EC
Article 82a – paragraph 1 – subparagraph 1
1. From 1 January 20267, Member States shall ensure that, when making public any information pursuant to Article 68(1), Article 76, Article 78(1) of this Directive, UCITS submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article on for accessibility on ESAP established under Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council*.
2022/11/11
Committee: ECON
Amendment 81 #

2021/0379(COD)

Proposal for a directive
Article 6 – paragraph 1
Directive 2009/65/EC
Article 82a – paragraph 3 – subparagraph 2
From 1 January 20267, for the purposes of making accessible on ESAP the information referred to in Article 6(1), the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMAthe national competent authority. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the UCITS, as specified pursuant to Article 7(4) of that Regulation, and include the type of information as classified pursuant to Article 7(4) of that Regulation.
2022/11/11
Committee: ECON
Amendment 92 #

2021/0379(COD)

Proposal for a directive
Article 9
Directive 2013/34/EU
Article 33a
[...]deleted
2022/11/11
Committee: ECON
Amendment 98 #

2021/0379(COD)

Proposal for a directive
Article 11
Directive 2014/59/EU
Article 128a
[...]deleted
2022/11/11
Committee: ECON
Amendment 108 #

2021/0379(COD)

Proposal for a directive
Article 13
Directive (EU) 2016/97
Article 40a
Amendment to Directive (EU) 2016/97 In Directive (EU) 2016/97, the following article 40a is inserted: ‘Article 40a Accessibility of information on the European Single Access Point (ESAP) From 1 January 2026, for the purposes of making accessible on ESAP the information referred to in Article 32(1) and Article 32(2) of this Directive, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the competent authority. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the name and - where available - the legal entity identifier of the entity as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation. _______________ * Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).rticle 13 deleted
2022/11/11
Committee: ECON
Amendment 110 #

2021/0379(COD)

Proposal for a directive
Article 14
Directive (EU) 2016/2341
Article 63a
[...]deleted
2022/11/11
Committee: ECON
Amendment 115 #

2021/0379(COD)

Proposal for a directive
Article 15
Directive (EU) 2019/2034
Article 44a
[...]deleted
2022/11/11
Committee: ECON
Amendment 79 #

2021/0378(COD)

Proposal for a regulation
Recital 4
(4) The information to be made publicly accessible on ESAP should be collected by collection bodies designated for the purpose of collecting the information that the entities are under an obligation to make public. In order to ensure the efficient functioning of ESAP, the collection bodies should make the information available to ESAP in automated ways through a single application programming interface. For the information to be digitally usable, entities should make such information available in a data extractable format or, where required by Union law, in a machine- readable format. Compared to data extractable formats, machine-readable formats are file formats structured so that software applications can easily identify, recognise and extract specific data, including individual statements of fact, and their internal structure. Draft implementing technical standards should be drawn up by the European Supervisory Authorities and, when relevant, through the Joint Committee of the European Supervisory Authorities for submission to the Commission, specifying the characteristics of machine readable and data extractable formats and accounting for any evolving technology trends or standards. To ensure that entities submit the information in the correct format and to address possible technical issues encountered by the entities, the collection bodies should provide assistance to those entities.
2022/11/11
Committee: ECON
Amendment 83 #

2021/0378(COD)

Proposal for a regulation
Recital 5
(5) Apart from the information in relation to financial services, capital markets and sustainability that has to be made public under Union law, investors, market participants, advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. Small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. Also, market participants may want to provide more information than that required by law or to make public the information required by national law but not available at Union level in order to complement the information provided to the public at the Union level. Any entity governed by the law of a Member State should therefore be allowed to make financial, sustainability- related and other relevant information accessible on ESAP. Pursuant to the principle of data minimisation, entities should ensure that no personal data are included, except where those data constitute a necessary element of the information about their economic activities, including when the name of the entity coincides with the name of the owner. Where such information contains personal data, the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council26 . _________________ 26 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).
2022/11/11
Committee: ECON
Amendment 87 #

2021/0378(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) Entities submitting information to the collection bodies remain liable for the accuracy and completeness of such information and metadata. Pursuant to the principles of data minimisation and protection, entities should ensure that no personal data are included, except where those data constitute a necessary element of the information about their economic activities, including when the name of the entity coincides with the name of the owner. Where the information submitted contains personal data, entities should ensure that they can rely for the disclosure thereof on one of the lawful grounds of processing laid down in Article 6 of Regulation(EU) 2016/679 of the European Parliament and of the Council1a. _________________ 1a 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).
2022/11/11
Committee: ECON
Amendment 96 #

2021/0378(COD)

Proposal for a regulation
Recital 10
(10) Re-using information that is available on ESAP can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. It is therefore necessary, where justified on grounds of a public interest objective, to allow re-use of the information that is available on ESAP for purposes other than the purposes for which the information was drawn up. However, the use and re-use of that information should be subject to objective, proportionate and non-discriminatory conditions. For that purpose, conditions corresponding to those laid down in open, standard licences within the meaning of Directive (EU) 2019/1024 of the European Parliament and of the Council27 should apply. The licensing terms of those standard licences should allow for data and content to be freely accessible, used, modified and shared by anyone for any purpose. ESMANeither ESMA nor the collection bodies should bear noany form of liability for the use and re-use of information accessible on ESAP. The submission of information by the collection bodies should either not be subject to conditions or be subject to an open standard licence enabling the licensing terms applying for information accessible in the ESAP. _________________ 27 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
2022/11/11
Committee: ECON
Amendment 98 #

