2566 Amendments of Marco CAMPOMENOSI
Amendment 3 #
2024/0028(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) The Commission should ensure that imported products from Ukraine comply with EU standards, especially in the context of the war that could affect the quality of products in terms of toxic traces.
Amendment 5 #
2024/0028(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Subject to an assessment by the Commission carried out in the context of the regular monitoring of the impact of this Regulation and launched either following a duly substantiated request from a Member State or on the Commission’s own initiative, it is necessary to provide for the possibility to take any necessary measures for imports of any products falling under the scope of this Regulation which are adversely affecting the Union market or the market of one or several Member States for like or directly competing products. There is a particularly precarious situation in the markets for wheat, barley, grains, oats, maize, seed oils, honey, poultry, eggs, and sugar that may harm Union agricultural producers if imports from Ukraine were to increase. It is appropriate to introduce an automatic safeguard for all agricultural products, in particular for wheat, barley, grain, oats, maize, seed oils, honey, eggs, poultry, and sugar products that is activated if quantities imported pursuant to this Regulation exceed the arithmetic mean of quantities in 20221 and 20232.
Amendment 19 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
1. If a product covered by Article 1(1) or any other agricultural product originating in Ukraine is imported under conditions which adversely affect the Union market or the market of one or several Member States for like or directly competing products, the Commission may impose any measure which is necessary by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3).
Amendment 23 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – introductory part
Article 4 – paragraph 7 – subparagraph 1 – introductory part
7. If, during the period 6 June to 31 December 2024, cumulative import volumes of either wheat, barley, grains, oats, maize, seed oils, honey, eggs, poultry or sugar since 1 January 2024 reach the respective arithmetic mean of import volumes recorded in 20221 and 20232, the Commission shall, within 210 days and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478:
Amendment 30 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point a
Article 4 – paragraph 7 – subparagraph 1 – point a
(a) reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point b, until 31 December 2024 or in the case of seed oils introduce a new tariff-rate quota based on their respective arithmetic mean of import volumes recorded in 2021 and 2022, until 31 December 2024; and
Amendment 35 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point b
Article 4 – paragraph 7 – subparagraph 1 – point b
(b) introduce from 1 January 2025 either a tariff-rate quota equal to five twelfths of that arithmetic mean or the corresponding tariff-rate quota suspended by Article 1(1), point b, whichever is highlower.
Amendment 36 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 2
Article 4 – paragraph 7 – subparagraph 2
If, during the period 1 January to 5 June 2025, cumulative import volumes of either wheat, barley, grains, oats, maize, seed oils, honey, eggs, poultry or sugar for the period since 1 January 2025 reach five twelfths of the respective arithmetic mean of import volumes recorded 20221 and 2023,2, the Commission shall, within 210 days and after informing the Committee on Safeguards, reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point b or in the case of seed oils introduce a new tariff-rate quota based on their respective arithmetic mean of import volumes recorded in 2021 and 2022, until 31 December 2024.
Amendment 43 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
For the purposes of this paragraph, the terms wheat, barley, grains, oats, maize, seed oils, honey, eggs, poultry and sugar refer to all products covered by the tariff- rate quotas in the Appendix to Annex I-A of the Association Agreement for, respectively, wheat, barley, grains, oats, maize, seed oils, honey, eggs and albumins, poultry meat and poultry meat preparations, and sugars, and the arithmetic mean shall be calculated by dividing the sum of import volumes in 20221 and 20232 by two.
Amendment 50 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 8 a (new)
Article 4 – paragraph 8 a (new)
8 a. A product covered by Article 1(1) originating in Ukraine can enter in the Union market only if the Ukrainian authorities declare its final destination prior to the entry of the product concerned into the Union market. When the import is authorised, the Ukrainian authorities shall provide to the Commission the necessary documentation certifying that the product concerned reached the declared final destination.
Amendment 12 #
2023/2868(RSP)
Draft motion for a resolution
Recital B
Recital B
B. whereas a strong, open and inclusive multilateral trading system plays an essential role in reaching global goals on climate change and achieving net zcould contribute to address global environmental challenges only if pragmatic rules are applied equally by all; considers howevero through, for example, the exchange of the goods and services eat the lack of reciprocity and the increasing assenrtial for clean- energy technologies and a circular economyveness of WTO members proves to be challenging in pursuing credible results;
Amendment 20 #
2023/2868(RSP)
Draft motion for a resolution
Recital C
Recital C
C. whereas the rules-based multilateral trading system is currently under a great deal of pressure, subject to geopolitical tensions and unilateral measures, as well as an unjustified reliance on General Agreement on Tariffs and Trade (GATT) exceptions by some of its members, which is already resulting in a more fragmented and less predictable context for trade policy; whereas the limited outcome at MC12 proved that the WTO can still deliver multilateral agreements and respond to emergenciesand the increasing fragmentation between the members proved once again the weaknesses of WTO role as the core of the multilateral system;
Amendment 22 #
2023/2868(RSP)
Draft motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the unfair non-market policies and practices pursued by China lead to a lack of reciprocity, jeopardising the level playing field, not only at bilateral level but also at international level, and ultimately undermining the credibility of WTO;
Amendment 34 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates its full commitment to the enduring value of multilateralism and underlines that a multilateral system to govern trade is essential; calls for a trade agenda based on fair and rules-based trade for the benefit of all, which contributes to sustainable economic growth and prosperity, thereby strengthening peace and security; emphasises the importance of the SDGs, social, environmental and human rights and ensuring that multilaterally agreed and harmonised rules are applied by all to ensure a level-playing field;
Amendment 37 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 2
Paragraph 2
2. Urges all WTO members to commit to a successful outcome of MC13; believes that MC13 should be the starting point for advancing and modernising the WTO to ensure it can play a role in addressing the challenges of the 21st century, including issues such as digital economy, competitiveness of businesses based on level playing field, climate change and sustainability in all its dimensions; urges all WTO members to step up their efforts to focus on tangible outcomes that show that the WTO can address current challenges; welcomes the guidance given by the Senior Officials’ Meeting on 22 and 23 October 2023; asks WTO members, in particular, to conclude the second phase of the multilateral agreement on fisheries subsidies and adopt a comprehensive package on institutional reform, including a decision that would lead to a fully functioning dispute settlement system;
Amendment 52 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to mainstream the development dimension of the WTO, including through the WTO reform process and through making the special and differential treatment fit for purpose for the 21st century; underlines in this regard that China should no longer be considered a developing country; welcomes, in this context, the decision already taken on the extension of support measures to assist least-developed countries (LDCs) on the path to graduation from LDC status, in order to provide a smooth and sustainable transitional period for the withdrawal of trade preferences;
Amendment 55 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the need to reinvigorate discussions on State support for industrial sectors within the WTO, with a view to increasing transparency and adapting the WTO rulebook on subsidies in order to respond to contemporary challenges and effectively address negative spillover effects such as overcapacity; underlines the importance of including the role of SOEs as providers of support in the framework of this discussion; recalls that subsidies can serve to achieve legitimate police objectives and therefore a sufficient policy space should be guaranteed; underlines that any possible release of WTO rules on subsidies, including of the ASCM, should apply to all members in order to ensure reciprocity; takes the view that MC13 should launch a time-limited work programme to allow for deliberation on State intervention in support of industrial sectors, in order to provide recommendations for MC14;
Amendment 3 #
2023/2107(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas Japan is crucial partner located in the Indo-Pacific region and it is a member of the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) and the Regional Comprehensive Economic Partnership (RCEP);
Amendment 15 #
2023/2107(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls the importance of implementing the EPA fully and effectively, including in the areas of government procurement to ensure transparency, and sanitary and phytosanitary commitments to speed up and simplify import procedures; takes note of the commitments taken by the parties on SPS in the framework of the EU- Japan Summit; recalls the importance of promptly finding a solution on the restrictions imposed by Japan on EU products due to African Swine Fever;
Amendment 20 #
2023/2107(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Takes note of the EU decision to lift the import restrictions on food following the 2011 Fukushima nuclear accident ; takes note of the Japanese government’s decision to release the treated radioactive water from Fukushima nuclear power plants into the sea; calls on the Commission to continue monitoring the situation in order to avoid that EU consumers’ health is put at risk;
Amendment 29 #
2023/2107(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the launch of the EU- Japan digital partnership to advance cooperation on digital issues; welcomes, in this regard, the conclusion of the digital trade principles and the signature of the memorandum of cooperation on semiconductors, to enhance bilateral cooperation on research and development for semiconductors, transparency of subsidies to the semiconductor sector, an early warning mechanism for the semiconductor supply chain, advanced skills for the semiconductor industry, and uses cases of semiconductors applications;
Amendment 42 #
2023/2107(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights that Japan is the EU’s closest partner in the Indo-Pacific region with whom the EU should enhance cooperation on economic resilience and security, including by jointly addressing non- market practices. market practices and policies, economic coercion and other harmful practices; welcomes the Administrative Arrangement on Cooperation in Critical Raw Materials Supply Chains to increase cooperation between the EU and Japan on diversifying supply chains for critical raw materials in order to minimize the risks from increased geopolitical tensions and accelerated technological shifts.
Amendment 3 #
2023/2059(INI)
Aa. whereas current economic developments suggest an ongoing worldwide trade regionalisation which might become structural in the upcoming future, challenging European ports into new competitive tasks where they should tighten intra-regional links and shorten connections to grant supplies and make import/export’s routes more resilient;
Amendment 8 #
2023/2059(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas European ports are strategic infrastructures and play an overarching role in the European trade and industrial policies, building up on their vocation as gateways for goods and services and providing a wider range of industrial, manufacturing, and transformative activities, such as shipbuilding, steelmaking, energy production and data exchanging;
Amendment 13 #
2023/2059(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market,
Amendment 21 #
2023/2059(INI)
Motion for a resolution
Recital A
Recital A
A. whereas our ports are the European Union’s gateways to the world and as such play a crucialn increasingly important role in our economy, wealth and jobs, both by facilitating trade and in the energy transitioy facilitating trade, being nodes of energy, clusters of transformative and industrial activities (such as shipbuilding and steelmaking), blue economy, and as facilitators of military mobility; on top of their logistical role at the crossroads of supply chains, ports are crucial partners in getting Europe’s economy and society through a realistic and concrete energy transition by enabling the production, supply and import of clean energies and technologies as well as by facilitating the supply chain for realising the Net-Zero Industry Plan;
Amendment 23 #
2023/2059(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that an open, sustainable and assertive EU trade policy, coupled with ambitious trade agreements, wcould contribute to strengthening the competitiveness and resilience of European ports;
Amendment 28 #
2023/2059(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 33 #
2023/2059(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Amendment 37 #
2023/2059(INI)
Motion for a resolution
Recital B
Recital B
B. whereas ports carry out a vital public service and should be valued as such; whereas ports have demonstrated again this vital and resilient role during recent and ongoing European and international crises, including the COVID pandemic and Russia’s war of aggression against Ukraine by ensuring the continuance of supply chains and setting up alternative routes, as well as in the energy crisis by safeguarding Europe’s energy security, including through establishing at short term alternative routes for the provision of LNG and increasing Europe’s gas storage;
Amendment 59 #
2023/2059(INI)
Motion for a resolution
Recital D
Recital D
D. whereas non-EU entities have strategically increased their stakes in European port operations, companies, terminals and port infrastructure;
Amendment 71 #
2023/2059(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights repeated warnings by intelligence agencies against the risks of economic dependence, espionage and sabotage caused by the economic presence of entities, including vessels, from non-EU countries in our critical infrastructure and strategic sectors, such as ports9 ; _________________ 9 Dreigingsbeeld Statelijke Actoren 2 (in Dutch): https://open.overheid.nl/documenten/ronl- f76b037c88b27bbede038d38647642b4082 45240/pdf.
Amendment 72 #
2023/2059(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that port concessions and/or lease contracts, whereby the port managing body is setting the multiple conditions (operational, social, environmental, etc.) under which a terminal should be operated, are an essential and important tool for the port managing bodies to safeguard the control of the port managing body and intervene in cases of breaches of contracts;
Amendment 75 #
2023/2059(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines the importance of providing European ports with a more rationalized and efficient access to public and private funding coming from the EU, from its Member States, and from those third-countries that are most reliable.
Amendment 81 #
2023/2059(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to present an EU strategic policy framework to reduce and limit influence and operational control by non-EU countries in the EU’s ports and in their processes and hinterland operations, especially avoiding any effective participation or control - both direct and indirect - in the management of a port authority as well as in every connected public entities, such as in- house companies;
Amendment 94 #
2023/2059(INI)
3. Calls on the Commission to continuously monitor and report to the relevant authorities in the Member States on the influence of non-EU countries in EU ports, EU terminal management and global container shipping and assess the potential links between the actions of a given non- EU country in these sectors;
Amendment 103 #
2023/2059(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that limiting foreign investments in an individual port in one Member State can negatively affect the competitive position of that port compared to neighbouring ports that do not have these limitations, which underlines the need for a joint European strategy; approach covering foreign investments in all EU critical infrastructures, including critical port infrastructure;
Amendment 109 #
2023/2059(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recognises the importance of monitoring the implementation of Regulation (EU) 2022/2560 on foreign subsidies distorting the internal market, as to assess in due time its full impact; calls on the Commission to closely monitor the port sector's market and, if necessary, intervene ex officio as provided for under Article 9 of Reg. (EU) 2022/2560;
Amendment 157 #
2023/2059(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to addresspay particular attention to the use of trusted technology in maritime logistics and in the functioning of container terminals; expresses its concern about the increasing dependence on non-EU producers for (border) security equipment in ports, as well as ship-to-shore cranes which are able to collect data on the origin and destination of containers;
Amendment 167 #
2023/2059(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines that while data-sharing in logistics contributes to the efficiency, agility and resilience of supply chains, the use of non-EU state-controlled platforms in ports may poses economic and strategic risks for the EU and, which should be prevented;
Amendment 172 #
2023/2059(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that EURecognises that ports as gateways to trade are sometimes being misused by criminal organisations for the trafficking of illicit products, in particular drugs, which can undermine the security of the port, supply chains and the people working there; since ports are key entry points for illicit drugs and, calls on the Commission to present measures for effective European cooperation among all relevant authorities and players to combat drug trafficking, extraction and criminal subversion;
Amendment 179 #
2023/2059(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. On a more general level, highlights the growing importance of critical infrastructure protection at sea and underwater (including energy pipelines, communication networks and offshore renewable energy facilities) for the safety and security of EU waters and operations;
Amendment 185 #
2023/2059(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the vital role ports play in the energy transition as energy hubs for the conversion, conditioning and storing of energy carriers, as well as its generation from low and zero emission sources, for the import of critical raw materials, as servicing stations for offshore energy facilities and as nodes in transport systems supporting the energy transition;
Amendment 188 #
2023/2059(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Underlines that European ports are pivotal in safeguarding Europe’s energy security and in reducing its external energy dependency; stresses that Europe’s ports have been and will be instrumental in repowering Europe in the short term as well as in reinforcing the efforts to achieve a pragmatic and concrete transition to a climate neutral society in the long term;
Amendment 217 #
2023/2059(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines that an energy transition in ports will not be possible without a skilled workforce, easy and swift permitting procedures, adequate public and private funding, as well as EU legislation adequately recognising and facilitating the energy role of ports;
Amendment 233 #
2023/2059(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that strengthening the economic position of EU ports and improving their competitiveness in a global economy is crucial for limiting foreign influence and security risks, as well as for Europe’s supply-chain sovereignty;
Amendment 236 #
2023/2059(INI)
19a. Considers that pieces of European legislation that risk to undermine the competitiveness of EU ports and create carbon and business leakage toward ports outside the Union should be avoided or, if they already entered into force, amended; calls on the Commission to accelerate the revision of Directive 2003/87/EC1a of the European Parliament and of the Council, to bring those EU transhipment ports, which are subject to competition by non- EU ones, on a competitive par with them by subjecting ships which call at EU transhipment ports to the same requirements regarding the scope of GHG emissions covered by the directive as those that are in place for non-EU transhipment ports; _________________ 1a Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC.
Amendment 246 #
2023/2059(INI)
20. Calls on the Commission to analyse and address the investment needs of European ports in order for them to be competitive in the future and to work towards a more stable investment climate including transparencythat is attractive to foreign investors and ensures legal certainty for potential investors as well as transparency on outcomes of and predictability in investment assessments;
Amendment 254 #
2023/2059(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that ports are not stand- alone assets as they have their place in a vast ecosystem of maritime logistics and, supply chains and industry driven by demand from European importers and exporters;
Amendment 272 #
2023/2059(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance of maritime manufacturing, as well as shipbuilding and its supply-chain, in the EU as a foundation for maintaining a thriving maritime logistical sectorsector; in this regard, calls on the European Commission to urgently define an ambitious European Industrial Maritime Strategy for a globally competitive and resilient maritime technology industry;
Amendment 9 #
2023/2042(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that safeguarding strong and sustainable trade relations with Switzerland, the EU’s fourth largest trading partner, remains a high priority particularly in light of Switzerland’s role as transitional hub both at European and global level;
Amendment 16 #
2023/2042(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. RegretAcknowledges the decision of the Swiss Federal Council to terminate negotiations on the IFA, which was essential for the conclusion of possible future agreements regarding Switzerland’s further participation in the single market;
Amendment 17 #
2023/2042(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers of utmost importance that, in order to overcome the shortcomings of stalled negotiations and reach a broad balance of interests, the Commission stands ready to take in due account the legitimate priorities and issues raised by Switzerland;
Amendment 21 #
2023/2042(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that without any modernisation of the FTA, which was concluded 50 years ago and has not been adjusted to reflect developments in international trade rules since, and of the package of bilateral agreements (I and II), which was concluded almost 20 years ago, EU-Swiss relations will inevitablmay erode over time;
Amendment 28 #
2023/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 4 #
2023/2019(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Parliament requested that the Commission carefully assess the possible inclusion of electronically supplied services whose main feature is the provision of access to and use of copyright protected works or other protected subject matter into the scope of the Geo-blocking Regulation; whereas the Commission report on the first short-term review of the Geo- blocking Regulation stated that, as regards audiovisual content, the Commission would engage in dialogue with stakeholders with a view to fostering the circulation of quality content across the EU; whereas this dialogue is included as Action 7 in the Media and Audiovisual Action Plan9 ; whereas the Parliament requested that the Commission carefully assesses the concrete actions taken by the creative and cultural sectors to increase the offering of content online in territory and across borders, as showcased to the European Commission in the stakeholder dialogue; __________________ 9 COM(2020)0784.
Amendment 16 #
2023/2019(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas citizens living in border regions and/or belonging to linguistic minorities are able to access significant amounts of content and services which are offered across the EU territory; while specific and tailor-made contractual offerings of different types of content often allow such citizens to access content and services in their language of choice;
Amendment 39 #
2023/2019(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the Commission’s first short-term review of the 2018 Geo- blocking Regulation which upholds the continued exclusion of audiovisual services from the scope of the Regulation; welcomes the Council Conclusions ((2021/C 501 I/02 & 7809/22) underlining the importance of territorial exclusivity and exclusive licensing for the sustainability of the audiovisual sector; welcomes the European Parliament’s research service analysis1a on the implementation of the 2018 Geo-blocking regulation in the digital single market which supports territorial exclusivity, underlining that the audiovisual sector is strongly reliant on the current financing and licensing model, and that extending the scope of the Geo-blocking regulation could have considerable consequences for the economic sustainability of the sector; __________________ 1a https://www.europarl.europa.eu/thinktank /en/document/EPRS_IDA(2023)740255.
Amendment 74 #
2023/2019(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends a broader and more detailed analysis to address concerns regarding the selective distribution and exclusive rights agreements that undermine the right ofprohibition of restricting passive sales and competition in online and offline products and services distribution channels;
Amendment 81 #
2023/2019(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that, according to Article 1(5) of the Regulation, it should not affect copyright law; emphasises that Parliament requested, in line with the review clause of the Regulation, that the Commission assess whether the Regulation should also apply to electronically supplied services whose main feature is the provision of access to and use of copyright protected works or other protected subject matter, including the selling of copyright protected works or protected subject matter in an intangible form, provided that the trader has the requisite rights for the relevant territories11 ; __________________ 11 European Commission, ‘Study on the impacts of the extension of the scope of the geo-blocking regulation to audiovisual and non-audiovisual services giving access to copyright protected content’, 2020.the Commission recognises that current business model - driven by the commercial freedom to agree on, among others, territorial exclusivity - has generated a market dynamic, which caters for the significant diversity of European markets;
Amendment 87 #
2023/2019(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the progress made in terms of the cross-catalogue availability of music, e-book, video game and software products and services, both in subscription and transaction-based models; regrets the limitedacknowledges and welcomes the improvements regarding the cross- catalogue availability of video content and live sports events, which contribute to consumers’ perception that the afilm and audiovisual video content as reported by the European Audiovisual Observatory1a; __________________ 1a European Audiovisual Observices sector is applying the highest level of geo-blocking; atory. 2023. Film and TV content in TVOD, SVOD and FOD catalogues. 2022 edition.
Amendment 92 #
2023/2019(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the popularity of different tools among consumers used to avoid geo- blocking restrictions, especially for audiovisual content; considers it important to recognise that the steadyinform all European consumers about what is legal and what is not, the ever- growing availability of legal content and services in territory as evidenced in the EUIPO-hosted AGORATEKA portal of national discoverability tools; recognises that the swift modernisation and adaptation of the audiovisual services sector to new consumer expectations might beas more effective than undermining the effective use of such toolsalong with concrete actions taken to increase the content offering to consumers while tailoring content to the different markets across the EU;
Amendment 107 #
2023/2019(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes and welcomes that the Portability Regulation12 delivered substantial benefits to consumers who expect to receive continued access to their services when they are temporarily present in another Member State; welcomes the Commission’s ongoing stakeholder dialogue on access to and the availability of audiovisual content across the EU; emphasises that further actions are neededaudiovisual rightholder's interest in supporting together with public authorities at EU, national and regional level cultural diversity in production and in distribution through market-led industry initiatives and partnerships to drive further and increase access to and availability of content across the EU to meet some consumers expectations concerning the cross-catalogue availability of and cross-border access to sports events via streaming services; calls, therefore, on the Commission and the Member States to carefully assess all options that will reduce the unjustified and discriminatory geo- blocking barriers for access to audiovisual services and sports events, while taking into account the potential impact on diversitydetrimental impact of a potential extension of the Regulation’s scope on cultural diversity, expected increase prices for consumers and the available financing and viability of the creative sectorand cultural ecosystem; reminds the Commission to present the Parliament with the outcome of its stakeholder dialogue on possibly extending the scope of the Geo-blocking Regulation to audiovisual content; including showcasing the sharp increase in content offerings and availability that has already been seen; __________________ 12 Regulation (EU) 2017/1128 of 14 June 2017 on cross-border portability of online content services in the internal market, OJ L 168, 30.6.2017, p.1.
Amendment 55 #
2023/0323(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should be without prejudice to shorter periods which may be provided for in national law, and which are more favourable to the creditor. Likewise, Member States, if they deem it appropriate, may provide for indirect forms of compensation for undertakings which are creditors within the meaning of Article 2(9) of this Regulation.
Amendment 125 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘procedure of acceptance or verification’ means the procedure for ascertaining the conformity of the goods delivered or services provided, with the requirements of the contract as well as the verification of the correctness and conformity of the invoice;
Amendment 151 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services and without prejudice to the provisions laid down in Article 10 of this Regulation. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 158 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
This Regulation shall be without prejudice to the ability of parties to agree, subject to the relevant provisions of applicable national law, on payment schedules providing for instalments.
Amendment 175 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.
Amendment 196 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The payment period set out in paragraph 1 is also without prejudice to national rules on grouping invoices received by the debtor from the same creditor during a limited period of time.
Amendment 234 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Interest for late payment shall be automatically due by the debtor to the creditor, without the creditor needing to send a reminder, where the following conditions are satisfied:
Amendment 237 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 275 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) refusing of, opposing or not consent to the assignment of credits to supervised intermediaries.
Amendment 403 #
2023/0323(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. It shall apply from [OP: please insert the date = 124 months after the date of entry into force of this Regulation].
Amendment 89 #
2023/0290(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Essential safety requirements for toys should ensure protection from all relevant health and safety hazards posed by toys, for users or third parties. Particular safety requirements should cover the physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene and radioactivity to ensure that the safety of children, and in particular of children with disabilities, is adequately protected against those specific hazards. Since it is possible that toys which present hazards that are not covered by a particular safety requirement might exist or be developed, it is necessary to maintain a general requirement of safety to ensure protection of children in respect of such toys. The safety of toys should be determined by reference to the intended use, while taking into account also the foreseeable use, and bearing in mind the behaviour of children, who do not generally show the same degree of care as the average adult user. Together, the general safety requirement and the particular safety requirements should form the essential safety requirements for toys.
Amendment 152 #
2023/0290(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
For the purposes of this Regulation, a product shall be considered to be intended for use in play by children under 14 years of age, or by children of any other specific age group below 14 years, where a parent or supervisor can reasonably assume, by virtue of the functions, dimensions and characteristics of that product, that it is intended for use in play by children of the relevant age group.
Amendment 186 #
2023/0290(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well- being and cognitive development of children, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
Amendment 192 #
2023/0290(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where necessary to ensure their safe use, toys shall bear a general warning specifying appropriate user limitations. The user limitations shall include at least the minimum or maximum age of the user and, where appropriate, the required abilities of the user, the maximum or minimum weight of the user and the need to ensure that the toy is used only under adult supervision.
Amendment 215 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
Where manufacturers consider, or have reason to believe, on the basis of the information in that manufacturer's possession, that a toy which they have placed on the market is not in conformity with this Regulation, they shall immediately take the corrective measures necessary to bring that toy into conformity, withdraw it or recall it, as appropriate.
Amendment 218 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2 – introductory part
Article 7 – paragraph 8 – subparagraph 2 – introductory part
Where manufacturers consider, or have reason to believe, on the basis of the information in that manufacturer's possession, that a toy presents a risk, they shall immediately provide information thereof to:
Amendment 233 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) cooperate with the competent national authorities, at their request, on any action taken to eliminate in an effective manner the risks posed by toys covered by the mandate.
Amendment 273 #
2023/0290(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article12a Obligations of economic operators in the case of distance sales Where economic operators make toys available on the market online or through other means of distance sales, the offer of those toys shall clearly and visibly indicate at least the following information: (a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal and electronic address at which they can be contacted; (b) where the manufacturer is not established in the Union, the name, postal and electronic address of the responsible person within the meaning of Article 16(1) of this Regulation or Article 4(1) of Regulation (EU) 2019/1020 and; (d) any warning or safety information to be affixed to the toy or to the packaging or included in an accompanying document in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers, as determined by the Member State in which the toy is made available on the market.
Amendment 349 #
2023/0290(COD)
Proposal for a regulation
Article 28 – paragraph 10
Article 28 – paragraph 10
10. The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Annex IV, except in relation to the competent authorities of the Member State in which its activities are carried out. Intellectual property rights and trade secrets, in accordance with Directive (EU) 2016/943 shall be protected.
Amendment 357 #
2023/0290(COD)
Proposal for a regulation
Article 41 – paragraph 9
Article 41 – paragraph 9
9. The information referred to in paragraphs 2, 4, 6 and 8 of this Article shall be communicated through the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. That communication shall not affect the obligation on market surveillance authorities to notify measures taken against products presenting a serious risk in accordance with Article 20 of Regulation (EU) 2019/1020 and strictly enforce Article 19 of Regulation (EU) 2019/1020 given the vulnerability of children to defective, unsafe or counterfeit products.
Amendment 430 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part A – point 2
Annex II – Part A – point 2
2. N-nitrosamines and N-nitrosatable substances are prohibited in toys where the migration of those substances is equal to or higher than: a) toys intended for use by children under 36 months or in other toys intendedand intended or likely to be placed into the mouth where the migration of those substances is equal to or higher than 0,01 mg/kg for nitrosamines and 0,1 mg/kg for: N-nitrosamines mg/kg: 0,01; N- nitrosatable substances mg/kg: 0,1 b) toys intended for use by children under 36 months not covered by a): N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 c) toys intended for use by children of 36 months and over and intended to be placed into the mouth: N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 d) balloons: N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 e) finger paints: N-nitrosamines mg/kg: 0,02; N- nitrosatable substances. mg/kg: 1
Amendment 205 #
2023/0271(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The role of the railway undertakings and applicants should be strengthened and a new structure established under the "European Railway Undertaking Platform" ("ERUP");
Amendment 219 #
2023/0271(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) Public funding to the infrastructure managers and railway undertakings, including in the framework of the Connecting Europe Facility, should be sufficient to ensure a timely, cross- border harmonized and interoperable implementation of digital tools and services.
Amendment 261 #
2023/0271(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Infrastructure managers shall strive to follow common principles and procedures for the management of rail infrastructure capacity. For this purpose, ENIM shall develop and, consult with ERUP and then adopt a ‘European framework for capacity management’ in accordance with the provisions of Chapter II by [12 months of the entry into force of this Regulation].
Amendment 284 #
2023/0271(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. ENIM shall develop and consult with ERUP the methodologies referred to in paragraph 5, point b. The parameters of those methodologies shall make it possible to take into account local or national circumstances based on accepted approaches and empirical evidence. ENIM shall include those methodologies in the European framework for capacity management referred to in Article 6.
Amendment 293 #
2023/0271(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Without prejudice to Articles 7, 7c and 7e of Directive 2012/34/EU, infrastructure managers shall plan infrastructure work in accordance with the business plan and with the investment and financial programmes referred to in Article 8(3) of Directive 2012/34/EU. Where amendments to those programmes after the adoption of the business plan affect or are likely to affect the planning of infrastructure works, the infrastructure manager shall provide an overview of such amendments and their likely impact in the network statement. It is necessary to provide the infrastructure manager with stable and timely announced multiannual funding for the maintenance, renewal and new construction of rail infrastructure for a rolling period of at least 5 years. The amount of money available to the infrastructure manager per year shall be made transparent to the infrastructure manager.
Amendment 298 #
2023/0271(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
In particular, the infrastructure manager shall take into account in a balanced way the impact of infrastructure works on its own asset management and financial situation as well as the operational and financial impact on all applicants concerned. Multiannual funding to the infrastructure manager shall support the goal of establishing this balance. Applicants shall timely provide the infrastructure manager with the information required for the compliance with this provision.
Amendment 308 #
2023/0271(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
If necessary, in the light of experience gained in the implementation of this Regulation, ENIM in collaboration with ERUP may define a more detailed list which further differentiates between types of rail transport services. With a view to supporting the cross-border consistency of the strategic planning process, a harmonised list shall be included in the European framework for capacity management referred to in Article 6.
Amendment 342 #
2023/0271(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. ENIM shall consult applicants, ERUP, customers of rail transport services and their associations, national and EU public authorities on the terms of reference for the study, in particular as regards the purpose of the study and the process for stakeholder involvement.
Amendment 370 #
2023/0271(COD)
Proposal for a regulation
Article 18 – paragraph 10 – introductory part
Article 18 – paragraph 10 – introductory part
10. ENIM shall adopt guidelines in consultation with ERUP and include them in the European framework for capacity management referred to in Article 6, setting out the following:
Amendment 378 #
2023/0271(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. ENIM shall develop in consultation with ERUP a common framework for the criteria and procedures referred to in paragraph 1 and include it in the European framework for capacity management referred to in Article 6. That common framework shall balance the benefits of reserving capacity for specific types of rail services or allocation processes with the need to ensuring flexibility to accommodate market needs in capacity allocation. For that purpose, the common framework shall provide for the possibility of taking into account requests for capacity rights not consistent with pre- planned capacity in the context of the consensual conflict resolution mechanism referred to in Article 36.
Amendment 382 #
2023/0271(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. ENIM shall develop and adopt formal specifications for capacity planning objects in human-readable and in machine- readable format. ENIM shall include these specifications in the European framework for capacity management referred to in Article 6. Based on its experience in applying this Article, ENIM shall provide information to the Commission, following consultation with ERUP, on possible amendments to the technical specifications on interoperability as provided for by Directive (EU) 2016/797 and the implementing acts adopted under that Directive, in accordance with Article 62(3) of this Regulation.
Amendment 409 #
2023/0271(COD)
Proposal for a regulation
Article 27 – paragraph 6 – subparagraph 1
Article 27 – paragraph 6 – subparagraph 1
The infrastructure manager shall cancel a capacity right which, over a period of at least one month, has been used less than a threshold quota, to be laid down in the network statement, unless this was due to non-economic reasons beyond the applicant's control. ENIM shall consult ERUP and define ranges for the threshold quota and include them in the European framework for capacity management referred to in Article 6.
Amendment 421 #
2023/0271(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. ENIM shall define in consultation with ERUP the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b) and include them in the European framework for capacity management referred to in Article 6.
Amendment 435 #
2023/0271(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Infrastructure managers shall concludeguarantee that framework agreements only where the capacity right requested isare consistent with the planning documents of the strategic capacity planning referred to in Article 11(2). Infrastructure managers shallmay indicate the capacity that they plan to reserve for allocation through framework agreements in these strategic planning documents.
Amendment 439 #
2023/0271(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
Amendment 440 #
2023/0271(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
Amendment 441 #
2023/0271(COD)
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 467 #
2023/0271(COD)
Proposal for a regulation
Article 36 – paragraph 8
Article 36 – paragraph 8
8. ENIM shall prepare in consultation with ERUP guidelines for the consensual conflict resolution mechanism for multi- network capacity requests and include them in the European framework for capacity management referred to in Article 6.
Amendment 475 #
2023/0271(COD)
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
Article 39 – paragraph 3 – subparagraph 2
Amendment 484 #
2023/0271(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Following a consultation of the ENRRB and ERUP, ENIM shall define harmonised conditions giving rise to compensation. Those conditions shall take into account the rules set out in Article 39(4) and (8). ENIM shall include these conditions in the European framework for capacity management referred to in Article 6. The ENRRB shall publish an opinion on the conditions defined by ENIM.
Amendment 498 #
2023/0271(COD)
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43a Interruptions of long duration and Incident report 1. Without prejudice to the international contingency measures as referred to in Article 46 and to the duration criteria as set out in Annex VI of this Regulation, in case of a partial or total interruption of services for more than 15 days in line stretches on the TEN- T corridors that are relevant to cross- border operations, caused by a disruption of train movements caused by a technical failure or incident, no later than 30 days from the declaration of the international disruption by the initiating IM as set out in Annex VI, the organization best placed at regional level (as provided in art. 53.2 (b)) shall request to the infrastructure managers impacted to provide an incident report including the following information : (a) all available information on the operational measures that should be activated or that have been already put in place under international contingency procedures by the impacted infrastructure manager to ensure the use of alternative routes and to allocate the disrupted rail operations, (b) all available information on the actions that the infrastructure manager responsible for the line stretch where the incident took place intends to restore regular train operations along the interrupted lines. 2. The Infrastructure Managers shall transmit the report to the above- mentioned organizations best placed at the regional level aiming at coordinating with the affected IMs and interested RUs and to the coordinators of the impacted corridors to redefine the capacity supply accordingly, no later than 30 days from the date of receiving such request unless total traffic interruption on the impacted line have been already resolved. 3. The infrastructure managers impacted by the disruption should transmit an update of the incident report to the above-mentioned organizations best placed at the regional level, and to the applicants, in case new relevant elements are available and as long as total circulation is not resolved along the line stretch affected. 4. Upon receiving the incident report and subsequent updates, the coordinators of the impacted corridors may issue and transmit to the above-mentioned organizations best placed at the regional level non-binding recommendations on improved measures to address the disruption and the traffic capacity restrictions caused by the accident.
Amendment 534 #
2023/0271(COD)
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53a European Railway Undertaking Platform (“ERUP”) The Commission shall set up within 12 months after entry into force of the Regulation a further advisory group, European Railway Undertaking Platform (“ERUP”), made up of railway undertakings and authorised applicants. This advisory group may issue opinions on any proposal by ENIM which has direct consequences for these undertakings. It may also issue own-initiative opinions. ENIM shall consider such consolidated opinions as long as these are provided in due time. ENIM shall consult with the European Railway Undertaking Platform (ERUP) in the development of the European Frameworks for Capacity Management, Traffic Management and Performance Management.
Amendment 562 #
2023/0271(COD)
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
The infrastructure managers responsible for lines that form part of the core and extended core TEN-T network, referred to in [Article 6 and Annex I of new TEN-T Regulation] shall provide ENIM with the necessary resources to perform its tasks. For this purpose, the functions of the network coordinator will be executed by an association of IMs in Europe as referred to in paragraph 1. They shall appoint by [126 months after the entry into force of this Regulation] an impartial and competent entity to fulfil the functions referred to in Article 59. Such entity will be designated as a Network Coordinator. ENIM may decide to change the entity appointed as Network Coordinator with consent of the Commission.
Amendment 124 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 95/53/EC
Article 2 – fourteenth indent
Article 2 – fourteenth indent
— ‘alternatively fuelled vehicle’ shall mean a motor vehicle powered wholly or in part by an alternative fuel and which has been approved under the framework of Regulation (EU) 2018/858,;
Amendment 126 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e a (new)Directive 96/53/EC
Article 1 – paragraph 1 – point 2 – point e a (new)Directive 96/53/EC
Article 2 – indent
Amendment 216 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/CE
Article 8c – paragraph 1
Article 8c – paragraph 1
Vehicle transporters with open bodies may exceed the maximum lengths laid down in point 1.1 of Annex I while loaded, up to a total of 20,751 meters, using authorised load supports.
Amendment 223 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/CE
Article 8c – paragraph 2
Article 8c – paragraph 2
The overhang or load support of vehicle transporters may not protrude in relation to the load. The load may protrude in front of the towing vehicle up to a maximum of 0,5 meters, provided that the first axle of the transported vehicle rests on the traimotor vehicler structure. The load may protrude from behind up to a maximum of 1,5 meters, provided that the last axle of the transported vehicle rests on the trailer structure.’;
Amendment 274 #
2023/0265(COD)
Proposal for a directive
Annex I – table – point 2.2.2
Annex I – table – point 2.2.2
2.2.2 Articulated vehicles with five or six axles (a) two-axle motor vehicle with three-axle semi-trailer 40 tonnes (b) three-axle motor vehicle with two or three-axle semi- 40 tonnes trailer (c) two-axle motor vehicle with three-axle semi-trailer 424 tonnes involved in intermodal transport operations (d) three-axle motor vehicle with two- or three-axle 44 tonnes semi-trailer involved in intermodal transport operations
Amendment 62 #
2023/0165(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2009/16/EC
Article 10(2)
Article 10(2)
Environmental parameters shall be based on the Carbon Intensity Indicator of the ship and the number of deficiencies relating to MARPOL, AFS, BWM Convention, CLC 92, Bunkers Convention and Nairobi Conventions in accordance with Annex I, Part I.3 and Annex II.
Amendment 80 #
2023/0165(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2009/16/EC
Article 25
Article 25
(a) information concerning ships which have failed to notify any information according to the requirements of this Directive, Directive 2002/59/EC and to Directive (EU) 2019/883 of the European Parliament and of the Council30 , and to Directive 2001/96/EC on the safe loading and unloading of bulk carriers (Annex III) as well as, if appropriate, with Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security, __________________ 30 Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships (OJ L 151, 7.6.2019, p. 116).’
Amendment 135 #
2023/0156(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to provide for effective means of achieving the objectives of the customs union, a number of rules and procedures regulating how goods are brought into or taken out of the customs territory of the Union should be revised and, simplified and harmonized. A modern, integrated set of interoperable electronic services should be provided for collecting, processing and exchanging information relevant for implementing customs legislation (European Union Customs Data Hub, ‘EU Customs Data Hub’). A European Union Customs Authority (‘EU Customs Authority’) should be established as a central, operational capacity for the coordinated governance of the customs union in specific areas.
Amendment 166 #
2023/0156(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The non-Union goods that are brought to the customs territory of the Union should be considered to be in temporary storage from the moment the carrier notifies their arrival until their placement under a customs procedure unless they are already placed in transit. To ensure appropriate customs supervision, this situation should be limited in time. It should not last more than 10 days, except in exceptional cases. If the importer needs to store the goods for a longer period, the goods should be in a customs warehouse, where the goods can be stored without time limit. The existing authorisations for temporary storage locations should therefore be converted into customs warehouse authorisations if the relevant requirements are met.
Amendment 198 #
2023/0156(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 18 –point b
Article 5 – paragraph 1 – point 18 –point b
(b) pose a threat to the security and safety of theUnion and itspublic health ofUnion citizens and residents; or
Amendment 229 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. An importer or exporter,, exporter or customs representative who is resident or registered in the customs territory of the Union, meets the criteria set out in paragraph 3 and has conducted regular customs operations in the course of that person’s business for at least 3 years, may apply for the status of Trust and Check trader to the customs authority of the Member State where that person is established.
Amendment 249 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 5 – subparagraph 1
Article 25 – paragraph 5 – subparagraph 1
Where a Trust and Check trader changes its Member State of establishment, the customs authorities of the receiving Member State may reassess the Trust and Check authorisation, after consultation with the Member State that initially granted the status and having received the previous records on the operators. During the reassessment, the customs authority of the Member State that granted the initial authorisation may suspend it.
Amendment 255 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 7 – introductory part
Article 25 – paragraph 7 – introductory part
7. Customs authorities mayshall authorise Trust and Check traders:
Amendment 269 #
2023/0156(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A customs representative having the status of Trust and Check trader shall only be recognised as such when acting as indirect representative. When acting as a direct representative, the customs representative may be recognised as Trust and Check trader if the person in whose name and on whose behalf that representative is acting has been granted such status or is a small and micro enterprise pursuant to Reccomendation 2003/361/EC or is an authorised economic operator pursuant to the present Regulation.
Amendment 275 #
2023/0156(COD)
Proposal for a regulation
Article 27 – paragraph 6 a (new)
Article 27 – paragraph 6 a (new)
6 a. For the purposes of paragraph 3 of this Article, the Commission shall adopt and publish guidelines setting out common principles and practices for the implementation of obligations pursuant to Articles 20 and 22 respectively.
Amendment 281 #
2023/0156(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 (new)
Article 29 – paragraph 1 – subparagraph 1 (new)
Enable interoperability with the EU Maritime Single Window Environment for the provision and fulfilment of the customs formalities indicated in the Reporting Obligations Annex of Regulation 2019/1239.
Amendment 337 #
2023/0156(COD)
Proposal for a regulation
Article 80 – paragraph 9
Article 80 – paragraph 9
9. Until the date in Article 265(3), the entry summary declaration submitted in accordance with the rules and data rrquirements set down in Regulation 952/2013, its Implementing and Delegated Acts shall be considered the advance cargo information.
Amendment 338 #
2023/0156(COD)
Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1 (new)
Article 83 – paragraph 1 – subparagraph 1 (new)
Until the date in Article 265(3), the Arrival Notification shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
Amendment 339 #
2023/0156(COD)
Proposal for a regulation
Article 83 – paragraph 4
Article 83 – paragraph 4
4. Where the arrival of the means of transport and of the consignments therein is not covered by the notification referred to in paragraph 1, theGoods which are brought into the customs territory of the Union by sea or air and which remain on board the same means of transport for carrierage, shall notify the arrival of thegoods broughtonly be notified as ‘arrived’ into the customs territory of the Union by sea or air at the port or airport where they are unloaded or transhipped.
Amendment 340 #
2023/0156(COD)
Proposal for a regulation
Article 83 – paragraph 6
Article 83 – paragraph 6
6. TFrom the date set out in article 265 (3) and only under exceptional cases,the carrier shall not unload, in the customs territory of the Union, the goods for which a minimum advance cargo information has not been provided or made available to customs, unless the customs authorities have requested the carrier to present them in accordance with Article 85. (9) The Commission is empowered to adopt delegated acts in accordance with Article 261, to supplement this Regulation by determining the minimum advance cargo data referred to in paragraph 6 and the specific circumstances when the carrier can be prevented from unloading the cargo.
Amendment 341 #
2023/0156(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. The customs authorities shall require the carrier , without prejudice to article 80(5),to present the goods and provide the advance cargo information referred to in Article 80, where this information has not been provided at an earlier stage.
Amendment 342 #
2023/0156(COD)
Proposal for a regulation
Article 85 – paragraph 5 – subparagraph 1 (new)
Article 85 – paragraph 5 – subparagraph 1 (new)
Until the date in Article 265(3), the Presentation Notification shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
Amendment 343 #
2023/0156(COD)
Proposal for a regulation
Article 86 – paragraph 1 – subparagraph 1 (new)
Article 86 – paragraph 1 – subparagraph 1 (new)
Until the date in Article 265(3), the Temporary Storage Declaration shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
Amendment 344 #
2023/0156(COD)
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 30 days after the notification of their arrival or no later than 6 days after the notification of their arrival in the case of an authorised consignee as referred to in Article 116(4), point (b),unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extendunless the customs authorities do not require the goods to be presented.
Amendment 50 #
2023/0090(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The objective of this Regulation is to address the risks associated with the circulation of non-road mobile machinery on public roads. Thus, non-road mobile machinery that will not circulate on public roads should be excluded from the scope of this Regulation.
Amendment 61 #
2023/0090(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Amendment 62 #
2023/0090(COD)
Proposal for a regulation
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. As regards towed equipment, the manufacturer may choose either to apply for EU type-approval or to comply with the relevant national legislation referred to in point (g) of the first subparagraph.
Amendment 63 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘non-road mobile machinery’ means any self-propelled mobile machinery with a power drive or towed equipment, falling within the scope of Directive 2006/42/EC, that is designed or constructed with the purpose to perform work and with the intent to circulate on public roads, mainly to move from one working place to another;
Amendment 66 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point c
Article 3 – paragraph 1 – point 24 – point c
(c) enginpower drive (internal combustion/hybrid/electric/hybrid- electric),
Amendment 68 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point e
Article 3 – paragraph 1 – point 24 – point e
Amendment 69 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point f
Article 3 – paragraph 1 – point 24 – point f
Amendment 70 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point g
Article 3 – paragraph 1 – point 24 – point g
Amendment 71 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point i
Article 3 – paragraph 1 – point 24 – point i
Amendment 72 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point j
Article 3 – paragraph 1 – point 24 – point j
Amendment 73 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point l
Article 3 – paragraph 1 – point 24 – point l
Amendment 74 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point m
Article 3 – paragraph 1 – point 24 – point m
Amendment 81 #
2023/0090(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall not, for the aspects covered by this Regulation, prohibit, restrict or impede the making available on the market, registration, entry into service or circulation on public roads of non-road mobile machinery that complies with this Regulation at the time of placing on the market.
Amendment 82 #
2023/0090(COD)
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 a (new)
Article 4 – paragraph 5 – subparagraph 2 a (new)
The Commission in empowered to adopt delegated acts in ccordance with Article 47 concerning detailed rules under which Member States cannot refuse the verification, as specified in Article 19, already carried out by the approval authority of another Member State.
Amendment 100 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part
Article 15 – paragraph 2 – subparagraph 1 – introductory part
The Commission is empowered to adopt delegated acts in accordance with Article 47 concerning detailed rules on the requirements solely for risks related to road circulation set out in paragraph 1 for the following elements:
Amendment 101 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
Article 15 – paragraph 2 – subparagraph 1 – point a
Amendment 103 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point j
Article 15 – paragraph 2 – subparagraph 1 – point j
Amendment 105 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point l
Article 15 – paragraph 2 – subparagraph 1 – point l
Amendment 106 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point p
Article 15 – paragraph 2 – subparagraph 1 – point p
(p) masses, including maximum on- roadon-road maximum permissible laden mass;
Amendment 107 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point q
Article 15 – paragraph 2 – subparagraph 1 – point q
Amendment 109 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point w
Article 15 – paragraph 2 – subparagraph 1 – point w
Amendment 110 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point y
Article 15 – paragraph 2 – subparagraph 1 – point y
Amendment 120 #
2023/0090(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Non-road mobile machinery shall not be made available on the market,, intended for road circulation, shall not be registered or entered into service if registration is not compulsory, unless it is in conformity with this Regulation at the time of placing on the market.
Amendment 125 #
2023/0090(COD)
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
However, in the case of the first subparagraph, point (b), the EU type- approval and the relevant EU type- approval certificate shall become, for placing on the market, invalid 1824 months after the date of applicability of the new requirements referred to in the first subparagraph, point (b).
Amendment 159 #
2023/0090(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1 (new)
Article 53 – paragraph 2 – subparagraph 1 (new)
Amendment 161 #
2023/0090(COD)
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
The power of the Commission to adopt delegated acts pursuant to Article 47 shall apply as of [date of entry into force of this regulation.] The Commission shall adopt all the delegated acts referred to in in Article 4 (5), Article 15(2), Article 21(9), Article 22(6) and Article 39 before [24 months from the date of entry into force of this regulation.]
Amendment 67 #
2023/0085(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Within the same context, the healthcare sector should be recognized as a relevant player in reducing the environmental pollution. It would therefore be essential for companies and healthcare professionals and beneficial for patients to establish a proper regulatory framework for using claims relating to biodegradability, sustainability, circularity and origin of the product’s components, both for medicinal products (according to Directive 2001/83) and medical devices (according to Regulations 2017/745).
Amendment 173 #
2023/0085(COD)
Proposal for a directive
Recital 64
Recital 64
(64) When setting penalties and measures for infringements, the Member States should foresee that, based on the gravity of the infringement, the level of fines should effectively deprive the non- compliant trader from the economic benefit derived from using the misleading or unsubstantiated explicit environmental claim or non-compliant environmental labelling scheme, including in cases of repeated infringements. The measures for infringements foreseen by the Member States should therefore also include confiscation of the relevant product from the trader or revenues gained from the transactions affected by this infringement or a temporary exclusions or prohibitions from placing products or making available services on the Union market. The gravity of the infringement should be the leading criterion for the measures taken by the enforcement authorities. The maximum amount of fines should be dissuasive and set at least at the level of 4% of the trader’s total annual turnover in the Member State or Member States concerned in case of widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement measures in accordance with Regulation (EU) 2017/239488 . _________________ 88 Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
Amendment 177 #
2023/0085(COD)
(67) Where based on the results of the monitoring and evaluation of this Directive the Commission finds it appropriate to propose a review of this Directive, the feasibility and appropriateness of further provisions on mandating the use of common method for substantiation of explicit environmental claims, the extension of prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the societysafe and improves the sustainability of the product, or further harmonisation as regards requirements on the substantiation of specific environmental claims on environmental aspects or environmental impacts should also be considered.
Amendment 187 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive applies to explicit environmental claims made by traders about products or traders in business-to- consumer commercial practices. It does not apply to environmental claims made in business-to-business commercial practices.
Amendment 208 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point o a (new)
Article 1 – paragraph 2 – point o a (new)
(o a) Regulations (EU) 2021/2115, 2021/2116, 2021/2117 of the European Parliament and of the Council, and legislative acts based on these Regulations;
Amendment 216 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point o b (new)
Article 1 – paragraph 2 – point o b (new)
(o b) Regulation (EU) 2012/1151 of the European Parliament and of the Council;
Amendment 218 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point o c (new)
Article 1 – paragraph 2 – point o c (new)
(o c) Directive (EU) 2018/2001 of the European parliament and on the Council on the promotion of the use of energy from renewable sources;
Amendment 538 #
2023/0085(COD)
Proposal for a directive
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted for consultation to a heterogeneous group of stakeholders, that apply or are impacted by them or to their representatives, that has reviewed them and ensured their relevance from a societal perspective;
Amendment 619 #
2023/0085(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The verification and certification requirements shall apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC only if they so request. In order to avoid unproportionate costs and burdens for microenterprises and SMEs, Member States shall put in place an alternative ad-hoc verification scheme.
Amendment 664 #
2023/0085(COD)
Proposal for a directive
Article 10 – paragraph 9 a (new)
Article 10 – paragraph 9 a (new)
9 a. Member States may set up procedures to prioritise the verification of existing environmental claims made before the entry into force of this Directive and may introduce a transitional period during which existing environmental claims, submitted for verification, can still be used.
Amendment 729 #
2023/0085(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where, further to the evaluation referred to in the first subparagraph, the competent authorities find that the substantiation and communication of the explicit environmental claim or the environmental labelling scheme does not comply with the requirements laid down in this Directive, they shall notify the trader making the claim about the non- compliance and require that trader to take all appropriate corrective action within 360 days to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim. Such action shall be as effective and rapid as possible, while complying with the principle of proportionality and the right to be heard.
Amendment 746 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 748 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
Amendment 749 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Amendment 751 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
Amendment 752 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
Amendment 754 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point e
Article 17 – paragraph 2 – point e
Amendment 757 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point g
Article 17 – paragraph 2 – point g
Amendment 765 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Amendment 766 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point a
Article 17 – paragraph 3 – subparagraph 1 – point a
Amendment 768 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point b
Article 17 – paragraph 3 – subparagraph 1 – point b
Amendment 770 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point c
Article 17 – paragraph 3 – subparagraph 1 – point c
Amendment 771 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
Amendment 786 #
2023/0085(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Member States shall provide the information referred to in paragraph 1 to the Commission on an biannual basis.
Amendment 795 #
2023/0085(COD)
Proposal for a directive
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
(b) facilitating transition towards toxic free environment by considering introducing, on the basis of an impact assessment, a prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the society in line with the criteria to be developed by the Commisssafe and improves the sustainability of the product, in compliance with the relevant Union and national legislations;
Amendment 816 #
2023/0085(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive].
Amendment 72 #
2023/0083(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 84 #
2023/0083(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The consumer’s free choice to decide by whom to have its goods repaired should be facilitated by requesting the European Repair Information Form not only from the producer, but also from the seller of the goods concerned or from independent repairers, where applicable. Repairers should provide the European Repair Information FormAlthough consumers must be informed that a European Repair Information Form exists, repairers should provide it only where the consumer requests that form and the repairer intends to provide the repair service or it is obliged to repair. A consumer may also choose not to request the European Repair Information Form and to conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council.15 __________________ 15 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (Text with EEA relevance) (OJ L 304, 22.11.2011, p. 64–88).
Amendment 102 #
2023/0083(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Producers may fulfil their obligation to repair by sub-contracting repair, for instance, if the producer does not have the repair infrastructure or if repair can be carried out by a repairer located closer to the consumer, among othersparticularly where the producer is established outside the Union. To this end, they should provide the consumer with a list of verified repairers.
Amendment 108 #
2023/0083(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16 , according to which producers should provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice. In addition to these measures, independent repairers should be granted access to spare parts and related information on a non- discriminatory basis and at a reasonable cost, for a defined period of time. __________________ 16 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).
Amendment 109 #
2023/0083(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16, according to which producers should provide access, at a reasonable cost and in a non- discriminatory manner for a period equivalent to at least the expected lifespan of the product, to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice. __________________ 16 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).
Amendment 140 #
2023/0083(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States should ensure that consumers have easy access to the online platform allowing them to find suitable repair services for their defective goods. The online platform should also be accessible to vulnerable consumers, including persons with disabilities, in accordance with applicable Union law relating to accessibility. To this end, Member States should take steps to inform consumers of the existence of the online platform, for example through communication campaigns. The economic operators concerned should also take measures to inform consumers of the existence of the online platform, for example by displaying a link to the platform on their websites or in shops in general and when purchasing in particular.
Amendment 142 #
2023/0083(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The search function based on products may refer to the product type or brand. Since repairers cannot know the specific defect before a request to repair has been made, it is sufficient that they provide on the online platform generic information on key elements of repair services to enable consumers to decide whether to repair the good in question, in particular the average time to complete repair, the availability of temporary replacement goods, the place where the consumer hands over the goods for repair, the possibility of replacing the product under repair during the repair period and the availability of ancillary services. Repairers should be encouraged to regularly update their information on the online platform. In order to build consumer confidence in the repair services available on the online platform, repairers should be able to demonstrate their adherence to certain repair standards.
Amendment 152 #
2023/0083(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations, including organisations representing SMEs and their standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.
Amendment 167 #
2023/0083(COD)
Proposal for a directive
Recital 28 b (new)
Recital 28 b (new)
(28b) In order to encourage repair and compensate for the absence of the product during the repair period, the economic operator performing, or delegating, a repair service, should offer the consumer a new or refurbished replacement free of charge, where possible.
Amendment 200 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Producers shall provide to the repairers all available information necessary to complete the European Repair Information Form.
Amendment 250 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer.
Amendment 258 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers have access to spare parts andfor a minimum of 5 years from the placing on the market of the last unit of product, at a reasonable price, on a non- discriminatory basis and with short notice, as well as to repair-related information and tools in accordance with the Union legal acts listed in Annex II.
Amendment 259 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II, at a reasonable cost and in a non- discriminatory manner for a period equivalent to at least the expected lifespan of the product, to spare parts, repair-related information and tools.
Amendment 302 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Registration on the online platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers and for independent repairers legally framed as SMEs in accordance to Recommendation 2003/361/EC.
Amendment 315 #
2023/0083(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Micro and small and medium enterprises Member States shall take the appropriate measures to support micro and small and medium-sized enterprises within the meaning of Recommendation 2003/361/EC in applying the requirements laid down by this Directive. Such measures shall include at least: (a) guidelines to comply with requirements laid down in this Directive; (b) tailor-made training courses for entrepreneurs and their staff.
Amendment 320 #
2023/0083(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a National measures to promote repair In compliance with State aid rules, Member States shall take the appropriate measures, including those of fiscal nature, to promote the competitiveness of repair services.
Amendment 50 #
2023/0079(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed properly, increased demand for critical raw materials could lead to negative environmental, industrial and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 93 #
2023/0079(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 104 #
2023/0079(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to support the implementation of tasks pertaining to the development of Strategic Projects and their financing, exploration programmes, monitoring capacities or strategic stocks and to advise the Commission appropriately, a European Critical Raw Materials Board should be established. The Board should be composed of Member States and of the Commission, while being able to ensure participation of other parties as observers. To develop the necessary expertise for the implementation of certain tasks, the Board should establish standing sub-groups on financing, exploration, monitoring and strategic stocks, that should act as a network by gathering the different relevant national authorities, economic operators and, when necessary, consult industry, academia, civil society and other relevant stakeholders. TWhe Board’s advice and opinions should be non-binding and the absence of such an advice or opinion should not prevent the Commission from performing its tasks under this Regulatn performing its tasks under this Regulation, the Commission should take the utmost account of the Board's advice and opinions.
Amendment 106 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The general objective of this Regulation is to improve the functioning of the internal market by establishing a framework to ensure the Union's access to ainternationally competitive, efficient, secure and sustainable supply of critical raw materials.
Amendment 123 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 147 #
2023/0079(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall review and, if necessary, update the list of strategic raw materials by [OP please insert: fourthe second years after the date of entry into force of this Regulation], and every 4 fourtwo years thereafter.
Amendment 148 #
2023/0079(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 (new)
Article 3 – paragraph 3 – subparagraph 1 (new)
By derogation from Paragraph 3 of this Article, the Commission shall add additional raw materials on the list upon request of the Board if the Board or the Commission detects while exercising the monitoring, stress testing and information obligations under Articles 19(1), 19(2) and 20 of this regulation changes in supply and access to specific raw materials that risk endangering the targets set out in Article 1(2).
Amendment 150 #
2023/0079(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Commission shall review and, if necessary, update the list of critical raw materials by [OP please insert: fourtwo years after the date of entry into force of this Regulation], and every 4 fourtwo years thereafter.
Amendment 151 #
2023/0079(COD)
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1 (new)
Article 4 – paragraph 4 – subparagraph 1 (new)
By derogation from Paragraph 3 of this Article, the Commission shall add additional raw materials on the list upon request of the Board if the Board or the Commission detects while exercising the monitoring, stress testing and information obligations under Articles 19(1), 19(2) and 20 of this regulation changes in supply and access to specific raw materials that risk endangering the targets set out in Article 1(2).
Amendment 173 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) a timetable for the implementation of the project, including, if possible, an overview of the permits required for the project and the status of the corresponding permit granting process;
Amendment 193 #
2023/0079(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. With regard to the environmental impacts addressed in Articles 6(4) and 16(1)(c)I of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC, Strategic Projects in the Union shall be considered as being of public interest or serving public health and safety, and may be considered as having an overriding public interest provided that all the conditions set out in those Directives are fulfilledhaving an overriding public interest in the above directives provided that all the conditions set out in those Directives are fulfilled, with the exception of the obligation to consider alternative solutions and compensatory measures as laid down in article 6(4) of Directive 92/43/EEC.
Amendment 257 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available on a free access website while preserving commercially sensitive information.. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 263 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The Commission, with the support of permanent sub-group established pursuant to Article 35(6) letter e, shall monitor supply risk related to critical raw materials. That monitoring shall cover at least the evolution of the following parameters:
Amendment 272 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
The Commission, in collaboration with the national authorities participating in the standing sub-group referred to in Article 35(6), point (c), shall ensure that a stress test is performed for each strategic raw material’s supply chain: (a) at least every three years; (b) whenever one of the national authorities or the Board indicates a potential risk of a supply chain disruption; (c) whenever the strategic stocks of Article 21 are deemed unsafe pursuant to the benchmark mentioned in Article 22. To that end, the standing sub-group referred to in Article 35(6), point (c) shall coordinate and divide the implementation of stress tests for the different strategic raw materials by the different participating authorities.
Amendment 281 #
2023/0079(COD)
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States, after consultation with the social partners, including representatives of SMEs, shall identify key market operators along the critical raw materials value chain established in their territory and shall:
Amendment 285 #
2023/0079(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 296 #
2023/0079(COD)
Proposal for a regulation
Article 24 – paragraph 9 – subparagraph 1 (new)
Article 24 – paragraph 9 – subparagraph 1 (new)
In setting up and operating the system the Commission shall consult and take in due consideration the opinion of the permanent sub-group established pursuant to Article 35(6) letter e.
Amendment 337 #
2023/0079(COD)
Proposal for a regulation
Article 30 – paragraph 9 – subparagraph 2 a (new)
Article 30 – paragraph 9 – subparagraph 2 a (new)
When the Commission adopts calculation and verification rules for a specific critical raw material, a transitional period of two years shall apply before the delegated act enters into force.
Amendment 393 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 3 – point b a (new)
Article 33 – paragraph 3 – point b a (new)
(ba) Following the identification of strategic projects with third countries, the Board shall rapidly establish structured communication with the Strategic Partnerships countries to identify the modalities of cooperation, relevant stakeholders and procedures.
Amendment 413 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
Amendment 420 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Amendment 220 #
2023/0053(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The minimum ages of applicants for the different categories of driving licences should be set at Union level. Nevertheless,are set by individual Member States. Member States should beare also allowed to set a higher age limit for the driving of certain categories of vehicles in order to further promote road safety. Member States should in exceptional circumstances be allowedare free to set lower age limits in order to take account of national circumstances. In particular, to allow the driving of fire service, rescue service and public order maintenance related vehicles or pilot projects related to new vehicle technologies.
Amendment 227 #
2023/0053(COD)
Proposal for a directive
Recital 18
Recital 18
(18) On the grounds of road safety, compulsory training, regulated at national level, is required in order to obtain a driving licence. Furthermore, it is necessary to lay down the minimum requirements for the issue of a driving licence. Standards for driving tests and licensing should be harmonised. To that end, the knowledge, skills and behaviour connected with driving power-driven vehicles should be specified, the driving test should be based on these concepts and the minimum standards of physical and mental fitness for driving such vehicles should be specified.
Amendment 244 #
2023/0053(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) The Commission should be empowered to identify third countries that ensure a comparable level of training when issuing certificates similar to the European Certificate of Competence (CPC), allowing the holders of those certificates to exchange them with a European CPC, on condition that they undertake an additional competence training.
Amendment 284 #
2023/0053(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
(12a) ‘alternatively fuelled vehicle’ shall mean a motor vehicle powered wholly or in part by an alternative fuel and which has been approved under the framework of Regulation EU 2018/858. ‘Alternative fuels’ shall mean fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector, consisting of: (a) electricity consumed in all types of electric vehicles; (b) hydrogen; (c) natural gas, including biomethane, in gaseous form (Compressed Natural Gas — CNG) and liquefied form (Liquefied Natural Gas — LNG); (d) Liquefied Petroleum Gas (LPG); (e) mechanical energy from on- board storage/on-board sources, including waste heat;
Amendment 330 #
2023/0053(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c – point viii – indent 1
Article 6 – paragraph 1 – point c – point viii – indent 1
– motor vehicles designed and constructed for the carriage of no more than 1622 passengers in addition to the driver and with a maximum length not exceeding 8 meters.
Amendment 340 #
2023/0053(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) E-scooter: – A vehicle with one or more wheels equipped with a single seat and powered exclusively by electric motors that can provide the vehicle with a maximum design speed between 6 and 25 km/h. They can only be equipped with a seat or saddle if they have a self-balancing system. Vehicles without a self-balancing system and with a saddle, vehicles designed for competition, vehicles for people with reduced mobility, and vehicles with a working voltage greater than 100 VDC or 240 VAC, as well as those included within the scope of Regulation (EU) No. 168/2013 of the European Parliament and the Council, of January 15, 2013, are excluded from this definition.
Amendment 364 #
2023/0053(COD)
Proposal for a directive
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) 241 years for categories D and DE.
Amendment 378 #
2023/0053(COD)
Proposal for a directive
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Member States may lower the minimum age for category C to 18 years and forand category D to 218 years with regard to:
Amendment 406 #
2023/0053(COD)
Proposal for a directive
Article 9 – paragraph 2 – point g a (new)
Article 9 – paragraph 2 – point g a (new)
(ga) The permit issued for any category will also be valid for e-scooter category permits, without the need to comply with the provisions of paragraph 1a of Article 10.
Amendment 411 #
2023/0053(COD)
Proposal for a directive
Article 9 – paragraph 2 – point h
Article 9 – paragraph 2 – point h
(h) two years after a driving licence, granted for category B, was issued for the first time it shall be valid for driving the alternatively fuelled vehicles referred to in Article 2 of Council Directive 96/53/EC63 and special purpose vehicles provided that it is a motor caravan as defined in Annex I, Part A, point 5.1 to Regulation (EU) 2018/858 of the European Parliament and of the Council with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer. __________________ 63 Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59).
Amendment 425 #
2023/0053(COD)
Proposal for a directive
Article 9 – paragraph 2 – point h a (new)
Article 9 – paragraph 2 – point h a (new)
(ha) two years after a driving licence, grated for category C1, was issued for the first time it shall be valid for driving the alternatively fuelled vehicles referred to in Article 2 (13) with a maximum authorized mass above 7 500 kg but not exceeding 8 250 kg without a trailer. Motor vehicles in this category may be combined with a trailer having maximum authorized mass which does not exceed 750 kg.
Amendment 431 #
2023/0053(COD)
Proposal for a directive
Article 9 – paragraph 2 – point h b (new)
Article 9 – paragraph 2 – point h b (new)
(hb) two years after a driving licence, grated for category C1E, was issued for the first time it shall be valid for driving the alternatively fuelled vehicles referred to in Article 2 (13) with a maximum authorised mass above 7 500 kg but not exceeding 8 250 kg without a trailer. Motor vehicles in this category may be combined with a trailer or semi-trailer of maximum authorized mass of over 750 kg provided that the authorized mass of the combination does not exceed 12 750 kg.
Amendment 463 #
2023/0053(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 6
Article 10 – paragraph 2 – subparagraph 6
Member States shall reduce the periods of administrative validity set out in the first subparagraph as follows: (i) to five years or less for driving licences of holders residing on their territory having reached the age of 70, in order to; to two years or less for driving licences of holders residing on their territory having reached the age of 75; to one year or less for driving licences of holders residing on their territory having reached the age of 80. These provisions aims at applying an increased frequency of medical checks or other specific measures, including refresher courses. Thisese reduced periods of administrative validity shall only be applied upon renewal of the driving licence.
Amendment 478 #
2023/0053(COD)
Proposal for a directive
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
When issuing or renewing driving licences in categories AM, A, A1, A2, B, B1 and BE, Member States mayshall require an examination applying the minimum standards of physical and mental fitness for driving set out in Annex III instead of the self-assessment laid down in point 3 of that Annex. In that case, the medical examination shall cover all the medical incapacities mentioned in Annex III.
Amendment 495 #
2023/0053(COD)
Proposal for a directive
Article 12 – paragraph 8 a (new)
Article 12 – paragraph 8 a (new)
8a. The Commission may assess whether a third country has professional driver training and/or certification rules and examination procedures that are wholly or partially comparable to those of the Union, as well as a level of road safety, which would justify allowing the holder of a Certificate of Professional Competence (CPC), or equivalent issued by the third country to be exchanged for a new CPC, issued by a Member State. On the basis of the assessment, the Commission may adopt an implementing act allowing this exchange on condition that the holder of the CPC completes additional competence training up to 35 hours to be conducted in the most practicable language, with, if necessary, appropriate language support, in line with the provisions of the EU Driver Training Directive (EU) 2022/2561, to ensure high level of competence and road safety. Member States shall have six months to provide their opinion on the Commission assessment regarding a third country. The implementing act shall not apply until the Commission has received an opinion from all Member States or until six months from the entry into force of the implementing act concerned, whichever is the earlier.
Amendment 506 #
2023/0053(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By way of derogation from Article 7(1), points (b) and (d) respectively, Member States shall issue driving licences, in accordance with Article 10(1), for categories BC, CE and CD marked with the Union code 98.02 specified in Annex I, Part E, to applicants who have reached the age of 17 years.
Amendment 517 #
2023/0053(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. By way of derogation from Article 7(1), points (b), Member States shall issue driving licences, in accordance with Article 10(1), for categories B marked with the Union code 98.02 specified in Annex I, Part E, to applicants who have reached the age of 15 years.
Amendment 530 #
2023/0053(COD)
Proposal for a directive
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
(e) in the case of a vehicle of category C, CE or D has the qualification and training provided by Directive (EU) 2022/2561.
