BETA

224 Amendments of Johan NISSINEN

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 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 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