2021/0378(COD)

Proposal for a regulation
Recital 11
(11) The information available on ESAP should be accessible to the public in a timely manner. In that regard, the time between collecting the information and making it accessible to the public should be reasonable and, in any event, as short as technically possible. In order to ensure a uniform quality of information, the collection bodies should perform automated validations and reject invalid information. The validity of the information should be assessed on the basis of its compliance with the requirements of this Regulation and any accompanying amendments to sectoral legislation. In assessing the validity of the information, collection bodies should maintain discretion in rejecting information that falls outside the scope of ESAP and in any case if that information includes manifestly inappropriate or abusive content.
2022/11/11
Committee: ECON
Amendment 124 #

2021/0378(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) other information of relevance to financial services provided in the Union or to capital markets of the Union or concerning sustainability that any entitiesy governed by the law of a Member State wishes to make accessible on ESAP on a voluntary basis about their economic activities in accordance with Article 3(1) and pursuant to the material reporting requirements listed in the Omnibus Act .
2022/11/11
Committee: ECON
Amendment 131 #

2021/0378(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. Any natural or legal person may submit to a collection body the information referred to in Article 1(1), point (b) to make that information accessible on ESAP. When submitting that informationre the substance and format of that information does not have the same value and reliability as the information referred to in Article 1(1), point (a), users shall be informed thereof by means of a clear disclaimer. When submitting the information referred to in Article 1(1), point (b) , the natural or legal person shall:
2022/11/11
Committee: ECON
Amendment 156 #

2021/0378(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(a a) store the information submitted by the entities or, where relevant, generated by the collection bodies themselves;
2022/11/11
Committee: ECON
Amendment 158 #

2021/0378(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b – point i a (new)
(i a) the information contains the appropriate level of authenticity as specified in the implementing technical standard referred to in Article 5(6), availability, integrity and proof of origin;
2022/11/11
Committee: ECON
Amendment 172 #

2021/0378(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. Entities shall ensure the accuracyand shall be liable for the accuracy and completeness of the information that they submit to the collection bodies, as well as for the accompanying metadata.
2022/11/11
Committee: ECON
Amendment 192 #

2021/0378(COD)

Proposal for a regulation
Article 8 – paragraph 2 – introductory part
2. ESMA shall ensure that anyone has direct and immediate access free of charge to the information made available on ESAP.
2022/11/11
Committee: ECON
Amendment 223 #

2021/0378(COD)

Proposal for a regulation
Article 13 – paragraph 1
By [PO, please insert a date 5 years after the entry into force of this Regulation], the Commission shall review the functioning of ESAP and assess its effectiveness. The Commission shall report to the European Parliament and to the Council on the results of this review. The progressive inclusion of information on ESAP shall be conditioned upon a prior and positive evaluation of an initial phase.
2022/11/11
Committee: ECON
Amendment 98 #

2016/0062R(NLE)

E. whereas gender-based violence against women may take the form of offences such as sexual violence, including rape, female genital mutilation, trafficking in women for the purposes of sexual exploitation, sexual harassment, honour violence, honour crimes’ and, forced marriages, femicide, stalking and various forms of cyberviolence;
2022/12/08
Committee: LIBEFEMM
Amendment 157 #

2016/0062R(NLE)

Motion for a resolution
Recital M
M. whereas all Member States have signed the Istanbul Convention, but only 21 have ratified it; whereas the EU’s accession to the Convention does not exempt Member States from national ratification; whereas it is up to each Member State to decide whether they wish to ratify the Convention;
2022/12/08
Committee: LIBEFEMM
Amendment 227 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 8
8. Calls for a constructive dialogue with the Council and Member States in cooperation with the Council of Europe to address Member States’ reservations, objections and concerns and clarify misleading interpretations ofbout the Istanbul Convention in order to make progress in this area;
2022/12/08
Committee: LIBEFEMM
Amendment 238 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 10
10. Points out that while all Member States have already signed the Istanbul Convention, six have not ratified it yet; underlines that the EU’s accession to the Istanbul Convention does not exempt Member States from national ratification and thus strongly encourages the remainingnotes that it is up to each Member States that have not already done soo decide whether they wish to ratify the Convention without delay;
2022/12/08
Committee: LIBEFEMM
Amendment 249 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 11
11. Notes with concern the growingthe opposition towards the Istanbul Convention in some Member States and the attempts to disparage the Convention andnotes that it its positive impact on the eradication of gender-based violence; condemns all attempts to spread disinformation aboutup to each Member State to decide whether they wish to ratify the Istanbul Convention;
2022/12/08
Committee: LIBEFEMM