Amendment 537 #
2023/0053(COD)
Proposal for a directive
Article 14 – paragraph 2 – point e a (new)
Article 14 – paragraph 2 – point e a (new)
(ea) In case a driver of a vehicle category C, CE and D, has undergone a dedicated 7-hour training course to learn the necessary professional and pedagogical skills, as part of their periodic CPC training. Member States may decide to increase the duration of the training to 14 hours.
Amendment 544 #
2023/0053(COD)
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
Amendment 556 #
2023/0053(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
(2) Member States shall lay down rules on penalties for novice drivers who drive with a blood alcohol level exceeding 0.05g/mL and take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non‐discriminatory.
Amendment 604 #
2023/0053(COD)
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
Directive (EU) 2022/2561
Article 5 – paragraph 3 (a)
Article 5 – paragraph 3 (a)
In Article 5, paragraph 3, point a, is replaced by the following: "3. Drivers of a vehicle intended for the carriage of passengers may drive: (a) from the age of 21: (i) a vehicle in driving licence categories D and D + E to carry passengers on regular services where the route does not exceed 50 kilometres and a vehicle in driving licence categories D1 and D1 + E, provided that they hold a CPC as referred to in Article 6(2). Any Member State may authorise drivers of vehicles in one of those categories to drive such vehicles within its territory from the age of 18, provided that they hold a CPC as referred to in Article 6(1); (ii) a vehicle in driving licence categories D and D + E, provided that they hold a CPC as referred to in Article 6(1). Any Member State may authorise drivers of vehicles in one of those categories to drive such vehicles within its territory from the age of 20, provided that they hold a CPC as referred to in Article 6(1). This may be reduced to the age of 18 where the driver drives such vehicles without passengers;lower the minimum age for categories D and DE for professional bus and coach drivers to 18 years on their territory, provided that drivers have undergone a full professional training and are holders of a Certificate for Professional Competence (CPC) according to the provisions of Article 6(1), of Directive (EU) 2022/2561;"
Amendment 653 #
2023/0053(COD)
Proposal for a directive
Annex II – Part I – point B – point 5 – point 1 – point c – paragraph 1
Annex II – Part I – point B – point 5 – point 1 – point c – paragraph 1
The Union code (78) shall not be marked on a driving licence of category A1, A2, A, B1, B and BE issued on the basis of a test of skills and behaviour taken on a vehicle with automatic transmission shall be removed if the holder passes a dedicated test of skills and behaviour or completes a dedicated training or B, or shall be removed accordingly, if the applicant or holder passes a dedicated test of skills and behaviour or completes a dedicated training, which may take place before or after the test of skills and behaviour taken on a vehicle with automatic transmission.
Amendment 736 #
2023/0053(COD)
Proposal for a directive
Annex III – point 3 – paragraph 1
Annex III – point 3 – paragraph 1
Applicants shall perform a self-assessment of theirundergo a general physical and mental fitness check for driving a power-driven vehicle, along with an appropriate examination for eyesight as described in point 6.
Amendment 738 #
2023/0053(COD)
Proposal for a directive
Annex III – point 3 – paragraph 2
Annex III – point 3 – paragraph 2
Amendment 745 #
2023/0053(COD)
Proposal for a directive
Annex III – point 3 – paragraph 3 a (new)
Annex III – point 3 – paragraph 3 a (new)
The standards and procedures set by Member States for the issuance or any subsequent renewal of driving licences may be stricter than those set out in this Annex.
Amendment 752 #
2023/0053(COD)
Proposal for a directive
Annex III – point 6 – paragraph 1
Annex III – point 6 – paragraph 1
All applicants for a driving licence and upon renewal shall undergo an appropriate investigation to ensure that they have adequate visual acuityby a qualified eye care professionals authorised by national law to ensure that they have adequate visual acuity measured by means of a validated visual acuity chart and field of vision for driving power- driven vehicles. Where there is reason to doubt that the applicant’s vision is adequate, he/she should be examined by a competent medical authority including any appropriately trained and qualified eye care professional authorised by national law. At this examination attention shall be paid, in particular, to the following: visual acuity, field of vision, twilight vision, glare and contrast sensitivity, diplopia and other visual functions that can compromise safe driving.
Amendment 754 #
2023/0053(COD)
Proposal for a directive
Annex III – point 6 – paragraph 2
Annex III – point 6 – paragraph 2
For group 1 drivers, licensing may be considered in ‘exceptional individual cases’ where the visual field standard or visual acuity standard cannot be met but there are reasons to believe that the issuance of a driving licence for the applicant would not impair road safety; in such cases the driver shall undergo examination by a competent medical authority, including any appropriately trained and qualified eye care professional authorised by national law, to demonstrate that there is no other impairment of visual function, including glare, contrast sensitivity and twilight vision. The driver or applicant shall also be subject to a positive practical test conducted by a competent authority.
Amendment 756 #
2023/0053(COD)
Proposal for a directive
Annex III – point 6 – paragraph 3 – point 1 – paragraph 1
Annex III – point 6 – paragraph 3 – point 1 – paragraph 1
Applicants for a driving licence or for the renewal of such a licence shall have a binocular visual acuity, with corrective lenses if necessary, of at least 0,5 (decimal notation) when using both eyes together.
Amendment 757 #
2023/0053(COD)
Proposal for a directive
Annex III – point 6 – paragraph 3 – point 2
Annex III – point 6 – paragraph 3 – point 2
(2) Applicants for a driving licence, or for the renewal of such a licence, who have total functional loss of vision in one eye or who use only one eye (for instance in the case of diplopia) shall have a visual acuity of at least 0,5 (decimal notation), with corrective lenses if necessary. The competent medical authority shall certify that this condition of monocular vision has existed for a sufficiently long time to allow adaptation and that the field of vision in this eye meets the requirement laid down in point 6.(1).
Amendment 759 #
2023/0053(COD)
Proposal for a directive
Annex III – point 6 – paragraph 4 – point 4 – paragraph 1
Annex III – point 6 – paragraph 4 – point 4 – paragraph 1
Applicants for a driving licence or for the renewal of such a licence shall have a visual acuity, with corrective lenses if necessary, of at least 0,8 (decimal notation) in the better eye and at least 0,1 (decimal notation) in the worse eye. If corrective lenses are used to attain the values of 0,8 and 0,1(decimal notation) and 0,1 (decimal notation), the minimum acuity (0,8 and 0,1 [decimal notation]) shall be achieved either by correction by means of glasses with a power not exceeding plus eight dioptres, or with the aid of contact lenses. The correction must be well tolerated.
Amendment 793 #
2023/0053(COD)
Proposal for a directive
Annex VI a (new)
Annex VI a (new)
Amendment 69 #
2023/0042(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The REPowerEU Communication13 outlined a plan to make the Union independent from Russian fossil fuels well before the end of this decade. The Communication highlights the importance, among others, of further increasing the efficiency and reducing fossil consumption in the transport sector, where electrification can be combined with the use of fossil-free renewable fuels, including hydrogen to replace fossil fuels. __________________ 13 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, REPowerEU Plan, COM(2022)230 final of 18.5.2022.
Amendment 74 #
2023/0042(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to contribute to the reduction in net greenhouse gas emissions of at least 55 % by 2030 compared to 1990 and in conformity with the energy efficiency first principle, it is necessary to strengthenassess the reduction requirements set out in Regulation (EU) 2019/1242 for heavy-duty vehicles, by an intensive use of carbon neutral fuels. A clear pathway also needs to be set for further reductions beyond 2030 to contribute to achieving the climate neutrality objective by 2050.
Amendment 77 #
2023/0042(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Strengthening CO2 emission reduction requirements for heavy-duty vehicles and rolling-out the necessary recharging and refuelling infrastructure will play a key role in reducing the emissions of the entire heavy-duty vehicles fleet to zero as soon as possible and by 2050 at the very latest, but it should also be complemented by other initiatives aiming at accelerating a modal shift from road to rail and increasing rail freight.
Amendment 82 #
2023/0042(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The strengthened CO2 emission reduction requirements should incentivise an increasing share of zero-emission vehicles being deployed on the Union market whilst providing benefits to users and citizens in terms of air quality and energy savings, as well as ensuring that innovation in the automotive value chain can be maintained. Zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen-powered vehicles, and technological innovations are continuing.
Amendment 84 #
2023/0042(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Following consultation with stakeholders, at the latest one year after the entry into force of the regulation, the Commission should make a proposal for registering heavy-duty vehicles running exclusively on CO2 neutral fuels for compliance purposes in conformity with EU law and with the Union’s climate neutrality objective.
Amendment 92 #
2023/0042(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Against that background, new strengthened CO2 emission reduction targets should be set for new consistent with the avy-duty vehicles for the period 2030 onwards. Those targets should be set at a level that will deliver a strong signal to accelerateailability of enabling conditions, namely sufficiently dense network of alternative fuels infrastructure, with the aim of promoting the uptake of zero-emission vehicles on the Union market and to stimulate innovation in zero-emission technologies in a cost- efficient way.
Amendment 109 #
2023/0042(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Due to the heterogeneous structure of the total truck fleet, it is not possible to fully predict whether for all niche uses, technological developments will be quick enough to ensure that zero-emission tailpipe technology isand that vehicles powered by carbon neutral fuels are a viable choice. This may include uses such as long-haul heavy- duty vehicles in specific territorial morphology and meteorological circumstances, coaches and lorries for critical security and safety applications that cannot be fulfilled by zero-emission tailpipe technologies. The vehicles in question should constitute a limin adequated share of the entire heavy-duty vehicle fleet, on the basis of typology of missions. In view of such considerations, some margin in the 204028 target should be left to accommodate developments in technology yet to occur. For this reason it is vital to consider the full life-cycle CO2 emissions from heavy-duty vehicles at Union level. Therefore, at the latest one year after the entry into force of the Regulation, the Commission should evaluate the possibility of developing a common Union methodology for the assessment and the consistent data reporting of the full life-cycle CO2 emissions of heavy-duty vehicles placed on the Union market. Where appropriate, the Commission should adopt follow-up measures, including legislative proposals.
Amendment 123 #
2023/0042(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) With the stricter Union fleet-wide targets from 2030 onwards, manufacturers will have to deploy significantly more zero-emission vehicles on the Union market. In that context, the incentive mechanism for zero- and low-emission vehicles (‘ZLEV’) would no longer serve its original purpose and would risk undermining the effectiveness of Regulation (EU) 2019/1242. The ZLEV incentive mechanism should therefore be removed as of 20340.
Amendment 139 #
2023/0042(COD)
Proposal for a regulation
Recital 21 – paragraph 5
Recital 21 – paragraph 5
Vocational vehicles, such as garbage trucks, tippers or concrete mixers, should continue to be exempted from the calculation of average specific CO2 emissions of manufacturers. On the other hand, zero-and-Low emission vocational vehicles could be used for the purpose of this Regulation and for the purpose of determining manufacturer's compliance with its specific CO2 emissions targets.
Amendment 143 #
2023/0042(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 161 #
2023/0042(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The zero- and low-emission factor should last be applied for the reporting period of the year 20239, because it is no longer considered necessary after that time as an incein order to contivnue to promote the market entrance of zero-emission vehicles in HDV sector.
Amendment 173 #
2023/0042(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 175 #
2023/0042(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Furthermore, in order to strengthen the development of new zero-emission technologies powered by carbon neutral fuels in specialized small- and medium- sized companies, it should also be possible to transfer zero-emission and vehicles powered by carbon neutral fuels between non-connected entities.
Amendment 188 #
2023/0042(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) This regulation aims to accelerate the transition towards carbon neutral mobility in a technologically neutral way. As a complement to the efforts towards an increasing availability of zero emission vehicles, a mechanism based on a carbon correction factor is introduced to duly account the contribution from the use of sustainable renewable transport fuels including biofuels, biomass fuels as well as RFNBOs when assessing the compliance with CO2 emissions reductions of newly registered heavy-duty vehicles.
Amendment 194 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) 2019/1242
Article 2 – paragraph 1 – subparagraph 1 – point b
Article 2 – paragraph 1 – subparagraph 1 – point b
(b) N1, which do not fall under Regulation (EU) 2019/631, N22 with a technically permissible maximum laden mass above 5 tons and N3;
Amendment 197 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) 2019/1242
Article 2 – paragraph 1 – subparagraph 1 – point c
Article 2 – paragraph 1 – subparagraph 1 – point c
(c) O3 and O4. It shall also apply, for the purposes of this Regulation, to zero-and-low emission vocational vehicles.
Amendment 209 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point g
Article 1 – paragraph 1 – point 3 – point g
Regulation (EU) 2019/1242
Article 3 – paragraph 3 – point g – point 11
Article 3 – paragraph 3 – point g – point 11
(a) a heavy-duty motor vehicle with not more than 51 g/(t∙km) or 51 g/(p∙km) of CO2 emissions as determined in accordance with Article 9 of Regulation (EU) 2017/2400 and vehicles powered by renewable fuels;
Amendment 229 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) 2019/1242
Article 3 – paragraph 1 – point 23 a (new)
Article 3 – paragraph 1 – point 23 a (new)
(23a) “CO2 Neutral Fuel” means a biofuel, biogas, biomass fuel, Renewable liquid and gaseous transport Fuel of Non Biological Origin (RFNBO) or a Recycled Carbon Fuel (RCF), as defined by Directive 2018/2001, where the emissions of the fuel in use e(u) can be taken to be net zero, meaning that the CO2 equivalent of the carbon incorporated in the chemical composition of the fuel in use e(u) is of biogenic origin, or has been avoided being emitted as CO2 into the atmosphere or has avoided its existing fate;
Amendment 235 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) 2019/1242
Article 3 – paragraph 1 – point 23 b (new)
Article 3 – paragraph 1 – point 23 b (new)
(23b) ‘CO2 Neutral Fuel’ means a renewable and/or synthetic fuel as defined by Directive 2018/2001 including biofuel, biogas, biomass fuel, Renewable liquid and gaseous transport Fuel of Non Biological Origin – RFNBO or Recycled Carbon Fuel – RCF, where the emissions of the fuel in use (eu) can be taken to be net zero, meaning that the CO2 equivalent of the carbon incorporated in the chemical composition of the fuel in use eu is of biogenic origin and/or has been avoided being emitted as CO2 into the atmosphere or has been captured from ambient air or has avoided its existing fate. Other renewable and/or synthetic fuels not listed in Directive 2018/2001 can fulfil this definition provided that they meet the above criteria and the sustainability criteria of said Directive and associated delegated acts. A mixture of two or more CO2 Neutral Fuels is considered a CO2 Neutral Fuel;
Amendment 245 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) 2019/1242
Article 3 – paragraph 1 – point 23 c (new)
Article 3 – paragraph 1 – point 23 c (new)
(23c) ‘Carbon Correction Factor (CCF)’ means a factor which applies a correction to the CO2 tailpipe emissions of vehicles for compliance assessment, to reflect the GHG emission intensity and the share of CO2 Neutral Fuels, as defined in paragraph 79 of this article;
Amendment 250 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point j
Article 1 – paragraph 1 – point 3 – point j
Regulation (EU) 2019/1242
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 258 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3a – paragraph 1 – point (b)
Article 3a – paragraph 1 – point (b)
(b) for all vehicle sub-groups for the reporting periods of the years 2030 to 2034 by 4530 %, including vehicles 100% powered by carbon neutral fuels.
Amendment 273 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3a – paragraph 1 – point c
Article 3a – paragraph 1 – point c
(c) for all vehicle sub-groups for the reporting periods of the years 2035 to 2039 by 65 %,45%, including vehicles 100% powered by carbon neutral fuels.
Amendment 290 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3a – paragraph 1 – point d
Article 3a – paragraph 1 – point d
(d) for all vehicle sub-groups for the reporting periods of the years 2040 onwards by 970%, including vehicles 100% powered by carbon neutral fuels.
Amendment 326 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3b – paragraph 1
Article 3b – paragraph 1
1. For vehicles referred to in point 4.2 of Annex I, manufacturers shall comply with the minimum shares of zero-emission vehicles in their fleet of new heavy-duty vehicles as laid down in point 4.3 of Annex I. For new urban buses the share of zero- emissions vehicles shall be 80% as from the reporting period of the year 2030 and 100% as from the reporting period of the year 20305.;
Amendment 336 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
2. Member States may decide to exclude from the obligation under this Article a limited share of the urban buses registered in each reporting period, confirming that the purpose of the vehicle cannot be equally served by a zero-emission vehicle or vehicles powered by carbon neutral fuels and it is thus in the public interest to register a non- zero emission vehicle to fulfil that purpose, due to socio-economic cost-benefit in view of specific territorial morphology or meteorological circumstances.
Amendment 364 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/1242
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
(a) the data reported for the manufacturer’s new heavy-duty vehicles registered in the preceding reporting period including zero-and-low emission vocational vehicles; and;
Amendment 368 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2019/1242
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(5a) Following consultation with stakeholders, at the latest one year after the entry into force of the regulation, the Commission shall make a proposal for registering heavy-duty vehicles running exclusively on CO2 neutral fuels for compliance purposes in conformity with EU law and with the Union’s climate neutrality objective;
Amendment 382 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EU) 2019/1242
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Starting from 1 July 2020 and for each subsequent reporting period until the reporting period of the year 2029, the Commission shall determine for each manufacturer the zero- and low-emission factor for the preceding reporting period.
Amendment 392 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EU) 2019/1242
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The zero-emission and low- emission factor shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 3 10%. The contribution to that factor of the zero-emission vehicles of category N, other than those in vehicles sub-groups 4-UD, 4-RD, 4-LH, 5-RD, 5- LH, 9-RD, 9-LH, 10-RD, 10-LH, shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 1,5 3%.;
Amendment 395 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2019/1242
Article 6a – paragraph 1 – point b
Article 6a – paragraph 1 – point b
Amendment 399 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2019/1242
Article 6a – paragraph 1 – subparagraph 1– point c
Article 6a – paragraph 1 – subparagraph 1– point c
(c) for transfers of zero-emission vehicles and vehicles powered by carbon neutral fuels between manufacturers not belonging to a group of connected manufacturers: the number of zero- emissions vehicles transferred to a manufacturer must not exceed 5 % of all its new heavy-duty vehicles registered in a given reporting period.
Amendment 412 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Article 1 – paragraph 1 – point 9 – point d
Regulation (EU) 2019/1242
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
Emission credits and emission debts acquired in the reporting periods of the years 2025 to 2039 shall, where applicable, be carried over from one reporting period to the next reporting period. However, any remaining emission debts shall be cleared in the reporting periods of the year 2029, 2034 and 2039.;
Amendment 421 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Regulation (EU) 2019/1242
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) where, in any of the reporting periods of the years 2025 to 2028, 2030 to 2033, 2035 to 2038 the sum of the emission debts reduced by the sum of the emission credits exceeds the emission debt limit referred to in Article 7(1), third subparagraph;
Amendment 428 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Regulation (EU) 2019/1242
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 435 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) 2019/1242
Article 13 f – paragraph 4
Article 13 f – paragraph 4
4. The amounts of the administrative fines shall be considered as revenue for the general budget of the Union.’Social Climate Fund’s specific budgetary line for ‘support for goods and workers in the automotive sector’.
Amendment 450 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2019/1242
Article 15
Article 15
The Commission shall, in 20287, review the effectiveness and impact of this Regulation and submit a report to the European Parliament and to the Council with the result of the review. ’ In this report, the Commission shall assess in particular, but not limited to, the following elements: (a) registrations of zero-emission heavy- duty vehicles in Member States; (b) the deployment of charging and refuelling infrastructure suitable for heavy-duty vehicles in Member States along the entire European road and motorway network [REFERENCE TO XXX AFIR]; (c) the implementation of road user charges differentiated by CO2 emissions in Member States [REFERENCE TO XXX Eurovignette]; (d) the level of the average price of allowances under the new emissions trading system covering road transport [REFERENCE TO XXX ETS2]; (e) measures to support haulage companies in renewing their fleets of vehicles; (f) Based on the results of the above assessment and on the evidence of lack of any of the above conditions, the Commission should consider making a proposal to review the CO2 targets and waive the excess CO2 emissions premiums as set out in Article 8 of this Regulation.
Amendment 458 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2019/1242
Article 15 – paragraph 1
Article 15 – paragraph 1
The Commission shall, in 20287, review the effectiveness and impact of this Regulation and submit a report to the European Parliament and to the Council with the result of the review.
Amendment 463 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2019/1242
Article 15 – paragraph 2
Article 15 – paragraph 2
The report shall, where appropriate, be accompanied by a proposal for amending this Regulation. The Commission shall report to the European Parliament and to the Council on the state of the enabling conditions for the market adoption of zero-emission heavy-duty vehicles in the Union. In this report, the Commission shall assess in particular, but not limited to, the following elements: (a) registrations of zero-emission heavy- duty vehicles in Member States; (b) the deployment of charging and refuelling infrastructure suitable for heavy-duty vehicles in Member States [REFERENCE TO XXX AFIR]; (c) the implementation of road user charges differentiated by CO2 emissions in Member States [REFERENCE TO XXX Eurovignette]; (d) the level of the average price of allowances under the new the emissions trading system covering road transport [REFERENCE TO XXX ETS2]; (e) other measures that support the uptake of zero-emission heavy-duty vehicles. Based on the results of the above assessment and on the evidence of lack of any of the above of conditions, the CO2 targets should be reviewed and excess CO2 emissions premiums according to Art. 8 of this Regulation be waived.
Amendment 469 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 a (new)
Article 1 – paragraph 1 – point 18 a (new)
Regulation (EU) 2019/1242
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
(18a) At the latest one year after the entry into force of the regulation, the Commission shall evaluate the possibility of developing a common Union methodology for the assessment, and the consistent data reporting, of the full life- cycle CO2 emissions of new heavy-duty vehicles placed on the Union market. The Commission shall transmit that evaluation to the European Parliament and to the Council and complement it, where appropriate, by follow-up measures such as legislative proposals.
Amendment 471 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point a
Article 1 – paragraph 1 – point 19 – point a
Regulation (EU) 2019/1242
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The power to adopt delegated acts referred to in Article 3b, Article 4 bis, Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13e(4), Article 13f(2) and Article 14(1) shall be conferred on the Commission for a period of five years from [OP, please insert the date of entry into force of this Regulation].;
Amendment 473 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Regulation (EU) 2019/1242
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
The delegation of power referred to in Article 4bis, Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13e(4), Article 13f(2) and Article 14(1) may be revoked at any time by the European Parliament or by the Council.;
Amendment 475 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Regulation (EU) 2019/1242
Article 17 – paragraph 6 – point c
Article 17 – paragraph 6 – point c
(c) in paragraph (6), “ Article 4 (bis), Article 11(2), the second subparagraph of Article 13(4) and Article 14(1)” is replaced by the following: “Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13f(2) and Article 14(1)”;
Amendment 484 #
2023/0042(COD)
Proposal for a regulation
Annex I – point 2 – point 2.3 – point 2.3.2 – paragraph 1
Annex I – point 2 – point 2.3 – point 2.3.2 – paragraph 1
Regulation (EU) 2019/1242
Annex I – point 2 – point 2.3
Annex I – point 2 – point 2.3
Reporting periods from 2025 to 2029onwards
Amendment 494 #
2023/0042(COD)
Proposal for a regulation
Annex I – point 2 – point 2.3 – point 2.3.3
Annex I – point 2 – point 2.3 – point 2.3.3
Regulation (EU) 2019/1242
Annex I – point 2 – point 2.3
Annex I – point 2 – point 2.3
Amendment 498 #
2023/0042(COD)
Proposal for a regulation
Annex I – point 2 – point 2.4 – paragraph 5 – subparagraph 3
Annex I – point 2 – point 2.4 – paragraph 5 – subparagraph 3
Regulation (EU) 2019/1242
Annex I – point 2 – point 2.4
Annex I – point 2 – point 2.4
Vsg is the number of new heavy-duty vehicles of the manufacturer, including zero-and-low vocational vehicles in a subgroup sg;
Amendment 500 #
2023/0042(COD)
Proposal for a regulation
Annex I – point 2 – point 2.4 – paragraph 5 – subparagraph 4
Annex I – point 2 – point 2.4 – paragraph 5 – subparagraph 4
Regulation (EU) 2019/1242
Annex I – point 2 – point 2.4
Annex I – point 2 – point 2.4
V is the number of new heavy-duty vehicles of the manufacturer including zero-and-low vocational vehicles.
Amendment 526 #
2023/0042(COD)
Proposal for a regulation
Annex I – paragraph 2 – subparagraph 2.1
Annex I – paragraph 2 – subparagraph 2.1
2.1. Calculation of the specific CO2 emissions of a new heavy-duty vehicle The specific emissions in g/km of a new heavy-duty vehicle v attributed to a sub-group sg or of its primary vehicle shall be calculated in accordance with the following formula: 𝐶𝑂2𝑣 = ∑𝑊 𝑚𝑝 𝑚𝑝 𝑠𝑔,𝑚𝑝 × 𝐶𝑂2𝑣,𝑚𝑝 × (𝟏 ― 𝐂𝐂𝐅𝐢) 𝐶𝑂2p𝑣 = ∑𝑊 𝑚𝑝 𝑚𝑝 𝑠𝑔,𝑚𝑝 × 𝐶𝑂2p𝑣,𝑚𝑝 × (𝟏 ― 𝐂𝐂𝐅𝐢) Where, ∑𝑚𝑝 is the sum over all mission profiles mp listed in Table 2; sg is the sub-group to which the new heavy-duty vehicle v has been attributed according to Section 1 of this Annex; Wsg,mp, is the mission profile weight specified in points 2.1.1 to 2.1.3; CO2v,mp is the CO2 emissions in g/km of the new heavy-duty vehicle v determined for a mission profile mp, reported in accordance with Articles 13a and 13b and normalised pursuant to Annex III; CO2pv,mp is the CO2 emissions in g/km of the primary vehicle of the new heavy-duty vehicle v, determined for a mission profile mp, reported in accordance with Articles 13a and 13b; CCFi is the Carbon Correction Factor for the fuel or blend of fuels in use i, as defined in article 3 point (25) and calculated according to paragraph 7 of this Annex. For zero-emissions motor vehicles the values of CO2v,mp and CO2pv,mp shall be set to 0.
Amendment 532 #
2023/0042(COD)
Amendment 547 #
2023/0042(COD)
Proposal for a regulation
Paragraph 4 – subparagraph 4.1. – table 4.2.
Paragraph 4 – subparagraph 4.1. – table 4.2.
4.2. Vehicle sub-groups included in the calculation of average specific CO2 emissions and specific emissions targets of manufacturers X = 2025 X= NO X = MCO2 X= MZE vehicle sub- sub-groups of sub-groups of sub-groups of transport of persons groups, subject transport of transport of vehicles, subject to zero-emissions to CO2 goods vehicles, persons vehicle targets according to Article emissions subject to CO2 vehicles, 3b targets emissions subject to CO2 according to targets emissions Article 3a according to targets paragraph 1 (a) Article 3a according to paragraphs Article 3a 1(b), 1(c) and paragraphs 1(d) and 1(b), 1(c) and paragraph 3 1(d) 4-UD, 4-RD, All vehicle sub- 32-C2, 32-C3, 31-LF, 31-L1, 31-L2, 31-DD, 33-LF, 33-L1, 4-LH, 5-RD, 5- groups referred 32-DD, 34-C2, 33-L1, 33-L2, 33-DD, 35-FE, 39-FE LH, 9-RD, 9- to in points 34-C3, 34-DD, LH, 10-RD, 10- 1.1.1 and 1.1.3. 31-L2, 33-L2 LH
Amendment 560 #
2023/0042(COD)
Proposal for a regulation
ANNEX I – paragraph 4 – subparagraph 4.3. – table 4.3.1.
ANNEX I – paragraph 4 – subparagraph 4.3. – table 4.3.1.
4.3.1. The following CO2 emissions reduction targets rfsg and rfpsg pursuant to Article 3a shall apply to vehicles in the sub-group sg for different reporting periods: CO2 reduction targets rfsg and rfpsg groups sg Reporting period of the years Sub- 2025 – 2029 2030 – 2034 2035 – 2039 As from 2040 Medium lorries 53, 54 0 4315% 6450% 970% Heavy lorries > 7,4t 1s, 1, 2, 3 0 430% 6450% 970% Heavy lorries > 16 t 4-UD, 4-RD, 15% with 4x2 and 6x4 axle 4-LH, 5-RD, configurations 5-LH, 9-RD, 430% 6450% 970% 9-LH, 10-RD, 10-LH Heavy lorries > 16 t 11, 12, 16 0 with special axle 430% 6450% 970% configurations Coaches (rfsg) 32-C2, 32- 0 C3, 32-DD, 4315% 6450% 970% 34-C2, 34- C3, 34-DD Primary vehicles of 32-C2, 32- 0 coaches (rfpsg) C3, 32-DD, 43 15% 6450% 970% 34-C2, 34- C3, 34-DD Trailers 0 7,5% 7,5% 7,5% Semi-trailers 0 15% 15% 15%
Amendment 575 #
2023/0042(COD)
Proposal for a regulation
Annex I – paragraph 4 – subparagraph 4.3 – table 4.3.2
Annex I – paragraph 4 – subparagraph 4.3 – table 4.3.2
4.3.2. The following zero-emission vehicle targets zevMsg pursuant to Article 3b are applicable to vehicles in the sub-group sg for different reporting periods: Zero-emission vehicle mandates zevMsg Sub-groups Zero-emission vehicle mandates Reporting period of the years sg zevMsg before 2030 2030 – 2034 2035 – 2039 As from 2040 Urban heavy 31-LF, 31-L1, 31- 0 1080% 100% 100% buses DD, 33-LF, 33- L1, 33-DD, 35- FE, 39-FE, 31-L2, 33-L2
Amendment 585 #
2023/0042(COD)
Proposal for a regulation
Annex I – paragraph 6 a (new)
Annex I – paragraph 6 a (new)
Amendment 20 #
2023/0038M(NLE)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the EU has a consistent trade deficit with New Zealand in agriculture, accounting for EUR 1.100 million in 2022;
Amendment 28 #
2023/0038M(NLE)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas Italy, Greece and New Zealand are among the largest producers of kiwifruit worldwide; whereas foreign kiwifruit producers can produce in and export from New Zealand only if they are authorized by Kiwifruit New Zealand, in collaboration with Zespri Group Limited, through a collaborative marketing arrangement;
Amendment 30 #
2023/0038M(NLE)
Motion for a resolution
Recital H
Recital H
Amendment 57 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the agreement will level the playing field with other trading partners that already have FTAs with New Zealand; notes the high level of tariff liberalisation under the agreement, which will entail the removal of 100 % of New Zealand tariffs on EU exports at entry into force and the lifting of 98.5 % of EU tariffs on New Zealand trade after seven years; believes that the sensitive character of certain European agricultural sectors has been duly reflected by well-calibrated concessions in the form of tariff-rate quotas and longer transition periods; notes that a significant market access has been granted for dairy, beef and sheep products from New Zealand; calls on the Commission to carefully manage and monitor the TRQs and consider to implement safeguards such as seasonability; welcomes the inclusion of dedicated chapters on sustainable food systems and animal welfare respectively and an ambitious chapter on sanitary and phytosanitary matters;
Amendment 63 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Deplores the fact that the agricultural sector is often used as bargaining chip to be sacrificed during the negotiations in order to obtain concessions in other chapters; calls on the Commission to consider the cumulative impacts of future trade deals on EU farmers and the need for investment in local EU production;
Amendment 68 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission to continue engaging with New Zealand to find long-lasting solutions ensuring the respect of reciprocity in the kiwifruit sector; underlines the importance of preventing the disclosure of confidential business information in the application for the collaborative marketing arrangement needed to export kiwifruit from New Zealand;
Amendment 73 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the protection that the agreement provides for the names of 163 European foodstuff geographical indications (GIs) and the complete list of EU GI wines and spirits, as well as the scope for adding more GI names in the future; calls on the Commission to ensure an effective protection of GIs, with a particular attention to those under grandfathering clause, in order to prevent counterfeiting products being produced in New Zealand; notes that the agreement also includes comprehensive intellectual property provisions on copyright, trademarks and industrial designs, thereby ensuring effective protection and enforcement;
Amendment 28 #
2022/2188(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 78 #
2022/2188(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Regrets that the TCA does not include provisions on cooperation in foreign policy and defence; highlights the need to intensify the dialogue with the UK on possible avenues for future cooperation and coordination on foreign, security and defence policy, in line with the provisions of the political declaration and including in the framework of the EU-NATO partnership, the United Nations, the European Political Community (EPC) and other international forums; underlines the importance of coordinating sanctions regimes;
Amendment 89 #
2022/2188(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges the UK to seriously engage with the EU on pressing strategic challenges by ensuring the complementarity and synergies of actions; points out that the parallel projects for developing future combat air systems can be an inefficient use of resources and that the 2022 Common Security and Defence Policy annual report recommends that the projects should be merged;
Amendment 7 #
2022/2147(INI)
Draft opinion
Recital B
Recital B
B. whereas the outermost regions, as it is the case also for islands in Europe belonging to a Member State, are highly dependent on transport, especially air and maritime connections;
Amendment 32 #
2022/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that, taking into account the dependence of the outermost regions on air connections, flights from those regionas well as of all the islands in Europe on air and maritime connections, flights and maritime voyages from those regions and from all the islands to the mainland of their respective Member States should be exempt from the EU Emissions Trading System until 2030, and calls on the Commission to take into account the regions’ specific characteristics in the revision of all relevant legal acts;
Amendment 31 #
2022/2050(INI)
Motion for a resolution
Citation 43 a (new)
Citation 43 a (new)
— having regard tο the United Nations Security Council Resolutions concerning Cyprus,
Amendment 129 #
2022/2050(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the need for solidarity among Member States, especially with those whose geographical position leaves them directly exposed to various imminent threats and challenges to land, sea and air;
Amendment 202 #
2022/2050(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of improving and activating the implementation procedures of Article 44 TEU on mission delegation to make the CSDP more flexible and efficient in the field, to make Article 42(7) TEU on mutual assistance operational in the short run and to clarify the coherence between this and Article 5 of the North Atlantic Treaty;
Amendment 225 #
2022/2050(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 400 #
2022/2050(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Denounces the lack of initiatives to prevent Turkish aggression against the Republic of Cyprus, Greece, Syria, Iraq and Armenia, as well as Turkey's ongoing genocidal acts against 18 million Kurds in Turkey, Syria and Iraq;
Amendment 4 #
2022/2040(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— having regard to the Commission proposal for a regulation of the European Parliament and of the Council establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98 (COM(2022)0278);
Amendment 12 #
2022/2040(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas any EU strategy to address the current and possible future shortages should follow a comprehensive approach that takes into consideration the root causes of shortages and includes concrete actions for their prevention;
Amendment 24 #
2022/2040(INI)
Motion for a resolution
Recital C
Recital C
C. whereas large increases in commodity prices, higher prices around the globe and a troublesome spike in inflation are expected to further challenge global supply chains; whereas the EU is experiencing the strongest inflation of the last 30 years and is visibly heading for an energy crisis; whereas the war in Ukraine acts as a catalyst to the existing challenges, such as the monetary policy of the European Central Bank (ECB), the politically intended “green inflation” or the price increases resulting from disrupted supply chains due to the excessive lockdown policy;
Amendment 34 #
2022/2040(INI)
Motion for a resolution
Recital E
Recital E
E. whereas even though the EU must gain more strategic independenceautonomy in different fields, including agricultural products, critical raw materials, semiconductors, medicines and health products, new digital technologies and energy production, this independence has not yet been achieved;
Amendment 37 #
2022/2040(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas Covid-19 restrictions, the Russian naval blockade and other external accidents as the Suez Canal obstruction have highlighted how much trade is dependent on transport; whereas transport and logistics management are of crucial importance for the supply of products, not least given the increasing degree of complexity of the transport chain;
Amendment 39 #
2022/2040(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. Whereas long term reliable supply chains should be environmentally, socially and economically sustainable; whereas a growing number of EU businesses have already taken voluntary initiatives to deploy due diligence processes; whereas EU businesses may face difficulties in this challenging time in matching the need to find new suppliers in a short time and the obligation to screen their production methods;
Amendment 41 #
2022/2040(INI)
Motion for a resolution
Recital F
Recital F
F. whereas small and medium-sized enterprises (SMEs) account for 99 % of all EU businesses, 65 % of all EU jobs and more than 50 % of the EU’s economic output from the non-financial sector; whereas the lack of coordination and coherence among the large number of EU support actions designed for SMEs hinders their participation in the global supply chains and as a consequence their contribution to international trade;
Amendment 53 #
2022/2040(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that it is crucial to respond to the possible negative consequences of any external shocks with a coordinated approach at national and EU level; calls on the Commission to continue monitoring the supply chains, especially those which are at higher risk, and to develop a multifaceted strategy for each sector or product concerned in order to be able to promptly address current and future shortages; recalls the importance of avoiding passing from a given dependency to another dependency;
Amendment 64 #
2022/2040(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 crisis and the war in Ukraine have highlighted the EU agricultural sector’s dependence on imports from a small number of countries, especially in the case of wheat and ammonium, which is essential for fertilisers; notes that many non-EU countries have imposed food export restrictions as a response to the crisis; recalls that the EU should be much more autonomous in primary sector products in order to guarantee its security and avoid dependence on third parties; with a view to ensuring a self-sufficient, fair, resilient and sustainable agricultural model anchored in EU territories; stresses the need to recognize and promote the food sovereignty of EU Member States and their right to regulate their imports, exports and stocks to secure their own needs while keeping an open trade policy;
Amendment 77 #
2022/2040(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. SUnderlines that the EU is highly dependent on only few countries for critical raw materials, in particular on China which currently provides 98% of the EU’s supply of rare earth elements (REE); stresses that the war in Ukraine and the subsequent sanctions on Russia have increased the difficulty of sourcing raw materials; takes note of the announcement of the forthcoming publication of the Critical Raw Materials Act during the 2022 State of the Union address; calls on the Member States and the Commission to enhance EU capacity for extraction, processing, recycling and refining of those critical raw materials present in the EU; underlines the importance to ensure the respect of high social, environmental and labour standards in the mining activities not only in the EU, but also in partner countries;
Amendment 113 #
2022/2040(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that medical supply chains can be strengthened by investing in skills, building health data infrastructure, and supporting regulatory framework and intellectual property policies that foster innovation and ensure affordable medicines; asks for the fast and transparent implementation of a database at EU level that could improve the coordination among Member States; calls on the Commission to assess the possibility of reshoring the production for essential medicines and active pharmaceutical ingredients to the EU; underlines the difficulties that a broad range of the pharmaceutical industries face in receiving EU funds related to R&D and production investments which are key to ensure that their products can respond to tomorrow’s needs;
Amendment 117 #
2022/2040(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. New digital technologies Underlines that new digital technologies are transforming digital trade facilitating new business models and reducing the geographical barriers of economic transactions; regrets that the EU is highly dependent on third countries for services such as edge and cloud computing whichare crucial to increase Europe’s data sovereignty as outlined in the EU DigitalStrategy; calls on the EU and the Member States to create favorable conditions for major investments in the research, development and deployment of next generation cloud and edge technologies; emphasizes that the brain- drain and the sell-off of technology industries to third countries must be prevented by appropriate trade policy and other measures, as technological knowledge must be preserved within the EU;
Amendment 119 #
2022/2040(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. a.Energy production Hopes that the REPowerEU Plan will effectively respond to the energy market disruptions caused by the war in Ukraine; calls on the Commission for the suspension of the Emissions Trading Systems (ETS) Directive in order to reduce energy expenditure in the medium term; calls on the Member States to restore security of energy supply through the unrestricted use of coal-fired and nuclear power plants in the EU; calls on the Commission to update the Energy Taxation Directive to enable the abolition of the energy and electricity tax in the medium term;
Amendment 129 #
2022/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the development of an EU toolbox of autonomous trade instruments, including an anti-coercion instrument, the foreign-direct-investment screening mechanism, the foreign subsidies instrument and the international procurement instrument as well as the creation of the post of Chief Trade Enforcement Officer (CTEO) to respond to these emerging challenges and protect EU competitiveness;
Amendment 138 #
2022/2040(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines that should be a priority for the EU to harmonize the existing instruments in support to SMEs to increase their awareness on the opportunities and risks of the international trade;
Amendment 139 #
2022/2040(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the Member States to work towards a back stock of materials and increase transparency of supply chains by spending data, N-tier mapping, or both, as many of today’s most pressing supply shortages such as semiconductors occur in supplier sub-tiers; calls for national risk mitigation plans including finding new suppliers, redesigning networks, resetting inventory targets, keeping safety stocks, and sourcing locally or regionally
Amendment 140 #
2022/2040(INI)
9 c. Calls on the Member States, in close cooperation with the Commission and all interested stakeholders, to take coordinated measures with a view to adopting a strategic plan to upgrade their existing infrastructure for an efficient and timely supply of products;
Amendment 141 #
2022/2040(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that in cooperation with the Member States and international partners, the EU must guarantee freedom of the sea and trade routes and thus ensure access to raw materials, energy and export markets; calls on the Member States to get capacity on alternative routes in case logistics disruptions are likely as well as simulate the effects of regional demand shifts on production, examine the risks in supplier networks, labour, manufacturing, and delivery to determine if any part of the value chain is exposed to internal or external disruptions, and set up controls to minimize their effects;
Amendment 146 #
2022/2040(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Underlines that enhancing EU industrial production capacities through dedicated public policies and favorable economic, social and environmental conditions would help to secure supplies and boost EU competitiveness;
Amendment 151 #
2022/2040(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the shortening of supply chains, in combination with other instruments, and the relocation to the EU of EU businesses’ production facilities in countries outside the blocwhich would lead to a reduction in emissions cause by transport, the improvement of the functioning of the internal market and the reduction of administrative barriers simultaneously; calls on the Member States and the Commission to provide financial incentives to EU businesses for reshoring their production facilities back to the EU;
Amendment 161 #
2022/2040(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Member States to stimulate and plan for extreme supply- and-demand disruptions, such as ordering components earlier than usual and allowing extra time for delivery, accounting for the higher cost of energy, materials, and transportation, and checking inventories of critical materials to reprioritize production should shortages seem inevitable;
Amendment 166 #
2022/2040(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the circular economy action plan is intended to help the EU to reduce its dependence on external players so as to support strategic autonomy in a wide range of sectors, including mining; emphasizes that this is an ongoing process and strategic autonomy is far from achieved;
Amendment 175 #
2022/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that free trade agreements (FTAs) may be crucial to diversifying sources of supply and reducing the EU’s dependence on just a few countries; calls foron the EU to prioritise strategic FTAs, in particular with countries rich in raw materials such Chile, Australia, and India, with a particular focus on chapters on raw materials and energy, technical barriers to trade and regulatory cooperation; unterlines that a Bilateral Investment Agreement (BIA) with Taiwan will enhance supply-chain resilience in the semiconductor industry;
Amendment 182 #
2022/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the launch of the EU-US Trade and Technology Council (TTC) in June 2021 and the EU-India agreement on launching a trade and technology council in April 2022; regards these initiatives as meaningful forums for addressing new challenges in the areas of trade, technology and security; calls on the Commission to include in the future EU-India TTC a working group dedicated to “secure supply chains” as in the case of the EU- US TTC in order to share good practices and find common solutions to common external dependencies; underlines that the decision taken at this level are not legally binding since the Commission has not any mandate to negotiate;
Amendment 25 #
2022/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that in order to strengthen the single market, it is necessary to carry out a digital transformation that increases the availability of online public services; recalls that eGovernment facilitates relationships with citizens, businesses, employees and governments, and calls for the establishment of a European digital identity;
Amendment 31 #
2022/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Firmly bBelieves that the further development of digital public services can significantly contribute to the reduction of administrative barriers for entrepreneurs, especially micro, small and medium-sized enterprises (MSMEs); calls on Member States to redouble their efforts to further digitalise public services without that meaning that citizens of Member States who so wish cannot avail themselves of those services in a traditional and non- digitalised manner; stresses the importance of not sacrificing public services that are accessible in a non- computerised manner, but, rather, of allowing easy and rapid access to such public services;
Amendment 34 #
2022/2036(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that the provision of digital public services implies the use of personal data, and therefore calls on the Commission and Member States to pay special attention to the protection of citizens’ personal data, including in connection with data transfer agreements with third countries; calls on the Commission not to compromise the high level of personal-data protection to which Member State citizens are entitled; calls on the Commission to foster the development of sovereign European digital infrastructure guaranteeing that the rights of European users, and the security of their data, will be protected;
Amendment 54 #
2022/2036(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 100 #
2022/2036(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the Commission’s initiative to create European data spaces in various sectors, including health, justice and public procurement; considers it crucial for these data spaces to be interoperable so that consumers and entrepreneurs, especially SMEs, can achieve their full potential; points out that the interoperability of data spaces should be the starting point for all future digitalisation strategies; calls on the Commission to submit a legislative proposal as soon as possible that will ensure the interoperability of data spaces in the European single market;
Amendment 45 #
2022/2022(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 57 #
2022/2022(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 78 #
2022/2022(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission and Member States to take appropriate initiatives to further improve the attractiveness of investing in the ERTMS and to guarantee legal certainty for private investors;
Amendment 96 #
2022/2022(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the need to improve the use of EU Funds beyond ERDF and cohesion funds, including CEF, NGEU, RRF or ReactEU, to secure massive quality investments in sustainable and efficient transport infrastructure;
Amendment 105 #
2022/2022(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the clarification and simplification of State aid rules on the public funding of interoperable rolling stock for cross-border services in the revised Railway Guidelines;
Amendment 125 #
2022/2022(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 145 #
2022/2022(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Highlights the role of digitalisation and better coordination, in particular for cross-border rail traffic; in this regard, stresses the need to achieve better coordination in the way that capacity is managed across Member States’ networks, with a view to improve the utilisation of available capacity; therefore calls for greater harmonisation of procedures and criteria for capacity planning and allocation, as well as full interoperability of digital tools;
Amendment 172 #
2022/2022(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
Amendment 190 #
2022/2022(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights the need for a comprehensive approach with clear implementation milestones to achieve easier access to multimodal connections, while adopting interoperable solutions;
Amendment 31 #
2022/2014(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the video games industry employed 86 953 people in 2019, of whom around 20% were women; 3a; _________________ 3a ISFE, Europe’s Video Games Industry, ISFE-EGDF Key Facts, 2021.
Amendment 40 #
2022/2014(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas online video games present, by their very nature, important levels of criticalities especially when the gaming experience is compared to most traditional physical channels;
Amendment 45 #
2022/2014(INI)
Motion for a resolution
Recital E
Recital E
E. whereas spending excessive amounts of time playing online video games, in the absence of appropriate safeguards, can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues as well as mechanisms that can be reminiscent of electronic forms of gambling, in particular with regard to minors;
Amendment 55 #
2022/2014(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas monetized video games may have very few consumer protection guarantees, which could pose financial risks for users and, in the case of minors, parents and those legally responsible for their actions;
Amendment 56 #
2022/2014(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the control and verification tools set up for accessing online video games may lack efficiency, particularly when it comes to verifying with absolute certainty players’ age;
Amendment 68 #
2022/2014(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas, with regard to the psychosocial effects of certain reward mechanisms, children are more at risk to develop habits in response to certain stimuli;
Amendment 70 #
2022/2014(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the European video games industry represented a market size of EUR 23.3 billion in 2020 and is still growing8a; whereas, since 2015, digital revenues have increased threefold and account for more than half of European market revenues; _________________ 8a ISFE, Europe’s Video Games Industry, ISFE-EGDF Key Facts, 2021
Amendment 73 #
2022/2014(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the industry has historically generated revenue from the sale of video games but has been rapidly shifting to purely digital services sold through online storefronts, leading the grounds for new and complex business models; whereas one of the currently predominant business models is represented by in-game purchases that unlock digital content in the video game environment;
Amendment 77 #
2022/2014(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the video games industry represents an important and rapidly growing segment of the creativity sector in Europe, which has historically lagged behind in the emergence of 'European champions' within the global digital sector;
Amendment 92 #
2022/2014(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the measures taken to better protect consumers; notes, however, the need for a single, coordinated approach between Member States in order to avoid fragmentation of the single market and to protect European consumers;
Amendment 104 #
2022/2014(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; calls for mechanisms to be put in place to exercise stricter parental control over the amount of time and money children spend on games, among other thingsstresses that instructions for effective use of parental control should be made user-friendly, accessible and clear;
Amendment 108 #
2022/2014(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to obtain rewards through loot boxesbuy in-game currencies and to obtain randomized rewards through loot boxes; stresses that the use of in-game currencies constitutes an additional transaction layer that abstracts the real-world cost of the virtual item;
Amendment 115 #
2022/2014(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Observes that generally the ownership of in-game currencies does not guarantee the right of refund nor the right of withdrawal for consumers, notably given the complicated licensing agreements through which video games companies often grant themselves the power to unilaterally change contractual clauses;
Amendment 145 #
2022/2014(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that consumers should have all the necessary information about an online video game before starting to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and other information that may be considered to be of interest; observes in particular that clear information shall be provided to consumers in advertising materials on what to expect from in-game purchases and how they affect gameplay;
Amendment 153 #
2022/2014(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that in cases where algorithmic decision-making is employed in video games, particularly when it aims at influencing user behaviour, consumers shall be explicitly informed;
Amendment 171 #
2022/2014(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that, when adopting regulatory action, the Commission shall prioritize banning misleading designs, increasing minors protection and ensuring transactional transparency for in-game purchasing systems;
Amendment 174 #
2022/2014(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that regulatory action shall provide a good balance between consumer protection and the development of strategic business models; underlines that although consumer protection is a shared competence, the video games sector requires cross-border protection because of its intrinsic nature;
Amendment 193 #
2022/2014(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that children are less able to disentangle costs when presented with virtual currencies and may have problems understanding and taking probabilities into account particularly when it comes to randomized rewards;
Amendment 215 #
2022/2014(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses the importance of creating enforceable accessibility standards for consumers affected by disabilities, in particular when minors;
Amendment 250 #
2022/2014(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to take advantage of the fitness check to be conducted on digital fairness, as part of the New Consumer Agenda2020, to assess key concepts relevant for the protection of consumer in online video games as vulnerability, deceptive design and monetisation techniques;
Amendment 7 #
2022/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the new Industrial Strategy was updated to reflect the lessons learned from COVID-19, and that this strategy will be key toshould go further in enhancing EU competitiveness and overcoming future challenges, such as Union independence for the most strategic economic sectors; recalls that a strong governance system, European preference and market surveillance are essential in order to relaunch the single market; calls on the Commission to focus on ensuring that the industrial strategy helps remove single market barriers and avoid further fragmentation;
Amendment 8 #
2022/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the new Industrial Strategy was updated to reflect the lessons learned from COVID-19, and that this strategy will be key to enhancing EU competitiveness and overcoming future challenges; recalls that a strong governance system and market surveillance are essential in order to relaunch the single market; calls on the Commission to focus on ensuring that the industrial strategy helps remove single market barriers and avoid further fragmentation;
Amendment 33 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that effective public procurement will lead to more jobs, growth and innovative investments; recalls that the selection and award criteria should not result in an unreasonable administrative burden, particularly for European micro-, small and medium-sized enterprises;
Amendment 34 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that public procurement can play an active role in achieving the New Industrial Strategy objectives, such as the emergence of competitive European businesses; stresses that effective public procurement will lead to more jobs, growth and innovative investments;
Amendment 46 #
2022/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates the need to enhance European strategic autonomy by investing in skills, digital infrastructures, particularly for the storage and processing of European user data, and key technologies such as AI, cybersecurity, 5G and 6G, microprocessors and semiconductors, high-performance computing and quantum technologies;
Amendment 55 #
2022/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that developing these key sectors requires that a European preference system be established for local or European production in public procurement contracts in Europe;
Amendment 229 #
2022/0396(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Council underlined in its Conclusions of December 202038, that the revision of Directive 94/62/EC should update and establish more concrete, effective and easy to implement provisions to facilitate sustainable packaging in the internal market and minimise the complexity of packaging in order to foster economically feasible solutions, to improve the reusability and recyclability as well as minimise substances of concern in packaging materials, especially concerning food packaging materials, and to provide for labelling packaging in an easily understandable way to inform consumers about its recyclability and where its waste should be discarded to facilitate sorting and recycling. At the same time it noted that hygiene and food safety standards have to be respected. _________________ 38 https://data.consilium.europa.eu/doc/docu ment/ST-13852-2020-INIT/en/pdf
Amendment 232 #
2022/0396(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The European Parliament’s Resolution of 10 February 2021 on the New Circular Economy Action Plan39reiterated the objective of making all packaging reusable or recyclable in an economically viable way by 2030 and called on the Commission to present a legislative proposal including waste reduction measures and targets and ambitious essential requirements in the Packaging and Packaging Waste Directive to reduce excessive packaging, including in e-commerce, improve recyclability and minimise the complexity of packaging, increase recycled content, phase out hazardous and harmful substances, and promote re-use. In addition, it stressed that food safety or hygiene standards must not be compromised. _________________ 39 https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0040_EN.html
Amendment 240 #
2022/0396(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product. However, in light of the disposal behaviour of consumers regarding tea and coffee bags as well as coffee or tea system single-serve units, which in practice are disposed of together with the product residue leading to the contamination of compostable and recycling streams, those specific items should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41. Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging. _________________ 41 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 247 #
2022/0396(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the waste hierarchy set out in Article 4(21) of Directive 2008/98/EC, and with the requirement set in paragraph 2 of Article 4 of the same Directive, which foresees that specific waste streams may depart from the hierarchy where this is in line with life- cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packagingand recycling of packaging while delivering the best environmental outcome. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.
Amendment 254 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 276 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 290 #
2022/0396(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging, while ensuring marketing and consumer acceptance. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging ensuring marketing and consumer acceptance, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.
Amendment 299 #
2022/0396(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) As design for recycling assessment in itself does not ensure that packaging is recycled in practice, it is necessary to establish a uniform methodology and criteria for assessing the recyclability of packaging in practice based on the state-of- the-art separate collection, sorting and recycling processes and infrastructure actually available in the Union. Related reporting from Member States and, where relevant, economic operators should support establishing the recyclability “at scale” thresholds and update, on this basis, the recyclability performance grades with respect to the specific packaging materials and categories. , preserving the added value conveyed to the final consumer with the packaging.
Amendment 303 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:
Amendment 305 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)
Article 7 – paragraph 1 – subparagraph 1 (new)
Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.
Amendment 306 #
2022/0396(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to establish harmonised rules on packaging design to ensure its recyclability while ensuring packaging performs all its functions and ensuring marketing and consumer acceptance, the power to adopt delegated acts should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation. In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2035. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling.
Amendment 308 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:
Amendment 309 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)
Article 7 – paragraph 2 – subparagraph 1 (new)
Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.
Amendment 313 #
2022/0396(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to stimulate innovation in packaging, it is appropriate to allow that packaging, which presents innovative features resulting in significant improvement in the core function of packaging and has demonstrable environmental benefits, is given limited additional time of five years to comply withexempt from the recyclability requirements. The innovative features should be explained in the technical documentation accompanying the packaging.
Amendment 316 #
2022/0396(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to protect human and animal health and safety, due to the nature of the packaged products and the related requirements, it is appropriate that the recyclability requirements should not apply to immediate packaging as defined in Article 1 of Directive 2001/83/EC of the European Parliament and of the Council50and in Article 4(25) of Regulation (EU) 2019/6 of the European Parliament and of the Council51, which are in direct contact with the medicinal product, as well as contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council52andof in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 of the European Parliament and of the Council53.These exemptions should apply until 1 January 2035and contact sensitive packaging for foods covered by Regulation (EC) No 1935/2004 and Regulation (EU) No 609/2013. _________________ 50 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 51 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43). 52 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1). 53 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).
Amendment 332 #
2022/0396(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure a high level of human and animal health protection in accordance with requirements in Union legislation and to avoid any risk to the security of supply and to the safety of medicines and medical devices safety, it is appropriate to provide for the exclusion from the obligation of a minimum recycled content in plastic packaging for immediate packaging as defined in Article 1, point 23, of Directive 2001/83/EC and in Article 4, point 25, of Regulation (EU) 2019/6, as well as for contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 and for contact sensitive packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 and of contact sensitive packaging for foods covered by Regulation (EC) No 1935/2004 and Regulation (EU) No 609/2013. This exclusion should also apply to outer packaging of human and veterinary medicinal products as defined in Article 1, point 24, of Directive 2001/83/EC and in Article 4, point 26, of Regulation (EU) 2019/6 in cases where it has to comply with specific requirements to preserve the quality of the medicinal product.
Amendment 336 #
2022/0396(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that the plastic part of each unit of packaging contains a certain minimum percentage of recycled content recovered from post- consumer plastic waste calculated as an average of the plastic packaging placed by a producer on the Union market. This provision should not apply to food or feed contact plastic packaging in those cases when the recycled content risks affecting human and animal health and/or compromising the organoleptic characteristics of products.
Amendment 368 #
2022/0396(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The bio-waste waste stream is oftencould be contaminated with conventional plastics and the material recycling streams are oftencould be contaminated with compostable plastics. This cross-contamination could leads to waste of traditional and compostable resources, lower quality secondary raw materials and should be prevented at source. As the proper disposal route for compostable plastic packaging is becoming increasingly confusing for consumers, it is justified andTherefore, it is necessary to lay down clear and common rules on the use of compostableand disposal of plastic packaging, mandating it only when its use brings a clear benefit for the environment or for human health. This is particularly the case when the use of compostable packaging helps collect or dispose of bio-wastelabeled as compostable, including the possibility to mandating applications. This is particularly the case when the use of compostable packaging helps collect or recycle of bio-waste. All plastic packaging labeled as compostable shouldn’t go into material recycling.
Amendment 373 #
2022/0396(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) For limited packaging applications made of biodegradable plastic polymers, there is a demonstrable environmental benefit of using compostable packagingThere is a demonstrable environmental benefit of using compostable packaging for specific packaging applications (e.g., those strictly linked to food and food waste), which enters composting plants, including anaerobic digestion facilities under controlled conditions. Furthermore, where appropriate waste collection schemes and waste treatment infrastructures are available in a Member State as required by Article 22 of Directive 2008/98, there should be a limited flexibility in deciding whether to mandate the use of compostable plastics for lightweight plastic carrier bags on its territory. In order to avoid consumer confusion about the correct disposal and considering the environmental benefit of circularity of the carbon, all other plastic packaging not labeled as compostable should go into material recycling and the design of such packaging should ensure that it does not affect the recyclability of other waste streams.
Amendment 377 #
2022/0396(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 381 #
2022/0396(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to facilitate conformity assessment with requirements on compostable packaging, it is necessary to provide for presumption of conformity for compostable packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council56for the purpose of expressing detailed technical specifications of those requirements and take into account, in line with the latest scientific and technological developments, the parameters, including compostquality of the output, proper processingtimes and admissible levels of contamination, which reflect the actual conditions in bio- waste treatment facilities, including anaerobic digestion processes. _________________ 56 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council Text with EEA relevance (OJ L 316, 14.11.2012, p. 12).
Amendment 385 #
2022/0396(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 388 #
2022/0396(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed, where relevant for a given shape, so as to minimise its volume and weight while maintaining its ability to perform the packaging functions, including those referred to in Article 3 (1). The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057, should therefore be modified. While marketing and consumer acceptance remain relevant for packaging designpresentation,design and differentiation functionality, they should not be part ofthe mainperformance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product or packagingspecifications for craft and industrial products and food , beveragesand agricultural products that are registered aundprotected under theEU geographical indication protection schemeer or otherwiseprotected by Union intellectual property law orEU geographical indication protection schemes, including third country geographical indication/products that have been given distinctive recognition by the Union, as part of the Union’s objective to protect intellectual property,cultural heritage and traditional know- how.Traditional packaging associated with products that have been given distinctive recognition or are subject to geographical indications of origin protection shall nevertheless look to reduce packaging weight to the lowest weight possible whilst protecting the shape of the packaging in line with the overall ambitions of this proposal. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. _________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 409 #
2022/0396(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. To this end, the Commission and the Member States should provide incentives, including economic ones, especially to micro- enterprises and SMEs.
Amendment 416 #
2022/0396(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to inform end-users about reusability, availability of systems for re- use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale. To this end, the Commission and the Member States should provide incentives, including economic ones, especially to micro-enterprises and SMEs.
Amendment 416 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
Amendment 436 #
2022/0396(COD)
Proposal for a regulation
Recital 61
Recital 61
Amendment 460 #
2022/0396(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large- white goods and some transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use ofIn accordance with Article 4(2) of Directive 2008/98/EC, restriction shall not apply for single -use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be alloweddelivering a better overall environmental outcome justified by life cycle thinking, as well as a better overall economic and health impact.
Amendment 465 #
2022/0396(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) To increase their effectiveness and ensure the equal treatment of economic operators, the re-use and refill targets should be placed on the economic operators. In cases of targets for beverages, they should be additionally placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer and decide based on thorough consideration of logistics, environmental, technical, industrial and consumer criteria. The targets should be calculated as a percentage of sales in reusable packaging within a system for re- use or through refill or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. A detailed assessment should be carried out to ensure that reuse targets can be implemented in a safe, economically viable and environmentally sustainable way that would bring tangible benefits compared to recyclable alternatives. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.
Amendment 484 #
2022/0396(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) In order to ensure uniform conditions for the implementation of the recourse to common technical specifications, the power to adopt implementing acts in accordance with Article 291 of the Treaty should be delegated to the Commission to lay down, amend or repeal common technical specifications for the requirements on sustainability, labelling and systems for re- use, and to adopt test, measurement or calculation methods. That should be limited to those cases where technical standardization is unable to provide a concrete response to the purposes of this Regulation.
Amendment 495 #
2022/0396(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) To achieve an ambitious and sustained reduction in the overall packaging waste generation, targets should be laid down for the reduction of packaging waste per capita to be achieved by 2030. Meeting a target of 5 % reduction in 2030 compared to 2018 should entail an overall absolute reduction of approximately 19 % on average acmaterial (plastics, wood, ferrosus the Union in 2030 compared to the 2030 baseline. Member States should reduce packaging waste generation by 10 %, compared to 2018, by 2035; this is estimated to reduce packaging waste by 29 % compared to the 2030 baseline. In order to ensure that the reduction efforts continue beyond 2030, a reduction target of 10 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 15 % from 2018, which means a reduction of 37 % compared to baseline should be establishedmetals, aluminium, glass and paper and cardboard) per capita to be achieved by 2040.
Amendment 503 #
2022/0396(COD)
Proposal for a regulation
Recital 91 a (new)
Recital 91 a (new)
(91a) Waste prevention through reduction at source by material should be a key guiding principle, as per the existing harmonised standard EN 13428:200030, whereby the substitution of one packaging material by another is not a basis for source reduction.
Amendment 516 #
2022/0396(COD)
Proposal for a regulation
Recital 98
Recital 98
(98) Regulation (EU) 2022/2065 of the European Parliament and of the Council66lays down rules on the traceability of traders, which more specifically contain obligations for providers of online platforms allowing consumers to conclude distance contracts with producers offering packaging to consumers located in the Union. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online platforms should fulfil those obligations with regard to the registers of packaging producers established pursuant to this Regulation. In that context, providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers should obtain from those producers information about their compliance with the extended producer responsibility rules set out in this Regulation. The rules on traceability of traders selling packaging online are subject to the enforcement rules set out in Regulation (EU) 2022/2065. As it can be difficult to supervise the concrete application of the obligations of the Regulation in the case of distance selling, particular attention should be paid to tools and control methods that ensure the proper implementation of the provisions. _________________ 66 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
Amendment 522 #
2022/0396(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 529 #
2022/0396(COD)
Proposal for a regulation
Recital 103
Recital 103
(103) Deposit and return systems should be obligatory for single use plastic beverage bottles and metal beverage containers. Member States might also decide to include other packaging in these systems, in particular single use glass bottles, and should ensure that deposit and return systems for single-use packaging formats, in particular for single use glass beverage bottles, are equally available for reusable packaging, where technically and economically feasible. They should consider establishing deposit and return systems also for reusable packaging. In such situations, a Member State should be allowed, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum requirements set out in this Regulation.
Amendment 564 #
2022/0396(COD)
Proposal for a regulation
Recital 133
Recital 133
(133) When adopting delegated acts pursuant to Article 290 of the Treaty, the Commission should carry out appropriate consultations during its preparatory work, including at expert level, and those consultations be conducted in accordance with the principles laid down in the Inter- institutional Agreement of 13 April 2016 on Better Law-Making78. InpParticular, 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.When developing these delegated acts, the Commissionshould take into account scientific or other available technical information, including relevant international standard attentionshould be paid to the consultation of SMEs representatives. _________________ 78 OJ L 123, 12.5.2016, p. 1–14.
Amendment 570 #
2022/0396(COD)
Proposal for a regulation
Recital 141 a (new)
Recital 141 a (new)
(141a) For the sake of clarity for food business operators, the nomenclature codes referred to food categories mentioned in Article 26 and Article 44 are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/871 and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.
Amendment 583 #
2022/0396(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all packaging, with the exception of packaging approved for the transport of dangerous goods regardless of the material used, and to all packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households.
Amendment 588 #
2022/0396(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation applies without prejudice to Union regulatory requirements for packaging such as those regarding safety, quality, the protection of health and the hygiene of the packed products, or to transport requirements, as well as without prejudice to the provisions of the Directive 2008/98/EC as regards the management of hazardous waste and as regards the requirements provided for in paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 593 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By January 2023, Member States shall ensure that systems are set up to provide for the return and separate collection of all packaging waste from the end users in a given year in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling. Packaging complying with Design for Recycling criteria adopted on the basis of article 6(4) shall be collected for recycling.
Amendment 604 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) permeable tea or coffee bagsingle- serve units necessary to contain a tea or coffee product and intended to be used and disposed of together with the product;
Amendment 616 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point g
Article 3 – paragraph 1 – point 1 – point g
(g) coffee or tea systemprotective beverage single-serve unit necessary to contain a coffee or tea product and intended to be used and disposed of together with the product;
Amendment 620 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1a) 'recyclability' means the compatibility of packaging with the management and processing of waste, based on separate collection, sorting in separate streams, recycling at scale, and use of recycled materials to replace primary raw materials;
Amendment 626 #
2022/0396(COD)
Proposal for a regulation
Annex V
Annex V
Amendment 634 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 18 a (new)
Article 3 – paragraph 1 – point 18 a (new)
(18a) 'plastic packaging' means packaging consisting of plastics as the predominant material.
Amendment 642 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘composite packaging’ means a unit of packaging made of two or more different materials, excluding materials used for labels, closures and sealing, which cannot be separated manually and therefore form a single integraloatings, linings, paints, inks, adhesives, closures and sealing which are considered as part of the weight of the main packaging material, which cannot be separated manually and therefore form a single integral unit, unless a given material constitutes an insignificant part of the packaging unit and in no case more than 15% of the total mass of the packaging unit;
Amendment 695 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
(32) ‘recycled at scale’ means collected, sorted and recycled through installed state-of-the-art infrastructure and processes, covering at least 75 % of the Union populationthe existence of a clear pathway, including the development of sufficient capacity for the collected packaging waste to be directed towards defined and recognised waste streams through established industrial processes for reprocessing, including packaging waste exported from the Union that meets the requirements of Article 47(5);
Amendment 702 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
Article 3 – paragraph 1 – point 32 a (new)
(32a) 'high quality recycling’ means any recovery operation, as defined in Article 3, point (17), of Directive 2008/98/EC, that ensures that the distinct quality of the collected and sorted waste is preserved or recovered during that recovery operation, so that the resulting recycled materials are of sufficient quality to substitute primary raw materials with minimal loss of quantity, quality or function;
Amendment 716 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘integrated component’ means a packaging component that may be distinct from the main body of the packaging unit, and may be of a different material, but is integral to the packaging unit and its functioning and does not need to be separated from the main packaging unit in order to consume the product and is typically discarded at the same time as the packaging unit, although not necessarily in the same disposal route;is recommended to be disposed together with the main body of the packaging.
Amendment 723 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘separate component’ means a packaging component that is distinct from the main body of the packaging unit, which may be of a different material, that needs to becan be manually disassembled completely and permanently from the main packaging unit in order to access the product, and that is typically discarded prior to anbody of the packaging by the end consumer, and that is recommended to be disposed separately from the main body of the packaging unit;
Amendment 733 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 38
Article 3 – paragraph 1 – point 38
Amendment 741 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39 a (new)
Article 3 – paragraph 1 – point 39 a (new)
(39a) “recycled content in plastic packaging” is the amount of material contained in the packaging obtained from any recycling process of pre-consumer and post-consumer waste, whether to be recycled mechanically, physically or chemically.
Amendment 746 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39 b (new)
Article 3 – paragraph 1 – point 39 b (new)
(39b) 'pre-consumer plastic waste' means plastic waste that is generated from production and converting of plastic material.
Amendment 783 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
The definitions of ‘substance of concern’ and ‘data carrier’ laid down in Article [2 points (28) and (30)] of Regulation [Ecodesign for sustainable products] shall apply;
Amendment 799 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 812 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. Any additional Member State information and labelling requirements that go beyond the requirements of this Regulation shall not be considered as mandatory but used on a voluntary basis.
Amendment 816 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Packaging shall be so manufactured that the presence and concentration of substances of concernthat meet the criteria in Article 57 and identified in accordance with Article 59(1) in a concentration above 0,1 % weight by weight (w/w) as laid down the Regulation (EC) No 1907/2006, as constituents of the packaging material or of any of the packaging components is minimised, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal.
Amendment 821 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Without prejudice toOther than the substances criteria laid down in Article 5(1), shall be applied the restrictions on chemicals set out in Annex XVII of Regulation (EC) No 1907/2006 or, where applicable, to the restrictions and specific measures on food contact packaging in Regulation (EC) No 1935/2004, the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components shall not exceed 100 mg/kg.
Amendment 843 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5)by CEN - European Committee for Standardization shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 867 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All packaging shall be recyclable from 1 January 2030.
Amendment 875 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
Article 6 – paragraph 2 – subparagraph 1 – point a
(a) it is designed for recycling or, for compostable packaging, is compliant with point a), b) and c) of Annex III;
Amendment 894 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) except for compostable plastics, it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primarya raw materials;
Amendment 910 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Points (a) to (d) shall apply from 1 January 2030 and point (e) shall apply from 1 January 2035.
Amendment 934 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated actsCEN standards, where applicable, adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated actCEN standards adopted pursuant to paragraph 6. Where such packaging complies with those delegated actstandards, it shall be considered to comply with paragraph 2, points (a) and (e).
Amendment 953 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 974 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
The Commission is empowered to adopt delegated acts, in close cooperation with stakeholders, in accordance with Article 58 to amend Table 1 of Annex in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.
Amendment 1026 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 7 – point a
Article 6 – paragraph 7 – point a
(a) the manner in which to express the result of the recyclability assessment in recyclability performance grades from A to E, as described in Table 3 of Annex IIthe delegated act adopted under paragraph 3, based on the percentage of the packaging unit, in weight, which is recyclable according to paragraph 1;
Amendment 1027 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 7 – point b
Article 6 – paragraph 7 – point b
(b) detailed design for recycling criteria including material specific requirements on the quality of recycling, where and when needed, for each packaging formaterial and category listed in Table 1 of Annex II;
Amendment 1042 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 4 a (new)
Article 6 – paragraph 8 – subparagraph 4 a (new)
Small components (i.e., <50 mm in two dimensions) represent a particular challenge to current packaging material recycling facility capabilities. By way of derogation from paragraphs 2 and 3, such small components may be placed on the market until the Delegated Act establishing the Design for Recycling criteria is adopted. The Design for Recycling criteria to be established under the Delegated Act as referred to in paragraph 4 shall consider the requirements for small components and be compatible with the state of the art collection, sorting and recycling processes.
Amendment 1052 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 2
Article 6 – paragraph 9 – subparagraph 2
Where use is made of this derogation, innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its innovative nature and showing compliance with the definition in Article 3(347) of this Regulation.
Amendment 1057 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 10 – introductory part
Article 6 – paragraph 10 – introductory part
10. Until 31 December 2034, tThis Article shall not apply to the following:
Amendment 1062 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 10 – point b
Article 6 – paragraph 10 – point b
(b) contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745;
Amendment 1065 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 10 – point c
Article 6 – paragraph 10 – point c
(c) contact sensitive plastic packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746.
Amendment 1074 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (new)
10a. outer packaging as defined in Article 1, point (24), of Directive 2001/83/EC and in Article 4, point (26), of Regulation (EU) 2019/6, in cases where such packaging is necessary to comply with specific requirements to preserve the quality of the medicinal product. Should the adoption of the delegated acts referred to in paragraphs 4 and 6 of this Article be delayed, a presumption of compliance with the points a) and e) of paragraph 2 shall apply to all packaging placed on the Union market until such delegated acts are adopted.
Amendment 1112 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from pre-consumer or post- consumer plastic waste, per unit of packaging:
Amendment 1116 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) 30 % for contact sensitive plastic packaging made from polyethylene terephthalate (PET) as the major component;
Amendment 1132 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) 10 % for contact sensitive plastic packaging made from plastic materials other than PET, except single use plastic beverage bottles;
Amendment 1146 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)
Article 7 – paragraph 1 – subparagraph 1 (new)
Targets per material shall be calculated as a percentage of the total number of units placed by a producer on the internal market.
Amendment 1175 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from pre-consumer or post- consumer plastic waste, per unit of packaging:
Amendment 1187 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)
Article 7 – paragraph 2 – subparagraph 1 (new)
Targets per material shall be calculated as a percentage of the total number of units placed by a producer on the internal market.
Amendment 1196 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745;
Amendment 1198 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) contact sensitive plastic packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746;
Amendment 1213 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging. as well as to inks, adhesives, varnishes and coatings used on packaging. Compostable packaging can be placed on the market providing the presence of a minimum content of renewable raw material determined as percentage of carbon of biological origin present in packaging compared to the total carbon present therein and using for this purpose the current European standard on the subject based on radiocarbon methods EN 16640. Agricultural biomass used for the manufacture of compostable packaging complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001. Forest biomass used for the manufacture compostable packaging complies with the criteria laid down in Article 29, paragraphs 6 and 7 of that Directive.
Amendment 1230 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. By 12 months from the entry into force of this Regulation, compostable packaging shall contain a minimum content of renewable raw material of at least 60%.
Amendment 1232 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. Paragraphs 1 and 2 shall not apply to innovative packaging as defined at article 3 para 37.
Amendment 1240 #
2022/0396(COD)
6. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of recycled content used in the packagingtaking into account the cost of packaging waste management and the revenues from sales of secondary materials.
Amendment 1246 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3). The implementing acts can specify that calculation of recycled content from packaging covered by Regulation No 1935/2004 on materials and articles intended to come into contact with food is only included in the calculation of recycled content if the packaging application is also covered by Regulation No 1935/2004 on materials and articles intended to come into contact with food.
Amendment 1287 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
By 1 January 2028, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging.
Amendment 1309 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a
Article 7 – paragraph 9 – subparagraph 2 – point a
(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, and, as appropriate,
Amendment 1312 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point b
Article 7 – paragraph 9 – subparagraph 2 – point b
Amendment 1347 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By 2030 [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities and therefore allowed to be collected in bio-waste receptacles.
Amendment 1362 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Compostable packaging can be placed on the market providing the presence of a minimum content of renewable raw material determined as percentage of carbon of biological origin present in packaging compared to the total carbon present therein and using for this purpose the current European standard on the subject based on radiocarbon methods EN 16640. Agricultural biomass used for the manufacture of compostable packaging complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001. Forest biomass used for the manufacture compostable packaging complies with the criteria laid down in Article 29, paragraphs 6 and 7 of that Directive.
Amendment 1363 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 1372 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Member States which have transposed Article 22 of Directive 2008/98 and have appropriate waste collection schemes and waste treatment infrastructure are empowered to require that lightweight plastic carrier bags shall be compostable in industrially controlled conditions. The same provision shall apply to compostable packaging formats.
Amendment 1378 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. By [OP: Please insert the date = 24 months from the date of entry into force of this Regulation], packaging, labeled as compostable, other than that referred to in paragraphs 1 and 2, including packaging made of biodegradshall comply with the criteria listed in Annex III. Packaging made with compostable material that is not labele plastic polymers,d as compostable shall allow material recycling without affecting the recyclability of other waste streams.
Amendment 1381 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. By [OP: please insert the date = 12 months from the entry into force of this Regulation] compostable packaging shall contain a minimum content of renewable raw material of at least 60%.
Amendment 1383 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. TAfter an assessment of the Expert Group, the Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend paragraphs 1 and 2 of this Article by addingdd other types of packaging to the types of packaging covered by those paragraphs 1 and 2 of this Article when it is justified and appropriate due to technological and regulatory developments impacting the disposal of compostable packaging and under the conditions set out in Annex III. A public register containing the lists of such applications should be established and updated by the Commission.
Amendment 1390 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be collected and managed by a dedicated extended producer responsibility scheme.
Amendment 1402 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. PBy 1 January 2030, packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionalitys, as listed in the definition of packaging in Article 3(1), taking account of the material that the packaging is made of and its design, for a given material and a given shape.
Amendment 1422 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. PBy 1 January 2030, packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin, shall not be placed on the market, unless the product or packaging design is subject to intellectual property protection or benefits from the Union's geographical indications of origin protection or have been given distinctive product recognition by the Union, in each case protected under Union legislation.
Amendment 1432 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Amendment 1437 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For the purpose of assessing the compliance with this paragraph, space filled by paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene, styrofoam chips or other filling materials shall be considered as empty space, unless required to protect and to transport the goods.
Amendment 1445 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) the identification of the design requirements, including those related to intellectual property rights , which prevent further reduction of the packaging weight or volume, for each of these performance criteria;
Amendment 1465 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
Amendment 1498 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Amendment 1530 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regul36 months after the adoption of the implementing act referred to in paragraph 5, information], on packaging shall bear a label on packaging reusability andreusability shall be marked on a label on packaging or shall be available through a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
Amendment 1541 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, information should be conveyed to consumers via digital means of communication (e.g., website, QR code) or they shall be affixed to the grouped packaging.
Amendment 1547 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
By way of derogation from paragraph 4, the information referred to in paragraph 1 to 3 may be provided by electronic means identified on the package or on a label attached thereto.In such cases, the following requirements apply: (a) no user data shall be collected or tracked; (b) the information shall not be displayed with other information intended for sales or marketing purposes.
Amendment 1550 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Where Union legislation requires information on the packaged product to be provided via a data carrier, a single data carrier shall be used for providing the information required for both the packaged product and the packaging. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding provision of information by digital means.
Amendment 1557 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. By [OP: Please insert the date = 18 2 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of or the digital provision of information related to packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 1562 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. By [OP: Please insert the date = 124 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1 by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 1566 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Without prejudice to requirements concerning other harmonised EU labels, economic operators shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. From [OP: Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding aspects that are likely to mislead or confuse consumers or other end users.
Amendment 1574 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) mayshall be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packagingharmonised symbol to be established via an implementing act by the Commission in accordance with the examination procedure referred to in Article 59 (3).
Amendment 1580 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging referred to in paragraphs 1, 2 and 3, manufactured or imported before these deadlines, may be marketed until the stocks of the products are exhausted.
Amendment 1585 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8 b (new)
Article 11 – paragraph 8 b (new)
8b. This Article shall not apply to pharmaceutical packaging.
Amendment 1607 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 1619 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. Paragraphs 1 to 6 do not apply to custom made transport packaging for configurable devices and systems designed to be used in industrial and healthcare settings.
Amendment 1630 #
2022/0396(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 1643 #
2022/0396(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) the manufacturer and the importer have complied with the requirements set out in Article 13(5) and (6) and Article 16(3) respectively.
Amendment 1666 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is maximum 40 %inimised subject to the provisions within Part 1 and Part 2 of Annex IV.
Amendment 1684 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Space filled by filling materials such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, shall be considered as empty space, unless required to protect and to transport the goods.
Amendment 1697 #
2022/0396(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 1750 #
2022/0396(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste and improving the overall environmental outcomes in line with paragraph 2 of Article 4 of Directive 2008/98/EC. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific non-recyclable packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.
Amendment 1780 #
Amendment 2162 #
Amendment 2217 #
2022/0396(COD)
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. Each Member State shall reduce the packaging waste generated per capita, as compared to the packaging waste generated per capita in 2018the year of entry into force of this Regulation as reported to the Commission in accordance with Decision 2005/270/EC, for each of the specific materials contained in packaging waste listed in article 46, by
Amendment 2224 #
Amendment 2230 #
Amendment 2242 #
Amendment 2253 #
2022/0396(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. For the purpose of paragraph 2, Member States may use economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives through extended producer responsibility schemes and requirements on producers or producer responsibility organisations to adopt waste prevention plans. Such measures shall be proportionate and non-discriminatory and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty and with Article 4 of this Regulation.
Amendment 2271 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first timethe home country. Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.
Amendment 2305 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2030, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users of each packaging format listed in Table 1 Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2352 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2030, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users of each packaging format listed in Table 1 Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2353 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2030, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users of each packaging format listed in Table 1 Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2685 #
2022/0396(COD)
Proposal for a regulation
Annex II – Table 1 – row 11 a (new)
Annex II – Table 1 – row 11 a (new)
bottles and (11 a) Plastic PET - rigid flasks Opaque white
Amendment 2711 #
2022/0396(COD)
Proposal for a regulation
Annex II – Table 2 a (new)
Annex II – Table 2 a (new)
Indicative parameters that may be considered when developing design criteria for recycling under Article 6: 1. Additives 2. Labels 3. Closure systems and small parts 4. Adhesives 5. Printing inks 6. Colours 7. Material composition 8. Barriers / coatings 9. Ease of dismantling
Amendment 98 #
2022/0365(COD)
Proposal for a regulation
–
–
The Committee on Transport and Tourism calls on the Committee on Environment, Public Health and Food Safety, as the committee responsible, to propose rejection of the proposal for a regulation of the European Parliament and of the Council on type-approval of motor vehicles and engines and of systems, components and separate technical units intended for such vehicles, with respect to their emissions and battery durability (Euro 7) and repealing Regulations (EC) No 715/2007 and (EC) No 595/2009.
Amendment 189 #
2022/0365(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The technical requirements for the type-approval of motor vehicles, engines and replacement parts with regard to emissions (‘emission type-approval’) are currently set out in two Regulations that apply to emission type-approval for light- duty and heavy-duty vehicles respectively, i.e. Regulation (EC) No 715/2007 of the European Parliament and of the Council (‘Euro 6’)44 and Regulation (EC) No 595/2009 of the European Parliament and of the Council (‘Euro VI’)45 . The reason for having two Regulations was that the emissions of heavy-duty vehicles were checked based on engine testing, while for light-duty vehicles the basis was whole vehicle testing. Since then, methodologies have been developed that allow testing of both light- and heavy-duty vehicles on the road. It is therefore no longer necessary to base type-approval on engine testing. _________________ 44 Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1). 45 Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).
Amendment 197 #
2022/0365(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The type approval requirements for newly manufactured tyres C1, C2 and C3 are set in the General Safety Regulation ((EU) 2019/2144). Consequently, this Regulation complements those technical requirements – which remain the basis for new tyre type approval - with tyre abrasion requirements. The test method to measure tyre abrasion as well as tyre abrasion limits are being developed in the UN. In order to adopt such test method, relevant definitions, and tyre abrasion limits, this Regulation will have to be supplemented by secondary legislation along with the manufacturers’ obligations and relevant timeline for implementation as well as transitional period for tyres manufactured after a certain date according to Article 11 paragraph 3a (new).
Amendment 226 #
2022/0365(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure that the exhaust emissions for both light and heavy duty vehicles are limited in real life, testing vehicles in real conditions of use with a minimum set of restrictions, boundaries and other driving requirements and not only in the laboratory is required.
Amendment 233 #
2022/0365(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 245 #
2022/0365(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Non-exhaust emissions consist of particles emitted by tyres and brakes of vehicles. Emissions from tyres is estimated to be the largest source of microplastics to the environment. As shown in the Impact Assessment, it is expected that by 2050, non-exhaust emissions will constitute up to 90% of all particles emitted by road transport, because exhaust particles will diminish due to vehicle electrification. Those non-exhaust emissions should therefore be measured and limited. The Commission should prepare a report on tyre abrasion by the end of 2024 to review the measurement methods and state-of-the- art in order to propose tyre abrasion limitsdeveloped in the UN with the view of ensuring consistency in the definition of tyre abrasion limits. In addition, the Report should include, to the extent possible, an impact assessment on tyre abrasion requirements, filling the gaps identified in this Regulation’s impact assessment.
Amendment 315 #
2022/0365(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to amend or supplement, as appropriate, non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of test conditions based on data collected when testing Euro 7 vehicles, brakes or tyres; test requirements, in particular taking into account technical progress and data collected when testing Euro 7 vehicles; introducing vehicle options and designations based on innovative technologies for manufacturers but also setting out brake particle emission limits and abrasion limits for tyre types in accordance with the test method and limits developed in the UN as well as minimum performance requirements of batteries and durability multipliers based on data collected when testing Euro 7 vehicles and setting out definitions and special rules for small volume manufacturers for vehicles of categories M2, M3, N2, N3, It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making51 . In particular, in order to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 51 OJ L 123, 12.5.2016, p. 1.
Amendment 331 #
2022/0365(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes common technical requirements and administrative provisions for the emission type-approval and market surveillance of motor vehicles, systems, components and separate technical units, with regard to their CO2 and pollutant emissions, fuel and energy consumption and battery durability. Technical requirements and administrative provisions established by this regulation for the emission type- approval and market surveillance of newly manufactured tyres, are to be considered together with the tyre technical requirements and administrative provisions of the General Safety Regulation (EU) 2019/2144.
Amendment 360 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 11
Article 3 – paragraph 2 – point 11
(11) ‘particulate matter’ or ‘PM’ means any material emitted from the tailpipe or the brakes and collected on a filter media according to the procedure described in this Regulation;
Amendment 364 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 14
Article 3 – paragraph 2 – point 14
(14) ‘’10 nm particle number above 10 nm’ or ‘PN10’ means the total number of solid particles emitted from the tailpipe or the brakes that have a diameter larger or equal thanmeasured according to the procedure described in this Regulation with a nominal cut-off at 10 nm;
Amendment 380 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 34
Article 3 – paragraph 2 – point 34
(34) ‘original pollution control systems’ means a pollution control system or an assembly of such systems covered by the type-approval granted for the vehicle concerned and fitted within the vehicle at the date of its first registration;
Amendment 385 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 37
Article 3 – paragraph 2 – point 37
(37) ‘on-board diagnostic system’ or ‘OBD’ means a system that can generate vehicle on-board diagnostic (OBD) information, as defined in Article 3, point 49, of Regulation (EU) 2018/858 and is capable of communicating that information via the OBD port and over the air, in the context of this Regulation, a system on-board the vehicle which has the capability of detecting malfunctions of the monitored emission control systems, identifying the likely area of a malfunction by means of fault codes stored in computer memory, and illumination of the Malfunction Indicator (MI) to notify the operator of the vehicle;
Amendment 395 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 38
Article 3 – paragraph 2 – point 38
(38) ‘on-board monitoring system’ or ‘OBM’ means a system on board a vehicle that is capable of detecting either emission exceedances omonitoring emissions under wthen a vehicle is in zero emission mode if applicable, and capable of indicating the occurrence of such exceedances by means of information stored in the vehicle, and of communicating that consideration of OBM measurement tolerances and providing information via the OBD port and over the air;
Amendment 436 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 62
Article 3 – paragraph 2 – point 62
(62) ‘power-to-mass-ratio’ means the ratio of rated power to the mass in running ordertechnically permissible maximum laden mass as defined in Annex XII of Regulation (EU) 2021/535;
Amendment 454 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 71
Article 3 – paragraph 2 – point 71
Amendment 467 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 77
Article 3 – paragraph 2 – point 77
Amendment 472 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 78
Article 3 – paragraph 2 – point 78
Amendment 484 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Manufacturers shall ensure that the new vehicles they manufacture, which are sold, registered or put into service in the Union, are type approved in accordance with this Regulation. MAs from the specific application dates of this Regulation, manufacturers shall ensure that the new components or separate technical units, including engines, traction batteries, brake emission systems and replacement pollution control systems requiring type- approval which they manufacture and which are sold or put into service in the Union are type approved in accordance with this Regulation.
Amendment 492 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Manufacturers shall design, construct and assemble vehicles to comply with this Regulation, including complying with the emission limits set out in Annex I aund respecting the values declared in the certificate of conformity and in theer the conditions set out in Annex III and respecting type- approval documentation for the lifetime of the vehicle as set out in table 1 of Annex IV. These vehicles shall be designated as “Euro 7” vehicles.
Amendment 504 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
When verifying compliance with the exhaust emission limits, where the testing is performed in one extended driving conditions, the emissions shall be divided by the extended driving divider set out in Annex III.
Amendment 508 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Manufacturers shall design and construct components or separate technical units, currently only including engines, traction batteries, brake systems and replacement pollution control systems to comply with this Regulation, including complying with the emission limits set out in Annex I and the conditions set out in Annex III.
Amendment 520 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point a
Article 4 – paragraph 6 – point a
(a) OBD systems capable of detecting malfunctioning systems which lead to exhaust emission exceedances in order to facilitate repairs;
Amendment 525 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point b
Article 4 – paragraph 6 – point b
(b) OBM systems capable of detecting emissions above the emission limits due to malfunctions, increased degradation or other situations that increase emissionmonitoring exhaust within the capability of OBM measurement tolerances;
Amendment 528 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point c
Article 4 – paragraph 6 – point c
(c) OBFCM device to monitor their real-world fuel and energy consumption and for vehicles of category N2 and N3 other relevant parameters such as payload/mass which are needed to determine their real-world fuel and energy efficiency;
Amendment 562 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 576 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 580 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Manufacturers may designate vehicles of category M1 and N1 as “Euro 7A vehicle” where those vehicles are equipped with adaptive control functions. The use of adaptive control functions shall be demonstrated to the type-approval authorities during type- approval and verified during the lifetime of the vehicle as set out in table 1, Annex IV.
Amendment 586 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Manufacturers may designate vehicles of category M1 and N1 as “Euro 7G vehicle” where those vehicles are equipped with internal combustion engines with geofencing technologies. The manufacturer shall install a driver warning system on those vehicles to inform the user when the traction batteries are nearly empty and to stop the vehicle if not charged within 5 km from the first warning while on zero- emission mode. The application of such geofencing technologies may be verified during the lifetime of the vehicle.
Amendment 596 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Manufacturers may construct vehicles combining two or more ofof category M1 and N1 combining the characteristics referred to in paragraphs 1, 2 or 33 and 4 and designate them using a combination of symbols and letters such as “Euro 7+A”, “Euro 7+G”, “Euro 7+AG” oras “Euro 7AG” vehicles.
Amendment 608 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 614 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Manufacturers shall ensure that OBFCM, OBD and OBM devices and anti- tampering measures installed in these vehicles comply with the provisions of this Regulationremain unchanged as long as the vehicle is in use.
Amendment 630 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
(b) communicating the data of the emission behaviour of the vehicle, including pollutant sensor and exhaust flow data, via the OBD port and over the air, including for the purpose of roadworthiness tests and technical roadside inspections55 ,56 or for the purpose of providing third-party services that assist the vehicle user in reducing emissions in use phase; _________________ 55 Directive 2014/47/ EU of the European Parliament and of the Council of 3 April 2014 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (OJ L 127, 29.4.2014, p. 134). 56 Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 129)
Amendment 645 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The OBFCM devices installed by the manufacturer in these vehicles shall be capable of communicating thelegally appropriate and necessary vehicle data they record via the OBD port and over the air including but not limited to the provision of third-party services to the vehicle user.
Amendment 676 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 689 #
2022/0365(COD)
Article7a Specific provisions relating to vehicle tires abrasion 1. Tyre classification and definitions for the purposes of abrasion emission type approval shall follow the uniform provisions developed in the UN concerning the approval of tyres with regard to Tyre Abrasion emissions Type Approval and be included in this Regulation through an implementing act as per article 14 paragraph 3. 2. Any derogation to these requirements should be developed in the UN and included in this Regulation by delegated act as per Article 15.
Amendment 703 #
2022/0365(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 708 #
2022/0365(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 722 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. With effect from … [OP please insert the date = the date of entry into force of this Regulation]the publication of the implementing or delegated acts, where a manufacturer so requests, the national approval authorities shall not refuse to grant EU emission type-approval or national emission type-approval for a new type of vehicle or engine, or prohibit the registration, sale or entry into service of a new vehicle complying with this regulation.
Amendment 723 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Starting 24 months after the entry into force of this Regulation, and following the relevant timeline and specific provisions for components, and separate technical units, national authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, refuse to grant EU emission type-approval or national emission type- approval with regard to new types of M1 vehicles which do not comply with this Regulation.
Amendment 725 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 3 b (new)
Article 10 – paragraph 3 b (new)
3b. Starting 36 months after the entry into force of this Regulation, and following the relevant timeline and specific provisions for components, and separate technical units, national authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, refuse to grant EU emission type-approval or national emission type- approval with regard to new types of N1 vehicles which do not comply with this Regulation.
Amendment 732 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. With effect from 1 July 202536 months after entry into force of this Regulation, and following the relevant timeline and specific provisions for components, and separate technical units, national authorities shall, in the case of new M1, N1 vehicles which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 739 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. As of 48 months after entry into force of this Regulation, and following the relevant timeline and specific provisions for components, and separate technical units, national authorities shall, in the case of new N1 vehicles not complying with this Regulation, consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 746 #
2022/0365(COD)
5. With effect from 1 July 2027, national authorities shall, As of 48 months after entry into force of this Regulation, and following the case of new M2, M3, N2, N3 vehicles and new O3, O4 trailers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration andrelevant timeline and specific provisions for components, and separate technical units, national authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, srefuse to grant EU emission type-approvale or entry into service of such vehiclesnational emission type-approval in the case of new types of M2, M3, N2, N3 vehicles and new O3, O4 trailers which do not comply with this Regulation.
Amendment 755 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. As of 60 months after entry into force of this Regulation, and following the relevant timeline and specific provisions for components, and separate technical units, national authorities shall, in the case of new M2, M3, N2, N3 vehicles and new O3, O4 trailers not complying with this Regulation, consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 767 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. With effect from 1 July 20305, national authorities shall, in the case of new M1, N1 vehicles constructed by small volume manufacturers which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 776 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Commission shall adopt implementing acts laying down the administrative and technical elements required for performing tests, checks and inspections for the purposes of verifying compliance with paragraph 1, as well as the technical elements required for market surveillance checks under paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2) and shall enter into force at least [3] years before the applicable dates in Article 10 (4) and (5).
Amendment 787 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 202536 months after entry into force of this Regulation, the sale or installation of a system, component or separate technical unit intended to be fitted on an M1, N1 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not of type approved in compliance with this Regulation.
Amendment 791 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Amendment 799 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. With effect from 1 July 202760 months after entry into force of this Regulation,, the sale or installation of a system, component or separate technical unit intended to be fitted on an M2, M3, N2, N3 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not type approved in compliance with this Regulation.
Amendment 806 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
Amendment 834 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point e
Article 14 – paragraph 3 – point e
(e) anti-tampering, security and cybersecurity systems and security;
Amendment 837 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point g
Article 14 – paragraph 3 – point g
(g) brake system types and their replacement parts; specifically for the different vehicle categories that also take into account other on-vehicle systems that contribute to vehicle braking and braking of trailers;
Amendment 844 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point h
Article 14 – paragraph 3 – point h
(h) tyre types in respect to tyre abrasion as defined by the pertinent UN WP29 Regulation;
Amendment 860 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point a
Article 14 – paragraph 4 – subparagraph 1 – point a
(a) for vehicles under the scope of Regulation (EC) 715/2007, the methods to measure exhaust emissions in the lab and on the road, including random and worst-casemeasures against biased driving and misuse during RDE test cyclesing, the use of portable emissions measurement systems for verifying real driving emissions, and idle emissions;
Amendment 869 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point a a (new)
Article 14 – paragraph 4 – subparagraph 1 – point a a (new)
(aa) for vehicles under the scope of Regulation (EC) 595/2009, to carry-over all laboratory and in-service conformity (ISC-PEMS) test procedures laid down in that Regulation and its subsequent amendments;
Amendment 878 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point g
Article 14 – paragraph 4 – subparagraph 1 – point g
(g) the methods to measure brake particle emissions, including methods for HDV, real driving brake particle emissions on the basis of the completed UNECE GTR for M1 and N1 vehicles and to carry out an expansive inter-laboratory test program to determine the baseline for M1 and N1 vehicle brake wear emissions from which proportional brake wear limits can be considered, a similar approach for HDV when an appropriate test method has first been developed at UNECE level and regenerative braking;
Amendment 888 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point h
Article 14 – paragraph 4 – subparagraph 1 – point h
(h) the methods to measure tyre abrasion in order to monitor tyre abrasion ratesrates in line with the relevant UN WP29 Regulation;
Amendment 894 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point j
Article 14 – paragraph 4 – subparagraph 1 – point j
(j) OBFCM device, OBD and OBM systems, including compliance thresholds, performance requirements and tests, methods to ensure performance of sensors and over the air communication of data recorded by these devices and systems;
Amendment 906 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point r
Article 14 – paragraph 4 – subparagraph 1 – point r
(r) specifications of reference fuels for testing that include in the Fuel Quality Directive 98/70/EC an improved environmental specification for market fuels to enable exhaust pollutant reduction;
Amendment 912 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point t
Article 14 – paragraph 4 – subparagraph 1 – point t
Amendment 931 #
2022/0365(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 950 #
2022/0365(COD)
Amendment 992 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Regulation (EC) 715/2007 is repealed with effect from 1 July 20257.
Amendment 999 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Regulation (EC) 595/2009 is repealed with effect from 1 July 20279.
Amendment 1008 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
It shall apply from 1 July 2025 for M1,24 months after entry into force of this Regulation for M1 vehicles, from 36 months after entry into force of this Regulation for N1 vehicles and components and separate technical units for those vehicles and from 1 July 202748 months after entry into force of this Regulation for M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers.
Amendment 1017 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
It shall apply from 1 July 20305 for M1, N1 vehicles constructed by small volume manufacturers.
Amendment 1021 #
2022/0365(COD)
paragraph 6 of UN Global Technical Regulation 21
2 Measured in accordance with paragraph 5.3.2. of UN/ECE Regulation No 85 in the case of ICEVs and PEVs, or, in all other cases, measured in accordance with one of the test procedures laid down in
paragraph 6 of UN Global Technical Regulation 21
paragraph 6 of UN Global Technical Regulation 21
Euro 7 exhaust emission limits for M1, N1 vehicles with internal combustion engine Pollutant M1, N1 Only for N1 Emission Emission emissions vehicles vehicles with budget for all budget for all power to mass trips less than trips less than ratio1 less than 10 km for 10 km only for 3540 kW/t M1,N1 forN1 vehicles vehicles with power to mass ratio less than 3540 kW/t
Amendment 1028 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 1 – Row 3
Annex I – Table 1 – Row 3
Amendment 1034 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 1 – Row 4
Annex I – Table 1 – Row 4
Euro 7 exhaust emission limits for M1, N1 vehicles with internal combustion engine Pollutant Emission Emission emissions budget for all budget for all Only for N1 trips less than trips less than vehicles with 10 km for M1, 10 km only for M1, N1 vehicles power to mass N1 vehicles N1 vehicles with ratio256 less than power to mass 35 kW/t ratio less than 35 kW/t per km per km per trip per trip PM in mg 4.5 4.5 45 45 50
Amendment 1042 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 1 – Row 6
Annex I – Table 1 – Row 6
Euro 7 exhaust emission limits for M1, N1 vehicles with internal combustion engine Pollutant Emission Emission emissions budget for all budget for all Only for N1 trips less than trips less than vehicles with 10 km for M1, 10 km only for M1, N1 vehicles power to mass N1 vehicles N1 vehicles with ratio2930 less than power to mass 35 kW/t ratio less than 35 kW/t per km per km per trip per trip CO in mg 500 63740 5000 6300 7400
Amendment 1050 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 1 – Row 7
Annex I – Table 1 – Row 7
36 Measured in accordance with paragraph 5.3.2. of UN/ECE Regulation No 85 in the case of ICEVs and PEVs, or, in all other cases, measured in accordance with one of the test procedures laid down in paragraph 6 of UN Global Technical Regulation 21 37 Measured in accordance with paragraph 5.3.2. of UN/ECE Regulation No 85 in the case of ICEVs and PEVs, or, in all other cases, measured in accordance with one of the test procedures laid down in paragraph 6 of UN Global Technical Regulation 21 Euro 7 exhaust emission limits for M1, N1 vehicles with internal combustion engine Pollutant Emission Emission emissions budget for all budget for all Only for N1 trips less than trips less than vehicles with 10 km for M1, 10 km only for M1, N1 vehicles power to mass N1 vehicles N1 vehicles with ratio378 less than power to mass 35 kW/t ratio less than 35 kW/t per km per km per trip per trip THC in mg 100 1360 1000 13600
Amendment 1057 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 1 – Row 8
Annex I – Table 1 – Row 8
Euro 7 exhaust emission limits for M1, N1 vehicles with internal combustion engine Pollutant Emission Emission emissions Only for N1 budget for all budget for all Only for N1 trips less than trips less than vehicles with 10 km for M1, 10 km only for M1, N1 vehicles power to mass N1 vehicles N1 vehicles with ratio45 less than power to mass 35 kW/t vehicles with trips less than trips less than M1, N1 vehicles power to mass 10 km for M1, 10 km only for ratio46 less than N1 vehicles N1 vehicles with 35 kW/t power to mass ratio less than 45 Measured in accordance with paragraph 5.3.2. of UN/ECE Regulation No 85 in the case of ICEVs and PEVs, or, in all other cases, measured in accordance with one of the test procedures laid down in paragraph 6 of UN Global Technical Regulation 21 46 ratio less thanMeasured in accordance with paragraph 5.3.2. of UN/ECE Regulation No 85 in the case of ICEVs and PEVs, or, in all other cases, measured in accordance with one of the test procedures laid down in paragraph 6 of UN Global Technical Regulation 21 35 kW/t per km per km per trip per trip NMHC in mg 68 90 108 680 900 1080
Amendment 1064 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 1 – Row 9
Annex I – Table 1 – Row 9
Euro 7 exhaust emission limits for M1, N1 vehicles with internal combustion engine Pollutant Emission Emission emissions budget for all budget for all Only for N1 trips less than trips less than vehicles with 10 km for M1, 10 km only for M1, N1 vehicles power to mass N1 vehicles N1 vehicles with ratio512 less than power to mass 35 kW/t ratio less than 35 kW/t per km per km per trip per trip NH3 in mg 20 20 - 200 200 -
Amendment 1079 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 2
Annex I – Table 2
Amendment 1124 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 5
Annex I – Table 5
Amendment 1171 #
2022/0365(COD)
Proposal for a regulation
Annex II – Table 2 – Section I – Row 1
Annex II – Table 2 – Section I – Row 1
Euro 7 Minimum performance requirements (MPR) for battery durability for NM1 vehicles Battery energy based Start of life to 5 Vehicles more than Start of life to 8 years Vehicles up to MPR years or 1060 000 km 5 years or 100 000 additional lifetime whichever comes km, and up to first whichever comes first of 8 years or 160 000 kmfirst OVC-HEV 75% 65% PEV 75% 65%
Amendment 1203 #
2022/0365(COD)
Proposal for a regulation
Annex III – Table 1 – row 2
Annex III – Table 1 – row 2
Conditions for testing compliance of M1, N1 vehicles with exhaust emission limits with any market fuel and lubricant within the specifications issued by the manufacturer of the vehicle Parameter Normal driving Extended driving conditions* conditions - 1.6 (applies to measured Extended driving emissions only during the time divider when one of the conditions set Extended driving out in this column applies; and in divider the case two or more conditions are met, that partof the trip shall be excluded and set invalid)
Amendment 1218 #
2022/0365(COD)
Proposal for a regulation
Annex III – Table 1 – row 2
Annex III – Table 1 – row 2
Conditions for testing compliance of M1, N1 vehicles with exhaust emission limits with any market fuel and lubricant within the specifications issued by the manufacturer of the vehicle Parameter Normal driving Extended driving conditions* conditions Trip composition Any - - Biased and rare driving Biased and rare driving conditions are not conditions are not allowed allowed
Amendment 1228 #
2022/0365(COD)
Proposal for a regulation
Annex III – Table 2
Annex III – Table 2
Conditions for testing compliance of M1, N1 vehicles with exhaust emission limits with any market fuel and lubricant within the specifications issued by the manufacturer of the vehicle Parameter Normal driving conditions Extended driving for reference Ambient According to paragraph 4.2 of Annex 8 to conditions* - 2 (applies to measured Extended Driving emissions only during the time DividerCovering -7°C to temperature UN-ECE Regulation No.49-07 when one of the conditions set 38°C out According this column applies) Ambient -7°C to 35°C -10°C to -7°C or 35°C to 45°C temperature o paragraph 4.2 of Annex 8 to Maximum altitude 1 600 m From 1 600 to 1 800 m Not allowed 1700 meters UN-ECE Regulation No.49-07 Allowed according to Towing/aerodynami manufacturer specifications c modifications and up to the regulated speed Vehicle Payload Higher or equal than 10% Less than 10% Auxiliaries Possible as per normal use - Internal Combusparagraph 4.1 of Annex 8 to Vehicle payload ≥ 10% UN-ECE Regulation No.49-07 According to paragraph 4.5 of Annex 8 to Trip composition Any - Engine Loading at cold start Trip composition As per usual use Urban / rural / UN-ECE Regulation No.49-07 - 5 000 km for <16t TPMLM Between 3 000 km and 5 000 10 000 km for > 16t TPMLM km for <16t TPMLM motorway According to paragraph 3.2 of Annex 8 to Minimum mileage Between 3 000 km and 10 00025,000 km UN- km for > 16t TPMLMECE Regulation No.49-07
Amendment 1254 #
2022/0365(COD)
Proposal for a regulation
Annex III – Table 5
Annex III – Table 5
Amendment 131 #
2022/0358(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to providers of online short-term rental platforms that offer services to hostand online short-term rental advertising platforms that offer services to hosts and other online short-term rental platforms providing short-term accommodation rental services in the Union, irrespective of their place of establishment.
Amendment 132 #
2022/0358(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Regulation also applies to hosts providing short-term accommodation rental services in the Union, their intermediaries and the local authorities managing the data collected, irrespective of their place of establishment.
Amendment 139 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – introductory part
Article 3 – paragraph 1 – point 1 – introductory part
(1) ‘unit’ means a furnished accommodation located in the Union that is the subject of the provision of a short-term accommodation rental service, as further defined by national law. It does not include the following:
Amendment 145 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) ‘property manager’ means any entity that has been retained to perform and carry out short term rentals, operation and management services at one or more of the units owned by the host;
Amendment 147 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘online short-term rental advertising platform’ means a service within the meaning of Article 3, point (i) and (j) of Regulation (EU) 2022/2065, that display advertising of short-term accommodation rental services on their platform but that do not allow guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services;
Amendment 157 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘activity data’ means the number of nights for which a unit is rented corresponding to the number of actual stays in the unit and the number of guests that have been declared to stayed in the unit per night, and, in accordance with Regulation (EU) 692/2011, their country or geographical area of residence;
Amendment 161 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(aa) the requirements on hosts underlying the registration procedures are proportionate, non-discriminatory and justified;
Amendment 163 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) registration procedures allow for theonline, automatic and, immediate issue of a registration number for a specific unit upon the submission by the host of the information referred to in Article 5(1) and, where appropriate, any supporting documentation required pursuant to Article 5(2);
Amendment 169 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
(g) hosts are required, when offering their short-term accommodation rental services via an online short-term rental platform or an online short-term rental advertising platform, to declare whether the unit offered is located in an area where a registration procedure has been established or applies and, if so, to provide the registration number.
Amendment 184 #
2022/0358(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)
Article 5 – paragraph 1 – point a – point 4 a (new)
(4a) where applicable, if the host uses the intermediary services of a property manager;
Amendment 195 #
2022/0358(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Hosts shall be responsible for the accuracy of the information that they provide to competent authorities pursuant to this Article, and of the information that they provide to online short-term rental platforms and to online short-term rental advertising platforms pursuant to Article 7 of this Regulation.
Amendment 200 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where a host fails to rectify the requested information pursuant to paragraph 2, the competent authority shall have the power to suspend the validity of the affected registration numbers and to issue an order requesting online short-term rental platforms and short-term advertising platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 205 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where a competent authority, after verification pursuant to paragraph 1, finds that there are manifest and serious doubts as regards the authenticity and validity of the information or documentation submitted pursuant to Article 5(1) and 5(2), it shall have the power to suspend the validity of the affected registration numbers and to issue an order requesting online short-term rental platforms and online short-term rental advertising platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 215 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
(b) clear information enabling the provider of the online short-term rental platform or the provider of the online short-term rental advertising platform to identify and locate the listing or listings concerned, such as one or more exact uniform resource locators (URL) and the identity of the competent authority;
Amendment 217 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point c
Article 6 – paragraph 6 – point c
(c) the identity of the host andregistration number of the unit offered for short-term accommodation rental services.
Amendment 233 #
2022/0358(COD)
(c) make reasonable efforts to regularly carry out randomly checks of the declaration of the hosts concerning the existence or not of a registration procedure, taking into account the list made available pursuant to Article 13(1), point (a), and, where such a procedure exists, the validity of the registration number provided by the host, including through the use of the functionalities offered by the Single Digital Entry Points referred to in Article 10(2), point (b), after allowing the offering of the short-term accommodation rental services by the host.
Amendment 259 #
2022/0358(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) facilitate random checks by online short-term rental platforms and by online short-term rental advertising platforms pursuant to Article 7(1), point (c) of the validity of registration numbers provided by hosts;
Amendment 311 #
2022/0358(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
It shall apply from [OP please insert date = 12 months after the date of entry into force of this Regulation]. However, Article 7 and Article 9 shall apply from [OP please insert date = 24 months after the date of entry into force of this Regulation].
Amendment 113 #
2022/0347(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive sets intermediate limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectivelimit values and average exposure reduction obligations (‘air quality standards’) to be met by the year 20340, and regularly reviewed thereafter in accordance with Article 3.
Amendment 117 #
2022/0347(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive also sets target values, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives. Furthermore, this Directive contributes to achieving: the Union’s pollution-reduction, biodiversity and ecosystem objectives in accordance with the 8th Environment Action Programme, as set out in Decision (EU) 2022/591 of the European Parliament and of the Council55 . __________________ 55 Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).
Amendment 159 #
2022/0347(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Where, in a given zone , conformity with the limit values for particulate matter (PM10 and PM2.5) or nitrogen dioxide cannot be achieved by the deadline specified in Table 1 of Section 1 of Annex I, because of site-specific dispersion characteristics, orographic boundary conditions, adverse climatic conditions or transboundary contributions, due to the complex characteristics of its secondary formation in the atmosphere which complicate the task of assessing the feasibility of complying with strict limit values, a Member State may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met:
Amendment 160 #
2022/0347(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 189 #
2022/0347(COD)
Proposal for a directive
Annex I – Section 1 – table 1
Annex I – Section 1 – table 1
Amendment 305 #
2022/0347(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive sets intermediate limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectivelimit values and average exposure reduction obligations (‘air quality standards’) to be met by the year 20340, and regularly reviewed thereafter in accordance with Article 3.
Amendment 320 #
2022/0347(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive also sets target values, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives. Furthermore, this Directive contributes to achieving: the Union’s pollution-reduction, biodiversity and ecosystem objectives in accordance with the 8th Environment Action Programme, as set out in Decision (EU) 2022/591 of the European Parliament and of the Council55. _________________ 55 Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).
Amendment 530 #
2022/0347(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Where, in a given zone , conformity with the limit values for particulate matter (PM10 and PM2.5) or nitrogen dioxide cannot be achieved by the deadline specified in Table 1 of Section 1 of Annex I, because of site-specific dispersion characteristics, orographic boundary conditions, adverse climatic conditions or transboundary contributions, a Member State may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met:
Amendment 540 #
2022/0347(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 772 #
2022/0347(COD)
Proposal for a directive
Annex I – Section 1 – table 1
Annex I – Section 1 – table 1
Averaging period Limit value PM2.5 1 day 237,5 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 105 μg/m³ PM10 PM10 1 day 450 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Nitrogen dioxide (NO2) 1 hour 200 μg/m3 not to be exceeded more than once per calendar year 1 day 50 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Sulphur dioxide (SO2) 1 hour 350 μg/m3 not to be exceeded more than once per calendar year 1 day 50 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Benzene Calendar year 3,4 μg/m3 Carbon monoxide (CO) maximum daily 8 – hour mean 10 mg/m3 (1) (1) 1 day 4 mg/m3 not to be exceeded more than 18 times per calendar year Lead (Pb) Calendar year 0,5 μg/m3 Arsenic (As) Calendar year 6,0 ng/m³ Cadmium (Cd) Calendar year 5,0 ng/m³ Nickel (Ni) Calendar year 20 ng/m³ Benzo(a)pyrene Calendar year 1,0 ng/m³ (1) The maximum daily 8-hour mean concentration will be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated will be assigned to the day on which it ends i.e. the first calculation period for any 1 day will be the period from 17.00 on the previous day to 1.00 on that day; the last calculation period for any 1 day will be the period from 16.00 to 24.00 on that day.
Amendment 258 #
2022/0278(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commission as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 276 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond to impacts of crisesensure the proper functioning onf the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance and crisis-relevantternal market by setting out harmonised rules to ensure an effective response to crises and to facilitate the free movement of goods and, services in the Single Marketand persons.
Amendment 281 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 293 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 299 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 310 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5 a. This Regulation is without predjudice to the European Union rules on Intellectual property rights.
Amendment 311 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 324 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale that takes place inside or outside of the Union which has a severe impact on the free movement of persons, goods and services;
Amendment 349 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘strategic reserves’ means a stock of goods of strategic importance under the control of a Member State for which building a reserve may be necessary to prepare for a Single Market emergency, under the control of a Member State.
Amendment 367 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may invite a representative of the European Parliament,, in accordance with the advisory group, may invite representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory group. __________________ 49 OJ L 1, 3.1.1994, p. 3.
Amendment 400 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point f a (new)
Article 4 – paragraph 5 – point f a (new)
(fa) establishing whether the criteria for the activation or deactivation of the vigilance mode have been fullfilled.
Amendment 414 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point e
Article 4 – paragraph 6 – point e
(e) facilitating exchanges and sharing of information, including with other crisis- relevant bodies at Union level, as well as, as appropriate, third countries, with particular attention paid to developing countries, and intwith economic opernational organisationors.
Amendment 424 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6. These opinions, recommendations and reports are binding on the EU Commission.
Amendment 433 #
2022/0278(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the Single Market vigilance and emergency modes under this Regulation. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the Single Market vigilance and emergency modes. The central liaison offices of the Member States shall guarantee the transfer of information to stakeholders in the Emergency mode referred to in Part IV of the Regulation.
Amendment 437 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission taking into consideration the opinion of the advisory group, including economic operators and the input of relevant Union level bodies, is empowered after consulting the Member States, to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular:
Amendment 460 #
2022/0278(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission shall organise the training on crisis coordination, cooperation and information exchange referred to in Article 6 for the staff of the designated central liaison offices. It shall organise simulations involving the staff of the central liaison offices from all Member States based on potential scenarios of Single Market emergencies, with the involvment of economic operators potentially involved in the various crisis scenarios.
Amendment 468 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The central liaison offices and any relevant national competent authorities shall, in accordance with Union law and national legislation that complies with Union law, treat the information referred to in paragraph 1 in a way that respects its confidentiality, protects the security and public order of the European Union or its Member States, and protects the security and commercial interests of the economic operators concerned, adopting all technological, digital and contractual instruments necessary to guarantee the secrecy of information. In the event of disclosure of secret information, economic operators shall have the right to take legal proceedings for compensation of damages.
Amendment 494 #
2022/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking intoin due consideration of the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Such an implementing act shall contain the following:
Amendment 515 #
2022/0278(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking intoin due consideration of the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act.
Amendment 533 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall provide for standardised and secure means for the collection and processing of information for the purpose of paragraph 1, using electronic means. Before providing the standardised means for information, the Commission shall carry out a consultation with the advisory group and the economic operators with a view to identifying the appropriate and proportionate content of the information, the reasonable deadline to provide them and to evaluate how to better protect sensitive information. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive informationand information affecting the security and public order of the Union or its Member States shall be ensured.
Amendment 549 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Commission mayshall ask the advisory group to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategic importance.
Amendment 555 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission mayshall provide a report of the aggregated findings.
Amendment 562 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementing act adopted pursuant to Article 9(1),, in due consideration of the opinion of the advisory group, identify those for which it may be necessary to build a reserve in order to prepare for a Single Market emergency, taking into account the probability and impact of shortages. The Commission shall inform the Member States thereof.
Amendment 566 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission may require, by means of implementing acts, that the Member States provide information on the goods listed in an implementing act adopted pursuant to Article 9(1), as regards all of the following:
Amendment 567 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
Amendment 568 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
The implementing actrequests for information shall specify the goods for which information is to be given.
Amendment 569 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
Amendment 573 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 575 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 576 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1
Article 12 – paragraph 6 – subparagraph 1
Amendment 578 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 622 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Commission, taking into due consideration the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode.
Amendment 631 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 639 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 642 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where the Commission considers, taking into due consideration the opinion provided by the advisory group, that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act.
Amendment 650 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where the advisory group has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinion to that effect and transmit it to the Commission. Where the Commission, taking into due consideration the opinion provided by the advisory group, considers a Single Market emergency no longer exists, it shall propose to the Council without delay the deactivation of the Single Market emergency mode.
Amendment 662 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. When adopting and applying national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions fully comply with the Treaty and Union law and, in particular, with the requirements laid down in this ArticleRestrictions on free movement of people, goods and services should only be adopted in absence of possible alternative measures and shall fully comply with the Treaty and Union law.
Amendment 668 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Any restriction shall be limited in time and immediately removed as soon as the situation allows it. Additionally, any restriction should take into due account the situation of border regions.
Amendment 676 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner and shall be easily accessible.
Amendment 680 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continuous dialogue with stakeholders before and while adopting any potential restriction, including communication with social partners and international partners.
Amendment 705 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the following, unless to do so is inherent to the nature of the crisis:
Amendment 708 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from any of the following unless to do so is inherent to the nature of the crisis/Single Market emergency:
Amendment 710 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point a
Article 17 – paragraph 4 – point a
Amendment 765 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 16 a (new)
Article 19 – paragraph 16 a (new)
16 a. The Commission shall publish the measures adopted by the Member States in the context of the internal market emergency that restrict free movement of goods, services and persons, including workers, which have been notified. Those measures shall be published within one working day of their receipt via an electronic platform managed by the Commission. Information shall be clear and easily accessible, in particualr for people affected by disabilities.
Amendment 770 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via the respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by-step guide. The information shall be provided in clear, understandable and intelligible language. It shall be easily accessible at a distance and by electronic means and shall be kept up to date. Member States shall make best efforts to provide the information in all official languages of the Union, paying particular attention to the situation and needs of the border regions.
Amendment 792 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission may invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a setreasonable time limit, specific information to the Commission on in accordance withe production capacities and possible existing stocks of crisis- relevant goods and components thereof in Union production facilities and third country facilities which it operates, caragraph 3. The information request contains a notice indicating that Single Points of Contracts or purchases supply from, as well as information on any relevant supply chain disruptions within a given deadlineperated by the Member States pursuant to Article 21 can provide support, especially to SMEs, in completing the request.
Amendment 809 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis-relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. The Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States.
Amendment 814 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The Commission Decisions containing individual information requests shall contain a reference to the implementing act referred to in paragraph 2 on which they are based and to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal decision shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply.
Amendment 818 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The owners of the economic operators or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator or the association of economic operators concerned. Each economic operator or association of economic operators shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
Amendment 826 #
2022/0278(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States and the Commission shall ensure the protection of trade and business secrets, intellectual property and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, in accordance with Union and the respective national law. In the event of an involuntary disclosure of data, the economic operator shall have the right to take legal proceedings for compensation of damages.
Amendment 829 #
2022/0278(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission mayshall present to the advisory group referred to in Article 4 aggregate information based on any information collected pursuant to Article 24.
Amendment 830 #
2022/0278(COD)
Proposal for a regulation
Article 26
Article 26
Amendment 845 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, following a positive opinion of the advisory group reached unanimously, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders in such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission may, following a positive opinion of the advisory group reached unanimously, address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Market
Amendment 850 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept and prioritise the orders specified in the decision, it shall provide to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate, in light of the objectives of this provision, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on account of insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, particularly taking into account the prices and quantities specified by the Commission or other considerations of comparable gravity.
Amendment 853 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
Amendment 856 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and, where applicable, specify the product and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable priceThe priority rated order shall be placed at a fair and reasonable price, which shall include, where relevant, an appropriate compensation for all additional costs incurred by the economic operator.
Amendment 857 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 8
Article 27 – paragraph 8
8. The implementing acts referred to in paragraph 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
Amendment 859 #
2022/0278(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 877 #
2022/0278(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 882 #
2022/0278(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 886 #
2022/0278(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 895 #
2022/0278(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 925 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 178 #
2022/0277(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The definition of audience measurement should cover measurement systems developed as agreed by industry standards within self-regulatory organisations, like the Joint Industry Committees, and measurement systems developed outside such self-regulatory approaches. The latter tend to be deployed by certain online players who self-measure or provide their proprietary audience measurement systems to the market, which do not necessarily abide by the commonly agreed industry standards. Given the significant impact that such audience measurement systems have on the advertising and media markets, they should be covered by this Regulation. Media service providers that abide by commonly agreed industry standards shall not be considered as providers of proprietary audience measurement systems.
Amendment 179 #
2022/0277(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Online platforms’ capacity to offer content without exercising editorial responsibility over it and to market the ability to target users with advertising allows them to act as direct competitors to media service providers whose content they intermediate and distribute. The audience measurement definition should therefore also take into account content consumed both by users of media services and users of online platforms. This will ensure that all intermediaries involved in content distribution are transparent about their audience measurement methodologies so as to enable advertisers to make informed choices that drive competition.
Amendment 187 #
2022/0277(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to varied offers including quality information, balanced and impartial media coverage, as part of their mission. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, to put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their mission that enables predictability in their planning. Preferably, such funding should be decided and appropriated on a multi-year basis, in line with the public service mission of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States to provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Amendment 191 #
2022/0277(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Media integrity also requires a proactive approach to promote editorial independence by news media companies, in particular through internal safeguards. Media service providers should adopt proportionate measures to guarantee, once the overall editorial line has been agreed between their owners and editors, the freedom of the editors to take individual decisions in the course of their professional activity. The objective to shield editors from undue interference in their decisions taken on specific pieces of content as part of their everyday work contributes to ensuring a level playing field in the internal market for media services and the quality of such services. That objective is also in conformity with the fundamental right to receive and impart information under Article 11 of the Charter. In view of these considerations, media service providers should also ensure transparency of actual or potential conflicts of interest to their service recipients. This is without prejudice to existing legal and self- regulatory frameworks of Member States that govern liability rules applicable to the editorial content of media services.
Amendment 197 #
2022/0277(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Directive 2010/13/EU and this Regulation are different legislative instruments, inasmuch they have different scopes, the tasks, conferred by them should be treated separately in order to avoid overlap in their implementation.
Amendment 200 #
2022/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 207 #
2022/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions in agreement with the Commission or upon its request in the cases envisaged by this Regulation. In order to effectively fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 213 #
2022/0277(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a consistent regulatory practice regarding this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this field. Such guidelines should respect the Member States’ competence in cultural matters with a view to promoting media pluralism. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 219 #
2022/0277(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers established outside the Union that target audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordination between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 244 #
2022/0277(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect the operations of news and current affairs programs of media service providers in the internal market. They include, for example, rules to limit the ownership of media companies by other companies active in the media sector or non-media related sectors; they also include decisions related to licensing, authorisation or prior notification for media service providers. In order to mitigate their potential negative impact on the functioning of the internal market for media services and enhance legal certainty, it is important that such measures comply with the principles of objective justification, transparency, non- discrimination and proportionality.
Amendment 249 #
2022/0277(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) It is also key that the Board is empowered to issue an opinion, on the Commission’s request, where national measures are likely to affect the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a media service provider providing its services towards more than one Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member State.
Amendment 257 #
2022/0277(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of th, meaning on the diversity of media services, should be conline environmentsidered. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market. Consideration should also be given to whether concentration would stimulate investments and a vital media market. The assessment should also take into account competition with online platforms and publicly funded public service broadcasters.
Amendment 262 #
2022/0277(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future buying, selling and production of content. Accordingly, media market players, in particular media service providers, right holders and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in incomparable measurement systems and information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market. In order to ensure impartiality in measurement, audience measurement should be carried out by independent third parties or self- regulatory bodies.
Amendment 265 #
2022/0277(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In order to enhance the verifiability, comparability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. As such, for the purpose of this Regulation, systems developed without market governance, outside European or national standards agreed by the relevant national regulatory bodies or by independent providers appointed by relevant bodies should be considered proprietary measurement systems. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. The information must be as granular as the information on methodologies published by self- regulatory bodies that govern the agreed industry standards on audience measurement. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period. The obligations imposed under this Regulation are without prejudice to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX [Digital Markets Act], including those concerning ranking or self- preferencing.
Amendment 276 #
2022/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
Article 1 – paragraph 2 – point a a (new)
(aa) Directive 2001/29/EU;
Amendment 283 #
2022/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Directive 2010/13/EU and Directive (EU) 2018/1808 with the exception of Article 27 of this Regulation;
Amendment 284 #
2022/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. Directive (EU) 2019/789;
Amendment 285 #
2022/0277(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall not affect the possibility for Member States to adopt more detailed rules in the fields covered by Chapter II and Section 5 of Chapter III and of Article 24, provided that those rules comply with Union law.
Amendment 289 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or press publications to the general public, by any means, in order to inform, entertain or educate, under the editorial responsibility of a media service provideras defined into Directive 2010/13/EU;
Amendment 316 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services and of users of online platforms, to determine the audience size, reach and frequency for the purposes of decisions regarding advertising allocation or prices or the related planning, buying, selling, production or distribution of content;
Amendment 407 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consultadditionally keep the Commission in preparationformed ofn its work programme and main deliverables.
Amendment 411 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
Amendment 417 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission.
Amendment 432 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
Without prejudice to the powers granted to the Commission by the Treaties, the Board shall promote the effective and consistent application of this Regulation and of national rules implementing Directive 2010/13/EU throughout the Union. The Board shall keep a separate agenda for its responsibilities and activities relating to Directive 2010/13/EU. Additionally, it shall not intervene neither in national media markets nor for matters relating to the sole and exclusive competence of national authorities. The Board shall:
Amendment 435 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 442 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 445 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 478 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar days from the receipt of that referral, the Board shall issue, in agreement with the Commission, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
Amendment 483 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreement with the Commission, without undue delay.
Amendment 488 #
2022/0277(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) the appropriate prominence of audiovisual media services of general interest under Article 7a and of Article 13(1) of Directive 2010/13/EU;
Amendment 492 #
2022/0277(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Commission may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU. The Board shall assist the Commission in this regard, where requested.
Amendment 508 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board.
Amendment 520 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare thatThe national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU shall maintain a list of service providers who are established in that Member State and who have demonstrated to that regulatory authority that they:
Amendment 523 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) it isare a media service provider within the meaning of Article 2(2);
Amendment 526 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) it isare editorially independent from Member States and third countries; and
Amendment 531 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) it isare subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, or adheres to a co-regulatory or self-regulatory mechanism governing editorial standards, widely recognised and accepted in the relevant media sector in one or more Member States.
Amendment 534 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 (new)
Article 17 – paragraph 1 – subparagraph 1 (new)
Member States shall communicate the list, including any updates thereto, to the Commission. The Commission shall maintain a centralised database of these lists and make this database available to very large online platforms in a standardised, machine-readable format, including through application programming interfaces.
Amendment 545 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of a very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declarationis listed in the Commission database established pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect.
Amendment 554 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 by media service providers that submitted a declarationthat are listed in the Commission database established pursuant to paragraph 1 of this Article are processed and decided upon with priority and without undue delay.
Amendment 563 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declarationis listed in the Commission database pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content provided by the media service provider without sufficient grounds, the provider of or where the very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Boardidentifies a media service provider that frequently violates the platform’s terms of service, either party may request to engage in a dialogue with the aim to come to a mutual understanding of content moderation practices. Both parties may notify the outcome of such exchanges to the Board and request the Board to publish the outcome of the dialogue.
Amendment 572 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content provided by a media service provider that submitted a declarationin the Commission database in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 576 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. With a view to facilitating the consistent and effective implementation of this Article, the Commission may issue guidelines before the Regulation gets adopted to establish the form and details of the declarationlists and database set out in paragraph 1.
Amendment 590 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the operations of news and current affairs media service providers in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory.
Amendment 591 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 597 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the funcoperationings of the internal market fornews and current affairs media service providers. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 600 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the funcoperationings of the internal market fornews and current affairs media service providers, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concerned.
Amendment 622 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non- media businesses;
Amendment 627 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, in line with national laws and self-regulation;
Amendment 634 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point c a (new)
Article 21 – paragraph 2 – point c a (new)
(ca) competition with very large online platforms and publicly funded public service broadcasters.
Amendment 659 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’s business secrets, providers of proprietary audience measurement systems, developed without market governance or outside of European or national industry standards agree by the relevant national self- regulatory bodies, shall provide, without undue delay and free of costs, to media service providers, right holders and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the data collected and on the methodology used by their audience measurement systems. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 667 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The Commission, assisted by the Board and the relevant experts from media service providers such as Joint Industry Committees providing audience measurements, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article.
Amendment 168 #
2022/0269(COD)
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. This Regulation should be subsidiary to Due Diligence processes and be the last resort instrument to be applied when supply chain due diligence has not been properly executed according to applicable international guidelines. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 384 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occcausing forced labour and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 406 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 30 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
Amendment 420 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time. , aligned with EU and international legislation including the Directive on Corporate Sustainability Due Diligence (CSDDD) and the UN Guiding Principles on business and human rights, for mitigating, preventing or bringing an end to forced labour.
Amendment 430 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents andor brings to an end the risk of forced labour.
Amendment 432 #
2022/0269(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Burden of evidence Competent authorities shall bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase.
Amendment 435 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Competent authorities that, pursuant to Article 4(5), determine that value chain due diligence has not been properly executed according to applicable international guidelines and that therefore there is a substantiated concern of a violation of Article 3, shall decide, as last resort instrument. to initiate an investigation on the products and economic operators concerned.
Amendment 471 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Economic operators shall submit the information within 1530 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.
Amendment 580 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision. Economic operators shall be entitled to compensation or damages for the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
Amendment 626 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise and all relevant stakeholders to provide an indicative, non- exhaustive, verifiableed, solid and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant reliable external sources of information from, amongst others, international organisations and third country authorities.
Amendment 643 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the lateleast 2410 months after the entry into force of this Regulation.
Amendment 728 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 180 months after the entry into force of this Regulation, which shall include the following:
Amendment 749 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) further information to facilitate the competent authorities’detailed guidance for competent authorities to garantee homogeneous implementation of this Regulation;
Amendment 799 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 59 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the actions shall be carried out by a consortium of at least threfive Member States;
Amendment 73 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union or in an associated country. They shall not be subject to control by a non- associated third country or by a non- associated third country entity or, alternatively, shall have been subject to screening within the meaning of Regulation (EU) 2019/452 and, where necessary, mitigation measures, taking into account the objectives referred to in Article 3.
Amendment 78 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate asin the common procurement if it provides guarantees verified by the Member State or associated country in which the contractor andor subcontractor involved in the common procurement only if it provides guarantees approved by the Member State or associated thirdis established. The guarantees shall provide assurances that the involvement of the contractor or subcontractor involved in the common procurement does not country in which the contractor is established. avene the security and defence interests of the Union and its Member States as established in the framework of CFSP pursuant to Title V of the TEU, or the objectives set out in Article 3.
Amendment 92 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity directly, or indirectly through one or ore intermediary legal entities, that limits Member States´ ability to use it.
Amendment 53 #
2022/0147(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services with the exception of the relevant provisions of this Directive, unless provided otherwise in those acts. For instance, when Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Union acts governing specific financial services should prevail over the rules of this Directive even where these Union acts do not provide for any pre-contractual information or right of withdrawal or adequate information. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the information to be provided to the consumer prior to the conclusion of the contract. _________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), 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), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
Amendment 58 #
2022/0147(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least one day prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a day befin good time priore to the conclusion of the distance contract for financial service. In case the contract is concluded less than one day before, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.
Amendment 76 #
2022/0147(COD)
Proposal for a directive
Recital 25
Recital 25
(25) For distance contracts concluded by electronic means, the trader shouldmay provide the consumer with the possibility to use a withdrawal button. In order for ensure the effective use of the withdrawal button, the trader should ensure that it is visible and, when the consumer uses the button, the trader should adequately document its use.
Amendment 104 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
1. BIn good time before the consumer is bound by a distance contract, or any corresponding offer, the trader shall provide the consumer with the following information, in a clear and comprehensible manner:
Amendment 107 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1– point b
Article 16a – paragraph 1– point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number andor email address or own digital platform; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficiently; where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting;
Amendment 125 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 1
Article 16a – paragraph 2 – subparagraph 1
In the case of telephone communications or another means of distance communication initiated by the trader, the identity of the tradlatter and the commercial purpose of the call initiated by the traderommunication shall be made explicitly clear at the beginning of any conversation with the consumer.
Amendment 130 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 2
Article 16a – paragraph 2 – subparagraph 2
Where the consumer explicitly agrees to continue the telephone communications, by way of derogation from paragraph 1, only the information referred to in points (a), (f), (g), and (p) of that paragraph needs to be provided.
Amendment 133 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 3
Article 16a – paragraph 2 – subparagraph 3
The trader shall inform the consumer of the nature and the availability of the other information referred to in paragraph 1 and shall provide that information when fulfillingimmediately after the conclusion of the distance contract. For any other means of distance communication, which does not allow for the transmission of the contractual terms and conditions and the information in accordance with paragraph 1, the trader shall fulfil his obligations under that paragraph 3. immediately after the conclusion of the distance contract.
Amendment 152 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 6
Article 16a – paragraph 6
6. Where another Union act governing specific financial services contains rules on the information to be provided to the consumer prior to the conclusion of the contract, oand even if it does not provide for any information to be supplied in this respect, the application of the provisions of Article 16a of this Directive is excluded. Only the pre-contractual information requirements of that Union act shall apply to those specific financial services, unless provided otherwise in that act.
Amendment 155 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 1 – subparagraph 2 –point b
Article 16b – paragraph 1 – subparagraph 2 –point b
(b) the day on which the consumer receives the contractual terms and conditions and the information in accordance with Article 16a,, provided Article 16a is applicable or other Union act with requirements of pre-contractual information, receives such information if that is later than the date in point (a) of this subparagraph.
Amendment 159 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2– point a
Article 16b – paragraph 2– point a
(a) consumer financial services whose price depends on fluctuations in the financial market outside the traders control, which may occur during the withdrawal period, such as, but not limited to, services related to:
Amendment 160 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 Directive 2011/83/EU
Article 1 – paragraph 1 – point 2 Directive 2011/83/EU
— foreign exchangeinancial instruments as defined in Annex I, Section C of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments (Mifid II);
Amendment 161 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a –indent 2
Article 16b – paragraph 2 – point a –indent 2
— money marpackaged retail and insurance- based investment product’ or ‘PRIIP’, as defined in Article 4 of Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on kety instruments; transferable securitiesformation documents for packaged retail and insurance-based investment products (PRIIPs);
Amendment 162 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 3
Article 16b – paragraph 2 – point a – indent 3
Amendment 163 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 4
Article 16b – paragraph 2 – point a – indent 4
Amendment 164 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 6
Article 16b – paragraph 2 – point a – indent 6
Amendment 165 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 7
Article 16b – paragraph 2 – point a – indent 7
Amendment 177 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5– subparagraph 1
Article 16b – paragraph 5– subparagraph 1
Member States shall ensure that, for distance contracts concluded by electronic means, the trader provides on-line adequate and comprehensive information aimed at ensuring an easy and conscious withdrawal from the contract, while the trader may provide a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. Such button shall be clearly labelled with the words ‘Withdraw from CIf this withdrawal button is offered by the trader, it shall be clearly labelled “Cancel the contract’” or a corresponding unambiguous formulationformulation without ambiguity.
Amendment 180 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 3
Article 16b – paragraph 5 – subparagraph 3
The trader shall ensure that the activation of the withdrawal button results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium.
Amendment 192 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e
Article 16e
Amendment 3 #
2022/0142M(NLE)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas the forest sector fully contributes to the economic growth of Guyana, employing about 20.000 people; whereas the forest management practices and the trade in legally produced timber should be socially and economically sustainable to guarantee that people directly or indirectly involved can benefit from trade;
Amendment 118 #
2022/0115(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6 , aromatised wines7 , as defined at Union level, as well as agricultural products and foodstuffs8 , as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, jewellery, textiles, lace, cutlery, glass and porcelain. For most of these products, the link between quality and origin is provided by the tradition of production, so it is appropriate that this regulation can protect geographical names that coincide with the names of specific places or regions where the tradition of production in question is present in a known and established way. __________________ 6 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). 7 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347 20.12.2013, p. 671). 8 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Amendment 123 #
2022/0115(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Member States should have the possibility to charge a registration fee to cover their costs of managing the geographical indication system for craft and industrial products. Member States should charge lower fees for micro, small or medium-sized enterprises (MSMEs). The Office should not charge a fee for the management of the Union application process. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14 . __________________ 14 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 127 #
2022/0115(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To qualify for protection in the Member States, geographical indications should be registered only at Union level. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Office should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 129 #
2022/0115(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The procedures for registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union under this Regulation should be carried out by the Member States and the Office. The Member States and the Office should be responsible for distinct stages of the procedures. Member States should be responsible for the first stage, which consists of receiving the application from the applicants, assessing it, running the national opposition procedure, and, following the positive results of the assessment, submitting the Union application to the Office. The Office should be responsible for examining the applications in the second stage of the procedure, running the worldwide opposition procedure at the European level and taking a decision on granting or refusing the protection to the geographical indication. The Office should also carry out the corresponding procedures for geographical indications originating in third countries, without prejudice to the direct registration procedure.
Amendment 132 #
2022/0115(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) It is possible for certain Member States to obtain a derogation from the Member States’ obligation to designate a national authority in respect of geographical indications for craft and industrial products to take charge of the procedures for registration, national opposition, amendments to the product specification and cancellation of the registration under certain circumstances specified in this Regulation. That derogation, that should take the form of a Commission Decision, takes into account the fact that certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products and that the local interest in these countries to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, procedures for registration, amendments to the product specification and cancellation should be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.
Amendment 136 #
2022/0115(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 144 #
2022/0115(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The use of Union symbols and indications on the packaging of craft and industrial products designated by a geographical indication should be recommended in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. The use of such symbols or indications should remain voluntary for third-country geographical indications.
Amendment 156 #
2022/0115(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the registration, protection, control and enforcement of certain names that identify craft and industrial products with given quality, reputation or other characteristics linked to their geographical origin and,
Amendment 159 #
2022/0115(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to craft and industrialnon- agricultural and non-food products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724 Products covered by Regulation (EU) 2019/787 of the European Parliament and of the Council, Regulation (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1151/2012 of the European Parliament and of the Council are also excluded from the scope of this Regulation. __________________ 24 Council Regulation (EEC) N0 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1)
Amendment 163 #
2022/0115(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 168 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘craft products’ means products produced either totally by hand ormade by undertakings that national law defines as artisan, with the aid of manual tools or by mechanical means, whenever or digital means, including withe direct manual contribution is the mostinput during the production process which constitutes an important component of the finished product;
Amendment 176 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors, manufacturers, processors or any other operator working with the same product;
Amendment 181 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producers in a professional community for a period that allows transmission between generations;
Amendment 184 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator engaged in anyone or more production step of a product the name of which is protected as a geographical indication, including processing activities, covered by the product specification;
Amendment 185 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h – point i
Article 3 – paragraph 1 – point h – point i
(i) the common names of products in the Union or the names of products which, although relating to the place, region or country where the product was originally produced or marketed, have become the common name of a product in the Union or do not have a given quality, reputation or other characteristics traditionally linked to their geographical origin;
Amendment 186 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h – point ii
Article 3 – paragraph 1 – point h – point ii
(ii) a common term descriptive of the type of product, or product attributes or other terms that do not refer to specific product;
Amendment 194 #
2022/0115(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
For the name of a craft andor industrial product to qualify for “geographical indication” protection, the product shall comply with the following requirements:
Amendment 201 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 203 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. A single producer may be deemed to be an applicant producer group for the purposes of this Title, where both of the following conditions are fulfilled: if the person concerned is the only producer willing to submit an application for the registration of a geographical indication.
Amendment 204 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
Amendment 205 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
Amendment 208 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the case of a geographical indication that designates a cross-border geographical area, producer groups from different Member States may lodge a joint application for the registration of a geographical indication from either Member State. When the cross-border geographical area concerns a Member State and a third country, they may lodge a joint application for registration with the national authority of the Member State concerned. When the cross-border geographical area concerns several third countries, several producer groups may lodge a joint application with the Office.
Amendment 210 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Craft and industrial products the names of which are registered as a geographical indication shall comply with a product specification, which shall include at least:
Amendment 211 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the name to be protected as geographical indication which may be either a geographical name of the place of production of a specific product, or a name used in trade or in common language to describe the specific product in the defined geographical area or both;
Amendment 227 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)
Article 8 – paragraph 1 – point a – point i a (new)
(ia) the type of products;
Amendment 229 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii a (new)
Article 8 – paragraph 1 – point a – point ii a (new)
(iia) a description of the method of producing or obtaining the product, where appropriate, the traditional method and specific practices used;
Amendment 232 #
2022/0115(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 233 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 236 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where a Member State charges a fee, for the administrative costs of filing applications the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises, enabling them full access to the protection of geographical indications and the safeguarding of their intellectual property rights.
Amendment 240 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 242 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 245 #
2022/0115(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. TIn the case of geographical indication that designates a cross-border geographical area, two or more Member States may agree that the competent authority of one Member State is in charge of the national phase of the registration and other procedures, including the submission of the Union application to the Office, also on behalf of the other Member State, or Member States.
Amendment 248 #
2022/0115(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The competent authority shall examine the application and shall check that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. The competent authority shall, where appropriate, enter into consultation with the most representative local, regional or national sector associations to obtain their opinion.
Amendment 252 #
2022/0115(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The competent authority shall establish the detailed arrangements of the opposition procedure. Those detailed arrangements may include criteria for the admissibility of an opposition, a period of consultation between the applicant and each national opponent, and submission of a report from the applicant on the outcome of the consultations including any changes the applicant has made to the application. When the national opposition procedure is concluded, the competent authority shall draw up and publish a report.
Amendment 269 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 272 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. A joint application for registration referred to in Article 6(4) shall be submitted to the Office by one of the Member States concerned or by the applicant producer group in a third country, directly or by the competent authority of that third country. If the cross- border area concerns any Member State and a third country, the joint application shall be submitted by the Member State concerned.
Amendment 274 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The joint application referred to in Article 6(4) shall include, where relevant, the documents listed in paragraphs 1 and 2 of this Article, from the Member States or third countries, in case of a cross-border geographical area with one or more non-EU countries, from a third country concerned. The related national procedure for application, the examination and opposition procedure referred to in Articles 11, 12 and 13 shall be carried out in all the Member States and from a third countriesy concerned.
Amendment 276 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 277 #
2022/0115(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 279 #
2022/0115(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Office may seek supplementary information from the Member State concerned. If the application is lodged by a producer group from a third country or by the competent authority of a third country, such producer group or competent authority shall provide supplementary information where requested to do so by the Office.
Amendment 280 #
2022/0115(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State or in case of third country applications, to the relevant producer group or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. If the Member State, or in case of third country applications, the relevant producer group or competent authority, does not complete the application within the deadline, the application shall be considered to be withdrawn, or if not corrected, it shall be rejected pursuant to Article 24(2).
Amendment 289 #
2022/0115(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 292 #
2022/0115(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. Paragraph 5 shall apply mutatis mutandis to a geographical indication referring to a cross-border geographical area swituated inh a third country, with the exception of the opposition procedure.
Amendment 295 #
2022/0115(COD)
Proposal for a regulation
Article 25
Article 25
Amendment 306 #
2022/0115(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Union amendments shall be approved by the Office or, where Article 25 applies, the Commission. The approval procedure shall follow mutatis mutandis the procedure and publication requirements laid down in Articles 6 to 254.
Amendment 307 #
2022/0115(COD)
Proposal for a regulation
Article 28 – paragraph 8
Article 28 – paragraph 8
8. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located. Such amendments shall be communicated to the Office. Where Article 25 applies, the Office shall approve the standard amendments. The Office shall make those amendments public in the Union register of geographical indications for craft and industrial products.
Amendment 309 #
2022/0115(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. The Office may, own its own initiative or on a duly substantiated request by a Member State, a third country or any natural or legal person having a legitimate interest, decide to cancel the registration of a geographical indication in the following cases:
Amendment 313 #
2022/0115(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Article 6 and Articles 19 to 254 shall apply mutatis mutandis to the cancellation procedure.
Amendment 314 #
2022/0115(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Before deciding to cancel the registration of a geographical indication, the Office shall consult the competent authority of the Member State, the competent authorities of the third country or,or where possible, the third country producer group which had applied for the registration of the geographical indication concerned, unless the cancellation is directly requested by the original applicants. Any natural person affected by the cancellation of the registration of a geographical indication may submit observations during the cancellation procedure. If the geographical indication was registered pursuant to Article 15, the Office shall consult the Advisory Board referred to in Article 33.
Amendment 326 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Geographical indications entered in the Union register of geographical indications for craft and industrial products and geographical indications protected under an international agreement within the Union shall be protected against:
Amendment 328 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are identical or similar to the products registered under that geographical indication or where use of the name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected geographical indication even if these products are parts or components of manufactured products;
Amendment 331 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) any misuse, counterfeiting, imitation or evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, even if these products are parts or components of manufactured products;
Amendment 334 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. For the purposes of paragraph 1, point (b), the evocation of a geographical indication shall be deemed to arise, in particular, where a term, sign, or other labelling or packaging device presents a direct and clear linkclear link is present with the product covered by the registered geographical indication in the mind of the reasonably circumspect consumer, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name.
Amendment 336 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The producer group or any producer that is entitled to usethe holder of the protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are contrary to paragraph 1.
Amendment 342 #
2022/0115(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Generic terms not associated with names of a specific place, region or country shall not be registered as a geographical indication.
Amendment 343 #
2022/0115(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 345 #
2022/0115(COD)
Proposal for a regulation
Article 39
Article 39
A name shall not be registered as a geographical indication where, in the light of a trade mark’s reputation and renown, registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product.rticle 39 deleted Trade marks
Amendment 347 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States or the Office, when Article 15 applies, shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the work of the producer group.
Amendment 349 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point a
Article 40 – paragraph 2 – point a
(a) develop and amend the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification;
Amendment 352 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point b
Article 40 – paragraph 2 – point b
(b) take legal action to ensure the protection of the geographical indication and of the intellectual property rights that are directly connected with it and prevent and counteract any measures that are or risk being detrimental to the image of their products;
Amendment 353 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point c
Article 40 – paragraph 2 – point c
(c) agree sustainability undertakings, whether or not included in the product specification or as a separate initiative, including arrangements for verification of compliance with these undertakings and assuring adequate publicity for them in particular in an information system provided by the Commission;
Amendment 355 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point d – point v
Article 40 – paragraph 2 – point d – point v
(v) providing advice and training to current and future producers, including on gender mainstreaming and equality; and
Amendment 358 #
2022/0115(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The Office and, when applicable, the competent national authorities shall invalidate ex officio trade marks registered in breach of paragraph 1.
Amendment 360 #
2022/0115(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Without prejudice to paragraph 2 of this Article, a trade mark the use of which contravenes Article 35, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, or protected within the territory of the Union before the date on which the application for registration of the geographical indication is submitted to the Office, may continue to be used and reneweduntil the expiry of the trade mark registration, notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/243632 of the European Parliament and of the Council or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication and that of the relevant trade mark shall be permitted. After the expiry of the trade mark registration, products so labelled may be marketed until the stocks are exhausted. __________________ 32 Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).
Amendment 361 #
2022/0115(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. A registered geographical indication may be used by any producer marketing a product conforming to the corresponding product specification or to a single document or an equivalent to the latter.
Amendment 364 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. In the case of craft and industrial products originating in the Union that are marketed under a geographical indication, the Union symbol referred to in paragraph 1 mayshall appear on the labelling and advertising material. The geographical indication shall be in the same field of vision as the Union symbol.
Amendment 365 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ mayshall appear on the labelling of products designated by a geographical indication of craft and industrial products and, where applicable, on the advertising material.
Amendment 367 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
Amendment 369 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, may appear on the labelling and, where applicable, on advertising material only after the publication of the decision on registration in accordance with Articles 24 and 25.
Amendment 370 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 7
Article 44 – paragraph 7
Amendment 371 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 8 – introductory part
Article 44 – paragraph 8 – introductory part
8. TIn order not to mislead the reasonably cautious consumer as to the origin of the products, the following mayshall also appear on the labelling:
Amendment 372 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 8 – point a
Article 44 – paragraph 8 – point a
(a) depictions of the geographical area of origin, as referred to in the product specification; and
Amendment 373 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 8 – point b
Article 44 – paragraph 8 – point b
(b) text, graphics or symbolindication of the country of origin of the product ("Made in [country of origin]") and emblems or flags referring to the Member State or the region in which that geographical area of origin is located.
Amendment 374 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 8 – subparagraph 1 (new)
Article 44 – paragraph 8 – subparagraph 1 (new)
Where the size or nature of the product does not allow for the indications in (a) and (b), such information shall be provided on the packaging or in a document accompanying the product.
Amendment 375 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 9
Article 44 – paragraph 9
Amendment 378 #
2022/0115(COD)
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
Amendment 380 #
2022/0115(COD)
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. The costs of verification of compliance with the product specification may be borne by the producers, which are subject to those controls. Member States may also contribute to those costs, in particular for micro, small, medium-sized enterprises.
Amendment 383 #
2022/0115(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The enforcement authority shall carry out controls, based on a risk analysis and notifications of interested producers of products designated by geographical indications, to ensure conformity with the product specification or the single document or an equivalent to the latter.
Amendment 386 #
2022/0115(COD)
Proposal for a regulation
Article 48 – paragraph 5 a (new)
Article 48 – paragraph 5 a (new)
5a. As provided for in Article 47(c), applicant producer groups as referred to in Article 6, which obtained the registration of the geographical indication, shall be entitled to notify the authorities designated pursuant to paragraph 1 in order for them to carry out checks as provided for in this Title. In such cases, upon request by the associations, the authorities shall provide information on the progress of the process initiated by such notification.
Amendment 396 #
2022/0115(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point 7 – point b
Article 60 – paragraph 1 – point 7 – point b
Regulation (EU)2019/1753
Article 7 – paragraph 2
Article 7 – paragraph 2
In respect of craft and industrial geographical indications, the decision whether to grant protection shall be adopted by the Office, or, in cases referred to in Article 25 of Regulation (EU) 2022/…, by the Commission.. The related implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 399 #
2022/0115(COD)
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
3. In accordance with the procedure laid down in Articles 17 to 254, the Office or, in cases referred to in Article 25, the Commission shall register the names referred to in paragraph 2 of this Article, which comply with Articles 2, 5, 7 and 8. Article 21 and 22 shall not apply. However, generic terms shall not be registered.
Amendment 294 #
2022/0094(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order for a construction product covered by a harmonised technical specification to be placed on the market, the manufacturer is obliged to draw a declaration of performance for such product. The manufacturer assumes the responsibility for the conformity of the product with such declared performance. Certain exemptions to this obligation are provided.
Amendment 303 #
2022/0094(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 309 #
2022/0094(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) To provide predictability for manufacturers, public authorities and the wider construction ecosystem, the Commission should, at the latest 6 months after the entry into force of this Regulation and based on a scientific and evidence-based approach, adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt requirements and standardisation requests.
Amendment 313 #
2022/0094(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement, priority for the setting of sustainability requirements will be given to the [ESPR]. This should be the case for instance fore intermediary products concerned are heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building- integrated photovoltaic panels. In this respect, a detailed definition of energy- related products together with a full list of energy-related products which are also construction products shall be drafted by the European Commission within the framework of the [ESPR] with the aim to avoid unnecessary legislative overlaps and duplications of sustainability requirements which may hinder the internal market. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.
Amendment 319 #
2022/0094(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) To create transparency for users of construction products and to avoid inappropriate use of those products, construction products and their intended use should be precisely identified by the manufacturer. For the same reason, the manufacturer should make clear whethern the construction products are intended for professional use only, or also for use by consumers. To ensure that construction products can be traced back, manufacturers should be indicated on the product or, where this is not possible e.g. due to the product’s size or surface, on its packaging or, where that is not possible either, in a document accompanying it.
Amendment 325 #
2022/0094(COD)
Proposal for a regulation
Recital 47
Recital 47
Amendment 326 #
2022/0094(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 338 #
2022/0094(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes harmonised rules for the making available on the market and direct installation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
Amendment 339 #
2022/0094(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) rules on how to express the environmental, including climate, and safety performance of construction products in relation to their essential characteristics;
Amendment 343 #
2022/0094(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) environmental, including climate, functional and safety product requirements for construction products.
Amendment 345 #
2022/0094(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components or with products that could be regarded as construction products whilst not being intended by their manufacturer to be construction products.
Amendment 351 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point a
Article 2 – paragraph 1 – subparagraph 1 – point a
(a) 3D-datasets placed on the market to permit the 3D-printing of construction products covered by this Regulation and 3D-printed construction products and moulds;
Amendment 355 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point b
Article 2 – paragraph 1 – subparagraph 1 – point b
(b) materials intended to be used for the 3D-printing of construction products on or close to the construction site or for the manufacturing using moulds on or close to the construction siter for the manufacturing using moulds;
Amendment 358 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point c
Article 2 – paragraph 1 – subparagraph 1 – point c
Amendment 361 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point f
Article 2 – paragraph 1 – subparagraph 1 – point f
Amendment 364 #
2022/0094(COD)
Amendment 367 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
Amendment 380 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) boilers, pipes, tanks and ancillaries and other products intended to be in contact with water for human consumption;
Amendment 382 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 385 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
Amendment 388 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point e
Article 2 – paragraph 3 – point e
Amendment 392 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point e a (new)
Article 2 – paragraph 3 – point e a (new)
(e a) photovoltaic elements other than building-integrated photovoltaic (BIPV) elements;
Amendment 393 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point e b (new)
Article 2 – paragraph 3 – point e b (new)
(e b) Electrical and electronic products which are not included in products in line 1-32 of the table I of Annex IV.
Amendment 395 #
2022/0094(COD)
Amendment 397 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 403 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘construction product’ means any formed or formless physical item, including its packaging and instructions for use, or a kit or assembly combining such items, that isproduct or kit which is produced and placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items that are necessarily first integrated into an assembly, kit or other construction product prior to being incorporated in a permanent manner in construction worksand the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works, including3D-printed products or other items covered by this Regulation in accordance with Article 2(1) to (3);
Amendment 405 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘permanent’ means for a duration of two years or longerinstalled or affixed in such a manner that may significantly affect the basic work requirements and that the item cannot be removed without tools or mechanical force;
Amendment 408 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Amendment 412 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
Amendment 418 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market or installed directly, including those requirements relating to labelling and instructions for use or other information to be provided;
Amendment 422 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider, the 3D- printing service provider, manufacturer, importer or distributor of materials intended for 3D-printing of products, online seller, the broker, the supplier, the service provider, the own- brand-labeller or any other natural or legal person, other than authorities, notified bodies, technical assessment bodies and product contact points for construction who is subject to this Regulation in relation to the manufacturing, de- installation for re-use, re-manufacturing or repackaging of products, or making those products available on the market or installing those products directly in accordance with this Regulation, and economic operators as defined in Article 3, point (13) of Regulation (EU) 2019/1020 of the European Parliament and of the Council44 ; _________________ 44 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 424 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
Amendment 427 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
Amendment 430 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
Amendment 432 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
Amendment 434 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘level’ means the result of the assessment of the performance of a product in relation to its essential characteristics, expressed as a numerical valueexpression of performance without a classification of potential performances and/or a specified minimum or maximum;
Amendment 435 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 17
Article 3 – paragraph 1 – point 17
(17) ‘class’ means a range of levels, delimited by a minimum and a maximum value, of performance of a productn expression of performance according to a systematic division of potential performances;
Amendment 439 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
Amendment 440 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 25
Article 3 – paragraph 1 – point 25
(25) ‘intended use’ means the use intended by the manufacturer, including the conditions for usage, as laid out in technical documentation, on labels, in instructions for use, or in publicity material, whilst usages mentioned only in one of these are already part of the ‘intended use’intended use as determined by the manufacturer of the construction product as defined in the applicable harmonised technical specification;
Amendment 452 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39
Article 3 – paragraph 1 – point 39
Amendment 464 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 48
Article 3 – paragraph 1 – point 48
Amendment 465 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 51
Article 3 – paragraph 1 – point 51
Amendment 467 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 57
Article 3 – paragraph 1 – point 57
(57) ‘broker’ means any natural or legal person providing an intermediation service for the placing on the market or direct installation of products;
Amendment 488 #
2022/0094(COD)
The Commission mayshall issue standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods.
Amendment 492 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3 a (new)
Article 4 – paragraph 2 – subparagraph 3 a (new)
These standardisation requests shall be issued in accordance with the working plan established in accordance with Article 93a.
Amendment 495 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 522 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 532 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. IWhile priority shall be given to the elaboration of standards in order to cover the regulatory needs of Member States and to pursue the environmental, safety and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation(EU) No 1025/2012, by determining, for particular product families and categories, the following:
Amendment 539 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission, after consultation of the relevant European stakeholder organisations, is empowered to amend Annex I Part A by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and to cover new risks and environmental aspects.
Amendment 547 #
2022/0094(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. All products covered by this Regulation shall, prior to their placing on the market or direct installation, satisfy the generic, directly applicable product requirements set out in Annex I Part D and, satisfy the product requirements laid down in Annex I Part B, C and C asD when specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B, C and CD are only applicable where they have been specified in accordance with paragraph 2.
Amendment 557 #
2022/0094(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In order to specify the product requirements set out in Annex I Part B, C and D, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these product requirements and by laying down the corresponding assessment methods. Once the Commission has specified these product requirements by delegated acts, it mayshall issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts.
Amendment 562 #
2022/0094(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission, after consultation with European stakeholder organisations, is empowered to amend Annex I Part B, C and D by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and in particular to cover new risks and environmental aspects.
Amendment 570 #
2022/0094(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Assessment and verification systems and their product specific modalities
Amendment 573 #
2022/0094(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 578 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The harmonised zone shall be presumed to be comprehensive, covering all potential legal requirements for products other than those covered by other Union lawconstruction products.
Amendment 582 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 7 – introductory part
Article 7 – paragraph 7 – introductory part
7. This Regulation does not hinder Member States to introduce mandatory deposit-refund systems, to oblige manufacturers to take back used or not used non-custom-made products directly or via their importers and distributors and to establish obligations regarding the collection and the treatment of products for waste, provided that all of the following is complied with:
Amendment 589 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States may ban the destruction of non-custom-made products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products.
Amendment 596 #
2022/0094(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. By drawing up the declaration of performance, the manufacturer assumes responsibility for the conformity of the product with such declared performance and becomes liable in accordance with Union and national laws on contractual and extra-contractual liability, and this even where it did not act negligently. In the absence of objective indications to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.
Amendment 597 #
2022/0094(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the product is, otherwise than by 3D-printing or already existing moulds, individually manufactured or custom-made in a non- series process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is also responsible for the safe incorporation of the product into the construction work in compliance with the applicable national rules, and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules;
Amendment 598 #
2022/0094(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) the product is otherwise than by 3D-printing or already existing moulds manufactured on the construction site, in a non-series process for its incorporation in the respective construction work in compliance with the applicable national rules and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules; or
Amendment 599 #
2022/0094(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 612 #
2022/0094(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to “decoration”ve purposes. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product with decorative purposes”.
Amendment 619 #
2022/0094(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. By the declaration of conformity, the manufacturer assumes responsibility for the conformity of the product with the product requirements and becomes liable in accordance with national laws on contractual and extra-contractual liability, and this even where it did not act negligently. In case of non-compliance or absence of a declaration of conformity, the product may not be made available on the market. In the absence of objective indications to the contrary, Member States shall presume the declaration of conformity drawn up by the manufacturer to be accurate and reliable.
Amendment 627 #
2022/0094(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Declarations may contain permalinks to unamendable environmental product declarations or other unamendable documents containing the requested information if those documents follow the order and structure of the declarations or if a correlation table linking the order of the declarations to the order of these documents is provided together with the permalinkdocuments containing the requested information.
Amendment 643 #
2022/0094(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The CE marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance or a declaration of performance and conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts. The CE marking may not be affixed to parts which are not key parts.
Amendment 649 #
2022/0094(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point d
Article 17 – paragraph 2 – subparagraph 1 – point d
(d) the unique identification code of the product-type, the permalink to the manufacturer’s products registration(s) in Union databases and the precise location therein where the product can be found;
Amendment 651 #
2022/0094(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point g
Article 17 – paragraph 2 – subparagraph 1 – point g
Amendment 653 #
2022/0094(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The CE marking shall be affixed before the product is placed on the market or directly installed into a construction work. It may be subsequently followed by a pictogram or any other mark indicating a special risk or use.
Amendment 659 #
2022/0094(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Markings other than the CE marking, including private ones, may contain additional information that could help users to make an informed choice on which product would be best suited for the needs of their construction work
Amendment 661 #
2022/0094(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 664 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 666 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1 – point c
Article 19 – paragraph 3 – subparagraph 1 – point c
Amendment 671 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point iii
Article 19 – paragraph 3 – subparagraph 2 – point iii
(iii) email addresses, and websites and social media profiles, if any, of these operators;
Amendment 672 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point v
Article 19 – paragraph 3 – subparagraph 2 – point v
Amendment 678 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The manufacturer shall determine the product type, respecting the boundaries set up therefore by the definition provided in Article 3 point (31). The product type shall be processed in accordance with the applicable assessment and verification system set out in Annex V. The manufacturer shall draw up a declaration of performance and a declaration of conformity in accordance with Articles 9 and Articles 11 to 15 and affix the CE marking in accordance with Articles 16 and 17.
Amendment 679 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 682 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1
Article 21 – paragraph 3 – subparagraph 1
The manufacturer shall, as the basis for the declarations referred to in paragraph 1, draw up a technical documentation describing the intended use including the precise conditions for use and all the elements necessary to demonstrate performance and conformity.
Amendment 683 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
That technical documentation shall contain the mandatory or facultative calculation of environmental, including climate sustainability assessed in accordance with harmonised technical specifications adopted under this Regulation or with Commission acts adopted under this Regulation.
Amendment 684 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
The manufacturer shall ensure that its product bear a manufacturer-specific type number and, a batch or serial number or any other element allowing their identification. If this is impossible, the required information shall be provided on the packaging, on an affixed tag or, as last resort, in a document accompanying the product.
Amendment 692 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 9
Article 21 – paragraph 9
9. Where the product presents a risk or is likely to present a risk, the manufacturer shall within two working days thereof inform, the manufacturer shall inform without undue delay the authorised representative, importers, distributors, fulfilment service providers, and online market places involved in the distribution, as well as the competent national authorities of the Member States in which the manufacturer or – to its knowledge – other economic operators made the product available. The manufacturer shall, to that effect, provide all useful details and, in particular, specify the type of the non- compliance, the frequency of accidents or incidents and the corrective measures taken or recommended. In case of risks caused by products which have already reached the final user or consumer, the manufacturer shall also alert the media andat cannot be identified or contacted directly. The manufacturer shall through media and other appropriate channels, ensuring the widest possible reach, disseminate the inform themation about appropriate measures to eliminate or, if not possible, to reduce the risks. In case of a “serious risk” in the meaning of Article 3, point (71) the manufacturer shall withdraw and recall the product at their own cost.
Amendment 695 #
2022/0094(COD)
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point c
Article 22 – paragraph 2 – subparagraph 1 – point c
(c) respect the minimum recycled content obligations and other limit values regarding aspects of environmental, including climate sustainability contained in harmonised technical specifications; sustainability as assessed per each product category. Minimum recycled content obligations should be set by the European Commission after consulting with industry stakeholder
Amendment 697 #
2022/0094(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 698 #
2022/0094(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 702 #
2022/0094(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Authorised representatives shall act with due care in relation to the obligations of this Regulation. They shall be liable for gross negligence or conscious infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.
Amendment 703 #
2022/0094(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point c
Article 23 – paragraph 3 – subparagraph 1 – point c
(c) terminate the contract, when deemed appropriate, where the manufacturer infringes this Regulation and inform thereof the competent national authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business;
Amendment 704 #
2022/0094(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point d
Article 23 – paragraph 3 – subparagraph 1 – point d
(d) when having reason to believe that a product in question is non-compliant or presents a risk, inform the manufacturer and the national competent authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business thereof; and
Amendment 705 #
2022/0094(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Where an authorised representative considers that there iidentifies a non-compliance mentioned in the paragraph 4, the authorised representative shall ask the manufacturer to remedy the non- compliances. The manufacturer shall thereon stop the placing on the market and ask other economic operators involved in the distribution to stop their commercial activities, until the authorised representative regards the infringements as remedied. Where the non-compliances are not remedied within one month whilst products possibly continue to be made available on the market, the authorised representative shall be allowed to terminate his contract with the manufacturer and thereof inform the national competent authorities of the Member States where the products are placed on the market and the national competent authority of his own place of business. The latter shall coordinate joint actions of all competent authorities, unless the national competent authorities agree on another national competent authority to coordinatenon-compliance is remedied.
Amendment 706 #
2022/0094(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 708 #
2022/0094(COD)
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
7. The importer shall investigate complaints, and, if necessary, keep a register of complaints, of non-conforming products and of product withdrawals or recalls, and shall keep manufacturers and distributors informed of any such monitoring.
Amendment 710 #
2022/0094(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. When making a product available on the market, the distributors shall verify at a documentary level that the manufacturer and the importer have complied with the requirements set out in Article 21(1), (5) and (6) and where applicable in Article 22(2), points (f) and (i) and shall fulfil the obligations incumbent on importers in accordance with Article 24(13) to (5) whilst references to “placing on the market” shall be understood as “further making available on the market”.
Amendment 712 #
2022/0094(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 717 #
2022/0094(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. When contributing to the making available on the market or direct installation of a product, fulfilment service provider or broker shall act with due care in relation to the obligations of this Regulation. It shall be liable for infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.
Amendment 718 #
2022/0094(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 719 #
2022/0094(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 722 #
2022/0094(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 727 #
2022/0094(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 731 #
2022/0094(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 734 #
2022/0094(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Following a request for a European technical assessment by a manufacturer or a group of manufacturers or on initiative of the Commission, a European assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘TABs’) in agreement with the Commission for any kind or category of products product not covered by:
Amendment 745 #
2022/0094(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point a
Article 40 – paragraph 1 – point a
(a) a description of the kind or category of products product covered; and
Amendment 747 #
2022/0094(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point b
Article 40 – paragraph 1 – point b
(b) the list of essential characteristics, relevant for the intended use of the kind or category of products product as set out by the manufacturer and agreed between the manufacturer and the organisation of TABs, and the methods and criteria for assessing the performance of the product in relation to those essential characteristics.
Amendment 749 #
2022/0094(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Principles for the applicable factory production control to be applied shall be set out in the European assessment document, taking into account the conditions of the manufacturing process of the kind or category of products product concerned.
Amendment 750 #
2022/0094(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where the performance of some of certain essential characteristics of the kind or category of products product can appropriately be assessed with methods and criteria established in harmonised technical specifications or European assessment documents, those existing methods and criteria shall be incorporated as parts of the European assessment document, unless there are good reasons to deviate from this rule.
Amendment 775 #
2022/0094(COD)
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. The Commission is empowered to supplement this Regulation by means of delegated act according to Article 87, by setting up a voluntary Union construction products database or system where information related to showing compliance with this regulation can be stored or linked to. This initiative should that builds to the extent possible on the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products] in order to avoid overlaps with other EU legislation and to ensure interoperability with already existing requirements.
Amendment 792 #
2022/0094(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall support economic operators by product contact points for construction. Member States shall designate and maintain at least one product contact point for construction on their territory and shall ensure that their product contact points for construction have sufficient powers and adequate resources for the proper performance of their tasks and at any rate at least one full- time equivalence per Member State and one additional full-time equivalence per each ten millions of inhabitants. They shall ensure that product contact points for construction deliver their services in accordance with Regulation (EU) 2018/172449 and that they coordinate with the contact points for mutual recognition established by Article 9(1) of Regulation (EU) No 2019/51550 . _________________ 49 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012; OJ L 295, 21.11.2018, p. 1–38. 50 Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008; OJ L 91, 29.3.2019, p. 1–18.
Amendment 794 #
2022/0094(COD)
Proposal for a regulation
Article 82 – paragraph 1 – introductory part
Article 82 – paragraph 1 – introductory part
1. The Commission after consultation with the Member states may cooperate, including through the exchange of information, with third countries or international organisations in the field of application of this Regulation, such as:
Amendment 797 #
2022/0094(COD)
Proposal for a regulation
Article 83
Article 83
Amendment 804 #
2022/0094(COD)
Proposal for a regulation
Article 84
Article 84
Amendment 833 #
2022/0094(COD)
Proposal for a regulation
Article 88 – paragraph 1
Article 88 – paragraph 1
1. The Commission shall be assistguided by the Committee on Construction Products. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply (advisory procedure).
Amendment 839 #
2022/0094(COD)
Proposal for a regulation
Article 90 – paragraph 4
Article 90 – paragraph 4
Amendment 849 #
2022/0094(COD)
Proposal for a regulation
Article 92 – paragraph 1
Article 92 – paragraph 1
Regulation (EU) 305/2011 is repealed with effect from 1 January 2045.10 years after entry into force of this Regulation
Amendment 858 #
2022/0094(COD)
Proposal for a regulation
Article 93 a (new)
Article 93 a (new)
Article 93 a Prioritisation and planning 1. The Commission shall adopt by six months after entry into force of the Regulation and regularly update a working plan, covering a period of at least 3 years, setting out a list of product families or categories it intends to establish obligations and the necessary standardisation requests to be adopted in accordance with this Regulation. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and the European Standardisation Organisations. 2. The Commission shall once a year report to the Member States and the European Parliament about the progress in implementing the working plan including the standardisation requests issued.
Amendment 861 #
2022/0094(COD)
Proposal for a regulation
Annex I – Part A – point 1 – paragraph 4
Annex I – Part A – point 1 – paragraph 4
Amendment 903 #
2022/0094(COD)
Proposal for a regulation
Annex I – Part D – point 1 – introductory part
Annex I – Part D – point 1 – introductory part
1. PWhere the information is not already provided with the declaration of performance, products shall be accompanied by the following information:
Amendment 83 #
2022/0032(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In light of the structural deficiencies of the semiconductor supply chain and the resulting risk of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions. The long-term objective of the monitoring exercise enshrined under this Regulation should be a shift from crisis mitigation to crisis prevention.
Amendment 84 #
2022/0032(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessary to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States, in close coordination with relevant stakeholders, should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors,. The monitoring activity shall be targeted and purpose driven in such a way that it would not represent an excessive administrative burden for undertakings nor jeopardize confidentiality requirements .Information collected within the scope of this exercise shall be consistent, comparable at EU level and paced in line with evolving global developments. In this regard the Commission may provide guidance in order to avoid excessive defragmentation in the set-up of national monitoring mechanisms.
Amendment 92 #
2022/0032(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commission. Strategic mapping shall complement the monitoring activity under this Regulation and should serve the objective of understanding long-term interdependencies across the supply chain.
Amendment 97 #
2022/0032(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to forecast and prepare for future disruptions of the different stages of the semiconductor value chain in the Union, the Commission should, assisted by the European Semiconductor Board, identify early warning indicators in the Union risk assessment. Such indicators could include the availability of raw materials, intermediate products and human capital needed for manufacturing semiconductors, or appropriate manufacturing equipment, the forecasted demand for semiconductors on the Union and global markets, price surges exceeding normal price fluctuation, the effect of accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade related measures, and the effect of business closures, delocalisations or acquisitions of key market actors. Member States should monitor these early warning indicators. A strong involvement of the industry in the monitoring of identified indicators should be a prerequisite for earlier qualitative assessment and simulation of potential shortages.
Amendment 110 #
2022/0032(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The semiconductor crisis stage should be triggered as last resort in the presence of concrete, serious, and reliable evidence of such a crisis. A semiconductor crisis occurs in case of serious disruptions to the supply of semiconductors leading to significant shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, given that the Union’s industrial sectors represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment.
Amendment 112 #
2022/0032(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to ensure an agile and effective response to such a semiconductor crisis, the Commission should be empowered to activate the crisis stage by means of an implementing acts and for a predetermined duration period, taking into account the opinion of the European Semiconductor Board. The Commission should assess the need for prolongation and prolong the duration of the crisis stage for a predetermined period, should such a necessity be ascertained, taking into account the opinion of the European Semiconductor Board. Equally, should supply chain recovery conditions be ascertained, the Commission, in accordance with the European Semiconductor Board, should assess the possibility of ending the crisis stage and related measures in advance.
Amendment 112 #
2022/0032(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In light of the structural deficiencies of the semiconductor supply chain and the resulting risk of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions and related impact on the competitiveness of European industry. The long term objective of the monitoring exercise enshrined under this Regulation should be a shift from crisis mitigation to crisis prevention. .
Amendment 114 #
2022/0032(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessary to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States, in close coordination with the relevant stakeholders, should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors,. The monitoring activity shall be targeted and purpose driven in such a way that it would not represent an excessive administrative burden for undertakings nor jeopardize confidentiality requirements. Information collected within the scope of this exercise shall be consistent,comparable at EU level and paced in line with evolving global developments. In this regard the Commission may provide guidance in order to avoid excessive defragmentation in the set-up of national monitoring mechanisms.
Amendment 124 #
2022/0032(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) setting up a coordination mechanism between the Member States and, the Commission as well as key market actors and relevant end user industries for monitoring the supply of semiconductors and crisis response to semiconductor shortages.
Amendment 124 #
2022/0032(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commission. Strategic mapping shall complement the monitoring activity under this Regulation and should serve the objective of understanding long-term inter dependencies across the supply chain.
Amendment 126 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, the defence sector and other, activities that are relevant for public safety and security as well as any other activity or sector of strategic economic importance for Member States;
Amendment 129 #
2022/0032(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate effective monitoring, in-depth assessment of the risks associated with different stages of the semiconductor value chain is needed, including on the origins and sources of supplies beyond the Union. Such risks may be related to critical inputs -such as raw materials- and equipment for the industry, including digital products that may be vulnerable, possible impact of counterfeit semiconductors, manufacturing capacities and other risks that may disrupt, compromise or negatively affect the supply chain. Those risks could include supply chains with a single point of failure or which are otherwise highly concentrated. Other relevant factors could include the availability of substitutes or alternative sources for critical inputs and resilient and sustainable transport. The Commission should, assisted by the European Semiconductor Board and taking also into account information received from the main user categories, develop a Union level risk assessment.
Amendment 130 #
2022/0032(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to forecast and prepare for future disruptions of the different stages of the semiconductor value chain in the Union, the Commission should, assisted by the European Semiconductor Board, identify early warning indicators in the Union risk assessment. Such indicators could include the availability of raw materials, intermediate products and human capital needed for manufacturing semiconductors, or appropriate manufacturing equipment, the forecasted demand for semiconductors on the Union and global markets, price surges exceeding normal price fluctuation, the effect of accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade related measures, and the effect of business closures, delocalisations or acquisitions of key market actors. Member States should monitor these early warning indicators. A strong involvement of the industry in the monitoring of identified indicators should be a prerequisite for earlier qualitative assessment and simulation of potential shortages.
Amendment 135 #
2022/0032(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The semiconductor crisis stage should be triggered as last resort in the presence of concrete, serious, and reliable evidence of such a crisis. A semiconductor crisis occurs in case of serious disruptions to the supply of semiconductors leading to significant shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, given that the Union’s industrial sectors represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment.
Amendment 136 #
2022/0032(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to ensure an agile and effective response to such a semiconductor crisis, the Commission should be empowered to activate the crisis stage by means of an implementing acts and for a predetermined duration period, taking into account the opinion of the European Semiconductor Board. The Commission should assess the need for prolongation and prolong the duration of the crisis stage for a predetermined period, should such a necessity be ascertained, taking into account the opinion of the European Semiconductor Board. Equally, should supply chain recovery conditions be ascertained, the Commission, in accordance with the European Semiconductor Board, should assess the possibility of ending the crisis stage and related measures in advance.
Amendment 138 #
2022/0032(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Close cooperation between the Commission, relevant stakeholders and the Member States and coordination of any national measures taken with regard to the semiconductor supply chain is indispensable during the crisis stage with a view to addressing disruptions with the necessary coherence, resiliency and effectiveness. To this end, the European Semiconductor Board should hold extraordinary meetings as necessary. Any measures taken should be strictly limited to the duration period of the crisis stage.
Amendment 142 #
2022/0032(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) A number of sectors are critical for the proper functioning of the internal market and to preserve the competitiveness of European industries. Those critical sectors are the sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities61 . For the purposes of this Regulation, defence, automotive and other activities that are relevant for public safety and security should be additionally considered as a critical sector. Certain measures should only be enacted fur the purpose of securing supply to critical sectors. The Commission may limit the emergency measures to certain of these sectors or to certain parts of them when the semiconductor crisis has disturbed or is threatening to disturb their operation. _________________ 61 COM(2020) 829. 16.12.2020.
Amendment 145 #
2022/0032(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The purpose of requests for information from undertakings along the semiconductor supply chain established in the Union in the crisis stage is an in-depth assessment of the semiconductor crisis in order to identify potential mitigation or emergency measures at Union or national level and to drive towards the autonomy from extra-EU suppliers. Such information may include production capability, production capacity and current primary disruptions and bottlenecks. These aspects could include the typical and current actual stock of crisis-relevant products in its production facilities located in the Union and third country facilities which it operates or contracts or purchases supply from; the typical and current actual average lead time for the most common products produced; the expected production output for the following three months for each Union production facility; reasons that prevent the filling of production capacity; or other existing data necessary to assess the nature of the semiconductor crisis or potential mitigation or emergency measures at national or Union level. Any request should be proportionate, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, as well as set out appropriate time limits for providing the requested information. Undertakings should be obliged to comply with the request and may be subject to penalties if they fail to comply or provide incorrect information. Any information acquired should be subject to confidentiality rules. Should an undertaking be subject to a request for information related to its semiconductor activities from a third country, it should inform the Commission so to enable an assessment whether an information request by the Commission is warranted.
Amendment 148 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall invite the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updates. In doing so, Member States shall consult relevant end user industries with a view to build the necessary mechanisms on existing industry best monitoring practices.
Amendment 161 #
2022/0032(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) setting up a coordination mechanism between the Member States and the, Commission and relevant stakeholders for monitoring the supply of semiconductors and crisis response to semiconductor shortages.
Amendment 168 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, the defence sector and other activities that are relevant for public safety and security as well as any other activity or sector of strategic economic importance for Member States;
Amendment 174 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall review the Union risk assessment including the early warning indicators as necessary, including upon indication of the European Semiconductor Board.
Amendment 188 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. During the crisis stage the Commission shall, upon request from a Member State or on its own initiative, equally assess whether advance termination of crisis stage should be considered. Where the assessment concludes that earlier termination is appropriate, the Commission may conclude activation after consulting the European Semiconductor Board.
Amendment 207 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The use of the measures referred to in paragraph 1 shall be proportionate and restricted to what is necessary for addressing serious disruptions of vital societal functions or strategic economic activities in the Union and must be in the best interest of the Union. The use of these measures shall avoid placing disproportionate administrative burden on SMEs.
Amendment 212 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission mayshall, after consulting the European Semiconductor Board, issue guidance on the implementation and the use of the emergency measures.
Amendment 215 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission may, upon the request of two or more Member States, establish a mandate to act as a central purchasing body on behalf of the participating Member States (‘participating Member States’) for their public procurement of crisis-relevant products for certain critical sectors or strategic economic activities in the Union (‘common purchasing’).
Amendment 219 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall, in consultation with the European Semiconductor Board, assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board without undue delay and give reasons for its refusal.
Amendment 223 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Procurement under this Regulation shall be carried out by the Commission in accordance with the rules set out in the Financial Regulation for its own procurement. The Commission may have the ability and responsibility, on behalf of all participating Member States, to enter into contracts with economic operators, including individual producers of crisis- relevant products, concerning the purchase of such products or concerning the advance financing of the production or the development of such products in exchange for a priority right to the result. The Commission shall keep Member States duly informed of the progress of the procurement procedure.
Amendment 234 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall invite the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updates. In doing so, Member States shall consult relevant stakeholders with a view to build the necessary mechanisms on existing industry best monitoring practices.
Amendment 248 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. National competent authorities designated pursuant to Article 26(1) shall map undertakings operating along the semiconductor supply chain in their national territory, including non- confidential information on the services or goods, and contact information. They shall notify this list and any subsequent update to the Commission. The Commission mayshall issue guidance, after consulting the European Semiconductor Board, to further specify the information to be gathered and define the technical specifications and formats.
Amendment 252 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall review the Union risk assessment including the early warning indicators as necessary. , including upon indication of the European Semiconductor Board..
Amendment 272 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The use of the measures referred to in paragraph 1 shall be proportionate and restricted to what is necessary for addressing serious disruptions of vital societal functions or strategic economic activities in the Union and must be in the best interest of the Union. The use of these measures shall avoid placing disproportionate administrative burden on SMEs.
Amendment 273 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission mayshall, after consulting the European Semiconductor Board, issue guidance on the implementation and the use of the emergency measures.
Amendment 277 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Should an undertaking supply intentionally incorrect, incomplete or misleading information, in response to a request made pursuant to this Article, or not supply the information within the prescribed time limit, it shall be subject to fines set in accordance with Article 28.
Amendment 288 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission may, upon the request of two or more Member States, establish a mandate to act as a central purchasing body on behalf of the participating Member States (‘participating Member States’) for their public procurement of crisis-relevant products for certain critical sectors (‘or strategic economic activities in the Union("common purchasing’").
Amendment 289 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall, in consultation with the European Semiconductor Board, assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board without undue delay and give reasons for its refusal.
Amendment 312 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission and Member States may exchange, where necessary and in full compliance with the Union rules with regard to sensitive business, economic and security related information, confidential information with competent authorities of third countries with which they have agreed on bilateral or multilateral confidentiality arrangements to provide an adequate level of confidentiality.
Amendment 320 #
2022/0032(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The rights of defence of the undertaking or representative organisations of undertakings concerned shall be fully respected in any proceedings. The undertaking or representative organisations of undertakings concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of undertakings in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement, respecting however undertakings trade secrets.
Amendment 323 #
2022/0032(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. By threewo years after the date of application of this Regulation and every fourthree years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public.
Amendment 9 #
2021/2200(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Indo-Pacific region has become a geopolitical and geoeconomic reality; whereas the global economy’s centre of gravity has shifted from the Atlantic to the Pacific; whereas many European countries have begun demonstrating a keen interest in playing a greater role in the Indo-Pacific, which was underlined in the EU Ministerial Forum for cooperation in the Indo- Pacific (Paris, February 2022);
Amendment 26 #
2021/2200(INI)
D. whereas geopolitical competition between the United States and China continues to rise with significant effects on global trade; whereas there is a clear rise of China which entails a critical element of the current global and regional uncertainties;
Amendment 28 #
2021/2200(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 37 #
2021/2200(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. Whereas European overseas territories could hold a very important geostrategic role in enhancing EU’s position and building upon strong cooperation with the neighbouring countries in the fields of connectivity, ocean governance, security and defence;
Amendment 42 #
2021/2200(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the COVID-19 crisis has accelerated a number of geopolitical trends that were already under way; whereas it also highlighted the need for international cooperation giving rise to intense geopolitical competition adding to increasing tensions on trade as well as in technological, political and security areas; whereas it has also shown vulnerabilities in the global supply chains and has made clear the need for more diversification;
Amendment 49 #
2021/2200(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas EU has expressed its interest in strengthening its role in the Ocean governance sphere in the Indo- Pacific, underlining the core role that EU member states could play in this regard - especially due the presence of France through its overseas territories-;
Amendment 50 #
2021/2200(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Whereas the EU and Member states could play a key role in fostering the sustainable management of the ocean’s resources in the Indo-Pacific region, safeguarding biodiversity, marine diversity and biological resources; underlines in this regards, the importance of various Sustainable Fisheries Partnership Agreements in the region and the role that they could play in the fight against Illegal, Unreported and Unregulated fishing (IUU);
Amendment 74 #
2021/2200(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the role the EU and member states could play in the fight against deforestation; calls in this regard partners from the Indo-Pacific region to fully implement FLEGT agreements and to cooperate in the fight against illegal timber trade;
Amendment 77 #
2021/2200(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on the European Commission while negotiating trade and investment agreements to always bear in mind the specificities of the EU overseas territories located in the Pacific and Indian Ocean and to promote and reflect their specific interest;
Amendment 103 #
2021/2200(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for continuing actions oriented at raising awareness among businesses and citizens of existing FTAs in the region and the opportunities they provide, with a special attention and support to SMEs; calls for strengthened technical and financial support where necessary to help partner countries to effectively implement FTAs, in particular the chapters on TSD;
Amendment 2 #
2021/2188(INI)
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
— having regard to the competence of the European Parliament’s Committee on Transport and Tourism in the area of maritime programming and an integrated maritime policy;
Amendment 7 #
2021/2188(INI)
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
— having regard to the political agreement between Parliament and the Council of 11March 2021 on the Connecting Europe facility 2021-2027;
Amendment 16 #
2021/2188(INI)
Draft opinion
Recital A
Recital A
A. wWhereas the EUEurope’s blue economy is a broad and fast-moving industry that has taken significant steps over the past decade to modernise and diversify itself, while providing 4.5 million direct jobs in sectors based in the marine environment and on landprovides 4.5million direct jobs. It encompasses all industries and sectors related to oceans, seas and coasts, whether they are based in the marine environment (e.g. shipping, seagoing passenger transport, fisheries, energy generation) or on land (e.g. ports, shipyards, coastal tourism, land-based aquaculture). It is a broad, fast-moving segment of our economy, which over the past decade has taken significant steps to modernise and diversify;
Amendment 31 #
2021/2188(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the preservation and restoration of marine ecosystems is essential for humankind as they are fundamental for global food security and human health, and as a source of economic activities including transport, trade, tourism, fisheries, renewable energy and health products, which should be based on the principle of sustainability;
Amendment 35 #
2021/2188(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. Whereas EU shipyards could seize the opportunities arising from the fast- growing markets of innovative energy- efficient service vessels that should significantly reduce fuel consumption and CO2 emissions;
Amendment 37 #
2021/2188(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
B c. Whereas Ports are crucial to the connectivity and the economy of regions and countries. As Europe´s industrial landscape changes (for example with the expansion of offshore renewable energy), the role of ports will evolve too;
Amendment 38 #
2021/2188(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
B d. Whereas in coastal regions, developing green infrastructure will help preserve biodiversity, coastal ecosystems and landscapes, strengthening the sustainable development of tourism and of the coastal regions’ economy. These adaptation activities will become a new sector of the blue economy in its own right;
Amendment 45 #
2021/2188(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that the EU’s recovery efforts must be centred on sustainability, competitiveness and growth objectives;
Amendment 59 #
2021/2188(INI)
Draft opinion
Paragraph 2 – point 1 (new)
Paragraph 2 – point 1 (new)
Amendment 60 #
2021/2188(INI)
Draft opinion
Paragraph 2 – point 2 (new)
Paragraph 2 – point 2 (new)
(2) Calls on the Commission to ensure that the EU is maintaining technological leadership, retaining talent and producing clean energy while taking into account potential impacts on the marine environment;
Amendment 61 #
2021/2188(INI)
Draft opinion
Paragraph 2 – point 3 (new)
Paragraph 2 – point 3 (new)
(3) Calls on the Commission and the industry to evaluate the benefit of establishing a European partnership for maritime transport to foster innovation within the sector, to contribute to decarbonisation, to create infrastructures for loading and supplying alternative fuels in ports and cargo terminals, and to develop waste management plans for Atlantic and Mediterranean ports;
Amendment 74 #
2021/2188(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to complete priority projects withincluded in the Ttrans-European Ttransport Nnetwork (TEN-T), in particular projects involving for the Atlantic, the and Mediterranean andSea, especially in cross- border areas, while promoting the full development of the TEN-T motorways of the sea and the connection of islands to the mainland; and in the context of the future TEN-T guidelines and the Connecting Europe Facility (2021-2027), to promote and invest in the full development of the TEN-T motorways of the sea connecting islands to the mainland and a comprehensive multimodal transport system; it is essential to create seamless transport chains for passengers and cargo across all transport modes; believes that projects should pay particular attention to the special connectivity and accessibility needs of peripheral, islands and outermost regions of the Atlantic and Mediterranean; stresses the need to give priority, where geographically feasible, to the most sustainable modes of transport such as rail, maritime and inland waterways transport;
Amendment 95 #
2021/2188(INI)
Draft opinion
Paragraph 5 – point 1 (new)
Paragraph 5 – point 1 (new)
(1) Calls on the Commission to include sustainable maritime, island and coastal tourism in related actions and programmes, to support initiatives that encourage the diversification of coastal, maritime and marine tourism, help make tourist activities and employment less seasonal;
Amendment 97 #
2021/2188(INI)
Draft opinion
Paragraph 5 – point 2 (new)
Paragraph 5 – point 2 (new)
(2) Underlines the importance of yachting and sailing for maritime tourism, the importance of beach and underwater tourism, water sports, the cruise industry and the role of local culture and gastronomy in the development of European coastal tourism;
Amendment 4 #
2021/2177(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas India is a key like- minded partner in the Indo-Pacific region, which has in place some Free Trade Agreements (FTA) with selected countries in this region and has recently concluded an FTA with Australia, while is still negotiating with the UK and New Zealand; whereas India refused to join the Regional Comprehensive Economic Agreement (RCEP) opposing China participation/membership;
Amendment 8 #
2021/2177(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU is India’s third- largest trading partner and leading foreign investor, while India is the EU’s ninth- largest trading partner and only accounted for less than 2.1 % of its total trade in goods in 2021; whereas there is untapped potential for stronger, deeper and mutually beneficial economic cooperation; from 2019, India benefits of a trade surplus with the EU which reached €4 billion in 20211a; whereas India is imposing high tariffs on many EU agri-food products, such as wine, oil, dairy products, fruits and vegetables, while roughly half of India’s exports to the EU are eligible for GSP preferences with a utilization rate of 81% in 2019; whereas there is untapped potential for stronger, deeper and mutually beneficial economic cooperation; _________________ 1a https://ec.europa.eu/eurostat/statistics- explained/index.php?title=India- EU_%E2%80%93_international_trade_in _goods_statistics#:~:text=In%202011%2C %20the%20EU%20had,2013%20(%E2%8 2%AC%2030%20billion).
Amendment 16 #
2021/2177(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas India has not ratified two out of the eight core ILO Conventions, namely Freedom of Association and Protection of the Right to Organize Convention (No. 87) and Right to Organize and Collective Bargaining Convention (No. 98);
Amendment 77 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point ii
Paragraph 6 – point ii
ii. expedited, more transparent and less onerous customs, sanitary and phytosanitary procedures without putting at risk the health of EU consumers by ensuring that Indian imports, especially agri-food products, respect the same ambitious EU safety, environmental, health and quality rules and standards, including those related to hormones, GMOs and antibiotics as well as the use of pesticides; as well as a comprehensive single-window electronic certification process and the removal of disproportionate import bans;
Amendment 84 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point iv
Paragraph 6 – point iv
iv. a comprehensive chapter on public procurement at all levels of governance in order to enforce the principles of transparency and non-discrimination in public procurement through effective remedy procedures; calls, in this respect, for India to accede to the WTO Agreement on Government Procurement and to prohibit ‘buy national’ practices;
Amendment 110 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point x a (new)
Paragraph 6 – point x a (new)
x a. guarantee of a real level playing field, where Indian business can compete with EU business in a fair and equitable way, without benefiting from less strict labour and environmental standards that might be not compliant with international law;
Amendment 133 #
2021/2177(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Applauds both sides’ readiness to negotiate a stand-alone investment protection agreement, which would increase legal certainty for investors on both sides and further strengthen bilateral trade relations by at the same time preserving the right to regulate of each party within its own territory to achieve legitimate policy objectives; recommends working towards the achievement of common and mutually beneficial objectives in these areas in order to foster economic growth and innovation;
Amendment 140 #
2021/2177(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the leaders’ commitment to concluding a separate agreement on geographical indications, be it a stand- alone agreement or integrated within the comprehensive trade agreement; , with the aim to protect and at the same time promote the respective high-valued excellency of agri-food products as well as to prevent the risk of counterfeiting or “sounding” practices of products covered by collective intellectual property rights; underlines that at the moment India has recognized only 21 of the nearly 3,400 EU geographical indications2a; calls on the Commission to push forward the protection of a broad and exhaustive list of EU geographical indications _________________ 2a https://ipindia.gov.in/writereaddata/Portal /Images/pdf/GI_Application_Register_16- 11-2021.pdf
Amendment 151 #
2021/2177(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on the Commission to keep the Parliament duly informed on the outcomes of the long-standing market access issues as well as on the achievements of the negotiations;
Amendment 56 #
2021/2046(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas intermodal nodes, ports, and logistic terminals connecting rail freight, road and waterways along the TEN-T corridors play a decisive strategic role to increase the modal shift to sustainable freight transport and will require targeted long-term EU and national funding and investments;
Amendment 60 #
2021/2046(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas investments in high- quality rail infrastructure play a crucial role to increase the sustainability of transport in the core network and as well in the regional, urban, insular and peripheral dimension, with a particular benefit for touristic activities and connectivity;
Amendment 64 #
2021/2046(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas the hydrogen infrastructure in the rail transport network will play a strategic role to allow for the replacement of non-electrified lines with hydrogen train services;
Amendment 71 #
2021/2046(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the economic crisis due to the COVID-19 pandemic affects all parts involved in the transport sector, it puts at risk the levels of employment, and it causes financial difficulties to the companies, while infrastructure managers need to bear several fixed costs to fulfil public service obligations, and consumer rights should be further protected and safeguarded;
Amendment 81 #
2021/2046(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas inequalities and disparities still exist in the EU road haulage market, thus resulting in a continuous gap between transport costs and rates, and among social security contributions across the EU;
Amendment 82 #
2021/2046(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas social dumping remains a major problem for the sector, and it affects the working conditions of drivers and it jeopardizes the competition among the operators established in different countries;
Amendment 129 #
2021/2046(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s sustainable and smart mobility strategy and supports its ambition to achieve a climate- neutral, digitalised, competitive and efficient transport sector; nevertheless believes that the strategy should further target the social needs of the workers and the economic sustainability of investments for the EU industry;
Amendment 153 #
2021/2046(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds that the modal shift goals to sustainable freight and passenger transport defined by the strategy may be achieved only with a modern well- functioning high quality cross-border network rail transport infrastructure; recommends that the Commission and the Member States adopt all possible measures to ensure the finalisation of key infrastructure projects in the TEN-T networks, including the cross-border sections, at the earliest foreseeable date;
Amendment 163 #
2021/2046(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Reminds the detrimental impact that the COVID-19 pandemic had on businesses and operators in the transport and mobility related value chains, including tourism; therefore stresses the need to prioritise financial and regulatory measures to support the recovery of businesses and operators in the mobility and tourism sector with the aim to foster private investments in transport services;
Amendment 192 #
2021/2046(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s efforts to accelerate the uptake of zerolow- emission vehicles and zerolow-emission fuels; calls on the Commission to aim for higher numbers of zerolow-emission light- and heavy- duty vehicles by 2030 and to propose more stringent CO2 standards and air-pollutant emission standards, while taking into account the results of LCA based methodologies when evaluating the carbon footprint of each technology;
Amendment 220 #
2021/2046(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to propose binding targets for public charging points as well as for hydrogen refuelling stations; believes that Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure2 should be transformed into a regulation; _________________ 2the uptake of clean alternative fuels and energy sources throughout all transport modes, while keeping in mind the already significant investments allocated by stakeholders in refuelling stations, especially those providing LNG, as per the requirements of Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure; believes that public and private investments should be mobilized to ensure the availability of clean refuelling and recharging infrastructure where there is a demand from customers and/or business case and the technology is available; OJ L 307 28.10.2014, p. 1.
Amendment 245 #
2021/2046(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that zero-emission fuels, such as clean hydrogen and synthetic fuels, should be used in accordance with the ‘energy efficiency first’ principle, mainly for those transport modes where direct electrification is not possible or not yet market-ready; recalls the importance of blue hydrogen technologies, in particular considering that market-deployed hydrogen possibilities for the various modes of transport are still limited;
Amendment 295 #
2021/2046(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the announced proposals on sustainable fuels for aviation and maritime; underlines that any use of biofuels needs to meet the EU sustainability criteria, which take life- cycle greenhouse gas emissions into accpolicy aiming at the reduction of the emissions in the maritime sector should remain a technology neutral one as the sector's path towards decarbonisation is yet to be clearly set ount;
Amendment 371 #
2021/2046(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. calls on the Commission and the Member States to identify specific actions to support investments in sustainable local transport and railways in densely populated areas and/or with high seasonal and touristic value, and in rural, insular and mountain regions;
Amendment 405 #
2021/2046(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to significantly increase their efforts to increase theboost investments in multimodal shmare of walking and cycling in urbant and connected passenger transport on a regional and rural areasban scale;
Amendment 490 #
2021/2046(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines the vital role of last mile intermodal infrastructures, ports and terminal hubs to achieve the functioning of high quality sustainable networks for freight; therefore calls on the Commission and the Member States to prioritize and to promote increased investments in the infrastructure for combined and intermodal freight transport, while reminding that the current financial instruments to support these investments are often inadequate and not sufficient;
Amendment 519 #
2021/2046(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to complete theat, in case of internalisation of external costs for all modes of transport, an appropriate earmarking of revenues shall be ensured for the improvement and the upgrade of the infrastructure, and to reduce the costs for the users and operators;
Amendment 525 #
2021/2046(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 567 #
2021/2046(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Insists on the phasing-out of most direct and indirect fossil fuel subsidies by 2022 in the Union and in each Member State, while recognizing the transitional role of LNG and LNG infrastructure in particular in the maritime sector, and considers the revision of the Energy Taxation Directive as the best possibility to achieve a stable and predictable carbon price;
Amendment 692 #
2021/2046(INI)
27a. Reminds the importance of addressing the needs of the aviation sector, supporting all parts involved, and providing adequate financial support in order to avoid bankruptcies, to safeguard the level of employment and the work conditions, and to respect consumers rights; deplores the lack of investments in the aviation sector, and calls on the Commission and the Member States for boosting investments for the sector;
Amendment 729 #
2021/2046(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that the shift towards sustainable and smart mobility can create new high-quality jobs; believes that possible negative consequences that this shift may have for workers should be mitigated via social funding and a specific strategy fordiscussed with all stakeholders involved in the concerned sectors in order to facilitate the re- and upskilling as well as the redeployment of workers, thereby ensuring a justsmooth transition;
Amendment 751 #
2021/2046(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. calls on the Commission and the Member States to ensure a fair and full level playing field in social and market conditions, guaranteeing a fair competition among all the operators;
Amendment 760 #
2021/2046(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission and the Member States to encourage the diversification and quality of the transport workforce, and the attractiveness of the profession, while supporting lifelong learning and training schemes for entrepreneurs and professionals, in particular to attract women and young workers;
Amendment 17 #
2021/2043(INI)
Motion for a resolution
Recital C
Recital C
C. whereas many barriers affecting the single market derive from incorrect or incomplete application of EU legislation; whereas the effective implementation of existing EU legislation and abolition of barriers depends on both the Commission and Member States;
Amendment 22 #
2021/2043(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas continuously evolving regulatory intervention at EU level might also adversely affect the single market, creating barriers such as high compliance costs in the business environment, especially for SMEs, and legal uncertainty for individual consumers as well;
Amendment 59 #
2021/2043(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the single market remains the European Union’s greatest achievement; urges the Commission, therefore, to simplify the application of the current EU regulatory framework as well as refocus resources at issues plaguing the single market, in particular non-tariff barriers (NTBs), which continue to limit opportunities for consumers and businesses;
Amendment 64 #
2021/2043(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets that in some cases EU regulations have increased social dumping and unfair competition within the single market instead of reducing them, thereby also discriminating against those companies and Member States that produce with very high social and environmental standards;
Amendment 76 #
2021/2043(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. States that the prerogative of Member States to regulate certain areas of public interest must remain unaffected, specifically in cases of multilevel governance where regions have implementing powers;
Amendment 108 #
2021/2043(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Regrets that some of the identified restrictions under the Services Directive come as a result of the legal uncertainty it has triggered since its entry into force with regard to its scope, in particular for SMEs in the tourism sector;
Amendment 117 #
2021/2043(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises the insufficient use of the notification procedure under the Services Directive; calls on the Commission to reflect on improving this framework, possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified, while remaining cautious in order to not undermine the Services Directive and avoiding the situation which led to the withdrawal of the previous proposal;
Amendment 125 #
2021/2043(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Underlines that provisions aimed at safeguarding consumers safety, working conditions and the environment as well as preserving the regional cultural heritage shall not be considered as barriers to the free movement of goods and services;
Amendment 135 #
2021/2043(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that mutual recognition of professional qualification is seriously affected by administrative barriers imposed by Member States; observes in this regard that the Commission is not reacting to unfair competition, both offline and online, which affects those sectors where Member States do not impose harmonised standards;
Amendment 164 #
2021/2043(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the international road haulage sector is subject to a number of NTBs restricting access to national markets, which limit its competitiveness, discriminate against transport companies from certain Member States and increase emissions; calls on the Commission and Member States to abolish unnecessary restrictions on cabotage, and calls for the opento boost the realisation of the ongoing projects in the Alpine (EUSALP) macro- region, such as the Brenner tunnel; calls on the Member States not to apply, and to remove, if already in place, any additional restrictions or limitations on road haulage transport within the affected regions, during of the freight and passenger transport services sector within the EUtransitional period or afterwards due to consequences of increased freight traffic and transit;
Amendment 189 #
2021/2043(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to consistently, speedily and rigorously assess whether EU and national rules hinder the internal market, and where they do, to assess if they are necessary, proportional and justified;
Amendment 194 #
2021/2043(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Observes that the incorrect enforcement of single market rules comes also as a result of obstacles encountered by Member States in transposing EU legislation on certain production sectors;
Amendment 12 #
2021/2040(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the vulnerability of consumers to whom such products are addressed and the health risk to them in the event of exposure to unsafe or counterfeit products;
Amendment 13 #
2021/2040(INI)
D b. whereas e-commerce increases consumer choice but exposes them to health risks when purchasing unsafe or counterfeit products;
Amendment 53 #
2021/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that lower limit values for chemicals such as nitrosamines and nitrosatable substances set out at national level compared to those established in the TSD create inconsistencies, even when justified by the Commission; notes, however, that all EU children should enjoy the same high level of protection, in particular children with disabilities; acknowledges that this limit value cannot be amended by an implementing act but would require a legislative procedure; calls on the Commission, therefore, to adapt the limit value to the strictest value in force at national level in a revision of the TSD;
Amendment 86 #
2021/2040(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on market surveillance authorities to strictly apply Article 19 (EU) 2019/1020 when dealing with toys, given the vulnerability of children to defective, unsafe or counterfeit products;
Amendment 116 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Highlights the importance of safeguarding children´s privacy when using connected toys and calls for data generated by such toys to be fully under parental control;
Amendment 150 #
2021/2040(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
Amendment 10 #
2021/2038(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Identifies trade policy as a strategic geopolitical tool for the transatlantic agenda; highlights the need to identify joint actions based on shared interests and values in order to contribute to a global sustainable and inclusive economic recovery; stresses that ‘workers and wages’ and more resilient, shorter and responsible supply chains should be at the core of such an agenda;
Amendment 42 #
2021/2038(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 88 #
2021/2038(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages both sides to find a framework for joint action and look for selective agreements; underlines Europe's dependence on American infrastructure and tech services and calls for a stronger regulatory, greensustainable and digital partnership through the Trade and Technology Council and a coordinated approach to critical technologies, a carbon border adjustment mechanism andCBAM, a regulatory framework for big tech companies as well as digital and global taxes.;
Amendment 99 #
2021/2038(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the EU and the US sides to strengthen regulatory cooperation on pharmaceuticals in order to allow patients to have easier and faster access to essential medicines in both markets;
Amendment 100 #
2021/2038(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines the current challenges the European and US industry are facing and stresses that a global level playing field is needed in order to grant a fair competition on the global market; calls to protect key industries against unfair competition from state-owned or state- subsidised investors and third countries competitors subject to less stringent climate and environment rules with significant inferior labour costs;
Amendment 103 #
2021/2038(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Calls to increase transparency and to improve consumer awareness of agri- food products in both EU and US markets; underlines that particular attention must be paid to new technological and digital innovation tools that can provide a contribution to the traceability of the supply chain and fight counterfeited foods;
Amendment 104 #
2021/2038(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Stresses that a few large, mainly US and EU, multinational groups control not only the market of technical means necessary for cultivation and farming, including seeds, but also the purchase and marketing of agricultural products and food. This concentration jeopardizes biodiversity, protection of territorial identity and freedom of choice of consumers, as well as food sovereignty.
Amendment 5 #
2021/2037(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that in 2020 China for the first time ranked as the EU’s largest partner for trade in goods, with the trade balance further deteriorating to the EU’s detriment, having the latter a trade deficit with China; highlights that the current EU- China Strategy in place has clearly resulted limited;
Amendment 11 #
2021/2037(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 27 #
2021/2037(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned about the increasingly unbalanced EU-China bilateral economic and trade relationship, which are marked by an asymmetry in market access and the absence of an effective level playing-field able to ensure fair access to the Chinese market for these EU producers and exporters as well as by the opposed social and environmental standards; stresses that rebalancing and a more level playing field are vital to EU interests;
Amendment 34 #
2021/2037(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Regrets that the efforts and the tools used by the EU have not resulted in tangible progress on human rights in China, not contributing in the ceasing of the prompt and negative evolution and deterioration of China as an international actor;
Amendment 39 #
2021/2037(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Repeats its deep concern about the many barriers that European businesses face when accessing and operating on the Chinese market as well as the unfair trading practices imposed by state-owned enterprises; is worried that China’s ‘dual circulation strategy’ referred to in its 14th Five Year Plan will further deteriorate the business environment for EU companies; highlights again its particular concern about the market distorting practices of Chinese state-owned enterprises, forced technology transfers and data localisation, industrial overcapacity in sectors such as steel and the related dumping of exports, and other unfair trading practices as well as the interferences in the democratic life of the EU by the attempts of Chinese state and non-state actors;
Amendment 47 #
2021/2037(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the adoption of a proposal for a Regulation on foreign subsidies distorting the internal market; hopes that that this instrument can secure a strong and competitive single market, strengthening the position of the EU and tackling the distortions caused by third countries-especially China- by increasing the level-playing field;
Amendment 54 #
2021/2037(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that China has not ratified four of the eight core ILO Conventions; condemns the continuous breaches of human and labour rights practiced by China, especially those related to Uighur abuses in Xinjiang region;
Amendment 68 #
2021/2037(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. WelcomesTakes note with big concern of the conclusion at the political level of the EU- China Comprehensive Agreement on Investment (CAI); recalls that the CAI has to be considered in the context of a strengthened EU toolbox of unilateral measureswelcomes the suspension of the ratification of the such investment agreement and expects the Commission to consult with the Parliament before taking further steps towards its conclusion; underlines it will thoroughly scrutinise the agreement, including its sustainable development section, and take stock of the human rights context, before determining its position;
Amendment 73 #
2021/2037(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. In this sense, recalls the arbitrary and unlawful sanctions adopted by the People’s Republic of China against five members of the European Parliament, entities and think tanks, meant as a tool of intimidation; highlights that, due the latter Chinese sanctions, the role of the European Parliament for duly analysing the CAI has been jeopardised and further states that trade and investment relations need to be within the scope of human rights and the broader political relations;
Amendment 94 #
2021/2037(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the entry into force of the EU-China Agreement on geographical indications, and reiterates the importance of effective implementation of the Agreement.; regrets, nevertheless, that the Commission did not pursue from the beginning a more ambitious agenda by trying to cover a broader number of Geographical Indications;
Amendment 99 #
2021/2037(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Is highly concerned about the global high dependence on Chinese supply chain that the current COVID19 pandemic has shown; further highlights the need for the EU to swift towards the reshoring and near shoring some strategical productions 1b; _________________ 1b“PostCovid-19 value chains: options for reshoring production back to Europe in a globalised economy”, published in 2020
Amendment 102 #
2021/2037(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Takes note of the important role that China is taking in the Asia-Pacific region, which has increased even more thanks to the Regional Comprehensive Economic Partnership (RCEP); underlines the fact that the RCEP is causing significant geopolitical shifts, challenging also the global position of the EU, by creating the world's largest trading bloc, covering nearly a third of the global economy;
Amendment 68 #
2021/2014(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for measures to further strengthen road safety in urban and suburban nodes and improve operational safety throughout the life cycle of critical infrastructure in the forthcoming revision of the TEN-T Regulation; calls on the Commission to set out therein the bases for future investment decisions relating to road safety;
Amendment 105 #
2021/2014(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that new personal mobility devices also raise a number of serious concerns related not only to the safety of the devices themselves, but also to their safe use in trafficto their safe use in traffic; points out that the standard installation of technological tools to support the proper use of the devices (voice assistants, hands-free kits, eye-level monitors, etc.) are able to neutralise most driving distractions; regrets that only a few Member States have introduced legislation on this issue and that the lack of harmonisation in the EU can create confusion and make it difficult for visitors to abide by local rulthe EU to achieve its 2030- 2050 objectives; calls on the Commission to consider a type approval framework for these new mobility devices and to issue guidelines for Members States on traffic rules for the use of such devices;
Amendment 117 #
2021/2014(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that according to a Commission study, alcohol is estimated to be involved in around 25 % of all road fatalities, while drugs are involved in 15 % of road fatalities5; notes that the EU recommendation on permitted blood alcohol content dates from 2001; calls the Commission to update its recommendations and include a zero- tolerance drink-driving limit in its recommendationstherein, and to introduce an EU recommendation for zero tolerance regarding illicit psychoactive drugs and standards on roadside drug-driving enforcement; calls on the Commission to also include in the revised recommendations guidance on the fitting of alcohol interlock devices, with a special focus on repeat offenders, high- level first- time offenders and all professional drivers; _________________ 5Commission study of 18 February 2014 on the prevention of drink-driving by the use of alcohol interlock devices.
Amendment 126 #
2021/2014(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reminds the Member States that, in accordance with the road infrastructure safety management (RISM) directive, in order to guarantee a transparent, immediate and direct contribution to safety by citizens, Member States must 'establish a national system for the purpose of voluntary reporting, accessible online to all road users, to facilitate the collection of details of occurrences transmitted by road users and vehicles, and of any other safety-related information which is perceived by the reporter as an actual or potential hazard to road infrastructure safety’;
Amendment 138 #
2021/2014(INI)
Motion for a resolution
Paragraph 14 – subparagraph 1 (new)
Paragraph 14 – subparagraph 1 (new)
recommends that the renewal of driving licences, whatever their category, be granted after a compulsory period of theoretical and practical training has been undertaken, both in the classroom and on the road, to train and update users on the new rules, best practices and innovations in terms of road safety; calls on the Commission to encourage the Member States to provide for road safety lessons in schools in the presence of safe driving experts, associations and representatives of road safety sectors;
Amendment 148 #
2021/2014(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the COVID-19 pandemic has led to the expansion of the home delivery sector and specifically the use of vans, powered two-wheelers, scooters and bicycles; calls on the Commission to consider introducing a requirement for van drivers to undergo professional driver training and proposing a regulation on working hours and rest periods for van driversof vans and all other so-called micro-mobility vehicles to undergo prior professional training in road safety; calls on the Commission to assess the introduction of a recommendation on the safety of delivery personnel, including requirements for employers and companies to ensure the provision and use of safety equipment and safe vehicles;
Amendment 171 #
2021/2014(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the EU to pave the way for fruitful and practical training, awareness-raising and education activities relating to the highway code in schools, associations, foundations and companies specialising in road safety;
Amendment 172 #
2021/2014(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that external factors and emerging societal trends present unprecedentedfurther challenges to road safety under the EU strategy to 2030 and beyond; notes that the EU should pave the way for connected and automated vehicles to be rolled out in due time and should assess the possible risks of combining such vehicles with traditional vehicles in mixed traffic and vulnerable road users;
Amendment 177 #
2021/2014(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that there has been a sharp increase in ordinary and electric micro- mobility, which, however, is not adequately regulated at the national level;
Amendment 179 #
2021/2014(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Hopes that the use of connected and automated vehicles will yield good results in terms of safety;
Amendment 180 #
2021/2014(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Calls for greater attention to be paid to users with special mobility needs by providing them with sufficient safety standards and protection on both roads and pavements;
Amendment 207 #
2021/2014(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is of the view that in order to properly implement the next steps in the EU road safety policy under the overarching Sustainable and Smart Mobility Strategy, some new capacities are needed in the field of road safety, in particular with respect to the coordination, monitoring and evaluation functions and technical support for the overall strategy; calls on the Commission in this regard to explore options to further support safe road transport under an existing agency or another bodyto encourage greater cooperation between road agencies or authorities in the individual Member States by setting up public, common and compatible platforms for exchanging data, performance, updates and warnings, in order to further support safe road transport;
Amendment 569 #
2021/2013(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Emphasises that the term medical device means any instrument, device, item of equipment, software package, implant, reagent, material or other article intended by the manufacturer for use on human beings. If the medical device is to be used alone or in combination with other substances, the Commission is asked to refer to rule 21 in Annex VIII to Regulation 745/2017 on the classification of medical devices;
Amendment 21 #
2021/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that trade policy is not always gender neutral and that better collection of gender-disaggregated data, together with clear indicators, is needed to adequately assess the different impacts of trade policy on women and men, as well as a careful analysis of specific local sectors and contexts, in order to avoid replicating or exacerbating existing gender imbalances; reiterates its call for the EU and its Member States to include in ex ante and ex post impact assessments the country-specific and sector-specific gender impact of EU trade policy and agreements;
Amendment 28 #
2021/2003(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of cooperation activities aimed at improving women's access to education and skills development in the fields of business and management, science, technology, engineering and mathematics, and in other areas that could lead to fair pay and decent working conditions for women;
Amendment 46 #
2021/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with concern the persistent gender gap in digital access and digital skills; calls for the Commission and the Member States to support female entrepreneurs in acquiring the necessary skills through development cooperation and Aid for Trade; stresses that policies promoting female participation in science, technology, engineering and mathematics provide an opportunity for the European Union to establish itself in these sectors in which third countries are increasingly advancing, and to stimulate the economic recovery;1a _________________ 1a https://eige.europa.eu/sites/default/files/do cuments/2017.2082_mh0217177enn_pdfw eb_20170803123353.pdf
Amendment 55 #
2021/2003(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need to verify whether third-country operators participating in public tenders or procedures launched by the Union and Member States comply with EU law with regard to human rights, in particular as regards discrimination against women;
Amendment 57 #
2021/2003(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes with concern the difficulties that women face in many countries around the world in accessing education, professional training and, therefore, the world of work;
Amendment 60 #
2021/2003(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to ensure that sufficient resources are available to promote the core value ofa gender equality perspective in its trade and investment policies, through dialogue and an exchange of good practices with trade partners in order to create an environment in which women have access to decent work and genuinely equal pay, and to ensure that the secretariats of the EU institutions responsible for trade policy and negotiations have the knowledge and technical capacity to incorporate the gender perspective.
Amendment 66 #
2021/2003(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that in order to pursue the aim of promoting gender equality through trade policy, trade policy must ensure that women play a greater role in negotiating and implementing trade agreements;
Amendment 497 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated on-sitepredominantly generated or stored on-site, within the neighbourhood, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED] or, or renewable energy and waste heat from a district heating and cooling system, or distributed grid-based renewables, in accordance with the requirements set out in Annex III;
Amendment 561 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19 – introductory part
Article 2 – paragraph 1 – point 19 – introductory part
19. ‘deep renovation’ means a renovation which transforfocuses on the following essentials items: wall insulation, roof insulation, low floor insulation, airtightness, vapour permeability, treatment of thermal bridges, ventilation, and heating/cooling systems, and building or building unitautomation, which shall therefore ensure energy efficiency, healthy indoor environmental quality, a non-pathogenic environment, and the comfort of the occupants in summer and winter;
Amendment 1199 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Member States shall ensure the establishment of technical assistance facilities, including through all-inclusive one-stop- shops, targeting all actors involved in building renovations, including home owners and administrative, financial and economic actors, including construction, small- and medium-sized enterprises. Member States shall ensure the functioning of at least one one-stop- shop per region across the EU. The European Commission shall work closely with the European Investment Bank, Member States, and regions to ensure the continuity of funding for one-stop-shops throughout the duration of the Renovation Wave.
Amendment 1208 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Member States shall put in place measures and financing to promote education and training to ensure that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector with due regard to the gender dimension. These measures, which are essential for this process to be implemented in practice, should be supported by a stable economic assistance programme for micro and SMEs, so that they can be active players in the upcoming scenario. Member States shall prioritise the allocation of part of the European Social Fund to the upskilling of blue-collar workers in energy efficiency for the construction sector. Member States shall establish registries of their construction value-chain professionals, detailing the availability of skills and skilled professionals on the market. These registries shall be updated annually, and their data shall be publicly accessible.
Amendment 1275 #
2021/0426(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By 31 December 2025 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A shall correspond to zero-emission buildings as defined in Article 2, point (2) and the letter G shall correspond to the 15% worst-performing buildings in the national building stock at the timeMember States shall ensure a common visual identity for energy performance certificates ofn the introduction of the scale. Member Statesir territory. The Commission shall enissure that the remaining classes (B to F) have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure adetailed guidelines on energy performance certificates, including a template with common visual identity for energy perfand common logo, in accormdance certificates on their territorywith Annex V, to improve their quality and ensure the credibility and comparability of data across the Union.
Amendment 1356 #
2021/0426(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the necessary measures to establish regular inspections or maintenance of heating , ventilation and air conditioning systems with an effective rated output of over 730 kW. The effective rating of the system shall be based on the sum of the rated output of the heating and air-conditioning generators.
Amendment 1393 #
2021/0426(COD)
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. Member States shall ensure that trained and qualified building professionals carrying out integrated renovation works are available in sufficient numbers to meet the established targets and measurable progress indicators pursuant to Article 3(1) of this Directive. To achieve such sufficient numbers of professionals, Member States shall ensure that sufficient training programmes leading to qualification or certification covering integrated works, are made available. Member States shall put in place measures to promote participation in such programmes, in particular by micro, small and medium sized enterprises.
Amendment 1548 #
2021/0426(COD)
Proposal for a directive
Annex II – table – (b) Roadmap for 2030, 2040, 2050 – column 3 – row 8 a (new)
Annex II – table – (b) Roadmap for 2030, 2040, 2050 – column 3 – row 8 a (new)
Target for expected reduction in labour shortages: - job creation, based on a gap assessment between available and needed architects / engineers / skilled workers (e.g., electrical or photovoltaic installers) - percentage of women - average age
Amendment 250 #
2021/0420(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to achieve a high-quality and efficient transport infrastructure across all modes, the development of the trans- European transport network should take into account the security and safety of passengers and freight movements, the contribution to climate change and the impact of climate change and of potential natural hazards and human-made disasters on infrastructure and accessibility for all transport users, especially in regions that are particularly affected by the negative impacts of climate change. Particular consideration should be given to enhancing the resilience of critical infrastructure, especially with regards to geopolitical developments and disruptions of supply chains. The development of the TEN-T network should moreover take into account the EU-Ukraine solidarity lanes and the need to diversify energy supplies and to speed up the development of the alternative and renewable energy sector, including LNG, nuclear energy and energy supply chains.
Amendment 255 #
2021/0420(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) As signatories to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the European Union and all Member States are legally obliged to ensure that persons with disabilities have access, on an equal basis with others, to transport and the built environment (Article 9). Acknowledging that millions of persons with disabilities experience barriers to use transport, the European Commission has included the revision of the TEN-T Guidelines in its list of actions under aim 2. “Accessibility – an enabler of rights, autonomy and equality” of the Union Strategy for the Rights of Persons with Disabilities 2021-2030. With its Sustainable and Smart Mobility Strategy, the EU has also committed to “making mobility fair and just for all” (Flagship 9), including by improving accessibility for passengers with disabilities, noting that transport proposals under this Strategy must also be compliant with the Strategy for the Rights of Persons with Disabilities 2021-2030.
Amendment 267 #
2021/0420(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which Union expenditure should be consistent with Paris Agreement objectives and the "do no significant harm" principle, within the meaning of Article 17 of the Taxonomy Regulation17 , projects of common interest should be assessed in order to ensure that TEN-T policy is coherent with transport, environmental and climate policy objectives of the Union. Member States and other project promoters should carry out environmental assessments of plans and projects which should include the “do no significant harm” assessment based on the latest available guidance and best practice. In cases that the implementation of a project of common interest entails a significant harm to an environmental or climate objective, reasonable alternatives should be considered. Projects which have been assessed and selected for co-funding under the Connecting Europe Facility should be considered as EU Taxonomy conform. __________________ 17 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 (Text with EEA relevance) (OJ L 198, 22.6.2020, p. 13).
Amendment 276 #
2021/0420(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The definition of the trans- European transport network should be based on a common and transparent methodology and should represent the highest level of infrastructure planning within the Union. It should be multimodal, that is to say it should include all transport modes and their connections as well as relevant traffic and travel information management systems, and also include local transport modes related to the morphology of the area, such as cableway or lake transport.
Amendment 281 #
2021/0420(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The comprehensive network should be sufficiently equipped with alternative fuels infrastructure in order to ensure that it effectively supports the transition to low- carbon and zero- emission mobility, in line with the milestones set in the Sustainable and Smart Mobility Strategy.
Amendment 299 #
2021/0420(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Exemptions from the infrastructure requirements applicable to the core, extended core and comprehensive network should be possible only in duly justified cases and subject to certain conditions. This should include cases where investment cannot be justified, or where there are specific geographic or significant physical constraints, for example in outermost regions and other remote, insular, peripheral and mountainous regions or in sparsely populated areas, without creating prejudice to the interoperability across the network, or for isolated or partially isolated networks.
Amendment 325 #
2021/0420(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) Whenever projects of common interest meet European added value by increasing sustainability, cohesion, efficiency or users’ needs, The Commission should assist the Member States in providing financial support to ensure infrastructure optimization, maintenance, consolidation and upgrading.
Amendment 345 #
2021/0420(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To achieve transformation of the transport sector into a truly multimodal system of sustainable and smart mobility services, the Union should build a high quality transport network with rail services meeting minimum line speed. Competitive passenger rail has a high potential for the decarbonisation of transport. There is the need to develop a coherent and interoperable European high speed rail network linking its capitals and major cities. Complementing existing high speed lines with passenger lines at a minimum line speed of 160 km/h should in return lead to network effects, a more coherent network and an increased number of passengers travelling by rail. The completion of a high-performance network will also facilitatencourage the development and introduction of new or differentand improved models of capacity allocation, for example interval- service timetables and short-term ad hoc allocation, enabled by the Timetable Redesign (TTR) initiative.
Amendment 354 #
2021/0420(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) A more sustainable, resilient and reliable rail freight network across Europe should be established to contribute to the competitiveness of multimodal and combined transport. The infrastructure for combined railway transport and of terminals should be upgraded to ensure that intermodal transport is primarily done by rail, inland waterways or short-sea shipping and that any initial and/or final legs carried out by road are as short as possible.
Amendment 357 #
2021/0420(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Given the fact that the deployment of the European Rail Traffic Management System (ERTMS) in Europe is accelerating, and, both on board and track side equipment, in Europe is in need of acceleration, whilst recognizing that several Member States have already adopted plans to deploy ERTMS on their entire national rail networks by 2040, there is a need to take account of this paradigm shiftslow progress to date and set a more ambitious ERTMS deployment deadlinestrategy for the comprehensive network covering trackside and on board deployment.
Amendment 365 #
2021/0420(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) ERTMS should be deployed in a continuous and synchronised manner not only on the core network, extended core network and comprehensive network, including in the urban nodes, but also on access routes to multimodal terminals. This will enable operations with ERTMS only and boost the business case of railway undertakings.
Amendment 369 #
2021/0420(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) The extended and enhanced infrastructure requirements for transport, and rail in particular, require proportionate and sufficient investments, also beyond the multiannual financing framework of 2021-2027. Further generations of Connecting Europe Facility shall address these needs.
Amendment 373 #
2021/0420(COD)
Proposal for a regulation
Recital 42 b (new)
Recital 42 b (new)
(42b) Taking into account the considerable costs for the completion of the TEN-T, other sources of co-funding should be available, including Recovery and Resilience Facility, Cohesion Fund, European Regional Development Fund, Horizon Europe and European Structural, Investment Funds as well as Emissions Trading System (ETS). National Funds are key in ensuring the timely completion of TEN-T. Each Funding Programme should clearly prioritise its financing objectives.
Amendment 374 #
2021/0420(COD)
Proposal for a regulation
Recital 42 c (new)
Recital 42 c (new)
(42c) Whereas the Smart and Sustainable Mobility Strategy sets ambitious targets in terms of high speed network [doubling high-speed rail traffic volume by 2030 and tripling it by 2050], the TEN-T Regulation should focus among others on ensuring the rail high- speed connectivity between capitals and major cities of Europe.
Amendment 381 #
2021/0420(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) While the European Coordinator for ERTMS in close collaboration with national entities should facilitate and promote ERTMS governance ensuring the timely and harmonised deployment, including governing funding, National Implementation Plans (NIP) planning, resourcing, market uptake, migration and transition of systems, European Climate, Infrastructure and Environment Executive Agency (CINEA) should ensure coherence and consistency in ERTMS deployment and funding taking into account the advice of the European Union Agency for Railways that remains the system authority for ERTMS development.
Amendment 386 #
2021/0420(COD)
Proposal for a regulation
Recital 44 b (new)
Recital 44 b (new)
(44b) ERTMS deployment , trackside and on board, should be fully funded in order to incentivise ambitious ERTMS deployment strategies in the Member States and reach in a reasonable time the system benefits that ERTMS can bring.
Amendment 387 #
2021/0420(COD)
Proposal for a regulation
Recital 44 c (new)
Recital 44 c (new)
(44c) Passengers should have a seamless user experience when searching, selecting and buying their railway services. In order to achieve seamless ticketing, sector-based solutions should be supported and considered as the starting point when improving multimodal ticketing, CER Ticketing Roadmap as an example.
Amendment 399 #
2021/0420(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Being the entry and exit points for the land infrastructure of the trans- European transport network, maritime ports play an important role as cross-border multimodal nodes which serve not only as transport hubs, but also as gateways for trade, industrial clusters and energy hubs, for example with regard to the deployment of off-shore wind installations. Given the strategic role of ports for resilient supply chains, for the diversification of energy supply and for energy security, its importance for the respective Member State, in terms of cohesion, geopolitical position, energy transition and added- value to the region, should be considered in addition to traffic volumes for the inclusion in the TEN-T network;
Amendment 407 #
2021/0420(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) Maritime ports play a key role in the import, export, storage, distribution and production of energy. Synergies between TEN-T and TEN-E should be maximised to ensure the coherence and comprehensiveness of the networks. The importance of maritime ports for energy security, energy supply and distribution should be considered when assessing their role for the TEN-T network;
Amendment 456 #
2021/0420(COD)
Proposal for a regulation
Recital 59 a (new)
Recital 59 a (new)
(59a) The TEN-T Core Network should remain the backbone for the deployment of LNG infrastructure, and progressively for liquefied biomethane (bio-LNG), as it covers the main traffic flows and allows cross border connectivity throughout the Union. Member States should make sure that public refuelling facilities are set up, at least along the existing TEN-T Core Network, within adequate distances taking into account the minimum range of (bio- )LNG heavy-duty motor vehicles and vessels, while developing national networks for the supply of (bio-)LNG to those vehicles and vessels.
Amendment 460 #
2021/0420(COD)
Proposal for a regulation
Recital 59 b (new)
Recital 59 b (new)
(59b) In the heavy-duty road transport sector, multiple solutions will be needed to cover different market needs and transport scenarios. While electrification is one of the future applications to abate emissions in the long term, more developed renewable alternatives must be used to cover long-haulage transport needs. LNG technology is mature and the fleet running on bio-LNG is expected to significantly grow in the near future. Additionally, bio-LNG can be easily transported, stored, and directly injected into the LNG refuelling infrastructure present throughout the TEN-T network with little to no modification.
Amendment 463 #
2021/0420(COD)
Proposal for a regulation
Recital 59 c (new)
Recital 59 c (new)
(59c) As there is currently no economically viable zero-emission powertrain technology available, a variety of fuels and propulsion systems will be needed for the decarbonisation of the maritime industry. With an always growing LNG fleet in operation, LNG, and progressively bio-LNG, is likely to play a continued role in maritime transport, where LNG offers immediate local emissions improvements and GHG reductions, enabling the shipping industry to start immediately its transition to carbon neutrality.
Amendment 470 #
2021/0420(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) Taking stock of the experience with regard to the crisis management during the Covid-19 pandemic25 and in order to avoid traffic disruptions and contingencies in future, Member States should take into account the security and resilience of the transport infrastructure to climate change, natural hazards, human-made disasters and other disruptions affecting the functioning of the Union transport system, when planning infrastructure. To that aim, other criteria beyond traffic volumes should be considered and the European Transport Corridors should also include important diversionary lines which can be used in case of congestion or other problems on the principal routes. In addition, due to their multimodal nature, one mode can substitute the other in case of emergencies. __________________ 25 Communication on the implementation of the Green Lanes under the Guidelines for border management measures to protect health and ensure the availability of goods and essential services; C(2020)1897 final (OJ C 96 I, 24.3.2020, p. 1) and Communication of 28 October 2020 from the Commission to the European Parliament, the European Council and the Council on “upgrading the transport Green Lanes to keep the economy going during the COVID-19 pandemic resurgence”; COM(2020)685 final.
Amendment 474 #
2021/0420(COD)
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62a) In light of Russia’s aggression against Ukraine, and the subsequent world’s energy system disruption, Member States should take into account EU energy security and independence, and other possible disruptions affecting the functioning of the Union and of its transport system, when planning infrastructure. To that aim, Member States should promote and preserve the EU strategic autonomy in the energy sector by implementing policies that support the power sources produced and technologies developed in the EU, all activities creating jobs in the internal market.
Amendment 490 #
2021/0420(COD)
Proposal for a regulation
Recital 67 a (new)
Recital 67 a (new)
(67a) In the context of this structured dialogue, and in the absence of viable logistical and modal alternatives, the Commission should take measures to deter Member States from engaging in unilateral cross border restrictions along the Corridors, to avoid hindering cross- border transit of persons, services or goods.
Amendment 496 #
2021/0420(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Rail passenger services should become a more attractive option for longer-distance journeys and rail high speed services have proven in many European countries their attractiveness. While being easier to use and 15 times more energy efficient, high-speed rail services are superior in terms of duration, convenience and comfort of traveling, up to distances of 1200 km versus other modes of transport. The European distances are particularly suitable to this mode of transport and most EU Capitals, major cities and metropolitan areas could be interconnected thanks to high speed. However, the current European network is fragmented and mainly made up of “national high-speed islands” and there is an urgent need to develop a EU High- Speed Network with a larger number of connections between all EU Capitals, major cities and metropolitan areas. This is vital to reach the objective of the Sustainable and Smart Mobility Strategy which aims to double High Speed rail traffic by 2030 and triple by 2050. The advantages of high-speed rail versus other transport modes are as follows: 1. transport capacity : high-capacity transport capable of covering long distances, 2. energy consumption : extremely low energy consumption per passenger, 3. emissions : extremely low emission footprint in case of electric traction, 4. Permanent noise pollution : significantly better parameters than road and aviation transport, 5. infrastructure spatial requirements :significantly lower space demand (per transported volume) than road transport,6. travel comfort : being able to provide a very high standard, 7. travel time: up to 1200 km, High Speed Rail can successfully compete with air transport,8. Safety: high-speed rail is one of the safest modes to travel.
Amendment 500 #
2021/0420(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Taking into account the Union Action Plan on Military Mobility of March 201827 the Commission should assess the need to adapt the trans-European transport network to reflect the military use of the infrastructure. Based on the gap analysis between the trans-European transport network and the military requirements28 additional roads and railways and maritime infrastructure should be included in the trans-European network to enhance the synergies between civilian and military transport networks. __________________ 27 Joint Communication to the European Parliament and the Council on the Action Plan on Military Mobility (JOIN(2018)05 final). 28 Joint Staff Working Document on the updated Gap Analysis between the military requirements and the trans-European transport network requirements, 17 July 2020, (SWD(2020) 144 final).
Amendment 533 #
2021/0420(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Regulation identifies projects of common interest and specifies the requirements to be complied with for the development and implementation of the infrastructure of the trans-European transport network.
Amendment 534 #
2021/0420(COD)
Proposal for a regulation
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. This Regulation provides for measures for the implementation of the trans-European transport network. The implementation of projects of common interest depends on their degree of maturity, the compliance with Union and national legal procedures, and the availability of financial resources, without prejudging the financial commitment of a Member State or of the Union.
Amendment 537 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) ‘upgrade’ means activities that have to be taken in order for the infrastructure to meet the customers’ needs;
Amendment 554 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) 'urban node' means an urban area where elements of the transport infrastructure of the trans-European transport network, such as ports including passenger terminals, airports, railway stations, bus terminals, logistic platforms and facilities, train turnaround terminals and freight terminals, located in and around the urban area, are connected with other elements of that infrastructure and with the infrastructure for regional and local traffic;
Amendment 569 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) 'multimodal freight terminalhub' means a structure equipped for transhipment between at least two transport modes, that allows for the performance of 'multimodal transport’ defined in Article 3, point (n) of Regulation (EU) No 1315/2013, or between two different rail systems, and for temporary storage of freight, such as terminals in inland or maritime ports, along inland waterways, in airports as well as rail road terminals, including multimodal logistics platforms as referred to in Regulation (EU) 2021/1153;
Amendment 591 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point w
Article 3 – paragraph 1 – point w
(w) 'European Rail Traffic Management System' (ERTMS) means the system defined in the Annex, point 2.2, to the Commission Regulation (EU) 2016/91938 ;. In addition, whenever ERTMS is mentioned in the context of implementation deadlines, then ERTMS refers to the two existing ERTMS parts ETCS and GSM-R/GPRS/FRMCS. __________________ 38 Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1).
Amendment 598 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point x
Article 3 – paragraph 1 – point x
(x) 'radio-based ERTMS’ means ERTMS of level 2 or level 3 that uses radio to pass movement authe radio based train control system ETCS application level 2 or level 3 that can be used with/without a class B system and with orities to the without lineside signals and uses radio (GSM-R/GPRS/FRMCS) to pass all safety and non-safety related data exchange between track & train pursuant to Commission Regulation (EU) 2016/91939;. __________________ 39 Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.62016, p.1).
Amendment 600 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point x a (new)
Article 3 – paragraph 1 – point x a (new)
(xa) Rail passenger transport is the type of rail transport whose principal purpose of the service is to carry passengers between stations, and if it is international, between stations located in different Member States and/or third countries; the train may be joined and/or split, and the different sections may have different origins and destinations. For rail passenger transport to be international, all or part of the coaches have to cross at least one border;.
Amendment 601 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point x b (new)
Article 3 – paragraph 1 – point x b (new)
(xb) Rail freight transport is the type of rail transport whose principal purpose of the service is to transport cargo. International rail freight transport crosses at least one border of a Member State; this train may be joined and/or split and the different sections may have different origins and destinations, provided that the whole train or part of the train crosses at least one border;
Amendment 605 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point z
Article 3 – paragraph 1 – point z
(z) ‘maritime port’ means an area of land and water made up of such infrastructure and equipment so as to permit, principally, the reception of waterbornesea- going vessels, their loading and unloading, the storage of goods, the receipt and delivery of those goods and the embarkation and disembarkation of passengers, crew and other persons and any other infrastructure necessary for transport operators within the port area;
Amendment 608 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point z a (new)
Article 3 – paragraph 1 – point z a (new)
(za) ‘managing body of the port’ means any public or private body which, under national law or instruments, has the objective of carrying out, or is empowered to carry out, at a local level, whether in conjunction with other activities or not, the administration and management, building, management and maintenance of the port infrastructure and one or more of the following tasks in the port concerned: the coordination of port traffic, the management of port traffic, the coordination of the activities of the operators present in the port concerned, and the control of the activities of the operators present in the port concerned;
Amendment 609 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point z b (new)
Article 3 – paragraph 1 – point z b (new)
(zb) ‘port infrastructure’ means infrastructure and facilities for the provision of transport related port services, for example berths used for the mooring of ships, quay walls, jetties and floating pontoon ramps in tidal areas, internal basins, backfills and land reclamation, alternative fuel infrastructure and infrastructure for the collection of ship-generated waste and cargo residues;
Amendment 610 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point z c (new)
Article 3 – paragraph 1 – point z c (new)
(zc) ‘port superstructure’ means surface arrangements (such as for storage), fixed equipment (such as warehouses and terminal buildings) as well as mobile equipment (such as cranes) located in a port for the provision of transport related port services;
Amendment 619 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a k
Article 3 – paragraph 1 – point a k
(ak) 'socio-economic cost-benefit analysis' means a quantified ex-ante evaluation, based on a recognised methodology, of the value of a project, taking into account all the relevant social, economic, climate-related and environmental benefits and costs as well as potential disruptions caused by the project. The analysis of climate-related and environmental costs and benefits shall be based on the environmental impact assessment carried out pursuant to Directive 2011/92/EU of the European Parliament and of the Council46 ; __________________ 46 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2002, p. 1).
Amendment 632 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point ii
Article 4 – paragraph 2 – point a – point ii
(ii) enabling greater use of more sustainable modes of transport, including by but not limited to further developing a long-distance rail passenger network at high speed and a fully interoperable rail freight network, a reliable inland waterway, lakes, and short-sea shipping for passengers and freight network across the Union;
Amendment 673 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c – point vii a (new)
Article 4 – paragraph 2 – point c – point vii a (new)
(viia) greater coordination on infrastructure works between Member States.
Amendment 684 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point vi
Article 4 – paragraph 2 – point d – point vi
(vi) offering alternative transport solutions and capacity, including on other modes, in case of network disturbances.
Amendment 694 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the deployment of alternative fuels recharging and refuelling infrastructure; easily accessible to users and, with regard to recharging infrastructure, capable of providing smart charging and V2G service. Transmission and distribution system operators shall have an active role in the recharge infrastructure planning, among others in terms of power and technologies to be installed, pools location and connectivity requirements;
Amendment 696 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) the development of new infrastructure for the deployment of green vectors following the new scientific findings on the decarbonisation potential of alternative fuels, taking into account their life cycle analysis.
Amendment 698 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) the taking into account of possible synergies with other networks, including active modes, and in particular the trans- European energy or telecommunication networks and the whole electric grid . Transmission and distribution system operators shall ensure consistency between the recharge infrastructure planning and the respective grid planning;
Amendment 709 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) the adequate consideration of the resilience of the transport network and its infrastructure with regard to a changing climate as well as natural hazards and human-made disasters, as well as intentional disruptions with a view to addressing those challenges. Particular consideration should be given to critical infrastructure, in order to ensure supply in times of disruptions;
Amendment 718 #
2021/0420(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The comprehensive network shall consist of all existing and planned transport infrastructures of the trans-European transport network as well as measures promoting the efficient and socially and environmentally sustainable use of such infrastructure, outlined in Article 5, paragraph 1.
Amendment 734 #
2021/0420(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Member States will take all necessary actions so that projects continue to benefit from the upgrading of the existing infrastructure so as to ensure sufficient capacity and sustainable utilization to meet customers’ needs. Any decision of a Member State aiming at discontinuing investment or at downsizing an existing infrastructure, shall be based on a thorough and extensive socio- economic cost-benefit analysis, justifying that there is no more market demand for that infrastructure.
Amendment 736 #
2021/0420(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Commission may requirecommend to Member States by means of an implementing act to establish a single entity for the construction and management of cross-border infrastructure projects of common interest. The relevant European Coordinator shall have the status of observer in the management or supervisory board or in both of that single entity.
Amendment 754 #
2021/0420(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(ha) Facilitate railway transport with third countries, such as Western Balkans, Eastern Partnership, Candidate countries, EEA countries, Switzerland and other third countries.
Amendment 761 #
2021/0420(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point d a (new)
Article 10 – paragraph 1 – point d a (new)
(da) (e) take into account the physical limitations and topographical particularities of Member States' transport infrastructures, as identified in the technical specifications for interoperability (TSIs).
Amendment 780 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e
Article 12 – paragraph 1 – point e
(e) deploying the necessary infrastructure which ensures a seamless circulation of low-carbon and zero- emission vehicles;
Amendment 782 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) promoting the efficient and sustainable use of the infrastructure and, where necessary, increasing capacity; as well as ensuring that following the integration of ETCs and RFCs, sufficient capacity for rail passenger and freight is reserved on the corridors.
Amendment 785 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) keeping existing infrastructure operational and improving or maintainoptimizing, maintaining, consolidating and upgrading its quality in terms of safety, security, efficiency of the transport system and transport operations, climate and disaster resilience, environmental performance, and the continuity of traffic flows;
Amendment 793 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point i a (new)
Article 12 – paragraph 1 – point i a (new)
(ia) Constructing new infrastructure, notably to increase capacity for more sustainable modes of transport in accordance with this Article, paragraph 1 (a).
Amendment 811 #
2021/0420(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the development of a high performance rail passenger network, fully interoperable and at high speed, connecting urban nodes across the Union and especially at a high speed all capitals and major cities, with the exception of networks that are isolated from the rest of the Union rail system;
Amendment 826 #
2021/0420(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Connecting all Union Capitals By ... [date six months after the entry into force of this Regulation], the Commission shall complete a study on connecting all Union Capitals, chosen major cities and metropolitan areas with a railway high speed line network. The study shall be developed in cooperation with the Member States which will consult with stakeholders, and especially railway infrastructure managers. The study shall identify the financial instruments to finance the construction of the network. The conclusions of the study shall become the basis for the Member States to develop a European high speed network.
Amendment 828 #
2021/0420(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a – introductory part
Article 14 – paragraph 1 – point a – introductory part
(a) railway lines, both high speed and conventional, including:
Amendment 830 #
2021/0420(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a – point vi a (new)
Article 14 – paragraph 1 – point a – point vi a (new)
(via) railway ferry lines;
Amendment 848 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) enables, without special permission, an axle load of at least 22.5 tons;
Amendment 854 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d – point i
Article 15 – paragraph 2 – point d – point i
(i) on double track lines, at least 50% of the available train paths for freight trains, and not less than two train paths per hour and direction on average, can be allocated to freight trains with a length of at least 740 m;
Amendment 858 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d – point ii
Article 15 – paragraph 2 – point d – point ii
(ii) on single track lines, at least one train path per two hourshour on average and direction can be allocated to freight trains with a length of at least 740 m;
Amendment 864 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point e
Article 15 – paragraph 2 – point e
(e) provides a standard of at least P400 on a list of predefined international rail freight routes of the TEN-T network suitable to upgrade, established by the Member States upon consultation with the European Commission, the rail freight corridors and all rail operators in accordance with item 1.1.1.1.3.5 of Table 1 in the Annex to Commission Implementing Regulation (EU) 2019/77757 , without any additional requirement for special permission to operate services.; __________________ 57 Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU (OJ L 139I, 27.5.2019, p. 312).
Amendment 876 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) at the request of a Member State, in duly justified cases, other exemptions may be granted by the Commission by means of implementing acts in respect of the requirements referred to in paragraph 2. Any request for exemption shall be based on a socio-economic cost-benefit analysis that takes national transport infrastructure planning and especially a European corridor perspective into consideration, as well as and an assessment of the impact on interoperability. An exemption shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council58 , be coordinated and agreed with the neighbouring Member State(s) where applicable. __________________ 58 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).
Amendment 882 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
(a) meets the requirements set out in Article 15(2), points (a) to (ec), and of a prevailing minimum operational line speed of 100 km/h for freight trains on the freight lines of the extended core network;
Amendment 884 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point a a (new)
Article 16 – paragraph 2 – point a a (new)
Amendment 885 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point a b (new)
Article 16 – paragraph 2 – point a b (new)
Amendment 886 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point a c (new)
Article 16 – paragraph 2 – point a c (new)
Amendment 887 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(b) meets the requirements set out in Article 15(2), points (a) and (b), on the passenger lines of the extended core network; Or. en Justification
Amendment 889 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 1
Article 16 – paragraph 2 – point c – paragraph 1
allows for a prevailing minimum operational line speed of 160 km/h for passenger trains on the passenger lines of the extended core network;, provided that there is a market need, and that the increase is not reducing the overall rail freight and rail passenger capacity. Special lines’ features as a result of topographical, relief or town- planning constraints, on which the speed must be adapted, should be taken into account.
Amendment 892 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 1
Article 16 – paragraph 2 – point c – paragraph 1
(c) allows for a prevailing minimum line speed of 160 km/h for passenger trains on the passenger lines of the extended core network; for the 75% of the length of the rail section of the extended core network, identified as link between an urban node and a passenger hub or cross-border point; Or. en Justification
Amendment 896 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 2
Article 16 – paragraph 2 – point c – paragraph 2
When constructing or upgrading a passenger line of the extended core network or sections thereof, Member States shall perform a study to analyse the feasibility and economic relevance of higher speeds, including its impact on existing and planned freight traffic capacity, and build or upgrade the line to such higher speed where its feasibility and economic relevance are demonstrated and does not impact negatively on rail freight traffic.
Amendment 900 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
(a) meets the requirements set out in Article 156(2), points (a) to (d), and ofallow for a prevailing minimum operational line speed of 100 km/h for freight trains on the freight lines of the core network identified as link between an urban node and a multimodal freight terminal or cross-border point, a design line speed in the order;
Amendment 920 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 5 a (new)
Article 16 – paragraph 5 a (new)
5a. To comply with enhanced and new infrastructure requirements, notably with Article 15, paragraph 2 (e), Article 16, paragraph 2 (c), 4 (a) and 4(b), EU funding shall be sufficient to ensure their timely implementation.
Amendment 936 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) ERTMS is equipped, whilst a synchronised and harmonised ERTMS deployment of tracksides and onboards is ensured;
Amendment 944 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) class B systems are decommissioned, unless technically required by the infrastructure managers in exceptional and justified cases while guaranteeing interoperability through ERTMS deployment in line with the timeline.
Amendment 961 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Member States shall ensure that on the railway infrastructure of the core network, the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), as of 31 December 2025, in case of construction of a new line or upgrade of the signalling train protection part of a CCS subsystem being in service, when the upgrading changes the functions or the performance of the subsystem, radio-based ERTMS is being deployed.
Amendment 970 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. At the request of a Member State, only in duly justified cases, exemptions may be granted by the Commission by means of implementing acts in respect of requirements referred to in paragraphs 1 to 5. Any request for exemption shall be based on a socio-economic cost-benefit analysis and an assessment of the impact on interoperability, on track capacity as well as the railway sector’s implementation capacity and the Railway Supply Industry Readiness Level. An exemption shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council59 , be coordinated and agreed with the neighbouring Member State(s) where applicable. The exemptions granted by the Commission shall take duly consider the deployment progress along the whole Network and shall not endanger the deployment with the deadlines set. The exemptions shall duly consider the necessary operational maintenance. The exemptions shall also reflect the availability of national and European fundings. __________________ 59 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).
Amendment 981 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6a. Member States should timely inform the concerned parts about ERTMS deployment before the ETCS trackside deployment and before the decommissioning of class B systems. A shorter period is allowed if this is agreed between the IMs and the concerned actors and duly notified to the Member State through the ERTMS National Implementation Plan aiming at ensuring the synchronised and harmonised trackside/on-board ERTMS national deployment.
Amendment 987 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 6 b (new)
Article 17 – paragraph 6 b (new)
6b. The European Commission shall ensure regulatory alignment of this Regulation and the Technical Specifications for Interoperability (TSI CCS and TSI INF) implying the alignment of provisions as well as the effective implementation.
Amendment 1000 #
2021/0420(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that, by 31 December 2030, the quality of services provided by infrastructure managers to, railway undertakings, and terminal operators technical and operational requirements for infrastructure use and procedures related to border controls shall do not prevent the operational performance of rail freight services along the rail freight lines of the European Transport Corridors from meeting the following target values:
Amendment 1012 #
2021/0420(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The European Commission, in close cooperation with all the rail stakeholders, shall ensure that a digital capacity management system, which enables passenger and freight operators to book a cross-border train path, will be developed by31.12.2025. Member States shall fully deploy the system on the European Transport Corridors, core and extended core networks by 31.12.2027.
Amendment 1016 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) mitigating the impact of noise and vibration caused by rail transport, in particular through measures for rolling stock and for infrastructure, including noise protection barriers provided that there is a cost-benefit analysis; noise should be treated at a system level ;
Amendment 1023 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
Article 19 – paragraph 1 – point b a (new)
(ba) upgrading relevant parts of the port rail networks to enable seamless rail freight operations;
Amendment 1028 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) As a long term perspective, subject to socio-economic costs and benefits analysis, developing of infrastructure for train length above 740 m and up to 1500 m and 25.0 t axle load when constructing and modernising railway lines relevant for freight traffic; and should be also backed by possibilities of European funding.
Amendment 1030 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point e
Article 19 – paragraph 1 – point e
(e) developing and deploying innovative technologies for railways, building in particular on the work of the Shift2Rail and Europe’s Rail Joint Undertakings, notably automatic train operation, advanced traffic management, and digital connectivity for passengers and freight based on ERTMS and digital automatic couplings as well as 5G connectivity; the development of Digital Capacity Management in both hardware and software applications should be supported.
Amendment 1043 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point g
Article 19 – paragraph 1 – point g
(g) developing innovative alternative fuels technologies for railways, such as hydrogen, with the condition of an economically viable business case for sections that are exempted from the electrification requirement.
Amendment 1049 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
Gradual introduction of innovative technologies including FRMCS infrastructure at least on the Core and Extended Core Networks.
Amendment 1119 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point k a (new)
Article 24 – paragraph 3 – point k a (new)
(ka) pipelines inside the port area used for the transport of energy sources and other liquid or gaseous products;
Amendment 1133 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 – point d a (new)
Article 24 – paragraph 4 – point d a (new)
(da) it is a critical node for the supply of energy in the EU and is instrumental to reach the ambitions of REPowerEU; it is facilitating the operations and maintenance of installations generating more than 1000 MW alternative and/or renewable energy or enabling a substantial share (at least 10%) of the national alternative and/or renewable energy production;
Amendment 1138 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 – point d b (new)
Article 24 – paragraph 4 – point d b (new)
(db) it is of geopolitical strategic importance and part of national strategic plans in terms of emergency supply chains, military mobility or energy security.
Amendment 1148 #
2021/0420(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) alternative fuels infrastructure is deployed by the managing bodies of the port in maritime ports of the comprehensive network in full compliance with the requirements of Regulation (EU) […] [on the deployment of alternative fuels infrastructure];
Amendment 1149 #
2021/0420(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) maritime ports of the comprehensive network are equipped by the managing bodies of the port with the necessary infrastructure to improve the environmental performance of ships in ports, among others reception facilities for the delivery of waste from ships in accordance with Directive (EU) 2019/883 of the European Parliament and of the Council61 ; __________________ 61 Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).
Amendment 1152 #
2021/0420(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point d a (new)
Article 25 – paragraph 1 – point d a (new)
(da) Maritime ports of the comprehensive network continue to benefit from the maintenance and upgrading of the existing infrastructure so as to ensure sufficient capacity and sustainable utilisation to meet customers’ needs.
Amendment 1156 #
2021/0420(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
(a) the managing bodies of the port connect the maritime ports of the comprehensive network will be connected with the rail and road infrastructure and, where possible, inland waterways, except where specific geographic or significant physical constraints prevent such connection;
Amendment 1157 #
2021/0420(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
Amendment 1169 #
2021/0420(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) construction, maintenance or upgrading basic port infrastructure, such as internal basins, alternative fuels infrastructure, quay walls, berths, jetties, docks, dykes, backfills and land reclamation;
Amendment 1178 #
2021/0420(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point g
Article 27 – paragraph 1 – point g
(g) promoting zero and low emission vessels serving and operating short-sea shipping links, and developing measures to improve the environmental performance of maritime transport for port call orand supply chain optimisation in accordance with the applicable requirements under Union law or relevant international agreements.
Amendment 1182 #
2021/0420(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point g a (new)
Article 27 – paragraph 1 – point g a (new)
(ga) promoting ferry transport as a sustainable mode of passenger transport, including in urban nodes, where applicable;
Amendment 1274 #
2021/0420(COD)
Proposal for a regulation
Chapter III – Section 6 – title
Chapter III – Section 6 – title
Amendment 1277 #
2021/0420(COD)
Proposal for a regulation
Article 35 – title
Article 35 – title
Identification of the multimodal freight terminalhubs
Amendment 1279 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The multimodal freight terminals hubs of the trans-European transport network are - among others - composed of terminals that are:
Amendment 1282 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Member States shall ensure that there is sufficient multimodal freight terminalhub capacity serving the trans- European transport network, meeting current and future traffic flows, in particular flows serving urban nodes, industrial centres, ports and logistics hubs.
Amendment 1283 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 1 – introductory part
Article 35 – paragraph 3 – subparagraph 1 – introductory part
Within two years after the entry into force of this Regulation, Member States shall conduct a market and prospective analysis on multimodal freight terminalhubs on their territory. This analysis shall at least:
Amendment 1285 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 1 – point b
Article 35 – paragraph 3 – subparagraph 1 – point b
(b) identify the existing multimodal freight terminalhubs of the trans-European transport network on their territory, and assess the need for new multimodal freight terminalhubs or additional transhipment capacity in existing terminals;
Amendment 1286 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 1 – point c
Article 35 – paragraph 3 – subparagraph 1 – point c
(c) analyse how to ensure adequate distribution of multimodal freight terminalhubs with adequate transhipment capacity in order to meet the needs identified in point (b). This shall take into account the terminalhubs located in border areas of neighbouring Member States.
Amendment 1293 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 2
Article 35 – paragraph 3 – subparagraph 2
Member States shall consult shippers, port managing bodies, transport and logistics operators which operate on their territory. They shall take into account the results of the consultation in their analysis.
Amendment 1296 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. On the basis of the analysis under paragraph 3, Member States shall elaborate an action plan for the development of a multimodal freight terminalhub network. The results of the analysis and the action plan shall be submitted to the Commission no later than six months after finalising the analysis, together with a list of rail road terminals which the Member State proposes to add in Annexes I and II.
Amendment 1297 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 5 – introductory part
Article 35 – paragraph 5 – introductory part
5. A rail road terminalhub shall be part of the trans-European transport network and listed in Annexes I and II where at least one of the following conditions is met:
Amendment 1298 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 5 – point b
Article 35 – paragraph 5 – point b
(b) it is the main rail road terminalhub designated by the Member State for a NUTS 2 region, where there is no rail road terminal complying with point (a) in that NUTS 2 region,
Amendment 1299 #
2021/0420(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
Multimodal freight terminalhubs shall comprise, in particular:
Amendment 1300 #
2021/0420(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) equipment such as cranes, conveyors or other transhipment devices to move freight between different transport modes or different systems and for the positioning and storage of freight;
Amendment 1301 #
2021/0420(COD)
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Member States shall ensure in a fair and non-discriminatory manner that multimodal freight terminalhubs referred to in Article 35(1):
Amendment 1304 #
2021/0420(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) after assessment and identification of the specific suitability for new technical features, identified and available terminals are equipped with at least one recharging station as defined in Article 2, point (43), of Regulation (EU) […] [on the deployment of alternative fuels infrastructure] dedicated to serve heavy- duty vehicles, by 31 December 2030;
Amendment 1306 #
2021/0420(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c – point i
Article 37 – paragraph 1 – point c – point i
Amendment 1307 #
2021/0420(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c – point ii
Article 37 – paragraph 1 – point c – point ii
(ii) the provision of information flows within a terminal and between the transport modes along the logistic chain and the terminal operator.
Amendment 1309 #
2021/0420(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Member States shall ensure in a fair and non-discriminatory manner that multimodal freight terminalhubs referred to in Article 35(1) and which are connected to the rail network, by 31 December 2030, are able to handle all types of intermodal loading units if they are classified as intermodal terminals and if they carry out vertical transhipment.
Amendment 1329 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point b – point i
Article 40 – paragraph 1 – point b – point i
(i) adoption and publication of a sustainable urban mobility plan (SUMP), in line with Annex V that and includes notably measures to integrate the different modes of transport, to promote efficient zero-emission mobility including sustainable and zero-emission urban logistics with the definition, among others, of minimum targets for charging infrastructure development involving electricity transmission and distribution system operators, to reduce air and noise pollution and that takes long- distance trans-European transport flows into consideration;
Amendment 1355 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point d
Article 40 – paragraph 1 – point d
(d) by 31 December 2040: the development of at least one multimodal freight terminalhub allowing for sufficient transhipment capacity within or in the vicinity of the urban node. However, if a hub has sufficient capacity then it shall be possible for it to serve more than one urban node.
Amendment 1370 #
2021/0420(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. ICT systems for transport shall be such as to enable capacity and traffic management and the exchange of information, where economically and technically feasible, within and between transport modes for multimodal transport operations and value-added transport- related services, improvements in resilience, safety, security, congestion and operational and environmental performance, and simplified administrative procedures. ICT systems for transport shall also facilitate seamless connection between infrastructure and mobile assets.
Amendment 1379 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
(a) support and promote the decarbonisation of transport through transition to zero- and low-emission vehicles, vessels and aircraft and other innovative and sustainable transport and network technologies such as hyperloop;. The implementation of new transport technologies by Member States shall be facilitated in a coordinated and harmonised way with neighbouring Member State(s) where applicable, with a transport corridor perspective.
Amendment 1444 #
2021/0420(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Transport infrastructure, including services connected to it, shall allow seamless mobility and accessibility for all users, in particular people in situations of vulnerability including persons with disabilities or reduced mobility as well as, older persons, persons living in outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparselynd sparsely populated areas, as well as other peopulated areasle experiencing accessibility, connectivity, economic or other barriers to transport.
Amendment 1446 #
2021/0420(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
Amendment 1447 #
2021/0420(COD)
Proposal for a regulation
Article 49 – paragraph 1 b (new)
Article 49 – paragraph 1 b (new)
The design, construction, maintenance, and upgrade of transport infrastructure, including services connected to it, shall comply with Annex I and Annex III of Directive (EU) 2019/882, and accessibility requirements laid down in other relevant Union law.
Amendment 1448 #
2021/0420(COD)
Proposal for a regulation
Article 49 – paragraph 1 c (new)
Article 49 – paragraph 1 c (new)
Without prejudice to the Connecting Europe Facility, InvestEU, the Recovery and Resilience Facility, Cohesion Policy, European Regional Development Fund, Horizon Europe and other financing instruments established under Union law or by the European Investment Bank, as well as relevant provisions of this Regulation, Member States shall ensure that public investments for the development, maintenance and upgrading of TEN-T infrastructure, including connected services, are not used to create further access barriers for passengers or otherwise contradict the requirements set out in paragraph 1 and paragraph 3 of this Article.
Amendment 1454 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point b a (new)
Article 50 – paragraph 2 – point b a (new)
(ba) supporting improvement of the accessibility of the network for all passengers;
Amendment 1458 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point c
Article 50 – paragraph 2 – point c
(c) a coordinated development of infrastructure, in particular in cross-border sections, notably in view of developing a fully interoperable rail freight system as well as an accessible for all users long- distance rail passenger network at high speed across the Union;
Amendment 1472 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 5 – point e a (new)
Article 51 – paragraph 5 – point e a (new)
(ea) The ERTMS Coordinator shall conduct a feasibility study starting at the latest with entry into force of this regulation that in parallel to the roll out of ERTMS/ETCS transparently outlines the implementation paths to the deadlines set for 2030, 2040 and 2050. This study shall not only look into feasibility in terms of technology, but also in terms of resources and financial support/subsidies, and the Rail Supply Industry Readiness Level, in order to prevent a negative business case for affected actors, especially Railway Undertakings.
Amendment 1480 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 6 – point a
Article 51 – paragraph 6 – point a
(a) cooperate closely with the rail freight governance to identify and prioritise investment needs for rail freight on the rail freight lines of the European Transport Corridors with the aim to develop a single integrated governance structure for the ETCs; ;
Amendment 1485 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 7 – point a
Article 51 – paragraph 7 – point a
(a) identify and prioritise investment needs for the rail passenger lines of the European Transport Corridors, including for improving accessibility for all passengers;;
Amendment 1491 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 7 – point b
Article 51 – paragraph 7 – point b
(b) monitor administrative, operational and interoperability aspects of passenger traffic on the rail passenger lines of the European Transport Corridors, including monitoring the accessibility and performance of rail passenger services.
Amendment 1499 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The “"Corridor Forum”" shall be formally established and chaired by the European Coordinator. The organization of the "Corridor Forum" shall reflect its new role and tasks. Participation shall be mandatory for all relevant experts. The Member States concerned shall agree on the membership of the Corridor Forum for their part of the European Transport Corridor and ensure representation of the rail freight governance.
Amendment 1511 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 – point b a (new)
Article 52 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) improving accessibility of the TEN-T network for all users, including persons with disabilities.
Amendment 1517 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
When relevant, the European Coordinator shall cooperate and coordinate with the rail freight governance on the activities of the working groups to avoid any duplication of work. Representatives of the rail freight governance shall be invited to relevant forum of ETCs. Similarly, ETC Coordinators shall be invited to attend relevant Executive meetings of the rail freight governance.
Amendment 1520 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
When relevant, the European Coordinator shall cooperate and coordinate with the rail freight governance on the activities of the working groups to avoid any duplication of work and with the aim to develop a single integrated governance structure for the ETCs.
Amendment 1533 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 6
Article 52 – paragraph 6
6. The European Coordinator may consult regional and local authorities, infrastructure managers, including port managing bodies, transport operators, in particular those which are members of the rail freight governance, the supply industry, transport users, accessibility experts, and representatives of civil society in relation to the work plan and its implementation. In addition, the European Coordinator responsible for ERTMS shall closely cooperate with the European Union Agency for Railways and Europe's Rail Joint Undertaking and the European Coordinator for the European Maritime Space with the European Maritime Safety Agency.
Amendment 1536 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 6 a (new)
Article 52 – paragraph 6 a (new)
6a. To set up a future strong and centralised EU Level ERTMS governance including governing funding, National Implementation Plans (NIP) planning, resourcing, market uptake, migration and transition, the European Coordinator for ERTMS, including national IMs and RUs representatives, should facilitate and promote such governance ensuring the timely and harmonised deployment.
Amendment 1542 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 6 b (new)
Article 52 – paragraph 6 b (new)
6 b. The European Climate, Infrastructure and Environment Executive Agency (CINEA) shall ensure coherence and consistency in ERTMS deployment and funding.
Amendment 1554 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point c a (new)
Article 53 – paragraph 3 – point c a (new)
(ca) identification of the barriers to seamless and accessible mobility for all users of the TEN-T network;
Amendment 1558 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point e
Article 53 – paragraph 3 – point e
(e) a description of possible solutions to address the investment needs and bottlenecks, in particular for the passenger and freight lines and nodes of the corridor;
Amendment 1562 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point f
Article 53 – paragraph 3 – point f
(f) a plan with intermediate targets for the removal of physical, technical, digital, operational and administrative barriers, including barriers to seamless and accessible mobility for all users, between and within transport modes and for the enhancement of efficient multimodal transport with particular attention to cross- border sections and national missing links.
Amendment 1568 #
Amendment 1571 #
2021/0420(COD)
Proposal for a regulation
Article 54 – paragraph 2 a (new)
Article 54 – paragraph 2 a (new)
2a. The Commission should take measures to deter Member States from engaging in unilateral cross border restrictions along the Corridors. If any unilateral cross-border restriction were enacted by a Member State, the Commission should intervene to avoid any mobility disruption of goods and/or people.
Amendment 1572 #
2021/0420(COD)
Proposal for a regulation
Article 54 – paragraph 2 b (new)
Article 54 – paragraph 2 b (new)
2 b. A Member State may decide to enact a restriction to the traffic along a corridor only upon agreement of all Member States which are part of that corridor and which neighbour the Member States in the territory of which the section of the corridor where the restriction is to be applied falls.
Amendment 1575 #
2021/0420(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Member States shall inform the Commission on a regular, comprehensive and transparent basis about the progress made in implementing projects of common interest and the investments made for that purpose. This information shall include the yearly transmission of data throughat will feed into the interactive geographical and technical information system for the trans- European transport network (TENtec). It shall include technical and financial data concerning projects of common interest, including data related to accessibility onf the trans-European transport network as well as data on the completion of the trans-European transport networkTEN-T infrastructure and passenger services .
Amendment 1582 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point b
Article 56 – paragraph 1 – subparagraph 1 – point b
(b) exclude maritime ports and airports from the comprehensive network, if it is demonstrated that the average of their traffic volume over the last six years is below 85% of the relevant threshold. In order to guarantee a high degree of network stability, the port’s or airport’s development plan, traffic prognosis or geopolitical importance or role for the energy supply should be considered prior to the exclusion from the network, in addition to current traffic volumes;
Amendment 1598 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 2
Article 56 – paragraph 1 – subparagraph 2
The adaptations referred to in points (a) to (c) of the first subparagraph shall be based on the latest available statistics published by Eurostat or, if those statistics are not available, by the national statistics offices of the Member States. The adaptations referred to in point (d) of the first subparagraph shall be based on the action plan referred to in Article 35(4). The adaptations referred to in point (e) of the first subparagraph shall be based on the information provided by the Member States concerned in accordance with Article 55(1). Identification of additional railway lines to increase the resilience of the network and with the overarching goal to support logistic chains in the event of disturbances shall be in line with National Investment Plans:
Amendment 1599 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 2 – point 1 (new)
Article 56 – paragraph 1 – subparagraph 2 – point 1 (new)
(1) Notwithstanding to the maps set out in Annex I and without prejudice to the provisions in Article 46, Member States may identify additional railway lines, further referred to as diversionary rail routes, with the purpose of increasing the resilience of the network in case of major disruptions or unforeseen capacity constraints to become part of the European Transport Corridors according to Article 50;
Amendment 1600 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 2 – point 2 (new)
Article 56 – paragraph 1 – subparagraph 2 – point 2 (new)
(2) The identification of a diversionary rail route shall be based on experience with major disruptions in the past, on the impact of these disruptions on the reliability of logistics chains and on traffic forecasts for the European Transport Corridor to which it will contribute;
Amendment 1601 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 2 – point 3 (new)
Article 56 – paragraph 1 – subparagraph 2 – point 3 (new)
(3) The concerned Member State(s) may notify the need for a diversionary rail route to be included in European Transport Corridor to the responsible European Coordinator according to Article 51 (1).
Amendment 1615 #
2021/0420(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. In the event of significant delay in starting or completing work on the core network, extended core network and on the comprehensive network compared to the initial timeline set in implementing acts in accordance with Article 54 or defined in national transport and investment plans or other relevant project documentation, the Commission may ask the Member State or Member States concerned to provide the reasons for the delay. Such reasons shall be provided by the Member State or Member States within three months of the request with the possibility to grant an extension. On the basis of the reply given, the Commission shall consult the Member State or Member States concerned in order to resolve the problem that has caused the delay.
Amendment 1617 #
2021/0420(COD)
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
Article 62 – paragraph 3 – subparagraph 1
The Commission may, after considering the reasons provided by the Member State or Member States concerned pursuant to the first subparagraph, adopt a decision addressed to the Member State or Member States concerned, finding that the significant delay in starting or completing the work on the core network, extended core network or on the comprehensive network is attributable to the Member State or Member States without an objective justification. The Commission shall give the Member State or Member States concerned 6 months to eliminate the significant delay with the possibility to grant an extension.
Amendment 1624 #
2021/0420(COD)
Proposal for a regulation
Article 65 – paragraph 1 – point 8
Article 65 – paragraph 1 – point 8
Regulation (EU) No 913/2010
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The management board shall consult the advisory groups referred to in Articles 8(7) and 8(8) on infrastructure development and investment needs. The consultation shall be based on an adequate, up-to-date documentation of the infrastructure planning at corridor and national level. New or updated investments proposals by the advisory groups shall be supported by proper technical and whenever necessary (major infrastructure investments e.g. new lines) market analyses. The executive board shall ensure adequate coordination between these consultation activities and the coordination mechanisms at national level as defined in Article 7e of Directive 2012/34/EU.
Amendment 1626 #
2021/0420(COD)
Proposal for a regulation
Article 65 – paragraph 1 – point 8
Article 65 – paragraph 1 – point 8
Regulation (EU) No 913/2010
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. The cooperation and the consultation between all parties (EBs, MBs, Coordinator, advisory groups) shall address in particular:
Amendment 1627 #
2021/0420(COD)
Proposal for a regulation
Article 65 – paragraph 1 – point 8
Article 65 – paragraph 1 – point 8
Regulation (EU) No 913/2010
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) need for targeted investments to upgrade infrastructure according to the TEN-T requirements and to remove local bottlenecks, such as connecting loops, improvements to nodes and last-mile infrastructure or technical equipment enhancing operational performance.
Amendment 1829 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 1
Annex V – point 1
Amendment 1832 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 2
Annex V – point 2
2. Long-term vision and short-term implementation plan: A SUMP shall include a – or be linked to an existing – long term strategy for the future development of transport infrastructure and multi-modal services. It shall also include a delivery plan for the short-term implementation of the strategy. It shall be embedded into an integrated approach for sustainable and accessible development of the urban area and linked to relevant land- use and spatial planning.
Amendment 1836 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 3
Annex V – point 3
3. Integration of the different modes of transport: A SUMP shall promote multimodal accessible transport through the integration of the different modes and measures aimed at facilitating seamless and sustainable mobility. It shall include actions to increase the modal share of the more sustainable forms of transport such as public transport, active mobility, and, as appropriate, inland waterway and maritime transport. It shall also include actions to promote zero-emission mobility, in particular with regard to the greening of the urban fleet, to reduce congestion and, to improve accessibility for persons with disabilities, older persons, and persons with reduced mobility, as well as to improve road safety in particular of vulnerable road users.
Amendment 1844 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 5
Annex V – point 5
5. Participatory approach: The development and implementation of a SUMP shall be based on an integrated approach with a high level of cooperation, coordination and consultation between the different levels of government and relevant authorities. Citizens, accessibility experts, as well as representatives of civil society and economic actors shall also be involved.
Amendment 1847 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 6
Annex V – point 6
6. Monitoring and performance indicators: A SUMP shall include objectives, targets and indicators underpinning the current and future performance of the urban transport system, at minimum, on greenhouse gas emissions, congestion, accidents and injuries, modal share and access to mobility services, as well as data on air and noise pollution in cities. The implementation of a SUMP shall be monitored using performance indicators. Member States and the relevant authorities shall implement mechanisms to ensure that a SUMP is in line with the provisions of this Annex and of high quality. Member States shall ensure that organisations representing transport users, including organisations of persons with disabilities, as well as accessibility experts, are able to meaningfully engage in the monitoring and evaluation of the SUMPs.
Amendment 1849 #
2021/0420(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point 2 – point j
Annex VI – paragraph 1 – point 2 – point j
Regulation (EU) 2021/1153
Annex – part III – point 1
Annex – part III – point 1
(j) the thirty-fifth row with the title ‘Core network corridor “Scandinavian – Mediterranean”’ and the thirty-sixth row containing its alignment is deleted.; following the thirty-seventh row containing the cross-border links on that corridor, insert a new row adding the "Missing link" "Villa San Giovanni – Messina (fixed link)" for "Road/Rail";
Amendment 1850 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 18/23 and part 19/23
Annex 1 – part 18/23 and part 19/23
Add the following to the core network: - Bolzano and Rovereto rail freight bypasses (conventional).
Amendment 1851 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 18/23 and part 19/23
Annex 1 – part 18/23 and part 19/23
Add the following to the extended core network: - La Spezia - Parma rail freight line, rail passengers’ line (conventional) - Civitavecchia - Pescara/Ortona rail freight line, rail passengers’ line (conventional)
Amendment 1852 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 1
Annex V – point 1
Amendment 1852 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 18/23 and part 19/23
Annex 1 – part 18/23 and part 19/23
Add the following to the comprehensive network: - Caltanissetta - Marsala/Agrigento/Licata/Gela/Pozzallo rail freight line, rail passengers’ line (conventional)
Amendment 1853 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 19/23
Annex 1 – part 19/23
Add the following to the core network: - Roma - Teramo motorway. - Genova – Pisa – Firenze passengers rail line (high speed)
Amendment 1854 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 19/23
Annex 1 – part 19/23
Add the following to the extended core network: - Bari - Brindisi - Lecce passengers rail line (conventional) - Bologna - Foggia passengers rail line (high speed) - Pisa – Roma passengers rail line (conventional) - Rosignano Marittimo - Civitavecchia motorway.
Amendment 1855 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 2
Annex V – point 2
2. Long-term vision and short-term implementation plan: A SUMP shall include a – or be linked to an existing – long term strategy for the future development of transport infrastructure and multi-modal services. It shall also include a delivery plan for the short-term implementation of the strategy. It shall be embedded into an integrated approach for sustainable and accessible development of the urban area and linked to relevant land- use and spatial planning.
Amendment 1855 #
2021/0420(COD)
Node name: Pisa Airport: Comprehensivre
Amendment 1856 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IT
Annex 2 - table - section IT
Node name: Catania Airport: Comprehensivre
Amendment 1857 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IT
Annex 2 - table - section IT
Node name: Licata Port: Comprehensive
Amendment 1858 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IT
Annex 2 - table - section IT
Node name: Ortona Port: Comprehensive
Amendment 1859 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 3
Annex V – point 3
3. Integration of the different modes of transport: A SUMP shall promote multimodal accessible transport through the integration of the different modes and measures aimed at facilitating seamless and sustainable mobility. It shall include actions to increase the modal share of the more sustainable forms of transport such as public transport, active mobility, and, as appropriate, inland waterway and maritime transport. It shall also include actions to promote zero-emission mobility, in particular with regard to the greening of the urban fleet, to reduce congestion and, to improve accessibility for persons with disabilities, older persons, and persons with reduced mobility, as well as to improve road safety in particular of vulnerable road users.
Amendment 1859 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IT
Annex 2 - table - section IT
Node name: Pescara Port: Comprehensive
Amendment 1860 #
Amendment 1861 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - part 6/14 - part 7/14
Annex 3 - part 6/14 - part 7/14
Add the followingto the Scandinavian- Mediterranean Corridor: - Villa San Giovanni - Messina motorway, passengers’s rail line, freight rail line (bridge - fixed link).
Amendment 1862 #
2021/0420(COD)
Proposal for a regulation
Annex 4 - - part 5/12
Annex 4 - - part 5/12
Add the followingto the Scandinavian- Mediterranean Corridor: - Chiasso - Como sanGiovanni passengers rail line (conventional) - Chiasso - Bivio Rosales fright rail line (conventional)
Amendment 1867 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 5
Annex V – point 5
5. Participatory approach: The development and implementation of a SUMP shall be based on an integrated approach with a high level of cooperation, coordination and consultation between the different levels of government and relevant authorities. Citizens, accessibility experts, as well as representatives of civil society and economic actors shall also be involved.
Amendment 1870 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 6
Annex V – point 6
6. Monitoring and performance indicators: A SUMP shall include objectives, targets and indicators underpinning the current and future performance of the urban transport system, at minimum, on greenhouse gas emissions, congestion, accidents and injuries, modal share and access to mobility services, as well as data on air and noise pollution in cities. The implementation of a SUMP shall be monitored using performance indicators. Member States and the relevant authorities shall implement mechanisms to ensure that a SUMP is in line with the provisions of this Annex and of high quality. Member States shall ensure that organisations representing transport users, including organisations of persons with disabilities, as well as accessibility experts, are able to meaningfully engage in the monitoring and evaluation of the SUMPs.
Amendment 1872 #
2021/0420(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point 2 – point j
Annex VI – paragraph 1 – point 2 – point j
Regulation (EU) 2021/1153
Annex – part III – point 1
Annex – part III – point 1
(j) the thirty-fifth row with the title ‘Core network corridor “Scandinavian – Mediterranean”’ and the thirty-sixth row containing its alignment is deleted.; following the thirty-seventh row containing the cross-border links on that corridor, insert a new row adding the "Missing link" "Villa San Giovanni – Messina (fixed link)" for "Road/Rail";
Amendment 141 #
2021/0381(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the transparency and targeting of political advertising (Text with EEA relevance) (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 163 #
2021/0381(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline andbetween online service providers, and requires complex compliance efforts and additional costs for relevant service providers.
Amendment 165 #
2021/0381(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Member States should not maintain or introduce, in their national laws, provisions diverging fromin contrast with those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full. The harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.
Amendment 178 #
2021/0381(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly, upon financial remuneration, for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 179 #
2021/0381(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 207 #
2021/0381(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved.
Amendment 239 #
2021/0381(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(1), (2) and (3) of Directive 2013/34/EU.
Amendment 256 #
2021/0381(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States shouldmay designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13. _________________ 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 264 #
2021/0381(COD)
Proposal for a regulation
Recital 66
Recital 66
Amendment 278 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated online in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 297 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message: upon financial remuneration,of a message by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature, which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 302 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Amendment 304 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Amendment 322 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h
Article 2 – paragraph 1 – point 4 – point h
(h) any natural or legal person representing or acting, according to the provisions of its governing statute, on behalf of any of the persons or organisations in points (a) to (g), promoting the political objectives of any of those.
Amendment 341 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules;
Amendment 344 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘political advertising publisher’ means a natural or legal person that, upon financial remuneration, broadcasts, makes available through an interface or otherwise brings to the online public domain political advertising through any medium;
Amendment 353 #
2021/0381(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 354 #
2021/0381(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall not maintain or introduce, on grounds related to transparency, provisions or measures diverging fromin contrast with those laid down in this Regulation.
Amendment 358 #
2021/0381(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Exemption of micro-undertakings The obligations laid down in this Regulation shall not apply to micro- undertakings qualified under art. 3 (1) of Directive 2013/34/EU.
Amendment 441 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement.
Amendment 468 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 482 #
2021/0381(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Paragraph 1 shall not apply to undertakings that qualifying under as micro, small or medium-sized enterprises within the meaning of Article 3(3) of Directive 2013/34/EU.
Amendment 494 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including for people with disabilities, even from the transparency notice.
Amendment 547 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. Any information provided pursuant to this article may only be used in the context for which it was requested i.e. for the purpose specified in the request made to the provider of political advertising services by the entity referred to in paragraph 2.
Amendment 564 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Information to be provided in accordance with this provision shall be presented in a format which is easily accessible and, where technically feasible, machine readable , clearly visible and user- friendly, including for people with disabilities, even through the use of plain language.
Amendment 566 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 584 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article 38 of Regulation (EU) 2021/xxx in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act]. Article 45(1) to (4) and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 592 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Each Member State shallmay designate one or more competentther authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.
Amendment 598 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the power to request to access data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks.
Amendment 600 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
Article 15 – paragraph 5 – introductory part
5. Competent authorities referred to in paragraph 3, where exercising their enforcement powers in relation to this Regulation, shall have the power to:
Amendment 617 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – introductory part
Article 15 – paragraph 8 – introductory part
8. Where a provider of political advertising services is providing services in more than one Member State, or has its main establishment or a representative in a Member State but provides its main activities in another Member State, theeach competent authority of the Member State of the main establishment or other establishment or of the represenwhere the services are being provided shall be considered competent for applying supervisory or enforcement measures. The authorities of the different Member States shall cooperate and provide each other with support if necessary. Unless already provided for under EU law, a competent authority may request, via the contact point referred to in paragraph 7, in a substantive, and ated, justified and proportionate manner, that another competent authorities of those other Member States shall cooperate with and assist each other as necessary. Unless already regulated by Union law,y, where it is better placed, take the supervisory or enforcement measures referred to in paragraphs 4 and 5; The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a time frame proportionate to the urgency of the request, provide a response or inform that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in thate cooperation shall entail, at least, the following: ntext of the request for assistance and provided under this article shall only be used in the context of the matter for which it was requested.
Amendment 618 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point a
Article 15 – paragraph 8 – point a
Amendment 622 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point b
Article 15 – paragraph 8 – point b
Amendment 625 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point c
Article 15 – paragraph 8 – point c
Amendment 631 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Contact points shall meetexchange information periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
Amendment 637 #
2021/0381(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction and under the applicable data protection legislation, where appropriate, for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive.
Amendment 665 #
2021/0381(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 666 #
2021/0381(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 667 #
2021/0381(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 77 #
2021/0366(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10% of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union should therefore take action to minimise global deforestation and forest degradation driven by its consumption of certain commodities and products and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at contributing to deforestation reduction worldwide by also influencing the global market, not only supply chains to the Union. Partnerships and efficient international cooperation with producer and consumer countries are fundamental in that respect.
Amendment 82 #
2021/0366(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) As a member of World Trade Organisation (WTO), the Union is committed to promoting a universal, rule- based, open, transparent, predictable, inclusive, non-discriminatory and equitable multilateral trading system under the WTO, as well as an open, sustainable, and assertive trade policy. The scope of this Regulation will therefore include both commodities and products produced within the Union and commodities and products imported to the Union. This Regulation should ensure that commodities and products imported in the Union market respect the same quality, environment, sanitary and work standards of the commodities and products originated in the Union, thus creating a real level playing field and preventing the risk of market leakage which could increase global deforestation.
Amendment 86 #
2021/0366(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation also follows the Commission’s Communication on “An Open, Sustainable and Assertive Trade Policy”38 which stated that with new internal and external challenges and more particularly a new, more sustainable growth model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy –one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the UN Sustainable Development Goals. Trade policy must play its full role in the recovery from the COVID-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient Europe in the world, less reliant on few supply sources an with a higher auto sufficiency in order to be less dependent on external disruptions. _________________ 38 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Trade Policy Review - An Open, Sustainable and Assertive Trade Policy, COM(2021) 66 final, 18 February 2021.
Amendment 105 #
2021/0366(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, and to ensure that commodities and products from supply chains related to deforestation and forest degradation are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production. To confirm that this is the case, they should always be accompanied by a due diligence statement made available by the first operator or trader that places or makes available a commodity or product in the Union market or exports from the Union market. In addition, operators’ due diligence systems should be controlled by a third- party auditor on an annual basis.
Amendment 108 #
2021/0366(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) Taken into consideration the different characteristics of the commodities included in the scope of this Regulation, the Commission shall develop, in close cooperation with Member States, Union stakeholders and trading partners, commodity-specific guidelines laying down different rules on due diligence obligations and provisions, traceability rules and chain of custody models for different commodities. These guidelines should be made public and regularly reviewed.
Amendment 111 #
2021/0366(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including geo-location coordinates of relevant plots of landroduction areas. These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
Amendment 113 #
2021/0366(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Operators placing a commodity or product concerned for the first time on the Union market or exporting a commodity or product from the Union market, should formally assume responsibility for the compliance of the relevant commodities or products that they intend to place on the Union market or to export by making available due diligence statements. A template for such statements should be provided by this Regulation. This is expected to facilitate enforcement of this Regulation through competent authorities and courts as well as increase compliance by operators.
Amendment 115 #
2021/0366(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37 a) Operators and traders which are SMEs shall be exempted from the requirements object of this Regulation.
Amendment 118 #
2021/0366(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements and the annual third-party audit report of their due diligence procedure to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation. The information system should also be accessible for a wider public, with the anonymised data provided in an open and machine-readable format in line with the Union’s Open Data Policy.
Amendment 120 #
2021/0366(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) For the relevant commodities entering or leaving the Union market, competent authorities are tasked with the verification of the compliance of relevant commodities and products with the obligations under this Regulation based on the due diligence statements and the annual third-party audit report of operators’ due diligence procedure, whereas the role of customs is to ensure that the reference of a due diligence statement is made available in the customs declaration where applicable and, in addition as from the moment the electronic interface will be in place to exchange information between customs authorities and competent authorities, to check the status of the due diligence statement after an initial risk analysis carried out by competent authorities in the Information System and act accordingly (i.e. suspend or refuse a commodity or product if requested to do so through the status in the Information System). This specific organisation of controls discards the application of Chapter VII of Regulation (EU) 2019/1020 in so far as the application and enforcement of this Regulation is concerned.
Amendment 126 #
2021/0366(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The checks of operators and traders by competent authorities should cover the due diligence systems as well as the annual third-party audit report of operators’ due diligence procedure and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation associated to relevant commodities and products in the country of production, the history of compliance of operators and traders with the obligations of this Regulation and any other relevant information available to competent authorities. The risk analysis of due diligence statements and annual third- party audit report of their due diligence procedure should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements.
Amendment 149 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) contributing to a reduction in global deforestation
Amendment 150 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Regulation shall ensure that commodities and products imported in the Union market respect the same quality, environmental, sanitary and labour standards of the commodities and products originated in the Union, thus creating a real level playing field and preventing the risk of market leakage which could increase global deforestation. The Regulation shall not apply to relevant commodities and products placed on the Union market that were produced before the date established in Article 36(1).
Amendment 155 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forest to agriculturalother land uses, whether human-induced or not;
Amendment 169 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means harvesting operations that are not sustainable and cause aforest management which cause an irreversible reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long- term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other products or services;
Amendment 171 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 184 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘operator’ means any natural or legal person who, in the course of a commercial activity, places relevant commodities and products for the first time on the Union market or exports them from the Union market;
Amendment 201 #
2021/0366(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) they are covered by a due diligence statement as laid down in Article 4(2).
Amendment 202 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Operators shall exercise due diligence prior to placing for the first time relevant commodities and products on the Union market or prior to their export from the Union market in order to ensure their compliance with Article 3(a) and (b). To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8.
Amendment 203 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Operators that by exercising due diligence as referred to in Article 8 have come to the conclusion that the relevant commodities and products comply with the requirements of this Regulation shall make available to the competent authorities via the information system referred to in Article 31 a due diligence statement before placing on the Union market or exporting the relevant commodities and products. That statement shall confirm that due diligence was carried out and no or only negligible risk was found and shall contain the information set out in Annex II for the relevant commodities and products. Operators shall share the due diligence statement with subsequent operators and traders in the supply chain.
Amendment 204 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. By making available the due diligence statement, the operator assumes responsibility for the compliance of the relevant commodity or product with the requirements of this Regulation. Operators shall keep record of their annual due diligence statementsprocedure for 5 years from the date of making available via the information system referred to in Article 31. The due diligence system shall be verified by a third-party auditor on an annual basis. Operators shall share the annual third-party audit report of their due diligence procedure with the competent authorities.
Amendment 206 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 208 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 209 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Operators or traders which are SMEs that have received new information, including substantiated concerns, that the relevant commodity or product that they have already place or made available on the Union market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed or made available the relevant commodity or product on the market.
Amendment 210 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. Operators or traders which are SMEs shall offer all assistance necessary to competent authorities to facilitate the performance of the checks under Article 15 and 16, including as regards access to premises and the presentation of documentation or records.
Amendment 211 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 213 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 215 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 217 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Traders which are not SMEsmake available a commodity or a product for the first time on the Union market shall be considered operators and be subject to obligations and provisions in Articles 3, 4, 5, 8 to 12, 14(9), 15 and 20 of this Regulation with regard to the relevant commodities and products that they make available in the Union market.
Amendment 219 #
2021/0366(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 221 #
2021/0366(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Prior to placing relevant commodities and products for the first time on the market or before exporting them, operators shall exercise due diligence with regard to all relevant commodities and products supplied by each particular supplier.
Amendment 226 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) geo-localisation coordinates, latitude and longitude of all plots of landproduction area coordinates collected via geo-localisation including but not limited to plot, farm, villages, landscape or district areas where the relevant commodities and products were produced, as well as date or time range of production;
Amendment 228 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of production, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity, as well as international laws and standards;
Amendment 232 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 251 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point b a (new)
Article 10 – paragraph 6 – point b a (new)
(ba) a policy on re-entry criteria in line with the Accountability Framework Initiative.
Amendment 255 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in Article 3(a) and (b). Operators shall, on a annual basis, publicly report on their due diligence system. The due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for new developments which may influence the exercise of due diligence. Operators shall keep record of updates in the due diligence system(s) for 5 years.
Amendment 257 #
2021/0366(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. When placing relevant commodities or products for the first time on the Union market or exporting them from it, operators are not required to fulfil the obligations under Article 10 where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as low risk in accordance with Article 27.
Amendment 260 #
2021/0366(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 265 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The competent authorities shall carry out checks to establish whether operators and traders comply with their obligations under this Regulation and whether the relevant commodities and products placed or made available on the Union market or exported from it are compliant with the requirements of this Regulation, through the examination of the annual third-party audit reports of operators’ due diligence procedure.
Amendment 267 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Based on the risk analysis under paragraph 4 and any other relevant information, the competent authorities shall identify the operators and traders to be checked according to Articles 15 and 16 with a view to favour check to those operators and traders who do not have a consistent record of full compliance with the requirements of this regulation.
Amendment 275 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. The checks on operators, including through the annual third-party audit of operators’ due diligence procedure, shall include:
Amendment 282 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Competent authorities shall cooperate with each other, with authorities from other Member States, with the Commission, with customs authorities, and if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation.
Amendment 283 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Competent authorities shall exchange information necessary for the enforcement of this Regulation. This shall include giving access to and exchange of data on operators and traders including annual third-party audit report of due diligence statementsprocedure with other Member States’ competent authorities to facilitate the enforcement of this Regulation.
Amendment 285 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Competent authorities shall immediately alert competent authorities of other Member States operators and traders concerned and the Commission when they detect infringement of this Regulation and serious shortcomings that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant commodity or product on the market that is not compliant with this Regulation, to enable the withdrawal or recall of such commodity or product from sales in all Member States.
Amendment 287 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year with the respect of relevant data protection law. This information shall include their plans for checks, the number and the results of the third-party annual audit report of due diligence procedure, the controls carried out on operators and traders, including the contents of these checks, the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the costs of controls recovered.
Amendment 295 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) destroyonating the relevant commodity or product or donating it to charitable or public interest purposes.
Amendment 298 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3a. Where appropriate, in the case of repeated infringements of the provisions of this Regulation, penalties shall be applied.
Amendment 306 #
2021/0366(COD)
Proposal for a regulation
Article 24 – paragraph 10
Article 24 – paragraph 10
10. Customs authorities may destroyconfiscate or make at disposal to competent authorities with the aim to donate to charitable or public interest purposes a non-compliant relevant commodity or product upon the request of the competent authorities or where they deem it necessary and proportionate. The cost of such measure shall be borne by the natural or legal person holding the relevant commodity or product. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly. Upon request of competent authorities, non-compliant relevant commodities and products may alternatively be confiscated and placed by customs at the disposal of the competent authorities.
Amendment 308 #
2021/0366(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. To enable the risk-based approach referred to in Article 14(3) for relevant commodities and products entering or leaving the Union market and to ensure that checks are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities, operators and traders concerned and customs authorities shall cooperate closely and exchange information.
Amendment 311 #
2021/0366(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) Traders and operators to make available the due diligence statement of a relevant commodity or product via national single window environment for customs referred to in Article 8 of Regulation [PO to check the reference number and article number after the proposal is adopted] and receive feedback thereon from competent authorities as well as the annual third- party audit report of their due diligence procedure referred to in Article 4; and
Amendment 324 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f
Article 27 – paragraph 2 – point f
(f) whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, and, if it is the case, the level of ambition of them compared with the Union legislation; and whether the country takes effective enforcement measures to avoid and sanction activities leading to deforestation and forest degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation are applied.
Amendment 333 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point b
Article 27 – paragraph 3 – subparagraph 1 – point b
(b) the invitation to respond to the Commission in writing with regard to the intention to changing the risk status of the country or parts thereof in a prescribed time;
Amendment 335 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
Amendment 339 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation to developuse existing and future partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms will focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the transition to sustainable commodity production, consumption processing and trade methods. Partnerships and cooperation mechanisms may include structured dialogues, support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 357 #
2021/0366(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The Commission shall establish and maintain, by the date established in Article 36(2), an information system (“Register”) which shall contain the due diligence statements made available pursuant to Article 4(2) as well as the annual third- party audit report of operators’ due diligence procedure.
Amendment 359 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. No later than two years after the entry into force, the Commission shall carry out a first review of this Regulation, and shall present a report to the European Parliament and the Council based on a detailed impact assessment and accompanied, if appropriate, by a legislative proposal. The report shall focus in particular on an evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems, including landimpact of this Regulation on trade flows, especially on possible changes that may occurred which have insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation which could be viewed as a practice of circumvention. These practices may include replacing those products and commodities with hsligh carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commodities. tly modified products, which are not included in the list of products and commodities in Annex I. Interested parties may inform the Commission of any perceived circumvention and the Commission shall investigate any substantiated claim introduced by an interested party. If circumvention is detected the Commission shall present a legislative proposal, to amend this Regulation in order to prevent future circumvention of this Regulation.
Amendment 365 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. No later than fivetwo years after the entry into force and at least every fivetwo years thereafter, the Commission shall carry out a general review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The first of the reports shall include in particular, based on specific studies, an evaluation of:
Amendment 367 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point a a (new)
Article 32 – paragraph 2 – point a a (new)
(aa) the need and the feasibility of extending the scope of this Regulation to other ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commodities.
Amendment 377 #
2021/0366(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Articles 3 to 12, 14 to 22, 24, 29 and 30 shall apply 124 months from the entry into force of this Regulation.
Amendment 378 #
2021/0366(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Articles referred to paragraph 2 shall apply 2436 months from the entry into force of this Regulation for operators that are microenterprises53 established by December 31, 2020, except for products covered in the Annex to Regulation (EU) No 995/2010. _________________ 53 As defined in Article 3(1) of 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.
Amendment 110 #
2021/0297(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union's common commercial policy is to be consistent with and to consolidate the objectives of the Union policy in the field of development cooperation, laid down in Article 208 of the Treaty on the Functioning of the European Union (TFEU), in particular the eradication of poverty and the promotion of sustainable economic, social, and environmental development and good governance in the developing countries. It n the context of a new, more sustainable growth model, the Union needs a new trade policy strategy and the green transition must go hand in hand with social equity and reciprocity. It is to comply with World Trade Organisation (‘WTO’) requirements, in particular with the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (the ‘Enabling Clause’), adopted under the General Agreement on Tariffs and Trade (‘GATT’) in 1979, under which WTO Members may accord differential and more favourable treatment to developing countries.
Amendment 115 #
2021/0297(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The general objectives of the GSP are to support eradication of poverty in all its forms, in line with Agenda 2030 and Sustainable Development Goal 17.12 and, to promote the sustainable development agenda and to encourage exports diversification from GSP beneficiary countries, while averting harm to EU industry’s interests. The 2018 GSP Mid- term Evaluation and the 2021 supporting Study for the Impact Assessment underpinning this Regulation concluded that the GSP framework under Regulation (EU) No 978/2012 has delivered on these main objectives, which were at the core of the 2012 overhaul of Council Regulation (EC) No 732/200815 . _________________ 15 Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (OJ L 211, 6.8.2008, p. 1).
Amendment 120 #
2021/0297(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Those objectives remain relevant in the current global context and they are consistent with the analysis and perspective of the recent Commission Communication Trade Policy Review “An Open, Sustainable and Assertive Trade Policy”16 (‘TPR’). According to the TPR, the Union has a “strategic interest to support the enhanced integration into the world economy of vulnerable developing countries” and it “must fully use the strength provided by its openness and the attractiveness of its Single Market” to support multilateralism and to ensure adherence to universal values. For GSP specifically, the TPR notes its important role in “promoting respect for core human and labour rights” and sets the objective for the GSP “to further increase trading opportunities for developing countries to reduce poverty and create jobs based on international values and principles”. Together with openness to trade, the scheme should support GSP beneficiary countries to develop a strong industrial base and to create an infrastructure that facilitates access to knowledge and information to foster diversification of trade flows. Moreover, the scheme should assist beneficiaries in recovering from the COVID-19 impact and in re-building their economies in a sustainable manner, including with respect to international human rights, labour, environmental and good governance standards. By prioritising diversification of exports from GSP beneficiary countries, the scheme should focus preferences on less competitive products which should ultimately contribute to sustainable development and poverty eradication. Coherence should be ensured between the GSP and its objectives and the assistance provided to beneficiary countries, in line with Union’s Policy Coherence for Development (PCD), which constitutes a key pillar of Union’s efforts to enhance the positive impact and increase effectiveness of development cooperation17 . _________________ 16 COM(2021) 66 final, 18 February 2021 17 Article 208 of the Treaty on the Functioning of the EU concerning PCD reads: “The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries”.
Amendment 133 #
2021/0297(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) By providing preferential access to the Union market, the scheme should assist developing countries in their efforts to reduce poverty and achieve and promote good governance and sustainable development by helping them to generate additional revenue through international trade, which can then be re-invested for the benefit of their own development and, in addition, to diversify their economies. The scheme's tariff preferences should focus on less competitive products originating from those developing countries that have greater development, trade and financial needs.
Amendment 134 #
2021/0297(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Union policies increasingly entail an escalation in obligations to comply with Union standards on quality and sustainability of production, with a significant impact on production costs, which are not fully taken into account in international trade negotiations or in the GSP, despite the leading role of the Union in these areas. The limits and obligations that European producers have to respect should equally apply to imports into the Union internal market, being also monitored regularly. The latter imports should reflect the soaring requirements that Union farmers are bounded to implement as the GSP must not, under any circumstance, be a tool to promote unsustainable production or triangular trade. This should become a non- negotiable factor in free trade negotiations or access through the Union's GSP, alongside with equivalence which should also be a prerequisite, covering the entire value chain. The creation of a level playing field for production based on an equivalent political approach would strengthen the competitiveness, employment and growth of agri-food production in the beneficiary countries of the GSP schemes, while safeguarding the European producers.
Amendment 162 #
2021/0297(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The special arrangement for the least-developed countries (EBA) should continue to grant duty free access to the Union market for products originating in the least developed countries, as recognised and classified by the United Nations (UN), except for trade in arms. For a country no longer classified by the UN as a least-developed country, a transitional period should be established, to alleviate any adverse effects caused by the removal of the tariff preferences granted under that arrangement. If a beneficiary country of the EBA scheme no longer meets certain economic, environmental and social conditions, that country should be excluded from the list of beneficiary countries of the EBA scheme. If a product imported from EBA beneficiary countries does not meet certain economic, environmental and social production criteria, that product should be excluded from the tariff preference scheme and the Common Customs Tariff should be reintroduced for that product. Tariff preferences provided under the special arrangement for the least- developed countries should continue to be granted for those least developed countries, which benefit from another preferential market access arrangement with the Union.
Amendment 165 #
2021/0297(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Common Customs Tariff duties on non-sensitive products should continue to be suspended, while duties on sensitive products should enjoy a tariff reduction, in order to ensure a satisfactory utilisation rate while at the same time taking account of the situation of the corresponding Union industriesown production industries and agriculture.
Amendment 168 #
2021/0297(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Such a tTariff reductions should be sufficiently attractive, in order to motivate traders to make use of the opportunities offered by the scheme. Therefore, the ad valorem duties should generally be reduced by a flat rate of 3,5 percentage points from the 'most favoured nation' duty rate, while such duties for textiles and textile goods should be reduced by 20 %. Specific duties should be reduced by 30 %. Where a minimum duty is specified, that minimum duty should not apply.
Amendment 171 #
2021/0297(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Safeguards are essential mechanisms to reduce beneficiary countries’ dependency on a few products, to focus preferences on less competitive products and to stimulate economic growth. The scheme should reinforce the Union’s financial and economic interests by providing effective and enforceable safeguards to sensitive products which should at the same time improve the implementation of social and environmental rights in beneficiary countries
Amendment 178 #
2021/0297(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The reasons for temporary withdrawal of the arrangements under the scheme should include serious and systematic violations of the principles laid down in international conventions concerning core human rights (including certain principles of international humanitarian law enshrined in those conventions), labour rights, climate and environmental protection, and good governance, so as to promote the objectives of those conventions. Furthermore, temporary withdrawal should be made possible in case of severe and systemic breach of the obligation of the beneficiary country towards not respecting the Members States’ interests and not complying with international trade obligations and creating some retaliatory or discriminatory measures. Tariff preferences under the special incentive arrangement for sustainable development and good governance should be temporarily withdrawn if the beneficiary country does not respect its binding undertaking to maintain the ratification and effective implementation of those conventions or to comply with the reporting requirements imposed by the respective conventions, or if the beneficiary country does not cooperate with the Union's monitoring procedures as set out in this Regulation. The temporary withdrawal should continue until the reasons justifying it no longer apply. In situations characterised by an exceptional gravity of the violations, the Commission should have the power to respond rapidly by adopting measures within a shorter timeline. Under the Union’s zero tolerance approach for child labour the reasons for temporary withdrawal should include exports of goods made by internationally prohibited child labour, as well as forced labour including slavery and prison labour, as identified in the relevant Conventions in Annex VI.
Amendment 185 #
2021/0297(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) Trade defense instruments are becoming increasingly important and should be enforced as soon as imports harm Union producers. Thereunder, the latter instruments should be used to manage situations where unfair trade practices take place in the form of price dumping or public subsidies, not WTO compliant. As trade within agri-food products is increasingly concentrated on processed products, the activation of trade defense instruments is progressively becoming more complex, as evidenced by the evolution of imports of semi-finished or processed rice from Cambodia. For this purpose, a certain establishment of the origin of the raw material used in the transformation of the product should be ensured.
Amendment 196 #
2021/0297(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The Commission should also adopt immediately applicable implementing acts where, in duly justified cases relating to safeguard investigations, imperative grounds of urgency relating to the deterioration of the economic and/or financial situation of Union producers which would be difficult to repair so require. Safeguards should be promptly activated if there were to exist a substantial negative impact on the Union agri-food production sector. Any delay or hesitation in the application of safeguard measures in the agri-food sector could lead to irreversible economic damage for Union farmers and the agri-food industry overall, with consequent loss of jobs and damage to the local, national and European socio-economic framework.
Amendment 200 #
2021/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) "sensitive products" means goods whose excessive utilisation rate by standard GSP beneficiary countries could have a negative impact on the market for basic or processed goods and other European commodities, in the medium and long term. In this regard and for the purposes of this definition, processed agri-food products - such as rice and sugar - are products obtained with basic raw materials whose origin or place of origin is ascertained in a Member State.
Amendment 202 #
2021/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
(9 b) For the purpose of this Regulation, agricultural and agri-food products are considered sustainable when they are certified in accordance with voluntary sustainability certification schemes recognized by the European Commission on the basis of pre- established sustainability criteria and minimum requirements. The latter should be based, inter alia, in consistency with the ambitious objectives of the European Green deal and the "Farm2Fork" strategy, as well as with internationally recognized standards such as relevant international conventions listed in Annex VI, adequate standards of human rights, environmental sustainability, economic equality and decent income. Criteria is also to include reliability, transparency, traceability, independent and accredited audit and adequate appeal procedures.
Amendment 215 #
2021/0297(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) it has not ratified all the conventions listed in Annex VI (the 'relevant conventions') or the Commission has identified, based on available information, in particular the most recent available conclusions of the monitoring bodies under those conventions, a serious failure to effectively implement any of those conventions.
Amendment 234 #
2021/0297(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The tariff preferences referred to in Article 7 shall be suspended, in respect of products of a GSP section originating in a standard GSP beneficiary country, when the average value of Union imports of such products over three consecutive years from that standard GSP beneficiary country exceeds the thresholds listed in Annex IV. The thresholds shall be calculated as a percentage of the total value of Union imports of the same products from all GSP beneficiary countries. Additionally, such a threshold shall be applied to a specific Taric code, or to a restricted number of Taric codes.
Amendment 236 #
2021/0297(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall, every three years, review the list referred to in paragraph 2 of this Article and adopt an implementing act in the year preceding the review year, in accordance with the advisory procedure referred to in Article 39(2), in order to suspend or to re-establish the tariff preferences referred to in Article 7. That implementing act shall apply as of 1 January of the year following its entry in force.
Amendment 240 #
2021/0297(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The list referred to in paragraphs 2 and 3 of this Article shall be established on the basis of the data available on 1 September of the year in which the review is conducted and of the two years preceding the review year. It shall take into account imports from GSP beneficiary countries listed in Annex I as applicable at that time. However, the value of imports from GSP beneficiary countries, which upon the date of application of the suspension no longer benefit from the tariff preferences under Article 4(1), point (b), shall not be taken into account.
Amendment 271 #
2021/0297(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By 1 January 2027, and every three years thereafter, the Commission shall present to the European Parliament and to the Council, in the most transparent way, a report on the status of ratification of the relevant conventions, the compliance of the GSP+ beneficiary countries with any reporting obligations under those conventions and the status of the effective implementation thereof.
Amendment 292 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Where the Commission considers that the findings justifya temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II in order to temporarily withdraw the tariff preferences provided under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2), point (b). In adopting the delegated act the Commission may, when appropriatejustified, consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country, including with regard to impacts on women’s employment and unemployment, with a view to minimising the negative socio- economic impact on the GSP+ beneficiary countries population while maximizing the leverage on its government.
Amendment 297 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 10
Article 15 – paragraph 10
10. Where the Commission decides on temporary withdrawal, such delegated act shall become applicable sixone months after its adoption.
Amendment 299 #
2021/0297(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. An eligible country shall benefit from the tariff preferences provided under the special arrangement for the least- developed countries referred to in Article 1(2), point (c), if that country is identified by the United Nations as a least-developed country and if it has not ratified all the conventions listed in Annex VI (the "relevant conventions") or the Commission has identified, based on available information, in particular the most recent available conclusions of the monitoring bodies under those conventions, a serious failure to effectively implement any of those conventions.
Amendment 304 #
2021/0297(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Where an EBA beneficiary country no longer fulfils the econditionsomic, environmental and social criteria referred to in paragraph 1 of this Article, the Commission is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I in order to remove the country from the EBA arrangement following a transitional period of three years as from the date on which the EBA beneficiary country no longer fulfils the econditionsomic, environmental and social criteria referred to in paragraph 1 of this Article.
Amendment 321 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) serious and systematic unfair trading practices including those affecting the supply of raw materials, which have an adverse effect on the Union industry and which have not been addressed by the beneficiary country. For those unfair trading practices, which are prohibited or actionable under the WTO Agreements, the application of this Article shall be based on a previous determination to that effect by the competent WTO body; Commission following a trade Barrier investigation under Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the WTO. For the other unfair trading practices, including - but not limited to - breaches of intellectual property rights, trade distorting investment practices, trafficking and smuggling, breaches of competition rules and any other unfair trading practices that may hinder market access and the national treatment principle, the application of this Article shall be based on a previous determination to that effect under the conditions laid down in Paragraph 3;
Amendment 335 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where the Commission, acting upon a complaint or on its own initiative, considers that there are sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 39(2). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act. Sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article are prima facie deemed to exist in case a Trade Barrier investigation has already been concluded by the Commission in relation to the unfair trading practices at stake.
Amendment 340 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 4 – point b
Article 19 – paragraph 4 – point b
(b) state that the Commission will monitor and evaluate the situation in the beneficiary country concerned during the monitoring and evaluation period referred to in Paragraph 5. During this process the Commission shall inform the Parliament and share, in the most transparent way, the relevant information out of the latter monitoring with the Council and the European Parliament;
Amendment 342 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission shall provide the beneficiary country concerned with every opportunity to cooperate during the monitoring and evaluation period of six months from the date of publication of the noticmonitoring and evaluation period will be of three months from the date of publication of the notice. During this period, the Commission shall provide the beneficiary country concerned with every opportunity to cooperate.
Amendment 345 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Within thre one months from the expiry of the period referred to in paragraph 5, the Commission shall submit a report on its findings and conclusions to the beneficiary country concerned. The beneficiary country has the right to submit its comments on the report. The period for comments shall not exceed one month. This paragraph does not apply in case a trade barrier investigation has already been concluded in relation to the unfair trading practices at stake.
Amendment 349 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 8 – introductory part
Article 19 – paragraph 8 – introductory part
8. Within sixtwo months from the expiry of the period referred to in paragraph 4, point (b)5, the Commission shall decide:
Amendment 352 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II, in order to temporarily withdraw the tariff preferences provided under the preferential arrangements referred to in Article 1(2). In adopting the delegated act the Commission may, where appropriate, consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 357 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 12
Article 19 – paragraph 12
12. Where the Commission decides on temporary withdrawal, such delegated act shall become applicable sixone months after its adoption.
Amendment 363 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 16
Article 19 – paragraph 16
16. Where the Commission considers that there is sufficient evidence to justify temporary withdrawal for the reason set out in paragraph 1, point (a) and the exceptional gravity of the violations calls for a rapid response in view of the specific circumstances in the beneficiary country, it shall initiate the procedure for temporary withdrawal in accordance with paragraphs (3) to (15). However, the period referred to in paragraph 4, point (b)5 is reduced to 21 months and the deadline referred to in paragraph 8 is reduced to 52 months.
Amendment 366 #
2021/0297(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where a product originating in a beneficiary country of any of the preferential arrangements referred to in Article 1(2) is imported in volumes or at prices which cause, or threaten to cause, serious difficulties to Union producers of likeproducts obtained in the Union for similar or directly competing products, normal Common Customs Tariff duties on that product may be wholly or partially reintroduced.
Amendment 368 #
2021/0297(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 (new)
Article 22 – paragraph 1 – subparagraph 1 (new)
"Products obtained in the Union" are the primary basic products, processed products and other goods of EU producers. Processed agri-food products are products obtained with raw materials whose origin or place of origin is ascertained in one of the Member States.
Amendment 373 #
2021/0297(COD)
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3 a. For the purposes of this Chapter, "directly competing products" means a product which, after or prior to an industrial transformation, can be compared to another product.
Amendment 377 #
2021/0297(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. An investigation, including the procedural steps referred to in Articles 25, 26 and 27, shall be concluded within 129 months from its initiation.
Amendment 380 #
2021/0297(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
On duly justified grounds of urgency relating to deterioration of the economic or financial situation of Union producers of products obtained in the Union, and where delay might cause damage which would be difficult to repair, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 39(4) to reintroduce normal Common Customs Tariff duties for a period of up to 12 months.
Amendment 384 #
2021/0297(COD)
Proposal for a regulation
Chapter VI – Section II – title
Chapter VI – Section II – title
II Safeguards in the Textile, Footwear, Agriculture and Fisheries Sectors
Amendment 388 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Without prejudice to Section I of this Chapter, on 1 January of each year, the Commission, on its own initiative and in accordance with the advisory procedure referred to in Article 39(2), shall adopt an implementing act in order to remove the tariff preferences referred to in Articles 7 and 12 with respect to the products from GSP sections S-11a, S-11b and S-11b2a or to products falling under Combined Nomenclature codes 1006, 1701, 2207 10 00, 2207 20 00, 2909 19 10, 3814 00 90, 3820 00 00, 38249956, 38249957, 38249992, 38248400, 38248500, 38248600, 38248700, 38248800, 38249993, and 38249996 where imports of such products, originate in a beneficiary country and their total value:
Amendment 395 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) for products falling under Combined Nomenclature codes 2207 10 00, 2207 20 00, 2909 19 10, 3814 00 90, 3820 00 00, and 38249956, 38249957, 38249992, 38248400, 38248500, 38248600, 38248700, 38248800, 38249993, and 38249996 exceeds the share referred to in point 1 of Annex IV of the value of Union imports of the same products from all countries and territories listed in Annex I, columns A and B C, during a calendar year
Amendment 399 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a a (new)
Article 29 – paragraph 1 – point a a (new)
(a a) for products falling under Combined Nomenclature codes 1006 and 1701 exceeds the share referred to in point 2 of Annex IV of the value of Union imports of the same products from all countries and territories listed in Annex I, column C, during a calendar year;
Amendment 403 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) for products under GSP sections S- 11a, S-11b and S-11b2a exceeds the share referred to in point 3 of Annex IV of the value of Union imports of products in GSP sections S-11a, S-11b and S-11b2a from all countries and territories listed in Annex I, columns A and B, during a calendar year.
Amendment 410 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Paragraph 1 shall not apply to EBA beneficiary countries, nor shall it apply to countries with a share for the relevant products referred to in paragraph 1 not exceeding 6 % of total Union imports of the same products.
Amendment 415 #
2021/0297(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
By 1 January 2027 and every threewo years thereafter, the Commission shall submit to the European Parliament and to the Council a report on the effects of the scheme covering the most recent three- wo-year period and all of the preferential arrangements referred to in Article 1(2).
Amendment 418 #
2021/0297(COD)
Proposal for a regulation
Annex III List of products included in the standard arrangement
Annex III List of products included in the standard arrangement
S-7a 39 ex Chapter 39 Plastics and articles thereof, except for products under headings 3901, 3902, 3903 and 3904, subheadings 3906 10 00, 3907 10 00, 3907 61, 3907 69 and 3907 99, headings 3908 and 3920, and subheadings ex 3921 90 10 and 3923 21 00 NS S-7a 39 ex Chapter 39 390761 Poly ethyleneterephthalate in primary forms S
Amendment 420 #
2021/0297(COD)
Proposal for a regulation
Annex IV – subheading 1
Annex IV – subheading 1
Modalities for the application of Article 8 and Article 29
Amendment 426 #
2021/0297(COD)
Proposal for a regulation
Annex IV – point 1
Annex IV – point 1
1. Article 8 and Article 29 shall apply when the percentage share referred to in paragraph 1 of thatose Articles exceeds 470 %.
Amendment 431 #
2021/0297(COD)
Proposal for a regulation
Annex IV – point 2
Annex IV – point 2
2. Article 8 shall apply for each of the GSP sections S-2a, S-3 and S-5 of Annex III, when the percentage share referred to in paragraph 1 of that Article exceeds 17,5 0 %. Article 29 shall apply for products falling under Combined Nomenclature codes 1006 and 1701 when the percentage share referred to in paragraph 1 of Article exceeds 10%.
Amendment 61 #
2021/0291(COD)
Proposal for a directive
Recital 1
Recital 1
(1) One of the objectives of Directive 2014/53/EU of the European Parliament and of the Council11 is to guarantee the proper functioning of the internal market. Pursuant to Article 3(3), point (a), of that Directive, one of the essential requirements that radio equipment must fulfil is that it interoperates with accessories, in particular with common chargers. In that respect, recital (12) of Directive 2014/53/EU indicates that the interoperability between radio equipment and accessories such as chargers simplifies the use of radio equipment and reduces unnecessary waste and costs, in particular for the benefit of consumers and other end-users. __________________ 11 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
Amendment 64 #
2021/0291(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Since 2009, efforts have been deployed at Union level to limit the fragmentation of the charging interfaces for mobile phones and similar items of radio equipment. RSuch initiatives have already been successful to a certain extent, allowing for a shift in the number of charging solutions from thirty to only few predominant options. Nevertheless, most recent voluntary initiatives do not fully meet Union harmonisation policy objectives, which seek to reduce electronic waste (e-waste), ensure consumer convenience and avoid fragmentation of the market for charging devices.
Amendment 72 #
2021/0291(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The growing tendency for multi- device ownership along with short lifecycles of some radio equipment and the absence of clear labelling have triggered in recent years a number of problems for consumers as the inability to charge certain devices, inaccessibility to compatible charges, confusion and product safety issues, in particular for end-users affected by disabilities.
Amendment 77 #
2021/0291(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The interoperability between radio equipment and accessories such as chargers is hampered as there are different charging interfaces for certain categories or classes of radio equipment that use wired charging such as handheld mobile phones, tablets, digital cameras, headphones or headsets, handheld videogame consoles and portable speakers. In addition, there are several types of fast charging communication protocols for which a minimum level of performance is not always guaranteed. As a result, Union action is required to promote a common degree of interoperability and the provision of clear and easy to understand information relating to the charging characteristics of radio equipment to end-users. It is therefore necessary to introduce suitable requirements in Directive 2014/53/EU regarding the charging communication protocols, the charging interface (i.e. charging receptacle) of certain categories or classes of radio equipmentradio equipment operating with power delivery of up to or less than 100 watts, as well as the information to be provided to end-users regarding the charging characteristics of those categories or classes ofoncerned radio equipment.
Amendment 84 #
2021/0291(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is therefore necessary to harmonise the charging interface and charging communication protocols for specific categories or classes of radio equipment that areradio equipment operating with power delivery of up to or less than 100 watts and recharged via wired charging. It is also necessary to provide the basis for adaption to any future technological progress by introducing aor market development, which shall continuously be monitored by the Commission in close cooperation with Members States and relevant stakeholders. In particular the harmonisation of the charging interfaces and the charging communication protocols should in future be considered with respect to radio equipment that may be charged via any means other than wired charging including charging via radio waves (wireless charging). Such harmonisation should reducefollow a thorough impact assessment confirming that wireless charging technology or technology that uses other means than wired charging has stabilised its efficiency and use within the internal market. The future adaption of harmonisation should continue to pursue the objectives of reducing environmental waste, ensureing consumer convenience and avoiding fragmentation of the market among different charging interfaces and charging communication protocols as well as among any initiatives at national level, which might cause barriers to trade in the internal market.
Amendment 89 #
2021/0291(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Such harmonisation would be however incomplete, if it is not combined with requirements regarding the combined sale of radio equipment and their chargers and information to be provided to end- users. A fragmentation of approaches among the Member States with respect to the marketing of the categories or classes of radio equipment concerned and their charging devices would hamper the cross- border trade in those products, for example by obliging economic operators to repackage their products depending on the Member State, in which the products are to be supplied. This would in turn result in increased inconvenience for consumers and would generate unnecessary e-waste thus offsetting the benefits derived from the harmonisation of the charging interface and charging communication protocol. It is therefore necessary to impose requirements on manufacturers, at least for a transitional period, to ensure that end- users are not obligedoffered the option to purchase a new charging device with each purchase of a new mobile phone or similar item of radio equipment without a charging device. Unbundling should in future be converted to default practice provided that the Commission has established, in consultation with the Single Market Enforcement Taskforce and relevant stakeholders, that consumers are supplied with a safe and state-of-the-art common charging solution, which is not financially disadvantageous. A smooth transitioning to mandatory unbundling will foster out-of-box experiences for consumers, leading ultimately to e-waste reduction. To ensure the effectiveness of such requirements, end- users should receive the necessary information regarding the charging characteristics when purchasing a mobile phone or similar item of radio equipment. A dedicated pictogram, placed in a prominent position on the product, should enable consumers to determine whether or not a charging device is included with the radio equipment before the purchase. The above-mentioned information requirements should be displayed in case of all forms of supply, including distance selling.
Amendment 102 #
2021/0291(COD)
Proposal for a directive
Recital 13
Recital 13
(13) With respect to charging by means other than wired charging, divergent solutions may be developed in the future, which may have negative impacts on interoperability, consumer convenience and the environment. Whilst it is premature to impose specific requirements on such solutions at this stage, the Commission should be able to take action towards harmonising them in the future,, following a thorough impact assessment, towards harmonising them within five years of entry into force of this Directive if fragmentation on the internal market is observed.
Amendment 107 #
2021/0291(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Article 3 of Directive 2014/53/EU should be amended in order to cover charging interfaces and charging communication protocols. The categories or classes of radio equipment specifically covered by this new provision should be further detailed in a new annex to Directive 2014/53/EU.
Amendment 109 #
2021/0291(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Article 10(8) of Directive 2014/53/EU provides for information to be included in the instructions for use and so additional information requirements should be inserted in that Article. The details of the new requirements should be specified in the new annex to Directive 2014/53/EU. Those information requirements wouldCertain elements of information should also be displayed by means of visual and consumer-friendly representation. A dedicated label indicating charging capabilities and compatible chargers will enable consumers to determine the most appropriate external power supply (EPS) needed to charge their radio equipment. It should be possible to adapt thosesuch information requirements in the future in order to reflect any changes to the labelling requirements for EPS, which may be introduced under Directive 2009/125/EC of the European Parliament and of the Council14 . __________________ 14 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
Amendment 113 #
2021/0291(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Despite this Directive not affecting product safety per se but interoperability requirements, the existence of a significant market for counterfeit charging devices raises serious concerns, particularly in regard to online and distance selling. European consumers should be able to safely purchase stand- alone charging devices online, regardless of whether these have been produced in the Union or not. Market surveillance authorities should therefore be ensured the procedural means to enforce newly introduced requirements on charging protocols and interoperability aspects, in particular towards online platforms allowing distance contracts with third- country traders.
Amendment 116 #
2021/0291(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to address any future developments in charging technology and to ensure the minimum common interoperability between radio equipment and the charging devices for such radio equipment, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the categories or classes ofpower delivery requirement of concerned radio equipment and the specifications regarding the charging interfaces and charging communication protocols, as well as the details on the information in relation to charging. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter- institutional Agreement on Better Law- Making of 13 April 201615 . 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. __________________ 15 OJ L 123, 12.5.2016, p. 1.
Amendment 122 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
Radio equipment falling within the categories or classes specified in Annex Ia, Part I shall be so constructed that it complies with the specifications on charging capabilities set out in that Annex for the relevant category or class of radio equipment.
Amendment 126 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – introductory part
Article 3 – paragraph 4 – subparagraph 2 – introductory part
With respect to radio equipment capable of being recharged via wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44 to amend Annex Ia in the light of technical progress or market developments, and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
Amendment 129 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point a
Article 3 – paragraph 4 – subparagraph 2 – point a
(a) modifying, adding or removing categories or classes of radio equipment the power delivery requirement of radio equipment falling under the scope of this Directive;
Amendment 134 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point b
Article 3 – paragraph 4 – subparagraph 2 – point b
(b) modifying, adding or removing technical specifications, including references and descriptions, in relation to the charging receptacle(s) and charging communication protocol(s), for each category or class of radio equipment concerned.’
Amendment 138 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – introductory part
Article 3 – paragraph 4 – subparagraph 3 – introductory part
With respect to radio equipment capable of being recharged via means other than wired charging, the Commission is empowered to adopt delegated acts within five years of entry into application of this Directive in accordance with Article 44 in order to amend Annex Ia in the light of technical progress or market developments, and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
Amendment 156 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Economic operators shall provide information whether or not a charging device is included with radio equipment referred to in Article 3(4) when such equipment is made available to consumers and end-users. Such information shall be displayed by means of visual elements and placed in a prominent position, in case of all forms of supply, on the product packaging.
Amendment 160 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3
Article 10 – paragraph 8 – subparagraph 3
‘Radio equipment falling within the scope of Article 3(4) first subparagraph shall also be accompanied by information on specifications relating to charging capabilities and to its charging device, as described in Annex Ia, Part II. In addition to being included in the instructions accompanying the radio equipment, the information shall also be displayed by means of labelling. The label shall be placed in a prominent position, in case of all forms of supply, on the product packaging. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part II, by introducing, modifying, adding or removing any details in relation to that information or the way that such information shall be indicated.’;
Amendment 169 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2014/53/EU
Article 43 – paragraph 1 – point h
Article 43 – paragraph 1 – point h
(a) in point (h), the words ‘information on the intended use of radio equipment’ are replaced by the words ‘the information’; is replaced by the following: ‘the information, the EU declaration of conformity or usage restrictions as set out in Article 10(8), (9) and (10) does not accompany the radio equipment or the pictogram set out in Article 3a(2) or the label set out in Article 10(8), third subparagraph, are not displayed’.
Amendment 185 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part 1 – paragraph 1 – introductory part
Annex I a – Part 1 – paragraph 1 – introductory part
1. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakerRadio equipment falling under the scope of this Directive and operating with power delivery of up to or less than 100 watts, in so far as they are capable of being recharged via wired charging, shall:
Amendment 190 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part 1 – paragraph 1 – point b
Annex I a – Part 1 – paragraph 1 – point b
(b) be capable, in the case of charging power lower than 6100 watts, of being charged with cables which comply with the standard EN IEC 62680-1-3:2021 ‘Universal serial bus interfaces for data and power - Part 1-3: Common components - USB Type-CTM Cable and Connector Specification’.
Amendment 194 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 2 – introductory part
Annex I a – Part I – paragraph 2 – introductory part
2. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakerRadio equipment falling under the scope of this Directive and operating with power delivery of up to or less than 100 watts, in so far as they are capable of being recharged via wired charging at voltages higher than 5 volts or currents higher than 3 amperes or powers higher than 15 watts, shall:
Amendment 216 #
2021/0223(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Publicly accessible recharging or refuelling points include, for example, privately owned recharging or refuelling points accessible to the public that are located on public or private properties, such as public parkings or parkings of supermarkets. A recharging or refuelling point located on a private property that is accessible to the general public should be considered as publicly accessible also in cases where access is restricted to a certain general group of users, for example to clients. Recharging or refuelling points for car-sharing schemes should only be considered accessible to the public if they explicitly allow access for third party users. Recharging or refuelling points located on private properties, access to which is restricted to a limited, determinate circle of persons, such as parking lots in office buildings to which only employees or authorised persons have access, or hotel garages only open to hotel guests, should not be considered as publicly accessible recharging or refuelling points.
Amendment 219 #
2021/0223(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The possibility to develop advanced digital services, including contract-based payment solutions, and to ensure transparent user information by digital means depends on the deployment of digitally connected, cybersecure and smart recharging points that support the creation of a digitally connected resilient and interoperable infrastructure51 . Those smart recharging points should comprise a set of physical attributes and technical specifications (hardware and software) that are necessary to safely send and receive data in real time, enabling the flow of information between market actors that are dependent on these data for fully developing the recharging experience, including charging point operators, mobility service providers, e- roaming platforms, distribution systems operators and, ultimately, end consumers. _________________ 51 In line with the principles laid down in the European Interoperability Framework – Implementation Strategy, COM/2017/0134 final.
Amendment 369 #
2021/0223(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In light of the increasing diversity in the type of fuels for motorised vehicles coupled with on-going growth in the road mobility of citizens across the Union, it is necessary to provide vehicle users with clear and easy-to-understand information on the fuels available at refuelling stations and on the compatibility of their vehicle with different fuels or recharging points on the Union market. Member States should be able to decide to implement such information measures also in respect of vehicles placed on the market before 18 November 2016.
Amendment 373 #
2021/0223(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Simple and easy-to-compare information on the prices of different fuels could play an important role in enabling vehicle users to better evaluate the relative cost of individual fuels available on the market. Therefore, a unit price comparison of certain alternative fuels and conventional fuels, expressed as ‘fuel price per 100km’, should be displayed for information purposes at all relevant fuel stations.
Amendment 384 #
2021/0223(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Alternative fuels infrastructure is a fast developing area. The lack of common technical specification constitutes a barrier for the creation of a single market of alternative fuels infrastructure. Therefore, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to norm technical specifications for areas where common technical specifications are outstanding but necessary. In particular, this should include the communication between the electric vehicle and the recharging point, the communication between the recharging point and the recharging software management system (back-end); the communication related to the electric vehicle roaming service and the communication with the electricity grid, while ensuring the highest level of cybersecurity protection and protection of final customers´ personal data. It is also necessary to define the suitable governance framework and roles of the different actors involved in the vehicle-to- grid communication ecosystem. Moreover, emerging technological developments, such as electric road systems (‘ERS’) have to be accounted for. As concerns data provision, it is necessary to provide for additional data types and technical specifications related to the format, the frequency and the quality in which these data should be made available and accessible.
Amendment 407 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – indent 2
Article 2 – paragraph 1 – point 3 – point a – indent 2
– hydrogen and hydrogen derived fuels,
Amendment 409 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – indent 3
Article 2 – paragraph 1 – point 3 – point a – indent 3
Amendment 421 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 1
Article 2 – paragraph 1 – point 3 – point b – indent 1
– biomass fuels and biofuels as defined in Article 2, points (27) and (33) of Directive (EU) 2018/2001,bio- hydrogen, bio-ammonia, bio-methanol, bio-methane, bio-LNG;
Amendment 452 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
(38) ‘publicly accessible’ alternative fuels infrastructure, means an alternative fuels infrastructure which is located at a site or premise that is open to the general public without prior registration or membership, irrespective of whether the alternative fuels infrastructure is located on public or on private property, whether limitations or conditions apply in terms of access to the site or premise and irrespective of the applicable use conditions of the alternative fuels infrastructure;
Amendment 465 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 44
Article 2 – paragraph 1 – point 44
(44) ‘recharging pool’ means one or more recharging stations operated by the same charging point operator at a specific location;
Amendment 495 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
– publicly accessible recharging stations for light-duty vehicles are deployed commensurate to the uptake of light-duty electric vehicles including passenger cars and light commercial vehicles;
Amendment 498 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 1 a (new)
Article 3 – paragraph 1 – indent 1 a (new)
- at least one recharging station at recharging pool in urban areas and along TEN-T core and TEN-T comprehensive network is dedicated to light commercial vehicles with a trailer, taking into account their special demands relating to the amount of cargo space used by such vehicles;
Amendment 653 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a – introductory part
Article 5 – paragraph 2 – point a – introductory part
(a) operators of recharging points shall, at publicly accessible recharging stations with a power output below 50 kW, deployed from the date referred to in Article 24, accept electronic payments through terminals and devices used for payment services, including at least one of the following:
Amendment 661 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a – point iii
Article 5 – paragraph 2 – point a – point iii
Amendment 670 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 691 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Operators of recharging points shall, when they offer automatic authentication at a publicly accessible recharging point operated by them, ensure that end users always have the right not to make use of the automatic authentication and may either recharge their vehicle on an ad hoc basis, as provided for in paragraph 3, or use another non mandatory contract- based or subscription recharging solution offered at that recharging point. Operators of recharging points shall transparently display that option and offer it in a convenient manner to the end user, at each publicly accessible recharging point that they operate and where they make available automatic authentication. Technical solutions to implement the above requirement shall not complicate the use of automatic authentication for users who do wish to make use of it.
Amendment 699 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Operators of recharging points shall make easily and clearly display the ad hoc price and all its components at all publicly accessible recharging stations operated by them so that these are known to end users before they initiate a recharging session. At least the following price components, if applicable at the recharging station,, on a digital or remote display such as a mobile phone or in the vehicle itself, so that these are known to end users before they initiate a recharging session. The price per kWh shall be clearly displayed:.
Amendment 703 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 5 – indent 1
Article 5 – paragraph 5 – indent 1
Amendment 709 #
Amendment 715 #
Amendment 719 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. From the date referred to in Article 24, operators of recharging points shall ensure that all new publicly accessible recharging points operated by themthey establish are digitally-connected recharging points and include e-roaming functionality. For existing standard charging points, a transitional period for conversion is established until 2027.
Amendment 724 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. From the date referred to in Article 24, operators of recharging points shall ensure that all new publicly accessible normal power recharging points operated by them recharging points they establish are digitally-connected recharging points. For existing standared capable of smart rechargingharging points, a transitional period for conversion is established until 2027.
Amendment 756 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
They shall ensure that by 31 December 2030, at least one publicly accessiblthe hydrogen refuelling stationinfrastructure is deployed in each urban node with capacity proportionate to the fleet of vehicles using alternative fuels. An analysis on the best location shall be carried out for such refuelling stations that shall in particular consider the deployment of such stations in multimodal hubs where also other transport modes could be supplied.
Amendment 794 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall ensure untilby 1 January 202530 that an appropriate number of publicly accessible refuelling points for LNG, proportionate to the size of the LNG fleet, are put in place, at least along the TEN-T core network, in order to allow LNG heavy-duty motor vehicles to circulate throughout the Union, where there is demand, unless the costs are disproportionate to the benefits, including environmental benefits.
Amendment 818 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure - and provide the necessary support - that a minimum shore-side electricity supply for seagoing container and passenger ships is provided in maritime ports. To that end, Member States shall take the necessary measures to ensure that by 1 January 2030:
Amendment 822 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) TEN-T core and TEN-T comprehensive maritime ports whose average annual number of port calls over the last three years by seagoing container ships above 5000 gross tonnes, in the previous three years, is above 50 have sufficient shore-side power output to meet at least 90% of that demand, while considering actual as well as future market needs and ensuring return on investment when private operators are asked to provide OPS;
Amendment 833 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) TEN-T core and TEN-T comprehensive maritime ports whose average annual number of port calls over the last three years by seagoing ro-ro passenger ships and high-speed passenger craft above 5000 gross tonnes, in the previous three years, is above 40 have sufficient shore-side power output to satisfy at least 90% of that demand, while considering actual and future market needs and ensuring return on investment when private operators are asked to provide OPS;
Amendment 840 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) TEN-T core and TEN-T comprehensive maritime ports whose average annual number of port calls over the last three years by passenger ships other than ro-ro passenger ships and high- speed passenger craft above 5000 gross tonnes, in the previous three years, is above 25 have sufficient shore-side power output to meet at least 90% of that demand., while considering actual and future market needs and ensuring return on investment when private operators are asked to provide OPS;
Amendment 905 #
2021/0223(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that an appropriate number of refuelling points for LNG, proportionate to the size and consumption of the LNG-fuelled vessels, are put in place at TEN-T core maritime ports referred to in paragraph 2, to enable seagoing ships to circulate throughout the TEN-T core network by 31 JanuaryDecember 2025. Member States shall cooperate with neighbouring Member States where necessary to ensure adequate coverage of the TEN-T core network.
Amendment 911 #
2021/0223(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall designate in their national policy frameworks TEN-T core maritime ports that shall provide access to the refuelling points for LNG referred to in paragraph 1, also taking into consideration actual and expected future market needs and developments, while ensuring return on investment when private operators are asked to provide LNG refuelling points.
Amendment 950 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. By 1 January 2024, each Member State shall prepare and send to the Commission a draft national policy framework including a detailed funding plan for the development of the market as regards alternative fuels in the transport sector and the deployment of the relevant infrastructure.
Amendment 967 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point g
Article 13 – paragraph 1 – subparagraph 1 – point g
(g) measures to promote alternative fuels infrastructure in urban nodes, in particular with respect to publicly accessible recharging points;
Amendment 978 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point k
Article 13 – paragraph 1 – subparagraph 1 – point k
(k) measures to remove possible obstacles with regards to planning, permitting and procuring of alternative fuels infrastructure as well as ensure the following:;
Amendment 979 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point k – point i (new)
Article 13 – paragraph 1 – subparagraph 1 – point k – point i (new)
i) the density of publicly accessible alternative fuels infrastructure nationally available takes into account the population density and the number of registrations of vehicles, powered by alternative fuels as referred to in Article 2 (3), in the local area based on NUTS 3 level in accordance with the latest NUTS classification;
Amendment 980 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point k – point ii (new)
Article 13 – paragraph 1 – subparagraph 1 – point k – point ii (new)
ii) the minimum fleet-based vehicle to charger ratio of 10:1.
Amendment 989 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point m
Article 13 – paragraph 1 – subparagraph 1 – point m
(m) a deployment plan for alternative fuels infrastructure in maritime ports, in particular for electricity and hydrogen, for port services as defined in Regulation (EU) 2017/352 of the European Parliament and of the Council66 , while considering actual as well as future market needs and ensuring return on investment when private operators are asked to provide refuelling and recharging infrastructure; _________________ 66 Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1).
Amendment 993 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point n
Article 13 – paragraph 1 – subparagraph 1 – point n
(n) a deployment plan for alternative fuels infrastructure in maritime ports other than for LNG and shore-side electricity supply for use by sea going vessels, in particular for hydrogen, ammonia and electricity;, while considering actual as well as future market needs and ensuring return on investment when private operators are asked to provide refuelling and recharging infrastructure.
Amendment 1001 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point o
Article 13 – paragraph 1 – subparagraph 1 – point o
(o) a deployment plan for alternative fuels in inland waterway transport, in particular for both hydrogen and electricity;
Amendment 1006 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p
Article 13 – paragraph 1 – subparagraph 1 – point p
(p) a deployment plan including targets, key milestones and financing needed, for hydrogen or battery electric trainalternative fuels on network segments that will not be electrified.
Amendment 1026 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that national policy frameworks take into account, as appropriate, the interests of regional and local authorities, in particular when recharging and refuelling infrastructure for public transport is concerned, as well as those of the stakeholders concerned, in particular transport and energy infrastructure providers.
Amendment 1088 #
2021/0223(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Relevant, consistent and clear information shall be made available as regards motor vehicles which can be regularly fuelled with individual fuels placed on the market, or recharged by recharging points. That information shall be made available in motor vehicle manuals, at refuelling and recharging points, on motor vehicles and in motor vehicle dealerships in their territory. This requirement shall apply to all motor vehicles, and their motor vehicle manuals, placed on the market after 18 November20 March 20216.
Amendment 1090 #
2021/0223(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) on corresponding pumps and their nozzles at all new and refurbished refuelling points, as from the date on which fuels are placed on the market; or
Amendment 1091 #
2021/0223(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) in the immediate proximity of all fuel tanks' filling caps of motor vehicles recommended for and compatible with that fuel and in motor vehicle manuals, when such motor vehicles are placed on the market after 18 November20 March 20216.
Amendment 1092 #
2021/0223(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 1105 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a – point iv a (new)
Article 18 – paragraph 2 – point a – point iv a (new)
Amendment 1115 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii
Article 18 – paragraph 2 – point c – point iii
(iii) ad hoc price and any possible additional charges.
Amendment 1118 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii a (new)
Article 18 – paragraph 2 – point c – point iii a (new)
(iii a) accepted payment methods
Amendment 1127 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure the accessibility of data on an open and non- discriminatory basis to all stakeholders through their National Access Point in application of Directive 2010/40/EU of the European Parliament and the Council67 . Where data has been made available at no cost by charging point operators, it shall be made available to end users at no cost by member states. _________________ 67 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (OJ L 207, 6.8.2010, p. 1).
Amendment 1133 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 1 (new)
Article 18 – paragraph 4 – subparagraph 1 (new)
Where these additional specifications create a significant burden on recharging point operators in terms of business impact or efforts related to data collection and provision, the data shall be made available at a reasonable and non- discriminatory cost.
Amendment 71 #
2021/0214(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The European Green Deal with its ambitious objectives has brought to the increase of cost for European producers, thus it is necessary to have an instrument to ensure a level playing field with third countries, which do not have the same ambitious climate policies as the EU has.
Amendment 79 #
2021/0214(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Tackling carbon leakage requires a global action. The European Union must not only lead by example, but also cooperate with its partners to establish a global carbon price or create a climate club with “like-minded partners” as a long-term solution. Thus, the European Union should reinforce its climate diplomacy and open discussion with third countries, which are interested in adopting similar measure to CBAM, in order to harmonise their instruments.
Amendment 82 #
2021/0214(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition, while at the same time ensuring a level playing field in order to preserve the competitiveness of EU industries.
Amendment 94 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, fFree allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissionsat the level of the benchmark, which safeguards the sector-wide incentive to reduce emissions under the ETS, has proven to be an effective measure to reduce the risk of carbon leakage.
Amendment 127 #
2021/0214(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTOa level playing field in order to preserve the compaetibilitytiveness of EU industries.
Amendment 131 #
2021/0214(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to exclude from the CBAM third countries or territories fully integrated into, or linked, to the EU ETS in the event of future agreements, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of amending the list of countries in Annex II. Conversely, those third countries or territories should be excluded from the list in Annex II and be subject to CBAM whereby they do not effectively charge the ETS price on goods exported to the Union. The Commission should continuously monitor this and inform the Parliament and the Council if any change occurs
Amendment 136 #
2021/0214(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transition period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS. Including indirect emissions and pricing them in the CBAM should be done only once the mismatch between indirect carbon costs and indirect carbon emissions has been reduced to a minimum, as the European electricity grid decarbonises.
Amendment 165 #
2021/0214(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort; fourthly, the impact of Covid-19 on global supply chain disruption and the increasing of prices in raw materials and other strategic sectors.
Amendment 183 #
2021/0214(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) Circumvention practices must be prohibited, where a change in the pattern of trade between third countries and the Union, or between third countries, or between individual companies, or within the same undertaking, in relation with products included in the scope of this Regulation, whether slightly modified or not, stems from a practice, process or work that have insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation. Those practices should include all types of circumvention practices, including resource shuffling, cost absorption, manipulation of emissions data, wrongful labelling of goods and slight modifications of the product so as to import a product under a different Customs Code thereby avoiding this Regulation. In case of circumvention as well as absorption practices or repeated infringements of the provisions of this Regulation, stronger penalties should apply to avoid undermining the effectiveness of the CBAM regime.
Amendment 230 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage and at the same time ensure a level playing field to preserve the competitiveness of EU industries.
Amendment 237 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism willshould, if effective, progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive, without prejudice to the maintenance of EU ETS allowances allocated free of charge until 2030 and only provided that the CBAM has proven to be effective to prevent the risk of carbon leakage both for imports into or exports from the customs territory of the Union.
Amendment 289 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Commission is empowered to adopt implementing acts concerning detailed rules regarding the elements of the calculation methods set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and default values and their respective application to individual goods as well as laying down methods to ensure the reliability of data on the basis of which the default values shall be determined, including the level of detail and the verification of the data. Where necessary, those acts shall provide that the default values can be adapted to particular areas, regions or countries to take into account specific objective factors such as geography, natural resources, market conditions, prevailing energy sources, or industrial processes. The implementing acts shall build upon existing legislation for the verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Implementing Regulation (EU) No 2018/2067.
Amendment 299 #
2021/0214(COD)
3. The Commission is empowered to adopt implementing acts concerning the principles of verification referred to in paragraph 1 as regards the possibility to waive the obligation for the verifier to visit the installation where relevant goods are produced and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report. Provisions laid down in such implementing acts shall be equivalent to the provisions set in Regulation 2018/2067.
Amendment 306 #
2021/0214(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The authorised declarant shall keep records of the documentation, certified by an independent person, required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation.
Amendment 314 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. (1) The Commission shall, upon request by a register the information on operators of an installations located in a third country, register the information on that operator and on itsies and on those installation in a central database referred to in Article 14(4).
Amendment 318 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shall be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable any competent authority to verify and to review, in accordance with Article 19(1), the CBAM declaration made by an authorised declarant to whom the relevant information was disclosed in accordance with paragraph 8.
Amendment 323 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The operator may, at any timefter10 years, ask to be deregistered from the database.
Amendment 348 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The information in the database referred to in paragraph 2 shall be confidentialmade available to the public, unless it is proven that it is business confidential according to the relevant EU legislation. Confidential information shall include meaningful non-confidential summaries. Information equivalent to the one made publicly available for EU producers under the EU ETS central database shall be made public.
Amendment 350 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission shall establish a central database accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public.
Amendment 354 #
2021/0214(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. If irregularities are identified as a result of the controls carried out under paragraph 2, the Commission shall inform the Member State or Member States concerned for further investigation in order to correct the identified irregularities. . Identified irregularities shall be corrected at the latest within one month from the day where they were identified, and, where appropriate, penalties pursuant to Article 27 shall apply.
Amendment 360 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the declarant hasand the operators of installations located in third countries from whom the declarants sources goods have respectively not been involved in a serious infringement or repeated infringements of customs legislation, circumvention of antidumping or antisubsidy duties, taxation rules and market abuse rules and hasve no record of serious criminal offences relating to its economic activity during the five years preceding the application;
Amendment 381 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The competent authority mayshall review the CBAM declaration within the period ending with the fourth year after the year in which the declaration should have been submitted. The review may consist in verifying the information provided in the CBAM declaration on the basis of the information communicated by the customs authorities in accordance with Article 25(2) and any other relevant evidence, and on the basis of any audit deemed necessary, including at the premises of the authorised declarant.
Amendment 386 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where a CBAM declaration in accordance with Article 6 has not been submitted, the competent authority of the Member State of establishment of the authorised declarant shall assess the CBAM obligations of that declarant on the basis of the information at its disposal and calculate the total number of CBAM certificates due at the latest by the 31 December of the fourth year following that when the CBAM declaration should have been submitted.
Amendment 399 #
2021/0214(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Usage of revenues from the sale of CBAM certificates 1.The revenues generated from the sale of CBAM certificates, or the equivalent in financial value of these revenues, shall be used to help European industries in decarbonising their production and in deploying low-carbon technologies, since they are facing higher production costs due to the ambitious objectives set by the European Green Deal, as well as to cover the cost of administration of the CBAM. 2. To ensure transparency of the use of revenues generated from the sale of CBAM certificates the Commission shall, on a yearly basis, report to the European Parliament and the Council on how the revenues from the sale of CBAM certificates, or the equivalent in financial value of these revenues, from the previous year has been used.
Amendment 416 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulationbetween third countries and the Union or between third countries themselves or between individual companies or within the same undertaking in relation to goods included in the scope of this Regulation , whether slightly modified or not, stems from a practice, process or work that has insufficient due cause or economic justification other than avoiding obligations or seeking benefits as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulationor undermining their effects, including on overall GHG emissions and on prices of the goods concerned.
Amendment 421 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. The practice, process or work referred to in paragraph 2 include, inter alia: (a) the slight modification of the goods included in the scope of this Regulation to make it fall under customs codes which are normally not subject to the obligations of this Regulation, provided that the modification does not alter its essential characteristics;(b) false declarations as to the identity of the producer of the goods or of the nature of the goods or the production process involved to product these goods;(c) the consignment of the goods via third countries to which more favourable obligations apply; (d) the reorganisation by exporters or producers of their patterns and channels of sales in order to avoid obligations as laid down in this Regulation, or undermine their effects, including on overall GHG emissions and on prices of the goods, for instance via practices of resource shuffling.(e) the assembly of parts by an assembly operation in the Union or a third country to avoid obligations as laid down in this Regulation.
Amendment 423 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 b (new)
Article 27 – paragraph 2 b (new)
2 b. Following a complaint made by any party, or at the request of Member States or on its own initiative, the Commission may decide, following an investigation, to extend obligations laid down in this regulation, in whatever way is necessary to prevent future circumvention of the present Regulation, when circumvention of the measures in force is taking place. This includes the possibility for the Commission to impose a penalty on an authorised Declarant involved in the circumvention, if this is proportionate, from the date of registration of imports. Given the circumstances of the individual case, the Commission may also decide to ban those imports from entering the Union territory during a certain period or to prevent the authorized Declarant and any of its related parties to import goods subject to the present Regulation into the Union for a certain period.
Amendment 424 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 c (new)
Article 27 – paragraph 2 c (new)
2 c. Decisions referred to in paragraph 2b shall be subject to an appeal procedure.
Amendment 425 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 d (new)
Article 27 – paragraph 2 d (new)
2 d. Investigations shall be initiated pursuant to this Article on the initiative of the Commission or at the request of a Member State or of any interested party on the basis of sufficient evidence regarding possible circumvention practices as defined in paragraphs 2 and 2a. Initiations shall be made by means of a Commission regulation which shall also instruct customs authorities of Member States to subject imports to registration in accordance with Article 27(5). The Commission shall provide information to the Member States once a party or a Member State has submitted a request to initiate an investigation and the Commission has completed its analysis thereof, or where the Commission has it self determined that there is a need to initiate an investigation.
Amendment 426 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 e (new)
Article 27 – paragraph 2 e (new)
2 e. Investigations shall be carried out by the Commission. The Commission may be assisted by customs authorities and the investigation shall be concluded within 4 months.
Amendment 427 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 f (new)
Article 27 – paragraph 2 f (new)
2 f. Where the facts as finally ascertained justify the extension of obligations, this shall be done by the Commission adopting delegated acts.
Amendment 428 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 g (new)
Article 27 – paragraph 2 g (new)
Amendment 433 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A Member State or any party affected or benefitted by the situations described in paragraphs 2 to 2f may notify the Commission if it is confronted, over a two- month period compared with the same period in the preceding year with a significant decrease in the volume of imported goods included in the scope of this Regulation and an increase of volume of imports of slightly modified products, which are not included in the list of goods in Annex I. The Commission shall continually monitor any significant change of pattern of trade of goods and slightly modified products at Union level.
Amendment 443 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 a (new)
Article 27 – paragraph 5 a (new)
5 a. The Commission shall regularly 1a report to the European Parliament and the Council on the practices of circumvention relating to the CBAM. _________________ 1a at least on an annual basis
Amendment 452 #
2021/0214(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Amendment 465 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to include EU exports to third countries, indirect emissions and goods other than those listed in Annex I, including downstream products using goods covered by this Regulation, and develop methods of calculating embedded emissions based on environmental footprint methods. While the CBAM applied to EU imports addresses the risk of carbon import leakage to the EU market, a level playing field must also be ensured for European products that are exported outside the EU.
Amendment 475 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, an in-depthe assessment - developed in close cooperation with the industrial sectors, of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, including down stream products using goods covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future. Finally it contains an assessment of extending the scope of this Regulation by including an export adjustment mechanism or the maintenance of free allowances for the EU production destined to the export, in order to ensure a level playing field also for European products that are exported.
Amendment 484 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. 1.Following the transitional period, the Commission shall introduce a two-year testing period during which it shall in a transparent way collect and verify data, in cooperation with interested industrial sectors, in order to assess the effectiveness of the CBAM in addressing the risk of carbon leakage as well as in ensuring a global level playing field in order to preserve the competitiveness of EU industry. 2.In 2029 the Commission shall present a report to the European Parliament and the Council regarding the effectiveness of the CBAM.The report shall also include the selected option to address the export exposure, regarding the effectiveness of the CBAM based on the data collected according to paragraph 1. 3. The report by the European Commission may be accompanied by a legislative proposal to amend the scope of this Regulation, including if the assessment of the effectiveness of the CBAM in tackling carbon leakage shows that EU ETS allowances allocated free of charge in accordance with Article 10a of Directive 2003/87/EC remain necessary to prevent the risk of carbon leakage after 2030.
Amendment 487 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The report by the Commission shall, if appropriate, be accompanied by a legislative proposal. The proposal should consider, inter alia, the option to maintain the allocation of free allowances for EU exports and to allocate a refund for the carbon costs that EU producers incur under the EU Emissions Trading System.
Amendment 505 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point d
Article 35 – paragraph 2 – point d
(d) the carbon price due in a country of origin for the embedded emissions in the imported goods, which is not subject to an export rebate or other form of compensation on exportation.
Amendment 65 #
2021/0211(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriatemight be highly detrimental that the EU ETS would covers a share of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State,because it might cause a loss of competitiveness to our ports, especially in the transhipment sector. In addition, ships operating routes included in the Motorways of the Seas or granting territorial continuity as a public service to islands should not be considered in the scope of the EU ETS, in order to avoid the concrete risk of a modal backshift to more pollutant sectors in the former case, as well as the risk of endangering territorial continuity in the latter one. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and fifty percent of emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. To ensure a smooth inclusion of the sector in the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 20238 to 202530. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 202631, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. __________________ 49 Paris Agreement, Article 4(4).
Amendment 102 #
2021/0211(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, as well asvestments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels and infrastructures, such as LNG as a middle- term solution, and hydrogen and ammonia as a long-term solution, but also zero- emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels and infrastructures in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. __________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 113 #
2021/0211(COD)
Proposal for a directive
Recital 43
Recital 43
Amendment 129 #
2021/0211(COD)
Proposal for a directive
Recital 45
Recital 45
Amendment 143 #
2021/0211(COD)
Proposal for a directive
Recital 48
Recital 48
Amendment 153 #
2021/0211(COD)
Proposal for a directive
Recital 49
Recital 49
Amendment 155 #
2021/0211(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 165 #
2021/0211(COD)
Proposal for a directive
Recital 51
Recital 51
Amendment 170 #
2021/0211(COD)
Proposal for a directive
Recital 52
Recital 52
Amendment 183 #
2021/0211(COD)
Proposal for a directive
Recital 54
Recital 54
Amendment 188 #
2021/0211(COD)
Proposal for a directive
Recital 55
Recital 55
Amendment 192 #
2021/0211(COD)
Proposal for a directive
Recital 56
Recital 56
Amendment 202 #
2021/0211(COD)
Proposal for a directive
Recital 57
Recital 57
Amendment 204 #
2021/0211(COD)
Proposal for a directive
Recital 58
Recital 58
Amendment 206 #
2021/0211(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriatemight be highly detrimental that the EU ETS would covers a share of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Unionbecause it might cause a loss of competitiveness to our ports, especially in the transhipment sector. In addition, ships operating routes included in the Motorways of the Seas or granting territorial continuity as a public service to islands should not be considered in the scope of the EU ETS, in order to avoid the concrete risk of a modal backshift to more pollutant sectors in the former case, as well as the risk of endangering territorial continuity in the latter one. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and fifty percent of emissions at berth in a port under the jurisdiction of a Member State. To ensure a smooth inclusion of the sector in the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 20238 to 202530. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 202631, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. _________________ 49 Paris Agreement, Article 4(4).
Amendment 212 #
2021/0211(COD)
Proposal for a directive
Recital 59
Recital 59
Amendment 216 #
2021/0211(COD)
Proposal for a directive
Recital 60
Recital 60
Amendment 230 #
2021/0211(COD)
Proposal for a directive
Recital 66
Recital 66
Amendment 232 #
2021/0211(COD)
Proposal for a directive
Recital 67
Recital 67
(67) It is necessary to amend Regulation (EU) 2015/757 to take into account the inclusion of the maritime transport sector in the EU ETS. Regulation (EU) 2015/757 should be amended to modify the threshold set out in that Regulation from 5 000 GT of size to 5 000 Kw of engine propulsion, in order to take into account all the relevant emitters in maritime sector. Moreover, Regulation (EU) 2015/757 should be amended to oblige companies to report aggregated emissions data at company level and to submit for approval their verified monitoring plans and aggregated emissions data at company level to the responsible administering authority. In addition, the Commission should be empowered to adopt delegated acts to amend the methods for monitoring CO2 emissions and the rules on monitoring, as well as any other relevant information set out in Regulation (EU) 2015/757, to ensure the effective functioning of the EU ETS at administrative level and to supplement Regulation (EU) 2015/757 with the rules for the approval of monitoring plans and changes thereof by administering authorities, with the rules for the monitoring, reporting and submission of the aggregated emissions data at company level and with the rules for the verification of the aggregated emissions data at company level and for the issuance of a verification report in respect of the aggregated emissions data at company level. The data monitored, reported and verified under Regulation (EU) 2015/757 might also be used for the purpose of compliance with other Union law requiring the monitoring, reporting and verification of the same ship information.
Amendment 246 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point v
Article 3 – point v
(v) ‘shipping company’ means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over the duty to comply, entirely or partially, with this Directive as well as all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention, set out in Annex I to Regulation (EC) No 336/2006 of the European Parliament and of the Council (*);
Amendment 263 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point x
Article 3 – point x
Amendment 265 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point y
Article 3 – point y
Amendment 268 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point z
Article 3 – point z
Amendment 269 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2003/87/EC
Article 3a
Article 3a
Articles 3b to 3f shall apply to the allocation and issue of allowances in respect of the aviation activities listed in Annex I. Articles 3g to 3ge shall apply in respect of the maritime transport activities listed in Annex I, with the exception of ships operating routes included in the Motorways of the Seas or performing services of general economic interest (SGEI) under public service obligations (PSOs), including granting territorial continuity.
Amendment 271 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1
Article 3g – paragraph 1
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of theCO2 emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, fifty percent (50 %) of the emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, one hundredunder the jurisdiction of a Member State and fifty percent (1050 %) of emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and one hundred percent (100 %) ofCO2 emissions from ships at berth in a port under the jurisdiction of a Member State.
Amendment 280 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1 a (new)
Article 3g – paragraph 1 a (new)
Amendment 281 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1 b (new)
Article 3g – paragraph 1 b (new)
1 b. European Commission shall pursue with the establishment of global market-based measure in partnership with the International Maritime Organization (IMO) in order to extend the scope of the EU ETS for maritime transport to cover the CO2 emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State and emissions from ships performing voyages from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State.
Amendment 286 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/83/EC
Article 3ga – paragraph 1 – point a.
Article 3ga – paragraph 1 – point a.
(a) 20 % of verified emissions reported for 20239;
Amendment 288 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/83/EC
Article 3ga – paragraph 1 – point b
Article 3ga – paragraph 1 – point b
(b) 45 % of verified emissions reported for 202430;
Amendment 294 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point c
Article 3ga – paragraph 1 – point c
(c) 70 % of verified emissions reported for 202531;
Amendment 295 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point d
Article 3ga – paragraph 1 – point d
(d) 100 % of verified emissions reported for 20326 and each year thereafter.
Amendment 301 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
Article 3ga – paragraph 2
To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport for the years 20239, 202430 and 202531, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10. The phasing in of the EU ETS for the maritime sector shall be conditional on a full assessment to be conducted before 2028 that ascertain the availability of alternative fuels and technologies and an adequate infrastructural network in each EU Member State. Based on the above assessment, the phasing-in shall be further postponed and/or differentiated geographically based on the effective availability of alternative fuels and technologies at national level. By way of derogation, regular passenger and ferry services engaged in cabotage and island cabotage operations shall be temporarily exempted until a full assessment demonstrates the availability of alternative fuels and technologies in the areas concerned.
Amendment 314 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd a (new)
Article 3gd a (new)
Article 3gd a The Commission shall establish a dedicated Maritime Transport Fund to support and accelerate projects, investments and innovations in the EU maritime sector. At least 75% of the revenues generated from the auctioning of allowances referred to in Article 3g shall be allocated to this Fund. The dedicated Fund shall support and facilitate the transition to energy efficient and climate resilient EU maritime sector, providing funding to companies for technological, fleet renewal and retrofitting investments as well as to support improvement of the energy efficiency of ships and ports and the deployment of the necessary infrastructure for decarbonising the maritime transport sector. The remained 25% of revenues generated from the auctioning of allowances shall be allocated to the Innovation Fund, in order to support the deployment and realization of intermodal projects, shift to rail and combined transport within the ports included in the TEN-T core network.
Amendment 316 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd – paragraph 2 – point a
Article 3gd – paragraph 2 – point a
(a) before 1 February 20249, publish a list of shipping companies which performed a maritime activity listed in Annex I that fell within the scope defined in Article 3g on or with effect from 1 January 20239, specifying the administering authority for each shipping company in accordance with paragraph 1; and
Amendment 323 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 1
Article 3ge – paragraph 1
1. The Commission shall consider possible amendments in relation to the adoption by the International Maritime Organization of a global market-based measure to reduce greenhouse gas emissions from maritime transport. In the event of the adoption of such a measure, and in any event before the 20328 global stocktake and no later than 30 September 20328, the Commission shall present a report to the European Parliament and to the Council in which it shall examine any such measure. Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate.
Amendment 327 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2
Article 3ge – paragraph 2
2. The Commission shall monitor the implementation of this Chapter and possible trends as regards companies seeking to avoid being bound by the requiremennd adverse impacts as regards, inter alia, possible transport cost increases, port evasion and shift of transhipment hubs, the competitiveness of the maritime sector in the EU Member States, taking account of the specificities of each fleet segment. Particular attention should be paid to the adverse impacts ofn this Directive. If appropriate, the Commission shall propose measures to prevent such avoidance.; ose shipping services that provide essential services of “territorial continuity”. All potential impacts should be assessed considering the aggregated effects of the different policy measures under the Fit for 55 package as well as the specific impacts in each Member State. The Commission shall propose measures to prevent such adverse impacts and develop adequate support mechanisms.
Amendment 338 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million[number corresponding to scope of application to maritime transport activities as set out in Article3g of Directive 2003/87/EC] allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 348 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point h
Article 10 – paragraph 3 – point h
Amendment 363 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, alternative fuels such as LNG or zero-emission fuels such as ammonia or hydrogen, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 384 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – point c a new
Article 12 – paragraph 3 – point c a new
Amendment 406 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IVa
Chapter IVa
Amendment 456 #
2021/0211(COD)
Proposal for a directive
Article 3 – paragraph (-1 a) new
Article 3 – paragraph (-1 a) new
Regulation (EU) 2015/757
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 473 #
2021/0211(COD)
Proposal for a directive
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Directive 2003/87/EC
Annex I – point 2
Annex I – point 2
Amendment 483 #
2021/0211(COD)
Proposal for a directive
Annex I – point 3 – point c
Annex I – point 3 – point c
Directive 2003/87/EC
Annex IV – part C
Annex IV – part C
Amendment 632 #
2021/0211(COD)
Proposal for a directive
Recital 67
Recital 67
(67) It is necessary to amend Regulation (EU) 2015/757 to take into account the inclusion of the maritime transport sector in the EU ETS. Regulation (EU) 2015/757 should be amended to modify the threshold set out in that Regulation from 5 000 GT of size to 5 000 Kw of engine propulsion, in order to take into account all the relevant emitters in maritime sector. Moreover, Regulation (EU) 2015/757 should be amended to oblige companies to report aggregated emissions data at company level and to submit for approval their verified monitoring plans and aggregated emissions data at company level to the responsible administering authority. In addition, the Commission should be empowered to adopt delegated acts to amend the methods for monitoring CO2 emissions and the rules on monitoring, as well as any other relevant information set out in Regulation (EU) 2015/757, to ensure the effective functioning of the EU ETS at administrative level and to supplement Regulation (EU) 2015/757 with the rules for the approval of monitoring plans and changes thereof by administering authorities, with the rules for the monitoring, reporting and submission of the aggregated emissions data at company level and with the rules for the verification of the aggregated emissions data at company level and for the issuance of a verification report in respect of the aggregated emissions data at company level. The data monitored, reported and verified under Regulation (EU) 2015/757 might also be used for the purpose of compliance with other Union law requiring the monitoring, reporting and verification of the same ship information.
Amendment 662 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point v
Article 3 – paragraph 1 – point v
(v) ‘shipping company’ means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over the duty to comply, entirely or partially, with this Directive as well as all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention, set out in Annex I to Regulation (EC) No 336/2006 of the European Parliament and of the Council(*); _______________ (*) Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (OJ L 64, 4.3.2006, p. 1).
Amendment 684 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2003/87/EC
Article 3a – paragraph 1
Article 3a – paragraph 1
Articles 3b to 3f shall apply to the allocation and issue of allowances in respect of the aviation activities listed in Annex I. Articles 3g to 3ge shall apply in respect of the maritime transport activities listed in Annex I, with the exception of ships operating routes included in the Motorways of the Seas or performing services of general economic interest (SGEI) under public service obligations(PSOs), including granting territorial continuity.
Amendment 691 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1
Article 3g – paragraph 1
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of theCO2 emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, fifty percent (50 %) of the emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, one hundred percent (100 %) of emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and one hundredunder the jurisdiction of a Member State and fifty percent (1050 %) of CO2 emissions from ships at berth in a port under the jurisdiction of a Member State.
Amendment 706 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1 b (new)
Article 3g – paragraph 1 b (new)
1b. The Commission shall pursue with the establishment of global market-based measure in partnership with the International Maritime Organization (IMO) in order to extend the scope of the EU ETS for maritime transport to cover the CO2emissions released from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Members State and the emissions from ships at berth in a port under the jurisdiction of a Member State.
Amendment 709 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1 c (new)
Article 3g – paragraph 1 c (new)
1c. The Commission shall pursue with the establishment of global market-based measure in partnership with the International Maritime Organization (IMO) in order to extend the scope of the EU ETS for maritime transport to cover the CO2 emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State and emissions from ships performing voyages from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State.
Amendment 741 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
Article 3ga – paragraph 2
To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport for the years 20236, 20247 and 20258, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10. The phasing in of the EU ETS for the maritime sector shall be conditional on a full assessment to be conducted before 2025 that ascertain the availability of alternative fuels and technologies and an adequate infrastructural network in each Member State. Based on the above assessment, the phasing-in shall be further postponed and/or differentiated geographically based on the effective availability of alternative fuels and technologies at national level. By way of derogation, regular passenger and ferry services engaged in cabotage and island cabotage operations in the Mediterranean Sea shall be temporarily exempted until a full assessment demonstrates the availability of alternative fuels and technologies in the areas concerned.
Amendment 756 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd a (new)
Article 3gd a (new)
Article 3gda Maritime Transition Fund The Commission shall establish a dedicated Maritime Transport Fund to support and accelerate projects, investments and innovations in the EU maritime sector. At least 75 % of the revenues generated from the auctioning of allowances referred to in Article 3g shall be allocated to this Fund. The dedicated Fund shall support and facilitate the transition to energy efficient and climate resilient EU maritime sector, providing funding to companies for technological, fleet renewal and retrofitting investments as well as to support improvement of the energy efficiency of ships and ports and the deployment of the necessary infrastructure for decarbonising the maritime transport sector. The remained 25 % of revenues generated from the auctioning of allowances shall be allocated to the Innovation Fund, in order to support the deployment and realization of intermodal projects, shift to rail and combined transport within the ports included in the TEN-T core network.
Amendment 774 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2
Article 3ge – paragraph 2
2. The Commission shall monitor the implementation of this Chapter and possible trends as regards companies seeking to avoid being bound by the requiremennd adverse impacts as regards, inter alia, possible transport cost increases, port evasion and shift of transhipment hubs, the competitiveness of the maritime sector in the Member States, taking account of the specificities of each fleet segment companies seeking. Particular attention shall be paid to the adverse impacts ofn this Directive. If appropriate, the Commission shall propose measures to prevent such avoidance.;ose shipping services that provide essential services of “territorial continuity”. All potential impacts shall be assessed considering the aggregated effects of the different policy measures under the Fit for 55 package as well as the specific impacts in each Member State. The Commission shall propose measures to prevent such adverse impacts and develop adequate support mechanisms.
Amendment 810 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million[number corresponding to scope of application to maritime transport activities as set out in Article 3g of Directive 2003/87/EC] allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 874 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point h
Article 10 – paragraph 3 – subparagraph 1 – point h
Amendment 1188 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, alternative fuels such as LNG or zero-emission fuels such as ammonia or hydrogen, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 1316 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 1 – point c
Article 12 – paragraph 3 – subparagraph 1 – point c
(c) each shipping company surrenders a number of allowances equal to its total emissions during the preceding calendar year, as verified in accordance with Article 3gc. Without prejudice to Article 3gc, the following classes of vessels shall be subject to a method for surrendering and an adjusted number of allowances: (i) Ice-breakers; (ii) Ro/Ro and Ro/Pax; (iii) ships included in the scope of this Directive that are propelled, entirely or partially, by LNG and built after 2020.
Amendment 1409 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IV a
Chapter IV a
Amendment 1592 #
2021/0211(COD)
Proposal for a directive
Article 3 – paragraph 1 – point -1 a (new)
Article 3 – paragraph 1 – point -1 a (new)
Regulation (EU) 2015/757
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 105 #
2021/0210(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In the context of fuel transition to renewable and low carbon fuels and substitute sources of energy, it is essential to ensure the proper functioning of and fair competition in the EU maritime transport market regarding marine fuels, which account for a substantial share of ship operators’ costs. Total cost of ownership of shipping assets shall be a driving variable in the decisions taken by policy makers, while guiding the search for the optimal decarbonisation pathways in the shipping industry. Differences in fuel requirements across Member States of the Union can significantly affect ship operators’ economic performance and negatively impact competition in the market. Due to the international nature of shipping, ship operators may easily bunker in third countries and carry large amounts of fuel. This may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a Member State is not accompanied by a scaled production and due requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market, leaving shipping operators the choice of lower abatement cost option. This is essential to guarantee the competitiveness of European shipping industries and the relevance of logistic routes linking European ports with global trade. LNG today plays a role as a transition low- carbon fuel, while laying the ground for the roll out of bioLNG and eLNG in the forthcoming decades. The Commission shall consider the technological advantages of these decarbonized alternatives in terms of abatement cost and infrastructure readiness, particularly with regards to hydrogen and ammonia- based shipping.
Amendment 145 #
2021/0210(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) While instruments such as carbon pricing or targets on the carbon intensity of activity promote improvements in energy efficiency, they are not suited to bring about a significant shift towards renewable and low-carbon fuels in the short and medium term. A specific regulatory approach dedicated to the deployment of renewable and low-carbon marine fuels and substitute sources of energy, such as wind or electricity, is therefore necessary is therefore necessary to be implemented in a goal-based, technology neutral and cost effective manner.
Amendment 156 #
2021/0210(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Development and deployment of renewable and low carbon fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels in the short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, liquefied natural gas and other sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, liquefied natural gas and other sustainable maritime fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise maritime transport already in the short term.
Amendment 194 #
2021/0210(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The use of on-shore power supply (OPS) abates air pollution produced by ships as well as reduces the amount of GHG emissions generated by maritime transport. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing renewables share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules should be established to mandate the use of OPS by the most polluting ships, preserving the compliance between this regulation and XXX [AFIR] Regulation.
Amendment 198 #
2021/0210(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In addition to OPS, other technologies might be capable of offering equivalent environmental benefits in ports. When on a well to wake approach the use of an alternative technology is demonstrated to be equivalent to the use of OPS, a ship should be exempted from its use of OPS.
Amendment 275 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 287 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
If a thorough ex-ante impact assessment regarding the risks of cargo diversion establishes that no major negative impacts on EU ports are expected, the Commission shall propose an amendment to this Regulation aiming at applying the Regulation to X percent (X%) of the energy used on voyages departing from or arriving to a port of call under the jurisdiction of a Member State, where the last or the next port of call is under the jurisdiction of a third country.
Amendment 296 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘renewable fuels of non-biological origin’ means liquid and gaseous transport renewable fuels of non- biological origin as defined in Article 2, point (36), of Directive (EU) 2018/2001;
Amendment 363 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
[Asterix: The reference value, which calculation will be carried out at a later stage of the legislative procedure, corresponds to the fleet average greenhouse gas intensity of the energy used on-board by ships in 202019 determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I to that Regulation.] The phase-in timescale, as laid down in Paragraph 2, shall take into account the availability of alternative solutions to the use of current fuels and be revised, if necessary, on the basis of the report that the Commission shall present on the evolution of technologies and market for renewable and low fuels in maritime transport, pursuant to Article 28 of the present Regulation].
Amendment 392 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. From 1 January 2030, a ship at berth in a port of call under the jurisdiction of a Member Statemoored at the quayside in a port of call that falls within the scope of Article 9 of XXX [AFIR] Regulation, shall connect to on-shore power supply and use it for all energy needs while at berth, except for boilers and other thermal devices which can't be powered through OPS.
Amendment 418 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) that are at berthmoored at the quayside for less than two hours, calculated on the basis of hour of departure and arrival monitored in accordance with Article 14;
Amendment 430 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
(d) that are unable to connect to on- shore power supply due to unavailable connection points at the visited berth in a port;
Amendment 453 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. According to Article 28, the European Commission should present a report on the availability of infrastructures for on shore power supply in the European ports' system by 2030. In case the infrastructure is not completely built up and functioning in a given port, the exceptions listed under paragraph 3 should remain into force until its completion.
Amendment 490 #
2021/0210(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) biofuels and biogas that do not comply with point (a) or that are produced from food and feed crops of high indirect land-use change-risk shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;
Amendment 499 #
2021/0210(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
Amendment 501 #
2021/0210(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 580 #
2021/0210(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sector. Projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector, facilitate the construction of appropriate bunkering facilities or electric connection ports in ports, and support the development, testing and deployment of the most innovative European technologies in the fleet, as well as stimulating fleet renewal across the European Union maritime technology industry, to achieve significant emission reductions.
Amendment 656 #
2021/0210(COD)
Proposal for a regulation
Annex I – paragraph 4 – subparagraph 1
Annex I – paragraph 4 – subparagraph 1
Amendment 669 #
2021/0210(COD)
Proposal for a regulation
Annex II – paragraph 11
Annex II – paragraph 11
Column 7 contains the emission factor Cf for methane in [gCH4/gfuel]. Default values as contained in the table shall be used. Values certified by mean of testing can be used in place of the default values. For LNG fuels (i.e. LNG, bio-LNG and e- LNG) Cf for methane are set to zero.
Amendment 671 #
2021/0210(COD)
Proposal for a regulation
Annex II – paragraph 13
Annex II – paragraph 13
Column 9 identifies the part of fuel lost as fugitive emissions (Cslip) measure as % of mass of fuel used by the specific energy converter. Default values as contained in the table shall be used. Values certified by mean of testing can be used in place of the default values. For fuels such as LNG for which the fugitive emissions (slip) exists, the amount of fugitive emissions as presented in Table 1 is expressed in % of the mass of fuel used (Column 9). The values contained in Column 9 shall be used, in accordance with equation (1). The values of Cslip in Table (1) are calculated at 50% of the engine load. Default values as contained in the table shall be used. Values certified by mean of testing can be used in place of the default values.
Amendment 62 #
2021/0206(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The increase in the price for fossil fuels may disproportionally affect vulnerable households, vulnerable micro- enterpriseSMEs and vulnerable transport users who spend a larger part of their incomes on energy and transport, who, in certain regions, do not have access to alternative, affordable mobility and transport solutions and who may lack the financial capacity to invest into the reduction of fossil fuel consumption.
Amendment 68 #
2021/0206(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Therefore, a part of the revenues generated by the inclusion of building and road transport into the scope of Directive 2003/87/ECnew mechanisms established by the Union should be used to address the social impacts arising from that inclusion, for the transition to be just and inclusive, leaving no one behind.
Amendment 83 #
2021/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) A Social Climate (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transport on vulnerable households, vulnerable micro-enterpriseSMEs and vulnerable transport users. This should be achieved notably through temporary income support and measures and investments intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport to the benefit of vulnerable households, vulnerable micro-enterpriseSMEs and vulnerable transport users.
Amendment 94 #
2021/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) For that purpose, each Member State should submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should pursue two objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterpriseSMEs and vulnerable transport users the necessary resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low-emission vehicles and mobility. Secondly, they should mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transport poverty during the transition period until such investments have been implemented. The Plans should have an investment component promoting the long-term solution of reduce fossil fuels reliance and could envisage other measures, including temporary direct income support to mitigate adverse income effects in the shorter term.
Amendment 114 #
2021/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Taking into account the importance of tackling climate change in line with Paris Agreement commitments, and the commitment to the United Nations Sustainable Development Goals, the actions under this Regulation should contribute to the achievement of the target that 30% of all expenditure under the 2021- 2027 multiannual financial framework should be spent on mainstreaming climate objectives and should contribute to the ambition of providing 10% of annual spending to biodiversity objectives in 2026 and 2027, while considering the existing overlaps between climate and biodiversity goals. For this purpose, the methodology set out in Annex II of Regulation (EU) 2021/1060 of the European Parliament and of the Council33 should be used to tag the expenditures of the Fund. The Fund should support activities that fully respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council34 . Only such measures and investments should be included in the Plans. Direct income support measures should as a rule be considered as having an insignificant foreseeable impact on environmental objectives, and as such be considered compliant with the principle of ‘do no significant harm’. The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The guidance will explain how the measures and investments must comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The Commission intends to present in 2021 a proposal for a Council Recommendation on how to address the social aspects of the green transition. _________________ 33Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159). 34 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).
Amendment 200 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary direct income support to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC.
Amendment 209 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) finance measures and investments to increase the uptake of zero- and low- emission mobility and transport.
Amendment 229 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) an estimate of the likely effects of that increase in prices on households, and in particular on incidence of energy poverty, on micro-enterpriseSMEs and on transport users, comprising in particular an estimate and the identification of vulnerable households, vulnerable micro- enterpriseSMEs and vulnerable transport users; these impacts are to be analysed with a sufficient level of regional disaggregation, taking into account elements such as access to public transport and basic services and identifying the areas mostly affected, particularly territories which are remote and rural;
Amendment 236 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) where the Plan provides for measures referred to in Article 3(2), the criteria for the identification of eligible final recipients, the indication of the envisaged time limit for the measures in question and their justification on the basis of a quantitative estimate and a qualitative explanation of how the measures in the Plan are expected to reduce energy and transport poverty and the vulnerability of households, micro-enterpriseSMEs and transport users to an increase of road transport and heating fuel prices;
Amendment 241 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) an explanation of how the Plan ensures that no investment or measure, included in the Plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852; the Commission shall provide technical guidance to the Member States targeted to the scope of the Fund to that effect; no explanation is required for the measures referred to in Article 3(2);
Amendment 262 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) reductions in the number of vulnerable households, especially households in energy poverty, of vulnerable micro-enterpriseSMEs and of vulnerable transport users, including in rural, insular, mountainous, less accessible and remote areas.
Amendment 268 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 274 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such support shall decrease over time and be limited to the direct impact of the emission trading for buildings and road transport. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d).
Amendment 281 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Member States may include the costs of the following measures and investments in the estimated total costs of the Plans, provided they principally benefit vulnerable households, vulnerable micro- enterpriseSMEs or vulnerable transport users and intend to:
Amendment 292 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) provide access to zero- and low- emission vehicles and bikes, including financial support or fiscal incentives for their purchase as well as for appropriate public and private infrastructure, including for recharging and refuelling; for support concerning low-emission vehicles, a timetable for gradually reducing the support shall be provided;
Amendment 304 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
(f) support public and private entities in developing and providing affordable zero- and low-emission mobility and transport services and the uptake of attractive active mobility options for rural, insular, mountainous, remote and less accessible areas or for less developed regions or territories, including less developed peri- urban areas.
Amendment 223 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 5
Article 3 – paragraph 1 – indent 5
— ‘'sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive or sustainable biofuels, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive of Directive (EU) 2018/2001 and are certified in accordance with Article 30 of thisat Directive, with the exception of biofuels produced from ‘food and feed crops’ as defined in Article 2, second paragraph, point 40 of that Directive;.”
Amendment 277 #
2021/0205(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a "Book & Claim" scheme for the purchase of sustainable aviation fuels Member States may adopt a "book & claim" scheme to allow all fuel suppliers to compensate for quotas not released for consumption at minor or logistically constrained airports, as a weighted average over all the aviation fuel supplied across their territory. Aircraft operators may buy a certificate linked to the amount of sustainable aviation fuel acquired from the aviation fuel supplier. Under this scheme, the national minimum share of obligations for sustainable aviation fuel supplies shall be deemed fulfilled.
Amendment 419 #
2021/0205(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
By way of derogation from Article 4, from 1 January 20235 until 31 December 20239, for each reporting period, an aviation fuel supplier may supply the minimum share of sustainable aviation fuel defined in Annex I as a weighted average over all the aviation fuel it supplied across Union airports for that reporting period.
Amendment 437 #
2021/0205(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
It shall apply from 1st January 20233.
Amendment 438 #
2021/0205(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
However, Article 4 and 5 shall apply from 1 January 20235 and Articles 7 and Article 9 shall apply from 1st April 20234 for the reporting period of the year 20233.
Amendment 37 #
2021/0200(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to implement those commitments as well as the Union’s contributions under the Paris Agreement33 adopted under the UNFCCC, the Union regulatory framework to achieve the greenhouse gas emission reduction target should be adapted. Nevertheless, it is necessary to take into account the negative economic and social effects that the achievement of these commitments could lead to, such as the loss of jobs, the increase of energy costs and prices, and corrective measures are necessary in order to avoid energy and transport poverty. __________________ 33 Paris Agreement (OJ L 282, 19.10.2016, p. 4).
Amendment 38 #
2021/0200(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) While emissions trading will also apply to greenhouse gas emissions from road and maritime transport as well as buildings,Since the environmental externalities of road transport are already regulated by the "Eurovignette" directive and the road sector is included in the scope of this Regulation (EU) 2018/842 will be maintained. Regulation (EU) 2018/842 will therefore continue applying to the greenhouse gas emissions from domestic navigation, but not to those from international navig, it should not be included as well in the EU ETS Directive. Nevertheless, in case emissions trading also applies to greenhouse gas emissions from road and maritime transport as well as buildings, the scope of Regulation (EU) 2018/842 should be adapted in order to avoid possible over-regulation. Greenhouse gas emissions of a Member State within the scope of Regulation (EU) 2018/842 to be taken into account for compliance checks will continue to be determined upon completion of inventory reviews in accordance with Regulation (EU) 2018/1999 of the European Parliament and the Council34 . __________________ 34Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 42 #
2021/0200(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 45 #
2021/0200(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In its conclusions of 11 December 2020 the European Council mentioned that the 2030 target will be delivered collectively by the Union in the most cost- effective manner possible, that all Member States will participate in this effort, taking into account considerations of fairness and solidarity, while leaving no one behind, and that the new 2030 target needs to be achieved in a way that preserves the Union’s competitiveness and takes account of Member States’ different starting points and specific national circumstances and emission reduction potential, including those of island Member States and islands, as well as efforts made. Therefore, the achievement of climate targets cannot be detrimental to the Union's economy and Member States should be provided with adequate flexibility in order safeguard the Union's competitiveness and social standards.
Amendment 146 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) 2018/842
Article 15 – paragraph 1
Article 15 – paragraph 1
(7 a) Article 15, paragraph 1 is replaced by the following: "1. This Regulation shall be kept under review taking into account, inter alia, evolving national circumstances, the manner in which all sectors of the economy contribute to the reduction of greenhouse gas emissions, international developments and, efforts undertaken to achieve the long- term objectives of the Paris Agreement. , the progress in emission reductions of the road and maritime sectors. Therefore, the Commission shall assess and identify the existence of possible over- regulation of the abovementioned sectors. Or. en (Regulation (EU) 2018/842)
Amendment 148 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 b (new)
Article 1 – paragraph 1 – point 7 b (new)
Regulation (EU) 2018/842
Article 15 – paragraph 2
Article 15 – paragraph 2
(7 b) In Article 15, paragraph 2 is replaced by the following: "2. The Commission shall submit a report to the European Parliament and to the Council, within six months of each global stocktake agreed under Article 14 of the Paris Agreement, on the operation of this Regulation, including the balance between supply and demand for annual emission allocations, as well as on the contribution of this Regulation to the Union’s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the Paris Agreement, in particular with regard to the need for additional Union policies and measures in view of the necessary greenhouse gas emission reductions by the Union and its Member States, including a post-2030 framework, or the need of withdrawing existing policies and measures when over- regulation of specific sectors occurs, namely the road and maritime sectors in this Regulation and in the extended ETS, and may make proposals if appropriate. Or. en (Regulation (EU) 2018/842)
Amendment 28 #
2021/0197(COD)
Proposal for a regulation
–
–
The Committee on Transport and Tourism calls on the Committee on Environment, Public Health and Food Safety, as the committee responsible, to propose rejection of the Commission Proposal.
Amendment 149 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
(i) in point (a), the figure “37,5 %” is replaced by ‘5540 %’,
Amendment 153 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii
Article 1 – paragraph 1 – point 1 – point a – point ii
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(ii) in point (b), the figure “31 %” is replaced by ‘350 %’,
Amendment 155 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Article 1 – paragraph 5a
Article 1 – paragraph 5a
Amendment 166 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 173 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point d
Article 1 – paragraph 1 – point 1 – point d
Regulation (EU) 2019/631
Article 1 – paragraph 7
Article 1 – paragraph 7
Amendment 182 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/631
Article 4 – paragraph 1 – new subparagraph
Article 4 – paragraph 1 – new subparagraph
Amendment 217 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 1
Article 14a – paragraph 1
Amendment 222 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 2
Article 14a – paragraph 2
In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050. This includes the deployment of zero- and low-emission vehicles, progress in achieving the targets for the roll-out of recharging and refuelling infrastructure as required under the Alternative Fuels Infrastructure Regulation, the potential contribution of innovation technologies and sustainable alternative fuels to reach climate neutral mobility, impact on consumers, progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition towards zero emission road mobility.;
Amendment 241 #
Amendment 255 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
(i) in point (a), the figure “37,5 %” is replaced by ‘545 %’,
Amendment 266 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii
Article 1 – paragraph 1 – point 1 – point a – point ii
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(ii) in point (b), the figure “31 %” is replaced by ‘540 %’,
Amendment 280 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Article 1 – paragraph 5 a (new) – point a
Article 1 – paragraph 5 a (new) – point a
(a) for the average emissions of the new passenger carlight commercial vehicles fleet, an EU fleet-wide target equal to a 100 % 70% reduction of the target in 2021 determined in accordance with Part AB, point 6.1.32, of Annex I;.
Amendment 284 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b a (new)
Article 1 – paragraph 1 – point 1 – point b a (new)
Regulation (EU) 2019/631
Article 1 – paragraph 5 a a (new)
Article 1 – paragraph 5 a a (new)
5aa. From 1 January 2040, the following EU fleet-targets shall apply: (a) for the average emissions of the new light commercial vehicles fleet, an EU fleet-wide target equal to a 100% reduction of the target in 2021 determined in accordance with Part B, point 6.1.2, of Annex I.’,
Amendment 318 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b a (new)
Article 1 – paragraph 1 – point 3 – point b a (new)
Regulation (EU) 2019/631
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(b a) the following point is inserted: ‘(ba) sustainable and/or advanced renewable fuel’ means fuels that meet the sustainability requirements set out in Directive (EU) 2018/2001.’;
Amendment 343 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 - point a a (new)
Article 1 – paragraph 1 – point 5 - point a a (new)
(aa) the following paragraph is inserted: ‘6aa. Upon application by a manufacturer, CO2 savings deriving from the use of sustainable and/or advanced renewable fuels shall be considered. 2. The total contribution of those savings may be up to [xx] g CO2/km. 3. Within three months from the notification under Article 7(4), the manufacturer shall notify to the Commission: (a) the amount and the type of sustainable and/or advanced renewable fuel provided by a fuel supplier in a specific Member State and related to the average lifetime fuel consumption of the vehicles; (b) that the amount referred to in point (a) is additional to the obligations set by Directive (EU) 2018/2001 for the fuel supplier in the specific Member State; (c) the CO2 savings resulting from the supply of the amount of fuel in point (a) calculated following the procedures laid down in Directive (EU) 2018/2001. (d) that the vehicles referred to in point (a) are technically compatible with the use of the type of sustainable and/or advanced renewable fuel in accordance with Regulation (EC) 715/2007; (e)that the information referred to in points (a) to (d) have also been notified to the competent authority in the specific Member State according to Article 7(6).’
Amendment 359 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Amendment 360 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/631
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 392 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 1
Article 14a – paragraph 1
By 31 December 2025, and every two years thereafter, the Commission shall report on the progress towards zero emissionclimate neutral road mobility. The report shall in particular monitor and assess the need for possible additional measures to facilitate the transition, including through financial means.
Amendment 398 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 2
Article 14a – paragraph 2
In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050. ThiFactors includes the deployment the following: a) the cost of zero- and low-emission vehicles b) consumer take-up of zero- and low- emission vehicles, c) the specific characteristics of light commercial vehicles d) progress in achieving the targets for thea sufficient roll- out of recharging and refuelling infrastructure including, but not limited to, progress in achieving the targets as required under the Alternative Fuels Infrastructure Regulation, and the Energy Performance of Building Directive, e) the potential contribution of innovation technologies and sustainable alternative fuels, including synthetic fuels, to reach climate neutral mobility, impact on consumers, progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition towards zero emission road mobility.;f) the functioning of the incentive mechanism for zero- and low-emission vehicles, g) impact on consumers, particularly those on low and medium incomes, h) progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition, taking into account employment and competitiveness, towards affordable climate neutral road mobility. For each of the factors listed above, the Commission shall issue an assessment of its effectiveness, taking into account expected progress, in enabling the 2030 and 2035 fleet average CO2 targets to be met.
Amendment 427 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Regulation (EU) 2019/631
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
The report shall, where appropriate, be accompanied by a proposal for amending this Regulation. by introducing EU fleet-wide targets for passenger cars from 1 January 2035 and from 1 January 2040 as appropriate.’
Amendment 429 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a a (new)
Article 1 – paragraph 1 – point 10 – point a a (new)
Regulation (EU) 2019/631
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
(aa) paragraph 2 is replaced by the following: In the report referred to in paragraph 1, the Commission shall consider, inter alia, the real-world representativeness of the CO2 emission and fuel or energy consumption values determined pursuant to Regulation (EC) No 715/2007; the deployment on the Union market of zero- and low-emission vehicles, in particular with respect to light commercial vehicles; the roll-out of recharging and refuelling infrastructure reported under Directive 2014/94/EU Regulation (xxx) of the European Parliament and of the Council on the deployment of alternative fuels infrastructure, including their financing; the implementation of Directive 2010/31/EU on the Energy Performance of buildings and its foreseen review; the potential contribution of the use of synthetic and advanced alternative fuels produced with renewable energy to emissions reductions; the CO2 emissions reduction actually observed at the existing fleet level; the functioning of the incentive mechanism for zero- and low-emission vehicles; the potential effects of the transitional measure set out in point 6.3 of Part A of Annex I; the impact of this Regulation on consumers, particularly on those on low and medium incomes; as well as aspects to further facilitate an economically viable and socially fair transition towards clean, competitive and affordable mobility in the Union.
Amendment 439 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU) 2019/631
Article 15 – paragraphs 3 and 5
Article 15 – paragraphs 3 and 5
(b) paragraphs 23 to 5 are deleted,
Amendment 451 #
2021/0197(COD)
Proposal for a regulation
Annex I– paragraph 1 – point 1 – point a
Annex I– paragraph 1 – point 1 – point a
Regulation (EU) 2019/631
Annex I – Part A – point 6.1
Annex I – Part A – point 6.1
Amendment 453 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point a
Annex I – paragraph 1 – point 1 – point a
Regulation (EU) 2019/631
Annex I – Part A – point 6.1
Annex I – Part A – point 6.1
Amendment 464 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b
Annex I – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Annex I – Part A – point 6.1.2
Annex I – Part A – point 6.1.2
Amendment 469 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b
Annex I – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Annex I – Part A – point 6.1.2
Annex I – Part A – point 6.1.2
Amendment 477 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Annex I – Part A – point 6.1.3
Annex I – Part A – point 6.1.3
Amendment 483 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Annex I – Part A – point 6.1.3
Annex I – Part A – point 6.1.3
Amendment 487 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Annex I – Part A – point 6.1.3
Annex I – Part A – point 6.1.3
Amendment 489 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Annex I – Part A – point 6.1.3
Annex I – Part A – point 6.1.3
Amendment 490 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Annex I – Part A – point 6.1.3
Annex I – Part A – point 6.1.3
Amendment 519 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Annex I – paragraph 1 – point 1 – point f
Regulation (EU) 2019/631
Annex I – Part A – point 6.3.1 – subparagraph 4
Annex I – Part A – point 6.3.1 – subparagraph 4
ZLEVspecific = ( ( 1 – (specific emissions of CO250 )) ∙ 1,85 ∙ 0,7 CO2 ·0,750))·1,85
Amendment 533 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Annex I – paragraph 1 – point 1 – point f
Regulation (EU) 2019/631
Annex I – Part A – point 6.3.2
Annex I – Part A – point 6.3.2
6.3.2 Specific emissions targets for 2030 to 2034
Amendment 545 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Annex I – paragraph 1 – point 1 – point f
Regulation (EU) 2019/631
Annex I – Part A – point 6.3.3
Annex I – Part A – point 6.3.3
Amendment 574 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point c – introductory part
Annex I – paragraph 1 – point 2 – point c – introductory part
Regulation (EU) 2019/631
Annex I – Part B – point 6.1.3
Annex I – Part B – point 6.1.3
(c) the following point 6.1.3 isand 6.1.4 are added:
Amendment 576 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point c
Annex I – paragraph 1 – point 2 – point c
Regulation (EU) 2019/631
Annex I – Part B – point 6.1.3
Annex I – Part B – point 6.1.3
‘6.1.3. The EU fleet-wide targets for 2035 onwardsto 2039 EU fleet-wide target2035 = EU fleet-wide target 2021· (1– reduction factor2035) where: EU fleet-wide target2021 is as defined in point 6.0; Reduction factor2035 is as defined in Article 1(5a), point (b).
Amendment 580 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point c a (new)
Annex I – paragraph 1 – point 2 – point c a (new)
Regulation (EU) 2019/631
Annex I – Part B – point 6.1.3 a (new)
Annex I – Part B – point 6.1.3 a (new)
(ca) The following point is inserted: ‘6.1.3 a. The EU fleet-wide target for 2040 onwards EU fleet-wide target2040 = EU fleet-wide target2021· (1– reduction factor2040) where: EU fleet-wide target2021 is as defined in point 6.0; Reduction factor2040 is as defined in Article 1(5b), point (a).’
Amendment 591 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point d
Annex I – paragraph 1 – point 2 – point d
Regulation (EU) 2019/631
Annex I – Part B – point 6.2.2
Annex I – Part B – point 6.2.2
EU fleet-wide target2030 is as determined in accordance with point 6.1.3; 2; α is a2030 where the average test mass of a manufacturer's new light commercial vehicles is equal to or lower than TM0 determined in accordance with point (d) of Article 14(1) and a2021 where the average test mass of a manufacturer's new light commercial vehicles is higher than TM0 determined in accordance with point (d) of Article 14(1); where: a2030 is a2021 · EU fleet-wide target2030 / Average emissions2021 a2021 is as defined in point 6.2.1; average emissions2021 is as defined in point 6.2.1; TM is as defined in point 6.2.1; TM0 is as defined in point 6.2.1.
Amendment 592 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point d
Annex I – paragraph 1 – point 2 – point d
Regulation (EU) 2019/631
Annex I – Part B – point 6.2.2
Annex I – Part B – point 6.2.2
Amendment 595 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point d
Annex I – paragraph 1 – point 2 – point d
Regulation (EU) 2019/631
Annex I – Part B – point 6.2.2
Annex I – Part B – point 6.2.2
Amendment 596 #
2021/0197(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point d
Annex I – paragraph 1 – point 2 – point d
Regulation (EU) 2019/631
Annex I – Part B – point 6.2.2
Annex I – Part B – point 6.2.2
Amendment 193 #
2021/0171(COD)
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49 a) Creditors, providers of crowdfunding credit services and insurers should not take into account the medical history of people who have been affected by cancer. Currently, five Member States have national provisions to help specific groups of people affected by cancer, under certain circumstances, to access financial services, including insurance, without reference to the risk associated with cancer. Such provisions should be implemented in all Member States. To this end, Member States should define, with the support of medical, scientific and statistical experts, the conditions determining the right to access financial services, including insurance, without reference to the risk associated with cancer. Member States should also undertake to adopt measures to inform consumers of the existence of this right. The imposition of restrictive conditions in policies, which are not based on medical, scientific and statistical data, should be avoided whenever pre-existing conditions are disclosed.
Amendment 204 #
2021/0171(COD)
Proposal for a directive
Recital 62
Recital 62
(62) The consumer should have the right to discharge his or her obligations before the date agreed in the credit agreement. As provided by the Court of JusticeThe consumer should have the right to a reduction in the total cost of the credit in the event of early repayment of the credit, which includes all the costs imposed by the creditor ofn the EU Lexitor ruling,34 the right of the consumer to a reduction in the total cost of the credit in the event of early repayment of the credit includes all the costs imposconsumer with the exclusion of up-front costs - in so far as they are preliminary and preparatory activities for the granting of the loan, and are fully exhausted at the time of granting the loan - that have been adequately identified and declared and the cost of third parties (e.g fee of credit intermediaries, insurance charges and taxes). As regards the method of reimbursement, the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should apply unless it is otherwise regulated oin the consumertract taken in account. In the case of early repayment the creditor should be entitled to a fair and objectively justified compensation for the costs directly linked to the early repayment, taking into account also any savings thereby made by the creditor. However, in order to determine the method of calculating the compensation, it is important to respect several principles. The calculation of the compensation due to the creditor should be transparent and comprehensible to consumers already at the pre-contractual stage and in any case during the performance of the credit agreement. In addition, the calculation method should be easy for creditors to apply, and supervisory control of the compensation by the competent authorities should be facilitated. Therefore, and due to the fact that consumer credit is, given its duration and volume, not financed by long- term funding mechanisms, the ceiling for the compensation should be fixed in terms of a flat-rate amount. This approach reflects the specific nature of consumer credits and should not prejudice the approach in respect of other products which are financed by long-term funding mechanisms, such as fixed-rate mortgage loans. _________________ 34 Judgment of the Court of Justice of 11 September 2019, Lexitor, C-383/18, ECLI:EU:C:2019:702.
Amendment 211 #
2021/0171(COD)
Proposal for a directive
Recital 65
Recital 65
(65) The fixing of caps on interest rates, on annual percentage rates of charge and or the total cost of the credit to the consumer is a common practice in a number of Member States. Such capping has proved beneficial for consumers. In that context, Member States should be able to maintain their current legal regime. However, in an effort to increase consumer protection without imposing unnecessary limits on Member States, caps on interest rates, on annual percentage rates of charge and or on the total cost of the credit to the consumer should be introduced throughout the Union.
Amendment 245 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(g a) credit agreements where the credit is granted free of interest and without any other charges;
Amendment 286 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5 a) Short-term, interest-free (“STIF”) credit agreement means “a fixed-sum credit agreement between a consumer (borrower) and a creditor (lender) entered into in connection with the purchase of goods or services, where the credit is granted free of interest and without any other charges and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable”.
Amendment 377 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the total amount of credit; (b) the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services; (c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances; (d) the annual percentage rate of charge and the total amount payable by the consumer; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) costs in the case of late payments; (g) the type of credit;
Amendment 381 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
Amendment 384 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point d
Article 10 – paragraph 3 – point d
Amendment 385 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point e
Article 10 – paragraph 3 – point e
Amendment 386 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point f
Article 10 – paragraph 3 – point f
Amendment 389 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point g
Article 10 – paragraph 3 – point g
Amendment 416 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 438 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 445 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.
Amendment 460 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
Amendment 464 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Upon request from the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall, in addition to the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer.
Amendment 517 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services, taking into account proportionality considerations. In such cases, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed, without modifying the condition of the credit offering to the consumer. Under those circumstances, the insurance policy shall avoid imposing restrictive conditions, whenever specific requirements related to pre-existing medical conditions are fulfilled (such as the “right to be forgotten” criteria for cancer survivors). Member States shall guarantee that people cured of specific pathologies have equal access to insurance policies. For this purpose, Member States should define, with the support of medical, scientific and statistical experts, the conditions that determine the right to access financial services, including insurance, without reference to cancer, committing themselves to review these conditions periodically. Member States should also take measures to inform consumers of the existence of this right.
Amendment 541 #
2021/0171(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States shall prohibit any sale of credit to consumers, without their prior request and explicit agreement. This provision shall not apply to credit agreements concluded at point of sale to finance the purchase of a good or a service
Amendment 552 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. That assessment shall be done in the interest of the consumer, taking into account the nature and the risks of the credit, to prevent irresponsible lending practices and over-indebtedness, and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. The obligation to assess the creditworthiness is considered fulfilled if the creditor has met the requirements provided by Directive 2013/36/EU, Regulation n. 575/2013 EU and EBA Guidelines ABE/GL/2020/06.
Amendment 558 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repaymenwhich is necessary and proportionate to the nature and the risks of the credit, inform relation on financial assets and liabilities, or information on other financial commitmentsto nature, duration, complexity and size of the credit granted. The information shall be obtained from relevant internal or external sources, including the consumer and, where necessary, on the basis of a consultation of a database referred to in Article 19. In the case of STIF credit agreements, as referred to in Article [3 point 5a] of the current Directive , the creditors may base their creditworthiness assessment on other indicators or information as appropriate to the reduced risk levels associated with these products.
Amendment 564 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Amendment 570 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1 a (new)
Article 18 – paragraph 2 – subparagraph 1 a (new)
Given that STIF credit agreements (as defined in Article 3) are a relatively new and rapidly expanding market, Member States shall impose additional reporting requirements on STIF credit providers licensed in their territory including on usage levels, default rates and late fee revenues accrued. Where default rates and late fees are found to be excessively high, Member States shall take additional steps to ensure the full compliance of the STIF credit provider with the conduct rules set out in Article 38 and require remedial measures as appropriate.
Amendment 585 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – introductory part
Article 18 – paragraph 4 – introductory part
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.
Amendment 592 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
Amendment 600 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 651 #
2021/0171(COD)
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3 a. Member States shall identify, among the elements listed in paragraph 1, those which, if absent or uncertain, shall lead to the nullity of the contract, those which can be replaced by law and those which extend the period for exercising the right of withdrawal defined by article 26.
Amendment 688 #
2021/0171(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that the consumer is at any time entitled to early repayment. In such cases, the consumer shall be entitled to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract. When calculating that reduction, all the costs imposed on the consumer by the creditor shall be taken into consideration, except for up-front costs, which are fully exhausted at the time of granting of the loan and corresponded to services effectively provided to the consumer or to costs effectively incurred by creditor as well as third party costs. The up-front costs should be adequately identified and declared in the credit contract. In any case, costs that remunerate credit intermediaries activities or costs that remunerate creditor’s services as well as taxes are excluded from the calculation of the reduction of the total cost of credit. As regards the method of reimbursement the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should be used unless otherwise regulated in the contract.
Amendment 711 #
2021/0171(COD)
Proposal for a directive
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. 1. Member States shall introducemay set caps on one or more of the following:
Amendment 721 #
2021/0171(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Member States may introduce additional caps for revolving credit facilitiesThe provision of Paragraph 1 is considered fulfilled whereas there are national legislations already in force setting up caps on one of the options listed in letters a,b, c.
Amendment 796 #
2021/0171(COD)
Proposal for a directive
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The Commission shall also monitor the effect of the existence of the regulatory choices referred to in Article 42 on the internal market and consumers. Given that STIF credit products (as defined in Article 3) are a relatively new and rapidly expanding market, it is appropriate that the Commission gives particular consideration in its review to the further development of this market and the evidence base regarding consumer harm, and to whether the treatment of such products under this Directive needs to be revised.
Amendment 203 #
2021/0170(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The indication of origin is a necessary supplement to the basic traceability requirements laid down in this Regulation concerning the name and address of the manufacturer. Furthermore, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted, in particular where its given address is different from the actual place of manufacture, where the name and address of the manufacturer is missing altogether or where the address was on the packaging that has been lost. Suchinformation can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow-up actions.
Amendment 294 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(a a) printed books and periodical different from children's books and printed periodicals;
Amendment 303 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, interconnected or not to other items, suppliitem placed or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – -which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
Amendment 312 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or miscorrect use, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
Amendment 316 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
3. ‘dangerous product’ means any product which does not conform to the definition of ‘safe product’, by virtue of the manner it is created, or the components with which it is manufactured, or use to which it is intended, may potentially endanger the health and/or safety of consumers;
Amendment 336 #
2021/0170(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 337 #
2021/0170(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Manufacturers and a natural or legal person, other than the manufacturer, that substantially modifies the product pursuant to article 12 thereof, shall place or make available on the Union market only products as defined in accordance with this Regulation.
Amendment 370 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics;
Amendment 390 #
2021/0170(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 398 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product. These communication channels and the reporting methods shall be provided in accessible formats for persons with disabilities.
Amendment 405 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 429 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product. This information shall be provided in accessible formats for persons with disabilities.
Amendment 432 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted. This information shall be provided in accessible formats for persons with disabilities.
Amendment 437 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available. Alternatively, the instructions may be provided in a digital format. However, upon consumer’s request at the time of the purchase of the product, the instructions shall be provided in paper format free of charge. This requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
Amendment 459 #
2021/0170(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) provide asupport market surveillance authority, upon its reasoned request, withand ensure that all information and documentation necessary is available for inspection by the market surveillance authority to demonstrate the safety of the product in an official language which can be understood by that authority;
Amendment 468 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 474 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. ITaking into account the practices and characteristics of each product sector, importers shall indicate their name, registered trade name or registered trade mark, the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer. This information shall be provided in accessible formats for persons with disabilities.
Amendment 476 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Importers shall ensure that the product they imported is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information. This information shall be provided in accessible formats for persons with disabilities.
Amendment 523 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing ofaking into account the practice and characteristics of each product sector as well as the evidence, based on the same characteristics and functions, of the safety of the product, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be able to provide testing documentation against harmonized standards upon request for randomly chosen products made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 545 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Where products are made available on the market online or through other means of distance sales by the relevant economic operators, the relevant offer of the product shall clearly and visibly indicate at least the following information to achieve parity with offline sales, such as:
Amendment 548 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) information that allow to identify the product, includingfor example its type and, when available, batch or serial number and any other product identifier;
Amendment 550 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
(d) any warning or safety information that is to be affixed on the product or to accompany itpackaging in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers. and enable additional information to be accessible through manufacturer’s e-label. This information shall be provided in accessible formats for persons with disabilities
Amendment 574 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)
Article 20 – paragraph 1 – subparagraph 1 a (new)
Online marketplaces should comply with the obligations set out in Article 10 for products they facilitate the sale of when there is no manufacturer established in the Union and no importer.
Amendment 579 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any event within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gatereplying via email to the notified order.
Amendment 585 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall informprovide periodic agreed reports to the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 592 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within five working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
Amendment 622 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous productupon request, provide relevant data useful to effectively engage in market surveillance activities;
Amendment 683 #
2021/0170(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Products that have been deemed dangerous on the basis of a decision of a market surveillance authority in one Member State according to this Regulation shall be presumed dangerous by market surveillance authorities in other Member States.
Amendment 698 #
2021/0170(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. In the framework of the activities referred to in Article 28(3), point (b), market surveillance authorities may agree with other relevant authorities orand with organisations representing economic operators orand consumers to carry out activities aimed at ensuring safety and protection of consumers health with respect to specific categories of products placed or made available on the market, in particular categories of products that are often found to present a serious risk.
Amendment 710 #
2021/0170(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Member States and the Commission shall take the necessary steps to ensure that their officials and agents are required not to disclose information, different from the ones pointed out in article 31(1), obtained for the purposes of this Regulation which, by its nature, is covered by professional secrecy in duly justified cases, except for information relating to the safety properties of products pursuant to article 31(1) which must be made public in order to protect consumers.
Amendment 720 #
2021/0170(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Consumers shall have the possibility to inform the Commission of products which may presenting a risk to consumer health and safety through a separate section of the Safety Gate portal. The Commission shall take in due consideration the information received and ensure follow up, where appropriate.
Amendment 784 #
2021/0170(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
It shall apply from [624 months after the entry into force of this Regulation].
Amendment 35 #
2021/0114(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) There should be a financial contribution, or any other advantage provided, directly or indirectly, by the public authorities of a third country. The financial contribution or advantage may be granted through public or private entities. Whether a public entity provides a financial contribution or advantage should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions or advantages may also be granted through a private entity if its actions can be attributed to the third country.
Amendment 37 #
2021/0114(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Such a financial contribution or advantage should confer a benefit to an undertaking engaging in an economic activity in the internal market. A financial contribution or advantage that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, or the adequate remuneration for a given good or service. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
Amendment 47 #
2021/0114(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Where the Commission examines a foreign subsidy on its own initiative, it should have the power to impose redressive measures on an undertaking to remedy any distortion caused by a foreign subsidy in the internal market. Redressive measures should be proportionate and suitable to remedy the distortion at stake. They should include behavioural or structural remedies or the repayment of the foreign subsidy. This process should be transparent for the public;
Amendment 48 #
2021/0114(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The undertaking concerned should have the possibility to offer commitments in order to remedy the distortion caused by the foreign subsidy. If the Commission considers that the commitments offered fully and effectively remedy the distortion, it could accept them and make them binding by public decision.
Amendment 52 #
2021/0114(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should close the in-depth investigation by adopting a publicly accessible decision.
Amendment 56 #
2021/0114(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A strong, open and competitive internal market enables both European and foreign undertakings to compete on merits. The Union benefits from a sophisticated and effective system of State aid control, aiming at ensuring fair conditions for all undertakings engaging in any economic activity in the internal market. This State aid control system prevents Member States from granting State aid that unduly distorts competition in the internal market.
Amendment 64 #
2021/0114(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Rules and procedures to investigate foreign subsidies that actually or potentially distort the internal market should be laid down and, where relevant, those distortions should be redressed. Foreign subsidies could distort the internal market if the undertaking benefitting from the foreign subsidy engages in any economic activity in the Union. This Regulation should therefore establish rules for all undertakings engaging in any economic activity in the Union. Given the significance of the economic activities pursued by SMEs, and their contribution to the fulfilment of the Union’s key policy goals, special attention is given to the impact of this Regulation on them.
Amendment 67 #
2021/0114(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure a level playing field throughout the internal market and consistency in the application of this Regulation, the Commission should be the sole authority competent to apply this Regulation, in close cooperation with Member States. The Commission should have the power to examine any foreign subsidy to the extent it is in the scope of this Regulation in any sector of the economy on its own initiative relying on information from all available sources. To ensure effective control, in the specific case of large concentrations (mergers and acquisitions) and public procurement procedures above certain thresholds, the Commission should have the power to review foreign subsidies based on a prior notification by the undertaking to the Commission. The Commission shall consult and inform Member States and the Parliament in all stages of the process in due time.
Amendment 69 #
2021/0114(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) This Regulation addresses foreign subsidies grantedconferring an advantage to an undertaking engaging in any economic activity in the internal market. An undertaking acquiring control or merging with an undertaking established in the Union or an undertaking participating in a public procurement procedure is considered to be engaging in an economic activity in the internal market.
Amendment 72 #
2021/0114(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) There should be a financial contribution or any other advantage provided, directly or indirectly, by the public authorities of a third country. The financial contribution or advantage may be granted through public or private entities. Whether a public entity provides a financial contribution or advantage should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions or advantage may also be granted through a private entity if its actions can be attributed to the third country.
Amendment 79 #
2021/0114(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Such a financial contribution or advantage should confer a benefit to any undertaking engaging in an economic activity in the internal market. A financial contribution or advantage that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, or the adequate remuneration for a given good or service.. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
Amendment 83 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2a) The European Commission´s findings of subsidies benefitting third country producers in a given sector made in relevant and recent Trade Defence Instruments (TDIs) investigations, or subsidies documented in reports published by international intergovernmental organizations shall constitute sufficient evidence of distortive subsidies to operators in the countries and sectors concerned having met the relevant threshold.
Amendment 94 #
2021/0114(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should take into account the positive effects of the foreign subsidy on the development of the relevant subsidised economic activity. The Commission should weigh these positive effects against the negative effects of a foreign subsidy in terms of distortion on the internal market in order to determine, if applicable, the appropriate redressive measure or accept commitments. The balancing may also lead to the conclusion that no redressive measures should be imposed. Categories of foreign subsidies that are deemed most likely to distort the internal market are less likely to have more positive than negative effects. The Commission shall, in close cooperation with Member States, develop and publish guidelines on the application of the balancing test.
Amendment 98 #
2021/0114(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The undertaking concerned could offer to repay the subsidy, together with appropriate interest. The Commission shouldmay accept a repayment offered as a commitment if it can ascertain that the repayment fully remedies the distortion, is executed in a transparent manner and is effective in practice, while taking into account the risk of circumvention of the objectives of this Regulation.
Amendment 105 #
2021/0114(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should have the power, on its own initiative, to examine any information on foreign subsidies, received from any relevant source, including Member States.. To this end, it is necessary to establish a procedure consisting of two steps, namely a preliminary review and an in-depth investigation.
Amendment 114 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6a) If an undertaking does not make commitments or take redressive measures, this may lead to exclusion from the market.
Amendment 118 #
2021/0114(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Given the potentially significant impact of concentrations on the internal market, the Commission should have the power, upon notification, to examine information on foreign financial contributionsubsidies in the context of a proposed concentration. Undertakings should not be allowed to implement the concentration prior to the conclusion of the Commission’s review.
Amendment 125 #
2021/0114(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Below the notification thresholds, the Commission itself or upon request from a Member State, could require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
Amendment 134 #
2021/0114(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The need to address distortive foreign subsidies is especially salient in public procurement, given its economic significance in the internal market and the fact that it is financed by taxpayer funds. The Commission should have the power, upon notification prior to the award of a public contract or concession, to examine information on foreign financial contributionsubsidies to the participating undertakings in the context of a public procurement procedure. Prior notifications should be mandatory above a threshold set in this Regulation to capture economically significant cases while minimising the administrative burden and not hindering the participation of SMEs in public procurement. That obligation of prior notification above a threshold should also apply to groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU of the European Parliament and of the Council40 , Article 19(2) of Directive 2014/24/EU of the European Parliament and of the Council41 and Article 37(2) of Directive 2014/25/EU of the European Parliament and of the Council42 . It should also apply to the main subcontractors and the main suppliers of undertaking. _________________ 40 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 41 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 42 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 136 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 25100 million.
Amendment 138 #
2021/0114(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) When a foreign financial contributionsubsidy is notified in the context of a public procurement procedure, the assessment should be limited to that procedure.
Amendment 144 #
2021/0114(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Taking into account the nature of the ex ante review mechanism for concentrations and public procurement awards, and the need for legal certainty regarding these specific transactions, a concentration or public procurement tender notified and assessed under the respective procedures cannot be reviewed again by the Commission on its own initiative. Financial contributions or advantage of which the Commission was informed through the notification procedure may however also be relevant outside the concentration or procurement procedure. In order to gather information on foreign subsidies, the Commission should have the possibility to launch investigations regarding specific sectors of the economy, particular types of economic activity or the use of particular foreign subsidy instruments.
Amendment 145 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributions under this paragraph shall extend to economic operators, groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 320% of the estimated value of the contract.
Amendment 153 #
2021/0114(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in accordance with Article 291 of the Treaty. Those powers should be exercised to set out the form and content of notifications of concentrations as well as of financial contributionoreign subsidies in the context of public procurement procedures, details of disclosure, form and content of transparency requirements, calculation of time-limits, conditions and time-limits for commitments and detailed rules on the procedural steps concerning investigations regarding public procurement procedures. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 160 #
2021/0114(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure a level playing field on the internal market also in the long term, with a view to ensuring adequate coverage of cases investigated both through notifications as well as ex officio, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending the notification thresholds for concentrations and for public procurement procedures, exempting certain categories of undertakings from the notification obligations under this Regulation, as well as amending the time limits for the preliminary review and the in-depth investigations of notified concentrations or notified financial contributionoreign subsidies in the context of a public procurement procedure. In relation to financial contributionoreign subsidies in the context of a public procurement procedure, the power to adopt such acts should be exercised in a way that takes into account the interests of SMEs. It is of particular importance that the Commission carries out appropriate consultations during the preparations of those acts, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making47 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 47 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 163 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 200 days after it received the notification. In exceptional circumstances, this time limit may be extended for 60 days after consultation with the concerned contracting authority or contracting entity.
Amendment 163 #
2021/0114(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Where a concentration is notifiable pursuant to this Regulation, financial contributionsoreign subsidy to any of the parties to the concentration granted in the three years prior to the date of application of this Regulation should fall within the scope of this Regulation. In the context of a public procurement procedure, this Regulation should also apply to a financial contributionoreign subsidy granted to an undertaking in the three years prior to the date of application of this Regulation,
Amendment 164 #
2021/0114(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) This Regulation addresses foreign subsidies grantedconferring an advantage to an undertaking engaging in an economic activity in the internal market. Such advantage is deemed to exist from any moment it can cause distortions, including prior to the actual receipt of, or entitlement to, the subsidy by the beneficiary. An undertaking acquiring control or merging with any undertaking established in the Union or an undertaking participating in a public procurement procedure is considered to be engaging in an economic activity in the internal market.
Amendment 167 #
2021/0114(COD)
(1) For the purpose of this Regulation, a foreign subsidy shall be deemed to exist where a third country provides a financial contribution or any other advantage which confers a benefit to any undertaking engaging in an economic activity in the internal market and which is limited, in law or in fact, to an individual undertaking or industry or to several undertakings or industrieincluding any commercial interaction with a public or private operator, regardless of the place where the commercial interaction occurs, and which is limited, in law or in fact, to an individual undertaking or industry or to several undertakings or industries. Such advantage shall be considered to exist from the moment it first causes a disruption, even if it is prior to the beneficiary's receipt of the subsidy or being fully entitled to it. This may occur if the advantage is conditional or if there is a pattern of advantages granted to the latter beneficiary in similar situations.
Amendment 170 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1 a) other advantages shall include regulatory requirements which are lower than those set in the Union as well as all economic benefits that could not be obtained on normal market conditions, such as:
Amendment 172 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – introductory part
Article 2 – paragraph 2 – point a – introductory part
(a) a financial contribution shall include, inter alia:
Amendment 183 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
Amendment 185 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b – introductory part
Article 2 – paragraph 2 – point b – introductory part
(b) the financial contribution or any other advantage provided by the third country shall include the financial contribution or advantage provided by:
Amendment 188 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b – point iii
Article 2 – paragraph 2 – point b – point iii
(iii) any private entity whose actions can be attributed to the third country, taking into account all relevant circumstances, or whose actions cannot clearly be demonstrated to be independent of government policies.
Amendment 211 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2 a) The European Commission's findings of subsidies benefitting third country producers in a given sector made in relevant and recent Trade Defence Instruments (TDIs) investigations, or subsidies documented in reports published by international intergovernmental organizations shall constitute sufficient evidence of distortive subsidies to operators in the countries and sectors concerned having met the relevant threshold.
Amendment 219 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
(4) a foreign subsidy enabling an undertaking to submit an unduly advantageous tender, on the basis of which the undertaking would be awarded the public or private contract.
Amendment 221 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 a (new)
Article 4 – paragraph 1 – point 4 a (new)
(4 a) all export financing subsidies granted by third countries which are not signatories to the OECD Arrangement on officially supported export credits where they cause a distortion in the internal market;
Amendment 224 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 b (new)
Article 4 – paragraph 1 – point 4 b (new)
(4 b) all foreign subsidy to beneficiaries active in sectors which are characterized by structural excess capacity; featuring high-tech and/or dual-use products to a significant extent; or are designated as strategic by the government providing the subsidies.
Amendment 225 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 c (new)
Article 4 – paragraph 1 – point 4 c (new)
(4 c) foreign subsidies to operators which have privileged and/or protected access to a significant non-EU market, especially if the non-EU market is the operator's domestic market.
Amendment 233 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity, based on the contribution of a foreign subsidy to the fulfilment of the objectives of the EU policies in the field concerned.
Amendment 238 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) The Commission shall take into account the balancing between the negative and positive effects when deciding whether to impose redressive measures or to accept commitments, and the nature and level of those redressive measures or commitments. The general objective of tackling distortions created by foreign subsidies, in particular those which may endanger the preservation of a strong industrial base in the Union with sustainable and diversified supply chains, should be given special consideration.
Amendment 243 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2 a) The Commission shall carry out a full, thorough and timely consultation of relevant Union industries affected by the distortions. The Commission may - in close cooperation with Member States and relevant stakeholders and industries affected by the distortions - publish guidelines on the application of this article, in order to further specify what constitutes a negative effect and the indicators used in the before-mentioned evaluation. The Parliament and the Council shall regularly be informed.
Amendment 256 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures may consist of the following non-exhaustive list:
Amendment 260 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) reducing capacity or market presence notably by means of temporary market access restrictions, temporary restrictions in the supply of goods or services in the internal market where the related economic activity is distorted as a result of foreign subsidies, taking into account sectorial specificities;
Amendment 271 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shallmay accept such repayment as commitment if it can ascertain that the repayment is transparent and effective, while taking into account the risk of circumvention. However, the Commission may impose other redressive measures than the repayment in presence of major subsidies, strategic sectors and/or State owned or controlled companies.
Amendment 275 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6 a) When choosing whether to accept commitments offered by the undertaking or which is the most appropriate and effective redressive measure to adopt, the Commission shall thoroughly consult affected Union industries, taking into account their sectoral specificities.
Amendment 280 #
2021/0114(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission may on its own initiative or upon request from a Member State or from the Union industry examine information from any source regarding alleged distortive foreign subsidies.
Amendment 289 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
(1) The Commission shall seek all the information it considers necessary to assess, on a preliminary basis, whether the financial contribution or advantage under examination constitutes a foreign subsidy and whether it distorts the internal market. To that end, the Commission may in particular:
Amendment 295 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(c a) Where appropriate, set interim measures in accordance with article 10
Amendment 302 #
2021/0114(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) During the in-depth investigation, the Commission shall further assess the foreign subsidy distorting the internal market that has been identified in the decision to initiate the in-depth investigation, seeking all the information it considers necessary in accordance with Articles 11, 12 and 13. The Commission shall report to the Parliament and the Council on the results of the investigation.
Amendment 309 #
2021/0114(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
The Commission may take interim measures, including during the preliminary review period, where:
Amendment 312 #
2021/0114(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
(1) there are indications that a financial contribution or advantage constitutes a foreign subsidy and distorts the internal market; and
Amendment 315 #
2021/0114(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 2
Article 10 – paragraph 1 – point 2
(2) there is a serious risk of substantial and irreparable damage to competition on the internal market. Such serious risk is likely to occur in the case of subsidies operators in sectors which are targeted by national strategic plans in third countries or are otherwise considered strategic, affected by structural excess capacities, or dominated by the presence of State-owned enterprises in the country granting the subsidies.
Amendment 352 #
2021/0114(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
(3) Where an undertaking concerned, including a public undertaking which is directly or indirectly controlled by the State, fails to provide the necessary information to determine whether a financial contribution or advantage confers a benefit to it, that undertaking may be deemed to have received such benefit.
Amendment 354 #
2021/0114(COD)
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
Amendment 362 #
2021/0114(COD)
Proposal for a regulation
Article 15 – paragraph 6 a (new)
Article 15 – paragraph 6 a (new)
(6 a) The Commission may consult the Member States concerned as well as Union industries affected, in order to assess whether a fine or periodic penalty payment -or a combination of both- is an appropriate measure.
Amendment 370 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
(a) the acquired undertaking or at least one of the merging undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 2500 million; and
Amendment 378 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
(b) the undertakings concerned received from third countries an aggregate financial contributionaggregate foreign subsidies in the three calendar years prior to notification of more than EUR 50 million.
Amendment 383 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 4 – point a
Article 18 – paragraph 4 – point a
(a) the joint venture is contemplated to be active in the Union and the joint venture itself or one of its parent undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 500 million; and
Amendment 387 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 4 – point b
Article 18 – paragraph 4 – point b
(b) the joint venture itself and its parent undertakings received from third countries an aggregate financial contributionaggregate foreign subsidies in the three calendar years prior to notification of more than EUR 50 million.
Amendment 391 #
2021/0114(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 398 #
2021/0114(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
Aggregation of financial contributionoreign subsidies
Amendment 399 #
2021/0114(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The aggregate financial contributionoreign subsidies to an undertaking concerned shall be calculated by adding together the respective financial contributionoreign subsidies received from third countries by all undertakings referred to in Article 21(4), points (a) to (e).
Amendment 405 #
2021/0114(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
(2) The Commission may initiate an in- depth investigation under Article 8(2) no later than 25 working days after receipt of the complete notification, and shall publish a notice of initiation in the Official Journal of the European Union, which invites interested parties, Member States and the third country concerned to express their views in writing within a prescribed period of time. The interested parties which have made themselves known, shall be heard within the period prescribed in the latter published notice, making a written request for a hearing and showing that they are an interested party likely to be affected by the result of the proceedings. Opportunities shall, on request, be provided to interested parties so that opposing views may be presented and rebuttal arguments offered.
Amendment 426 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contributionsubsidies in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 250 million.
Amendment 428 #
2021/0114(COD)
Proposal for a regulation
Article 28 – title
Article 28 – title
Prior notification of foreign financial contributionsubsidies in the context of public procurement procedures
Amendment 432 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
(1) When submitting a tender or a request to participate in a public procurement procedure, undertakings shall either notify to the contracting authority or the contracting entity all foreign financial contributionsubsidies received in the three years preceding that notification or confirm in a declaration that they did not receive any foreign financial contributionsubsidies in the last three years. Undertakings which do not submit such information or declaration shall not be awarded the contract. The notification must take place when submitting a request for prequalification for public procurement procedures which include a prequalification stage before the tendering phase.
Amendment 440 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributionsubsidies under this paragraph shall extend to economic operators, groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 30% of the estimated value of the contract.
Amendment 441 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
(5) Where the undertaking, economic operators or groups of economic operators referred to in paragraph 1 fail to notify a foreign financialsubsidies contribution, or where such a notification is not transferred to the Commission, the Commission may initiate a review.
Amendment 446 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
(6) Where the Commission suspects that an undertaking may have benefitted from foreign subsidies in the three years prior to the submission of the tender or request to participate in the public procurement procedure, it may request the notification of the foreign financial contributionsubsidies received by that undertaking in any public procurement procedure which are not notifiable under Article 27(2) or fall within the scope of paragraph 5 of this Article, at any time before the award of the contract. Once the Commission has requested -itself or upon request of a Member State- the notification of such a financial contributionsubsidies, it is deemed to be a notifiable foreign financial contributionsubsidy in a public procurement procedure.
Amendment 449 #
2021/0114(COD)
Proposal for a regulation
Article 29 – title
Article 29 – title
Procedural rules applicable to the preliminary review and the in-depth investigation of notified financial contributionoreign subsidies in public procurement procedures
Amendment 450 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
(1) Articles 8, 9 (1), (3) and (4), 11, 12, 13, 14, 16 and 22 shall apply to notified financial contributionoreign subsidies in public procurement procedures.
Amendment 453 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
(2) The Commission shall carry out a preliminary review no later than 630 days after it received the notification.
Amendment 460 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 2100 days after it received the notification. In exceptional circumstances, this time limit may be extended after consultation with the concerned contracting authority or contracting entity.
Amendment 466 #
2021/0114(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Aggregation of financial contributions The aggregate financial contribution to an undertaking concerned shall be calculated by adding together the respective financial contributions received from third countries by all undertakings referred to in Article 21(4), points (a) to (e).
Amendment 481 #
2021/0114(COD)
Proposal for a regulation
Article 32 – title
Article 32 – title
Fines and periodic penalty payments applicable to financial contributionoreign subsidies in the context of public procurement procedures
Amendment 483 #
2021/0114(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
(1) A financial contributionoreign subsidy notified in the context of a concentration under Article 19 may be relevant and assessed again in relation to another economic activity.
Amendment 484 #
2021/0114(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
(2) A financial contributionoreign subsidy notified in the context of a public procurement procedure under Article 28 may be relevant and assessed again in relation to another economic activity.
Amendment 493 #
2021/0114(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
(1) The powers of the Commission under Article 9 shall be subject to a limitation period of ten years, starting onfrom the day on which a foreign subsidy is granted to the undertaking concernedlater of the actual moment of receipt of the subsidy or moment at which the related distortion first appears in the EU. Any action taken by the Commission under Articles 8, 11, 12, 13 or 134 with respect to a foreign subsidy shall interrupt the limitation period. After each interruption, the limitation period shall start to run afresh.
Amendment 499 #
2021/0114(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
(1) The Commission shall, before adopting a decision pursuant to Articles 9, 15, 24(3) point (c), 25, 30(2) or 32 give all the interested parties likely yo be affected by the result of the proceeding -such as the undertaking concerned- the opportunity to submit observationsaccess the relevant documentation, submit observations and provide relevant evidence on the grounds on which the Commission intends to adopt its decision.
Amendment 501 #
2021/0114(COD)
Proposal for a regulation
Article 40 – paragraph 7
Article 40 – paragraph 7
(7) An investigation pursuant to this Regulation shall not be carried out and measures shall not be imposed or maintained where such investigation or measures would be contrary to the Union’s obligations emanating from any relevant international agreement it has entered into. In particular, no action shall be taken under this Regulation which would amount to a specific action against a subsidy within the meaning of Article 32.1 of the Agreement on Subsidies and Countervailing Measures. This Regulation shall not prevent the Union from exercising its rights or fulfilling its obligations under international agreements, except where the third country granting the subsidy is not a WTO Member or where the Commission has well-founded indications that the third country granting the subsidy is in substantial non-compliance with notification obligations under the Agreement on Subsidies and Countervailing Measures or under other international agreements, at least with regard to the sector concerned. Provided that, regardless of the sector involved, actions may always be taken under this Regulation in relation to foreign subsidies which cause distortions on the internal market in public procurement procedures or in relation to concentrations.
Amendment 506 #
2021/0114(COD)
Proposal for a regulation
Article 42 – paragraph 1 – point b
Article 42 – paragraph 1 – point b
(b) the form, content and procedural details of notifications of foreign financial contributionsubsidies in public procurement procedures pursuant to Article 28;
Amendment 507 #
2021/0114(COD)
Proposal for a regulation
Article 42 – paragraph 1 – point f
Article 42 – paragraph 1 – point f
(f) detailed rules on the application of redressive measures under article 6 and the conditions and time limits for proposing commitments under Article 30;
Amendment 510 #
2021/0114(COD)
Proposal for a regulation
Article 44
Article 44
Amendment 518 #
2021/0114(COD)
Proposal for a regulation
Article 45
Article 45
Amendment 522 #
2021/0114(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Within fivthree years after the entry into force of this Regulation at the latest, and every two years thereafter, the Commission shall present a report to the European Parliament and the Council on the application and effectiveness of this Regulation, accompanied, where the Commission considers it appropriate, by relevant legislative proposals.
Amendment 532 #
2021/0114(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
(2) This Regulation shall apply to foreign financialsubsidies contributions granted in the three years prior to the date of application of this Regulation where such foreign financial contributions were granted to an undertaking notifying a concentration or notifying financial contributionoreign subsidies in the context of a public procurement procedure pursuant to this Regulation.
Amendment 523 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any. In particular, the classification as high-risk according to Article 6 should not apply to AI systems whose intended purpose demonstrates that the generated output is a recommendation and a human intervention is required to convert this recommendation into an action.
Amendment 568 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems that automatically generate models used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purposeIn contrast, ancillary applications to those systems determining whether an individual should be granted access to credit, such as AI applications used for the acceleration of the credit disbursement process, in the valuation of collateral, or for the internal process efficiency, as well as other subsequent applications based on the credit scoring which do not create high risks for individuals should be exempt from the scope. AI systems used to evaluate the credit score or creditworthiness may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. NonethelessInfact, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 660 #
2021/0106(COD)
(54) TIn case there are no risk management systems already in place, the provider should establish a sound quality management system, ensure the accomplishment of the required conformity assessment procedure, draw up the relevant documentation and establish a robust post- market monitoring system. Public authorities which put into service high-risk AI systems for their own use may adopt and implement the rules for the quality management system as part of the quality management system adopted at a national or regional level, as appropriate, taking into account the specificities of the sector and the competences and organisation of the public authority in question.
Amendment 752 #
2021/0106(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) Union legislation on financial services includes internal governance and risk management rules and requirements which are applicable to regulated financial institutions in the course of provision of those services, including when they make use of AI systems. In order to ensure coherent application and enforcement of the obligations under this Regulation and relevant rules and requirements of the Union financial services legislation, the authorities responsible for the supervision and enforcement of the financial services legislation, including where applicable the European Central Bank, should be designated as competent authorities for the purpose of supervising the implementation of this Regulation, including for market surveillance activities, as regards AI systems provided or used by regulated and supervised financial institutions. To further enhance the consistency between this Regulation and the rules applicable to credit institutions regulated under Directive 2013/36/EU of the European Parliament and of the Council56 , it is also appropriate to integrate the conformity assessment procedure and some of the providers’ procedural obligations in relation to risk management, post marketing monitoring and documentation into the existing obligations and procedures under Directive 2013/36/EU. In order to avoid overlaps, limited derogations should also be envisaged in relation to the quality management system of providers and the monitoring obligation placed on users of high-risk AI systems to the extent that these apply to credit institutions regulated by Directive 2013/36/EU. With regard to use case 5(b) in Annex III, areas covered by this Regulation relate to those outlined in Article 1(a). All other procedures relating to creditworthiness assessment are covered by the Directive of the European Parliament and of the Council on consumer credits . _________________ 56 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
Amendment 913 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed witha system based on machine or human-based data and input that infers how to achieve a given set of human-defined objectives using one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generates outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
Amendment 1267 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
Article 5 – paragraph 1 – point d – point ii
(ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack;
Amendment 1419 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the AI system has a self-evolving behaviour, the failure of which results in an immediate hazardous condition in a specific domain, and is intended to be used as a safety component of a product, or is itself a product, covered by the Union harmonisation legislation listed in Annex II;
Amendment 1493 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the intended purpose of the AI systema description of the AI system, including the intended purpose, the concrete use and context, complexity and autonomy of the AI system, the potential persons impacted, the extent to which the AI system has been used or is likely to be used, the extent to which any outcomes produced are subject to human review or intervention;
Amendment 1498 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) an assessment of the expotent to which anial benefits provided by the use of the AI system, has been used or is likely to be usedwell as reticence risk and/or opportunity costs of not using the AI for individuals, groups of individuals, or society at large. This includes weighing the benefits of deploying the AI system against keeping the status quo;
Amendment 1505 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) the extent to which the use of an AI system has already causedan assessment of the probability of worst-case scenario, likelihood and severity of harm, to the health and safety or adverse impact on the fundamental rights or has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by reports or documented allegations submitted to national competent authorities; fundamental rights of potentially impacted persons and its irreversibility, including: (i) the extent to which the AI system has already been evaluated and proven to have caused material harm as demonstrated by studies or reports published by the national competent authorities; (ii) the extent to which potentially impacted persons are dependent on the outcome produced from the AI system, in particular because of practical or legal reasons it is not reasonably possible to opt-out from that outcome; (iii) the extent to which the outcome produced by the AI system is easily reversible; (iv) the extent to which potentially impacted persons are in a vulnerable position in relation to the user of the AI system, in particular due to an imbalance of power, knowledge, economic or social circumstances, or age.
Amendment 1512 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) the potential extent of such harm or such adverse impact, in particular in terms of its intensity and its ability to affect a plurality of persons;measures taken to address or mitigate the identified risks, including to the extent existing Union legislation provides for: (i) effective measures of redress in relation to the risks posed by an AI system, with the exclusion of claims for damages; (ii) effective measures to prevent or substantially minimise those risks.
Amendment 1515 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
Amendment 1522 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
Amendment 1524 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
Amendment 1537 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h
Article 7 – paragraph 2 – point h
Amendment 1554 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. High-risk AI systems shall comply with the requirements established in this Chapter, taking into account the generally acknowledged state of the art and industry standards, including as reflected in relevant harmonised standards or common specifications.
Amendment 1622 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) elimination or reduction of risks as far as possireduction of identified and evaluated risks as far as commercially reasonable and technologically feasable through adequate design and development;
Amendment 1623 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
Amendment 1643 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. High-risk AI systems shall be tesevaluated for the purposes of identifying the most appropriate and targeted risk management measures. Testing shall ensure that high-risk AI systems perform consistently for their intended purpose and they are in compliance with the requirements set out in this Chap and weighing any such measures against the potential benefits and intended goals of the systerm.
Amendment 1717 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. THigh risk AI systems should be designed and developed with the best efforts to ensure that, where appropriate, training, validation and testing data sets shall beare sufficiently relevant, representative, free of errors and complete and appropriately vetted for errors. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 1744 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6 a. The training, testing and validation processes of data sets should have a duration based on the training periodicity of the systems, the timing of notification of incidents and the normal supervisory activity of the national competent authority
Amendment 1751 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall bevary according to each use of the AI system and drawn up in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV or in the case of SMEs and start-ups, any equivalent documentation meeting the same objectives, subject to approval of the competent national authority.
Amendment 1780 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 1820 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Human oversightThe degree of human oversight shall be adapted to the specific risks, the level of automation, and context of the AI system and shall be ensured through either one or all of the following measures:
Amendment 1911 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. ProvidIn case there are no risk management systems already in place, providers and users of high-risk AI systems shall puimplement a quality management system in place thato ensures compliance with this Regulation and corresponding obligations. That system shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions, and shall include at least the following aspects:
Amendment 1926 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) systems and procedures for data management, including data collection, data analysis, data labelling, data storage, data filtration, data mining, data aggregation, data retention and any other operation regarding the data that is performed before and for the purposes of the placing on the market or putting into service of high-risk AI systems, and after deployment of the high-risk AI;
Amendment 1941 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The implementation of aspects referred to in paragraph 1 shall be proportionate to the size of the provider’s and user's organisation.
Amendment 2135 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where harmonised standards referred to in Article 40 and international standards do not exist or where the Commission considers that the relevant harmonised standards are insufficient or that there is a need to address specific safety or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
Amendment 2142 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The Commission, when preparing the common specifications referred to in paragraph 1, shall gather the views of relevant bodies, stakeholders or expert groups established under relevant sectorial Union law.
Amendment 2174 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Where, in demonstrating the compliance of a high-risk AI system with the requirements set out in Chapter 2 of this Title, the provider has not applied or has applied only in part harmonised standards referred to in Article 40, or where such harmonised standards do not exist and common specifications referred to in Article 41 are not available, the provider shall follow the conformity assessment procedure set out in Annex VII. Should the provider already have established internal organisation and structures for existing conformity assessments or requirements under other existing rules, the provider may utilise those, or parts of those, existing compliance structures, so long as they also have the capacity and competence needed to fulfil the requirements for the product set out in this Regulation.
Amendment 116 #
2021/0105(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The manufacturer or the manufacturer’s authorised representative should also ensure that a risk assessment is carried out for the machinery product, which the manufacturer wishes to place on the market. For this purpose, the manufacturer should determine which of the essential health and safety requirements that are applicable to the machinery product and in respect of which measures must be taken to address the risks that the machinery product may present. Where the machinery product integrates an artificial intelligence system, the risks identified during the risk assessment should include thosean appropriate guideline should be developed, in order to correctly evaluate possible further risks that may appear during the machinery product’s lifecycle due to an intended evolution of its behaviour to operate with varying levels of autonomy. In this respect, where the machinery product integrates an artificial intelligence system, the risk assessment for the machinery product should consider the risk assessment for thatThe guideline defining risk assessment procedures for the machinery including AI should also take into account the risk assessment (and related terminology and risk levels) for artificial intelligence system that has been carried out pursuant to Regulation (EU) .../... of the European Parliament and of the Council23 . __________________ 23 + OJ: Please insert in the text the number of the Regulation contained in document ….
Amendment 124 #
2021/0105(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) Nevertheless, provisions set out in Articles 5(1) and 21(2) of this Regulation should apply only to AI systems with self- determining, evolving behaviour during normal operation. On the contrary, they should not apply to conventional software not capable to learn or evolve and programmed only to execute certain automated functions of machinery products.
Amendment 151 #
2021/0105(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) agricultural and forestry vehicletractors, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, that fall within the scope of application of Regulation (EU) No 167/2013, with the exclusion of machinery mounted on those vehicles;
Amendment 163 #
2021/0105(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) an assembly as referred to in points (a), (b), (c), (d) and (e) missing only the upload of a software intended for itsthe specific application foreseen by the manufacturer and which is the subject of the conformity assessment procedure of the machinery product.
Amendment 174 #
2021/0105(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘artificial intelligence system’ means an artificial intelligence system as defined in Article 3(1) of Regulation (EU) .../... of the European Parliament and of the Council28; , and that only applies to artificial intelligence systems with self- determining, evolving behaviour or logic during normal operation; __________________ 28 + OJ: Please insert in the text the number of the Regulation contained in document … and insert the number, date, title and OJ reference of that Regulation in the footnote."
Amendment 213 #
2021/0105(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Where machinery products contain an artificial intelligence system, to which the essential health and safety requirements of Regulation (EU) …/… apply, this Regulation shall, in relation to that artificial intelligence system, only apply with regard to its safe integration into the overall machinery and only applies to artificial intelligence systems with self- determining, evolving behaviour or logic during normal operation, so as not to compromise the safety of the machinery product as a whole.
Amendment 233 #
2021/0105(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 253 #
2021/0105(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex V, shall contain the elements specified in the relevant modules set out in Annexes VI, VII, VIII and IX and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the machinery product is placed on the market or is made available on the market.
Amendment 318 #
2021/0105(COD)
Proposal for a regulation
Annex I – point 24
Annex I – point 24
24. SoftwareThe safety component software of AI systems ensuring safety functions, including AI systems.
Amendment 320 #
2021/0105(COD)
Proposal for a regulation
Annex I – point 25
Annex I – point 25
Amendment 332 #
2021/0105(COD)
Proposal for a regulation
Annex II – point 18
Annex II – point 18
18. Software of AI systems ensuring safety functions, including AI systems.
Amendment 339 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.2 – point e
Annex III – Part 1 – point 1.1 – point 1.1.2 – point e
(e) A machinery product shall be designed and constructed in such a way that it is possible for the user to test the safety functions, and the where applicable. A machinery product shallmust be supplied with all the special equipment and accessories, and where appropriate, with the description of specific functional test procedures, essential to enable it to be tested, adjusted, maintained and used safely.
Amendment 347 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.6 point f
Annex III – Part 1 – point 1.1 – point 1.1.6 point f
(f) adapting a machinery product with intended fully or partially evolving behaviour or logic that is designed to operate with varying levels of autonomy to respond to people adequately and appropriately (verbally through words and non-verbally through gestures, facial expressions or body movement) and to communicate its planned actions (what it is going to do and why) to operators in a comprehensible manner.
Amendment 354 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.9 – paragraph 2
Annex III – Part 1 – point 1.1 – point 1.1.9 – paragraph 2
A hardware component relevant for connection or access to software that is critical for the compliance of the machinery product with the relevant health and safety requirements shall be designed so that it is adequately protected against accidental or intentional corruption. The machinery product shall collect evidence of a legitimate or illegitimate intervention in the aforementioned hardware component, when relevant for connection or access to software that is critical for the compliance of the machinery product.
Amendment 363 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.2 – point 1.2.1 – paragraph 2 – point a
Annex III – Part 1 – point 1.2 – point 1.2.1 – paragraph 2 – point a
(a) they can reasonably withstand, where appropriate to the circumstances and the risks, the intended operating stresses and intended and unintended external influences, including known malicious attempts from third parties to create a hazardous situation;
Amendment 380 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.3 – point 1.3.7 – paragraph 5
Annex III – Part 1 – point 1.3 – point 1.3.7 – paragraph 5
Amendment 383 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.6 – point 1.6.2 – paragraph 2
Annex III – Part 1 – point 1.6 – point 1.6.2 – paragraph 2
In the case of machinery into which persons shall enter for operation, adjustment, maintenance or cleaning, the machinery accesses shall be dimenesiogned and adapted for the use of rescue equipment in such a way that a timely rescue of the persons is guaranteedtaking emergency rescue into consideration.
Amendment 388 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.7 – point 1.7.4 – paragraph 4 – point a
Annex III – Part 1 – point 1.7 – point 1.7.4 – paragraph 4 – point a
(a) mark on the machinery product andor in an accompanying paper how to access the digital instructions;
Amendment 400 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.1 – point 3.1.1 – point b
Annex III – Part 3 – point 3.1 – point 3.1.1 – point b
Amendment 401 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.1 – point 3.1.1 – point b a (new)
Annex III – Part 3 – point 3.1 – point 3.1.1 – point b a (new)
(ba) ‘Driver’ means an operator responsible for the movement of a machine. The driver may be transported by the machinery or may be on foot, accompanying the machinery, or may guide the machinery by remote control.
Amendment 408 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
A visual or audible signal shall be provided at the driving position alertingto warn the driver when he is in the driving position and not using the restraint system is not active.
Amendment 420 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.5 – point 3.5.4 – paragraph 2
Annex III – Part 3 – point 3.5 – point 3.5.4 – paragraph 2
Amendment 431 #
2021/0105(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 2 – point n
Annex IV – Part A – paragraph 2 – point n
Amendment 35 #
2021/0045(COD)
Proposal for a regulation
Recital (14)
Recital (14)
(14) In order to allow for the development of a more efficient, integrated and competitive market for roaming services, there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. Obstacles to access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings, should be removed. To that end, wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer where possible retail roaming services equivalent to the services offered domestically. Mobile virtual network operators (MVNOs) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same Member State. Commercial negotiations, however, may not leave enough margin to MVNOs and resellers for stimulating competition through lower prices. The removal of those obstacles and balancing the negotiation power between MVNOs/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative, innovative and Union-wide roaming services and offers for customers. Directive (EU) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers.
Amendment 37 #
2021/0045(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Therefore an obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services should be laid down . Such access should be in line with the needs of those seeking access. End-users of services requiring modern technologies and retail roaming services should be able to enjoy, where possible, the same quality of service when roaming as domestically. A wholesale roaming access obligation should therefore ensure that access seekers can replicate the retail services offered domestically, unless mobile network operators requested to provide access can prove that it is technically unfeasible to do so. Access should be refused only on the basis of objective criteria, such as technical feasibility and the need to maintain network integrity. Where access is refused, the aggrieved party should be able to submit the case for dispute resolution in accordance with the procedure set out in this Regulation. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services should contribute to avoiding distortions between Member States. BEREC should, in coordination with the Commission and in collaboration with the relevant stakeholders, issue guidelines for wholesale access for the purpose of providing roaming services.
Amendment 46 #
2021/0045(COD)
Proposal for a regulation
Recital (29)
Recital (29)
(29) Roaming providers should be able to apply a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable domestic retail price. The ‘fair use policy’ is intended to prevent abusive or anomalous usage of regulated retail roaming services by roaming customers, such as the use of such services by roaming customers in a Member State other than that of their domestic provider for purposes other than periodic travel. Roaming providers should, in cases of force majeure caused by circumstances such as pandemics or natural catastrophes which involuntarily extend the period of temporary stay of the roaming customer in another Member State, consider extending the applicable fair use allowance for an appropriate period, upon a justified request by the roaming customer . Any fair use policy should enable the roaming provider’s customers to consume volumes of regulated retail roaming services at the applicable domestic retail price that are consistent with their respective tariff plans.
Amendment 50 #
2021/0045(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service, including the expected level of quality of serviceclear and comprehensible information on the expected level of quality of service. Such information should be provided in line with BEREC’s retail roaming guidelines. The provider should make available information on relevant factors that can affect the quality of service, such as availability of certain technologies, coverage or variation due to external factors such as topography.
Amendment 57 #
2021/0045(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the Union and on the wholesale prices charged for value added services. Communications to certain numbers which are used for providing value added services, for example, premium-rate numbers, freephone numbers or shared cost numbers, are subject to particular pricing conditions at the national level. This Regulation should not apply to the part of the tariff that is charged for the provision of value added services but only to the tariffs for the connection to such services. Nevertheless, the RLAH principle might create an expectation for end-users that communications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. However, this is not always the case when roaming. End-users are confronted with increased costs, even when they call numbers that are free when called domestically. This could erode customers’ confidence in using their phones when roaming and could result in bill shocks, thus having a negative impact on a genuine RLAH experience. This is mainly caused, at retail level by the insufficient level of transparency on the higher charges which can be incurred because of communications to value added services numbers. Therefore measures should be introduced to increase the transparency on the conditions for communications to value added services numbers. To that end, roaming customers and roaming customers living with a disability should be informed in their contract and notified and warned, in a timely manner and free of charge, that communications to value added services numbers in roaming can entail additional charges.
Amendment 60 #
2021/0045(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad, providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited Member State. Since certain customer groups might be well informed about roaming charges, roaming providers should provide a possibility to easily opt-out from this automatic message service. In addition, roaming customers should be provided with a text message including a link to a web page giving detailed information about the types of services (calls and SMS) that may be subject to increased costs. Such communications should be guaranteed and easily accessible for roaming customers living with a disability. Moreover, providers should actively give their customers, provided that the latter are located in the Union, on request and free of charge, additional information on the per- minute, per-SMS or per-megabyte data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State.
Amendment 86 #
2021/0045(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) clear and comprehensible information on the quality of service that can reasonably be expected when roaming in the Union, including in particular information on the speed and potential limitation to the transmission of data.
Amendment 94 #
2021/0045(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
Roaming providers shall, except when the roaming customer has notified the roaming provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when the roaming customer enters a Member State other than that of his domestic provider, with information on the potential risk of increased charges due to the use of value added services including a link to a dedicated webpage providing information about the types of services that may be subject to increased costs and, if available, information on value added services number ranges. Such communications shall be guaranteed and easily accessible in particular for roaming customers living with a disability.
Amendment 10 #
2020/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes with concern that the loss of economic costs of invasive alien species in Europe can be estimated as €12.7 billion/year1a, and in particular the costs for the agricultural, fisheries, forestry and health sectors amount to €5.1 billion/year, excluding the costs of epidemic animal and human diseases; in this regard, calls on the Commission to improve controls at the borders to ensure that imports introduced in the European Union do not put at risk European biodiversity and competitiveness, since the increasing volume of trade contributes to the spread of invasive species; _________________ 1ahttps://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:5200 8SC2887&from=EN
Amendment 26 #
2020/2273(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of systematically including a biodiversity dimension to all sustainable impact assessments (SIAs) that follow a robust methodology, as suggested by available Commission studies, and to consistently factor in biodiversity issues; requests that the Commission secure adequate funding for carrying out such analyses on biodiversity; calls for neutral and impartial SIAs to be launched as part of the scoping exercise phase on future free trade agreements and for them to be regularly updated as negotiations develop in order to adequately identify and address possible risks as early as possible, and to shape relevant bilateral commitments outlined in the negotiations; stresses the importance of systematically conducting regular ex post sustainable impact assessments to ensure consistency with the EU’s international commitments on biodiversity; calls for trade and sustainable development chapters to include time- bound roadmaps that provide verifiable commitments and objectives, which are to be regularly monitored by ex post SIAs and for the lowering of (non- )tariff barriers be made conditional thereon; invites the Commission to update existing chapters accordingly; recalls that FTAs should be based on a coordinated approach, fostering more consistency between trade, customs and market surveillance;
Amendment 41 #
2020/2273(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 52 #
2020/2273(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 64 #
2020/2273(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the EU to adopt a whitelist of endangered speciesanimal and plant species in the different regions of the world to efficiently combat the illegal trade thereof, to improve the training of customs officials and to support the establishment of a mechanism to prohibit the export of nationally protected endangered species in their countries of origin;
Amendment 68 #
2020/2273(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 88 #
2020/2273(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that the strategy should set out realistic, achievable, and fair objectives by giving the possibility and the time needed for stakeholders and respective actors involved to gradually adapt to any changes required in the production process without any abrupt shifts; deplores that the targets reduction do not take into consideration the progress already made by the European stakeholders;
Amendment 94 #
2020/2273(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Notes that Strategy will set out various constraints for producers and stakeholders, which should be counterbalanced by the provision of alternative tools; notes that the drastic reduction of technical means without valid alternatives would lead to a decrease in both agricultural production of EU and its competitiveness on export markets, without a proven guarantee of an effective improvement in terms of environmental impact and health;
Amendment 37 #
2020/2262(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Warns that legislation which increasesone of the aims of good legislation ought to be to reduce the administrative burdens greatly affectsimposed on SMEs and consumers by hindering competitiveness and prevent, albeit without hindering the fair and efficient functioning of the single market or preventing it from unlocking its full potential; calls on the Commission, with a view to providing evidence on the added value of EU action, and its costs and benefits, to strengthen the SME fitness check.
Amendment 1 #
2020/2260(INI)
Draft opinion
Recital A (new)
Recital A (new)
A (new) whereas in 2019, the value of total trade of agricultural goods between the EU and the rest of the world was €325 billion with a trade surplus of €39billion;1a _________________ 1ahttps://ec.europa.eu/eurostat/statistics- explained/index.php?title=Extra- EU_trade_in_agricultural_goods#EU_tra de_in_agricultural_products:_surplus_of _.E2.82.AC39_billion
Amendment 3 #
2020/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that EU trade policy has a major role to play in the transition towards more sustainable agri-food systems, in line with the Paris Agreement and the European Green Deal; without putting at risk the competitiveness of the European production; EU trade policy should be designed to provide the consumer with the best products putting European farmers and producers at the core; highlights that domestic related policies and trade should never encourage practices that lead to a significant increase of imports from third countries which might have less ambitious social, environmental and SPS standards;
Amendment 5 #
2020/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the aim of the Farm to Fork Strategy is to establish a sustainable, healthy and resilient food system which benefits consumers in the EU; recalls the importance of an overall impact assessment to make sure that any legislative measure is without prejudice to the EU internal market;
Amendment 12 #
2020/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the aim of the Farm to Fork Strategy is to establish a local, sustainable, healthy and resilient food system which benefits consumers in the EU;
Amendment 27 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that promoting healthy and sustainable food consumption calls for changesinvolves paying attention to diets, production systems and, internal trade and promoting public food education campaigns starting from primary schools;
Amendment 33 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EU internal market is the world’s biggest importer and exporter of agri-food products; is convinced that the EU should use this position to set the benchmark in terms of standards for sustainable food systems, based on the precautionary principle, environmental protection, , respect of human rights and animal welfare;
Amendment 40 #
2020/2260(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Deplores that the new initiative proposed does not take into account the impact of the Covid-19crisis and the consequent food insecurity in the European market; in this regard, stresses with big concern that the Covid-19 crisis is expected to significantly increase the EU population unable to afford a healthy and nutritious meal;
Amendment 43 #
2020/2260(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that the Covid-19 pandemic has highlighted the need to shorten the EU food supply chain and to make it less dependent on imports from third countries, thus increasing the EU’s resilience in order to meet the needs of consumers and to secure the food production and the stocks;
Amendment 45 #
2020/2260(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Underlines that local production is - and will always be - more sustainable than global food production as it meets the immediate needs of consumers, reduces food waste, and can have a lesser impact on the environment by reducing transport related GHG emissions;
Amendment 45 #
2020/2260(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to step up its support for regional food systems and short supply chains, which act as a source of fresh, sustainable and better quality products for consumers; takes the view that legislation on European public procurement should be revised in order to foster local, high-quality food supply systems; underlines the fundamental role of public administrations in the collective catering sector, in which priority should be given to organic, traditional, typical products, products with geographical indication and from a short supply chain;
Amendment 57 #
2020/2260(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that local, national or European preference in public tenders for food (canteens, hospitals, etc.) should be encouraged;
Amendment 58 #
2020/2260(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to identify practical ways of encouraging short supply chains, such as an exemption from VAT for products sold less than 100 km from their production site, and providing public spaces for the regular or seasonal sale of products from micro- enterprises or regional cooperatives;
Amendment 60 #
2020/2260(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that sustainable production should become a key characteristic of EU agri-food products, expanding the concept of quality to social and environmentthe Commission should take into account that sustainability is not only focused on environmental issues as it should be taken as a global concept also including economic and social aspects;
Amendment 65 #
2020/2260(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that the main objective of the Farm to Fork Strategy should be to guarantee the access to healthy and nutritious food for consumers at a fair price, as well as ensuring decent salaries for producers; furthermore the strategy should strengthen the position of EU farmers and producers in the global food supply chain; in this regard the strategy should also set out realistic, achievable, and fair objectives by giving the possibility and the time needed for producers to gradually adapt to any changes required in the production process without any abrupt shifts and without discriminating any sector per se;
Amendment 68 #
2020/2260(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Remarks that the loss of competitiveness and production capacity caused to European companies - if the announced Farm to Fork target thresholds are confirmed - could only be mitigated if the other major world players also adopted a system of equivalent environmental rules, reminds the Commission that currently there are no elements that make us think that this can happen in a sufficient way;
Amendment 69 #
2020/2260(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines the importance of preserving the production specificities, the quality and the distinctiveness of the EU productive model forged through historical and cultural practices; in this regard, stresses the need to consider that many farming practices are part of the national and European cultural heritage and are moreover designed by geographic, regionals and climate related specificities; recalls that those practices should be cherished as part of the European and international heritage and preserved from any ideological interferences; furthermore any future evolvement should take into account the local peculiarities of each Member State and the need to define proportionate and calibrated objectives according to the principle of subsidiarity;
Amendment 75 #
2020/2260(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to make it easier for quality products from micro- enterprises to access local markets;
Amendment 80 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and health; points out the importance of tackling free-riding throughout the food supply chain in order to ensure a fair price for products and protect the reputation of those products with quality marks;
Amendment 85 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and health; recalls the importance of effective application of the Directive on unfair practices in the agri-food chain;
Amendment 87 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the importance of enforceable Trade and Sustainable Development chapters in trade agreements to promote biodiversity, foster more sustainable agri-food production and stop EU-driven global deforestation; urges support for developing countries to promote food security and alignment with European standards for sustainability;le production and respect of human rights; ; in this regard, expresses its deep concern on how the Farm to Fork Strategy could generate a higher level of food insecurity worldwide, by reducing the European and the global production as suggested in the report published in 2020 by the United States Department of Agriculture; stresses that it has been evidenced that organic production alone is not able to meet the needs and provide the necessary aliments to feed the world population.
Amendment 90 #
2020/2260(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that, although food prices are soaring for consumers, producers are still receiving too low a share of the value added; calls for the distribution of value added to be rebalanced;
Amendment 97 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WelcomAcknowledges the Commission’s initiative to promote healthier diets by introducing nutritional profiles, accompanied by mandatovoluntary and harmonised labelling of the nutritional value of foods on the front of packaging; underlines however that front-of-pack labelling schemes as Nutri-Score, not based on actual portions of consumption, mislead consumers, influencing their choices on the basis of simplistic and distorted judgments that consistently lack nutrition- specific information;
Amendment 100 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WelcomAcknowledges the Commission’s initiative to promote healthier diets by introducing nutritional profiles, accompanied by mandatthrough consumer education campaigns and actions that inforym and harmonised labelling of the nutritional vabout the importance of a varied and balanced diet, which does not exclude ofany food as lon the front of packagingg as it is consumed in the right quantities and frequencies and which is accompanied by adequate physical activity;
Amendment 104 #
2020/2260(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Regrets the absence of an effective impact assessment for the Biodiversity and Farm to Fork strategies and recalls the need to present legislative proposals only when following an assessment of the overall effects of the strategies from an environmental, social and economic point of view;
Amendment 108 #
2020/2260(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the key to pursue the objective of healthier diets should be providing clear and correct information to consumers, not influencing their food choices with distortive claims on nutritional values; it further underlines that nutrition labelling schemes could be detrimental to some products that benefit from an indication of origin;
Amendment 113 #
2020/2260(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 115 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the risk of putting the EU agri-food sector at a competitive disadvantage in the absence of global convergence of standards, and of leading to increased costs for consumers; calls on the Commission to immediately conduct and present a comprehensive neutral impact assessment of the targets envisaged in the Strategy, as well as proportionate measures to maintain the competitiveness of the EU agri-food sector and ensure reciprocity of standards; recalls that FTAs should be based on a coordinated approach, fostering more consistency between trade, customs and market surveillance; furthermore, urges the Commission to set a more ambitious agenda regarding food fraud and adulteration in FTAs;
Amendment 122 #
2020/2260(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Regards it as essential, further, to keepsafeguard consumers better informed by introducing mandatory origin labelling of food, which would be broadened to cover animal welfare, sustainability and pesticide residue levels’ right to complete information for a conscious and safe choice by introducing mandatory origin labelling of food and the need to evaluate, in the context of the labelling of products of animal origin, an indication on the animal welfare, sustainability and pesticide residue levels; stresses in any case that every initiative in this sense should be subject to the need to safeguard the European livestock market;
Amendment 129 #
2020/2260(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the Farm to Fork Strategy will set out various constraints for producers which should be counterbalanced by the provision of alternative tools; in this regard calls on the Commission to support research, development and innovation activities related to the agri-food sector in order to provide realistic, science based and suitable solutions, which can ensue the necessary tools (like NBT) and lead to feasible new practices in order to achieve a more sustainable agricultural production;
Amendment 134 #
2020/2260(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines the importance of extending the indication of origin labelling, including that of primary ingredients, to all agricultural supply chains; stresses that the indication of origin requirement should be made uniform throughout the EU internal market in such a way that is sustainable for the entire agri-food chain;
Amendment 142 #
2020/2260(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 145 #
2020/2260(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Considers that the clear and mandatory origin labelling of food should indicate a precise place of origin in the Member State or third country concerned;
Amendment 169 #
2020/2260(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Supports the Commission in its efforts to combat food fraud, which misleads consumers and distorts competition in the internal market, and regards it as essential to make the penalties imposed on fraudsters more dissuasive and to earmark sufficient resources so that checks can be stepped up and legally define at EU level the concepts of “Fraud and Agri-food Crime” and that of “Sounding”;
Amendment 186 #
2020/2260(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that the tools of the Farm to Fork Strategy could be profitable for the European market only if environmental and social sustainability are placed at the core of the EU trade policy in relation to agreements with third Countries;
Amendment 5 #
2020/2223(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that competition policy applies only to actors operating on European territory, but that the globalised nature of the economy and trade enables key players to implement global strategies that are not subject to EU legislation and are designed to circumvent it, generating significant economic and social harm in Europe while appearing to meet the objectives of European competition; strongly recommends that these objectives, in particular those of low prices and the strong competition supposedly conducive to creativity, be revised in the light of the costs and destruction that their implementation entails, with the focus shifting to fair prices and equitable development;
Amendment 8 #
2020/2223(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls the importance of safeguarding consumers' right to a conscious and safe choice by promoting tools that will ensure the highest level of transparency about the composition and origin of products;
Amendment 34 #
2020/2223(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the importance of a few online operators acting as gatekeepers to the digital economy, including access to e- commerce markets and the consequences on freedom of choice for consumers and access to markets for companies; underlines, thereforein that connection, the strategic requirement for the EU to have companies with comparable capacities, and calls on the Commission to adapt competition law rules in order to foster the rapid recovery of Member States’ economies and the emergence of such companies; stresses, further, the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair and competitive; looks forward to seeing this instrument in the forthcoming Digital Markets Act proposal;
Amendment 45 #
2020/2223(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that the Vertical Block Exemption Regulation has been inadequately adapted to recent market developments, notably the growth of online sales and online platforms; welcomes the impact assessment recently launched by the Commission and calls for further steps to address the issue, without prejudice to legislation on future services and digital markets;
Amendment 57 #
2020/2223(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that the significant state aid support related to the COVID-19 crisis by some Member States has resulted in a substantial variation in state aid intensity across the EU internal market; strongly encourages the Commission to ensure a balanced application of state aid schemes in order to avoid asymmetries that could endanger free and fair competition in the internal market;
Amendment 59 #
2020/2223(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Encourages the adoption of measures to strengthen European start- ups and SMEs as a means of supporting their competitiveness with non-EU ones, in accordance with the level playing field principle; stresses the need of a proper application of competition policy to third- country companies operating in the EU internal market;
Amendment 61 #
2020/2223(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure fair and secure access to data for all market participantsin keeping with a European strategy of protection and sovereignty in their hosting, processing and management; notes that ithis should empower all consumers to control their data, whatever form they take and including the metadata of online services, such as connection details, interaction arrangements or information on the IT equipment used, and provide them with additional rights in terms of data portability and interoperability in order to ensure that the single market for data is based on European values and fair competitionthe full and uniform application of European law.
Amendment 37 #
2020/2217(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and Member State authorities to combat tax evasion and abuses of dominant positions by non-European businesses active on the market for algorithmic systems for personal-data analysis;
Amendment 47 #
2020/2217(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the need to create a single European data space with the aim of ensuring the free flow of non-personal data across borderall Member States and sectors; underlines the principle of the free flow of non-personal data as imperative for a single market for data, providing a level playing field for data sharing between stakeholders; considers that business-to- business (B2B) and business-to- government (B2G) data sharing should be voluntary, while mandatory access to data should also be envisaged to remedy potential market failures relating to the monopoly exercised by particular third- country actors;
Amendment 58 #
2020/2217(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises how important it is that European citizens’ personal data should preferably be processed in Europe;
Amendment 62 #
2020/2217(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Points to the unique nature of certain personal data, such as health data, children’s data and intimate private data, e.g. sexual preferences or personal photos; stresses that anonymisation of such data should be guaranteed and that storage or analysis thereof outside the European Union should not be authorised;
Amendment 72 #
2020/2217(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Considers that a Member State should be able to oblige cloud service providers and digital businesses operating in the European Union, whether located in the European Union or in a third country, to provide access to any relevant personal data relating to terrorism, even if stored in a third country;
Amendment 97 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the development of a European industrial and technological base requires the introduction of a European preference for local or European production in digital procurement in Europe;
Amendment 99 #
2020/2217(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that any authorisation by a contracting authority for economic operators from countries outside the European Union or the European Economic Area to participate in a procedure for the award of digital contracts, such as for cloud services, must take into account, inter alia, the imperatives of information and supply security, the safeguarding of defence and state security interests, the interest in developing a European digital industrial and technological base, and reciprocity requirements;
Amendment 106 #
2020/2217(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Points to the need to protect European subcontractors and producers of critical digital components, applications or systems in view of the predatory approach of third-country businesses;
Amendment 107 #
2020/2217(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Points out that, in the United States, the government has invested massively in new technologies: USD 1 400 billion in 20 years since the inception, in the early 1990s, of Al Gore’s information superhighway plan; points out that, by comparison, the EUR 2 billion investment planned by the Commission in a project on European data spaces and federated cloud infrastructure appears derisory; calls therefore on the Commission to authorise Member State aid to strengthen local or European businesses active in the field of digital data and to put an end to third-country businesses’ monopoly in Europe in this strategic area;
Amendment 9 #
2020/2216(INI)
Motion for a resolution
Recital D
Recital D
D. whereas artificial intelligence (AI) can offers many benefits but also presents certain risks;
Amendment 20 #
2020/2216(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes the EU needs to become a world leader in digital innovation; considers that the digital single market is about removing national barriers and having a better organised and common European approach for market integration and harmonisation; believes that further actions are needed at both Member State and EU level to achieve this;
Amendment 46 #
2020/2216(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to follow the ‘one in, one out’ principle in its future legislative proposals, and to address the fragmentation of the digital single market, remove any existing unjustified barriers, and support innovation by reducing red tape;
Amendment 56 #
2020/2216(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that substantial investment in AI and other key new technologies is required; calls for NextGenerationEU, as well as public and private funding, to increase investment so as to reflect the EU’s ambition of becomstrengthen and improve the EU’s standing at global technological leader and reaping the full benefits of digitalisationlevel;
Amendment 73 #
2020/2216(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that we need a data economy that works for the entire EU, as it is a key enabler of digitalisation; believes that it is important for the EU to guarantee a high degree of control over data, with clear and balanced rules on intellectual property rights (IPR), but considers it essential to maintain openness towards third countries, and that the free flow of non-personal data across borders is important;
Amendment 99 #
2020/2216(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly bBelieves that AI can be a force for goodplay a positive role for all European citizens, and offer significant benefits and value for the economy, safety, security, education, healthcare, transport and the environment; believes the security, inclusiveness, accessibility and fairness, especially for groups in vulnerable situations, of AI- driven products and services need to be ensured;
Amendment 105 #
2020/2216(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that while AI offers greatood potential, it can also present certain risks due to issues such as bias and opacity;
Amendment 157 #
2020/2216(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that the development of a voluntary labelling scheme for trustworthy AI, based on clear and common guidance drawn up by the Commission, could help improve consumer trust involving all relevant stakeholders and based on transparent standards could help improve consumer trust; this labelling could notably include information on safety aspects, such as a safety score, and minimum age requirements;
Amendment 186 #
2020/2216(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Highlights the importance of education and research for AI; therefore calls on the Commission and the Member States to establish an EUrengthen and enhance existing centres of excellence for AI; considers that this should be done with the involvement of universities, companies and research institutions; believes that such a centre can help to provide specialised training and development for regulatory authoritie such as the European Artificial Intelligence Networks;
Amendment 9 #
2020/2131(INI)
2. Stresses that the implementation of the SME strategy should focus on supporting SMEs to help them maintaand reacting their existence, as the COVID-19 crisis has delivered a shock to many SMEs and their role in the everyday life of Europeanso the COVID-19; micro and SMEs should be considered an essential asset in the post- COVID 19 transition;
Amendment 23 #
2020/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that SMEs should be burdened as little as possible and encourages the Commission to use strong enforcement action to ensure that the single market benefits all businesses and consumers and to counter gold-plating and other regulatory restrictions; recalls that in the post-COVID recovery further market deregulation should be harmonised with workers’ rights protection;
Amendment 30 #
2020/2131(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses Member States to avoid practices of unfair competition inside the internal market, as they could seriously affect micro and SMEs and consumer rights;
Amendment 33 #
2020/2131(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights that unfair competition usually driven by extra - UE companies is very detrimental to the European SMEs, especially in the post-COVID recovery; efficient trade defence instruments should be accessible to SMEs and they should avoid unfair practices from third countries;
Amendment 35 #
2020/2131(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Recalls that an effective “green” approach, favourable to SMEs, should avoid imposing extra burdens on SMEs while allowing imports from third countries which are not respecting free trade and “green” standards;
Amendment 39 #
2020/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the crucial role of data as the lifeblood of the digital economy; supports the Commission in establishing European data spaces for trusted and secure data sharing to ramp up data flows between businesses and with governments; recalls that digital trainings and upskilling and reskilling programs for entrepreneurs and employees could support the recovery of SMEs and foster their competitiveness in the EU market;
Amendment 61 #
2020/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to simplify procurement tendering processes by using the flexibility of the EU’s new procurement framework and to enhance opportunities for SMEs by using digital tools and platforms to expand cross-border procurement; stresses that green public procurement and a simplified access to tenders can make an important contribution to building a sustainable economy; where possible, calls for preferring European micro and SMEs in public tenders;
Amendment 77 #
2020/2131(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the importance of family -run and family-owned businesses, as the backbone of local economies; they create wealth, provide jobs, are locally rooted and connected to local communities; underlines that family businesses make up more than 60% of all companies in Europe, they range from sole proprietors to large international enterprises; big or small, listed or un- listed, family businesses play a significant role in the EU economy.
Amendment 15 #
2020/2077(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that placing sustainable products either from member states or third countries on the internal market should be the norm and calls for a horizontal Sustainable Product Framework Directive setting mandatory minimum requirements for durability, interoperability, reparability, by the consumer or by an authorised specialist, upgradability, reusability and recyclability for all products alongside further product- specific requirements; therefore a clear and comprehensible definition of "sustainable products" has to be provided by the Commission;
Amendment 21 #
2020/2077(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the importance of not unilaterally passing on the additional costs arising from the New Circular Economy Action Plan to consumers; further it is inevitable to set all measures in the sense of the free market economy and the preservation of the competitive ability in the international competition;
Amendment 44 #
2020/2077(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s intention to empower consumers to further engage in sustainable consumption practices; calls for mandatory labelling on product durability and reparability, and the development of a repair score, in addition to minimum information requirements; asks for both the legal guarantee rights and the reversed burden of proof rules to be extended based on the lifespan of products, the introduction of direct producer liability, and for legislative measures to ban practices resulting in premature obsolescence; the minimum legal guarantee period of two years is not appropriate for all products. In order to meet consumers legitimate expectations, a guarantee period of five or 10 years should be set for certain categories of products;
Amendment 63 #
2020/2077(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the establishment of an EU-wide ‘right to repair’; calls, in this context, for measures to provide unrestricted and free access to repair and maintenance information and to spare parts for a proportionate price to all market participants, to define a mandatory minimum period of time for the availability of spare parts and/or updates, a maximum time-limit for their delivery, and for repair to be given priority under the legal guarantee regime;
Amendment 73 #
2020/2077(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that effective enforcement is crucial to making sure that products placed on the market comply with sustainability requirements; calls, therefore, for greater EU oversight, through setting harmonised rules on the minimum number of checks and their frequency, and by empowerasking the Commission to monitor, report in a recurrent period to be determined and audit the activities of national authorities, as well as to carry out regular tests and inspections;
Amendment 105 #
2020/2077(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for a revision of EU public procurement legislation introducing mandatory minimum targets, through defining a certain percentage for procurement based on economic, environmental, social and ethical criteria, and introducing a transparent hierarchy of award criteria, together with sector-specific targets.;
Amendment 5 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes note of the Commission’s initiatives to support European SMEs’ access to international markets; stresses, however, that SMEs have to deal with too many regulations and burdens and excessive bureaucracy; stresses that SMEs are kept at a competitive disadvantage by investing in climate neutrality to comply with the Green Deal while trying to remain competitive and thrive on export markets; furthermore stresses that the European Green Deal represents a disproportionate additional financial burden on SMEs and industry, distorting global competition and, under the impact of the COVID-19 crisis, seriously jeopardising their professional existence;
Amendment 14 #
2020/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that the COVID-19 crisis has severely hit European industry and threatening the employment market, call in this regard the Commission to re- focus on concrete actions to support industrial and local production and related exports alternatively to concentrate on a carbon-neutral economy;
Amendment 18 #
2020/2076(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. underlines that european SMEs and instustry are already champion in the green economy and in green tools; in this regard the commission should accompany Member States towards exporting this tools and know-how to create a global level playing field;
Amendment 26 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to focus on domestic productivity on the basis of research and innovation within Europe, in order to establish a strategic autonomy and less dependence on vulnerable supply chains in core industry sectors such as the tech and telecommunications, medical products and, pharmaceuticals and agricultural sectors, especially in times of global crisis, and to remain competitive on the global markets;
Amendment 36 #
2020/2076(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that industry is a national competence, which should be driven by the interest of local business and local producers; stresses however that the European Commission should give the opportunity to Member States of developing a proper strategy to enhance the exchange of information in order to achieve positive impact on trade relations -in and outside of the internal market-;
Amendment 38 #
2020/2076(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Underlines that industry counts for 80% of European goods exports and employs around 35 million people, calls the Commission to take into account the significant added value industry brings to the European employment market and social rights and its crucial place as a factor of prosperity and competitiveness;
Amendment 44 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports, in principle, the initiative to reinforce a rule-based multilateral trading system; expresses its concern, however, about the functioning of the WTO, owing to some international actors abusing their market power; in this regards underlines the need of creating a level playing field while being mobilised on reforming the WTO toghether with international partners;
Amendment 49 #
2020/2076(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Deplores that during the Covid-19 crisis there has been a spread of disinformation, propaganda and misleading information, as well as a considerable lack of management of the interference of Chinese actors within the EU, which has undermined trust in the trade markets overall and created a negative impact on procurement markets;
Amendment 18 #
2020/2071(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas stocks are often not in the right storage location, even if available in the supply chain, and patients are unable to get them at the delivery point due to a lack of information, giving a false sign of a shortage of medicines;
Amendment 30 #
2020/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Member States to enhance their cooperation in order to improve the distribution chain through better visibility and efficient monitoring, planning and timely exchange information regarding important deliveries, particularly on cross-border routes, and to establish corridors where medical supplies have priority of delivery;.
Amendment 46 #
2020/2071(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States to adopt strategic plans to upgrade their existing infrastructure for an efficient supply of medicines, including inexpensive, essential medicines; deems it necessary to remove bottlenecks, boost intermodality (while favouring the shift to rail), finance the main hubs (ports, airports and intermodal platforms), and enhance the delivery of various types of goods, including dangerous goods crucial for the production of the chemical and pharmaceutical industry;
Amendment 82 #
2020/2071(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses the need to reduce transport costs, while preserving the level of service, minimising the number of kilometres of the routes, having ready and effective response tools to changes, both in ordinary operations and in exceptional periods of crisis, such as for COVID-19;
Amendment 85 #
2020/2071(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls for the implementation of innovative solutions to enable the safe transport of temperature-sensitive drugs, tracing the products through a constant remote monitoring in real time of medicines and their temperature from production to the final customer;
Amendment 87 #
2020/2071(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls for a revision of the EU Guidelines on Good Distribution Practice (GDP) of medicinal products for human use, taking into account the need to improve the efficiency of the supply chain, to reduce the products losses, and to implement innovative solutions, also in light of the recent COVID-19 outbreak;
Amendment 90 #
2020/2071(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Calls on the Member States to implement strategies improving prevention and management of shortages caused by disruptions in the supply chain, to develop guidance for companies on reporting of shortages, and to favour the exchange of best practices among regulatory authorities to better coordinate actions between Member States;
Amendment 91 #
2020/2071(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7 e. Calls on the Commission to revise Directive 2008/68/EC on the inland transport of dangerous goods adopting specific measures for the supply of dangerous goods in support of the chemical and pharmaceutical industry;
Amendment 92 #
2020/2071(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7 f. Calls on the Commission to revise Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States assessing possible provisions aimed at improving the logistics chain for the transport of medicines;
Amendment 93 #
2020/2071(INI)
Draft opinion
Paragraph 7 g (new)
Paragraph 7 g (new)
7 g. Calls on the Commission to address the problem of the shortage of medicines in the work programmes adopted within the Multi-Annual Financial Framework 2021-2027, in particular by increasing the focus on aspects linked to research and innovation under Horizon Europe and other programmes;
Amendment 94 #
2020/2071(INI)
7 h. Calls on the Commission to implement an observatory, monitoring and coordinating actions at European- level, about the shortages of medicines, without any increase of the EU's budget.
Amendment 95 #
2020/2071(INI)
Draft opinion
Paragraph 7 i (new)
Paragraph 7 i (new)
7 i. Calls on the Commission and Member States to closely coordinate to protect the resilience and sustainability of the healthcare supply chain, which ensures the continuous availability of medicines, as well as their safe distribution and fair allocation to all dispensing points within Member States.
Amendment 96 #
2020/2071(INI)
Draft opinion
Paragraph 7 j (new)
Paragraph 7 j (new)
7 j. Calls for transparency at EU level through the introduction of a Europe- wide medicines shortages database and an early warning system involving the main supply chain stakeholders, from manufacturers, full-service healthcare distributors / pharmaceutical full-line wholesalers, pharmacists to prescribers and the national competent authorities, about existing and anticipated shortages, providing their root causes in a harmonised, comparable manner.
Amendment 97 #
2020/2071(INI)
Draft opinion
Paragraph 7 k (new)
Paragraph 7 k (new)
7 k. Calls on the Member States to ensure that all main stakeholders of the healthcare supply chain (manufacturers, full-service healthcare distributors /pharmaceutical full-line wholesalers, pharmacists) to be recognised as critical infrastructure to maintain the continuous and safe supply of medicines in extraordinary circumstances, such as the ones currently experienced in the COVID- 19 crisis or even taking into account the distribution of an upcoming vaccine.
Amendment 98 #
2020/2071(INI)
Draft opinion
Paragraph 7 l (new)
Paragraph 7 l (new)
7 l. Notes that the COVID-19 outbreak has laid bare the weaknesses of the European production system, highlighting the importance of delivering medicines swiftly in urgent and exceptional circumstances that could arise in the future, thereby stressing the importance and availability of existing and established infrastructure, including logistical hubs, warehouses and networks, for the safe and efficient distribution of medical supplies, including also the possibility for keeping stocks of medicines for emergency use.
Amendment 1 #
2020/2043(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas, as stated in the TFEU, environmental affairs are a shared competence with Member States;
Amendment 2 #
2020/2043(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. whereas the European Union in 2017 was the first net importer of CO2 emissions worldwide;
Amendment 7 #
2020/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is convinced that a purpose-built trade policy can be an important driver in steering economies towards decarbonisation in order to achieve the climate objectives set in the Paris Agreement and the European Green Deal;, taking into account that the latest EU’s ambitious policies in the climate field seem to set unattainable objectives which might damage the EU competitiveness overall
Amendment 14 #
2020/2043(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that the CBAM should be formulated as a valuable instrument to protect from unfair competition and counterbalance the higher production costs that the EU Green Deal will evoke to EU companies; in this regard, highlights the need to ensure the level playing field for EU companies, as the standards imposed in the EU Green Deal are not equally ambitious in third countries, which has further increased the phenomenon of delocalisation aggravating the problem of ‘‘carbon leakage’’;
Amendment 20 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports, in the absence of a global carbon price and a multilateral solution, a market-based EU carbon border adjustment mechanism (CBAM) on condition that it is, notes that this has been the Commission’s intention for a number of years, but that it has only very recently engaged with stakeholders to set such a mechanism in motion and has yet to flesh it out with any real substance, stresses that this mechanism must be compatible with EU free trade agreements (FTAs) and WTO rules (by being non- discriminatory and not constituting a disguised restriction on international trade), and that it is proportionate, based on the polluter pays principle and fit for purpose in delivering the climate, environment and social objectives;
Amendment 40 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the general exception clause of Article XX of the General Agreement on Tariffs and Trade (GATT) should be the basis for any CBAM design and its onlymain rationale should be: an environmental one – reducing global CO2 emissions and preventing carbon leakage by reducing logistics chains, slowing down global flows and promoting local production and consumption circuits; recommends that the price per tonne of CO2 take account of the real environmental cost of a product, encompassing not only production costs but also transportation costs, which should include a coefficient for actual distance travelled; stresses that this real cost must not only offset the environmental cost of products, but also contribute to bolstering the internal market and providing impetus for reducing the carbon footprint and volume of world trade;
Amendment 45 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the general exception clause of Article XX of the General Agreement on Tariffs and Trade (GATT) should be the basis for any CBAM design and its only rationale should be, avoiding any arbitrary or unjustifiable discrimination between countries where the same conditions prevail with regards of countries which environmental standards might be lower and its rationale should be competitiveness as well as an environmental one – reducing global CO2 emissions and preventing carbon leakage;
Amendment 50 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the general exception clause of Article XX of the General Agreement on Tariffs and Trade (GATT) should be the basis for any CBAM design and its only rationale should be an environmental one – reducing global CO2 emissions and preventing carbon leakage; while protecting the competitiveness of the EU industrial sectors in Europe and worldwide;
Amendment 63 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for thorough impact assessments and for the utmost transparency of the process leading to the CBAM, as well as engagement with the EU’s trading partners to build coalitions and avoid any possible retaliastresses that this must be accompanied by robust and coherent diplomacy on the part of the European Union and Member States in accordance with their respective competences, with a view to preventing and countering any possible retaliations, by means, inter alia, of engagement with the EU’s trading partners to build coalitions;
Amendment 69 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for thorough objective, independent and periodic impact assessments and for the utmost transparency of the process leading to the CBAM, as well as engagement with the EU’s trading partners to build coalitions and avoid any possible retaliations;
Amendment 70 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for thorough impact assessments and for the utmost transparency of the process leading to the CBAM, as well as engagement with the EU’s trading partners and stakeholders to build coalitions and avoid any possible retaliations;
Amendment 82 #
2020/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that many carbon- and trade- intensive industrial sectors could potentially be impacted by the CBAM, either directly or indirectly, and that it could influence supply chains; stresses that any CBAM should be easy to administer and not place an undue burden on enterprises, especially small and medium- sized enterprises (SMEs)., that need a stable and predictable policy and legislative framework in order to make the necessary investments, especially on national custom authorities and the implementation of the Union Customs Code, trying to balance between the complexity and efficiency of the instrument;
Amendment 94 #
2020/2043(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. In this regard, recalls that the CBAM should comprise a complex and detailed method to calculate objectively the amount of carbon in the products included in its scope; for this purpose a strong system of the effective rules of origin (RoOs) is needed in order to avoid and reduce additional administrative and bureaucratic obstacles for companies, especially for the SMEs;
Amendment 99 #
2020/2043(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Highlights that one of the purposes of the CBAM should be to spur the reshoring of EU manufacturing activities, especially in the context of the Covid19 crisis, considering the fact that the pandemic has further shown the risks of depending on third countries’ economies and non-EU sources;
Amendment 12 #
2020/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomNotes the announcement from the G20 on a temporary moratorium on debt repayments for the weakest developing countries and encourages private creditors to take part in this operation;
Amendment 22 #
2020/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the European Union still has important economic ties with African states, and that China has intensified its economic engagement in Africaincluding Economic Partnership Agreements (EPAs), which have not turned out to be the most appropriate tools for pursuing the development process for which they were intended and which, on the contrary, are threatening existing local production and are liable to hamper the establishment of new job- and wealth-creating businesses;
Amendment 32 #
2020/2041(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is of the view that Chinese presence and investments in Africa have increased considerably and that there is a need to remain vigilant as to the economic, social and environmental impact of the Chinese approach in Africa, in order to preserve the commercial interests of African states and of EU Member States;
Amendment 35 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that the role of many African states in the international division of labour does not promote theireconomic development in those states that is sustainable developmentover time;
Amendment 57 #
2020/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to support Africa in its ambitions for a continental free trade area by making the necessary adjustments in order to implement itsto the Economic Partnership Agreements (EPAs) and make them fit the project of the Continental Free Trade Area;
Amendment 65 #
2020/2041(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that the fragmented implementation of EPAs hasinadequacy of the EPAs has undermined the already delicate process of continental integration and resulted in a lack of substantial progress in supporting regional integration, capacity-building on border cooperation, and improvements in investment climates and good governance;
Amendment 76 #
2020/2041(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for a concrete proposal that establishes common initiatives on a renewablen energy supply on thethat is suited to the specific territorial, geographic and demographic features and needs of African countinentries;
Amendment 84 #
2020/2041(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises the need for substantial sustainable investments that enable leapfrogging in the African states; African states to promote job creation, develop their production and processing sectors in situ and manage their resources more effectively, in order to achieve the objectives of greater 'economic autonomy';
Amendment 99 #
2020/2041(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Highlights the need to promote, support and encourage female and youth entrepreneurship;
Amendment 28 #
2020/2019(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomAcknowledges efforts to bring transparency to advertising online and considers thatbut emphasises the need for further clarity and guidance is needed as regards professional diligence and obligations for platforms; believes that where advertisers and intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the content of advertisements, in order to allow for consumer redress in the case of false or misleading advertisements; calls for the list of legal representatives to be made public and easily identifiable on the sites of platforms;
Amendment 33 #
2020/2019(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that the websites of platforms should provide a means for consumers to easily lodge complaints concerning false or misleading third-party advertising on these platforms;
Amendment 34 #
2020/2019(INL)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Is of the opinion that the list of legal representatives established in the EU that can be held responsible for the content of advertisements must be easily accessible on the platforms’ websites;
Amendment 42 #
2020/2019(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to clarify what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should actively monitor the advertisements shown on their sites, in order to ensure they do not profit from false or misleading advertisements, including from influencer marketing content which is not being disclosed as sponsored; underlines that advertisements for commercial products and services, and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules;
Amendment 61 #
2020/2019(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that EULAs should always make the sharing of all data with third parties optional unless vital to the functioning of the servicesand that, in the event that such sharing is necessary to the functioning of the services, the end user should be duly informed in a clear, immediate and transparent manner; asks the Commission to ensure that consumers can still use a connected device for all its primary functions even if a consumer withdraws their consent to share non- operational data with the device manufacturer or third parties;
Amendment 71 #
2020/2019(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes the rise of “smart contracts” based on distributed ledger technologies; asks the Commission to analyse if certain aspects of “smart contracts” should be clarified, inter alia putting forward an unequivocal definition of “smart contract” and of “DLT”, and if guidance should be given in order to ensure legal certainty for businesses and consumers; stresses that these guidelines should take account of the specific legislative and industrial fabric of each Member State; asks especially for the Commission to work to ensure that such contracts with consumers are valid and binding throughout the Union; that they meet the standards of consumer law, for example the right of withdrawal under Directive 2011/83/EU4; and that they are not subject to national barriers to application, such as notarisation requirements; __________________ 4 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
Amendment 94 #
2020/2018(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should alsomust become guiding principles of the future regulatory framework;
Amendment 106 #
2020/2018(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that European SMEs and start-ups should be able to compete on a level playing field with non-EU ones; notes that European businesses are often unable to access the same amount and quality of datasets as non EU-businesses, which undermines the competitiveness of European businesses in the European and global markets;
Amendment 168 #
2020/2018(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users, their data and society at large and preventing their services from being exploited abusively.
Amendment 180 #
2020/2018(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules without any prejudice to the rights to freedom of expression and reinforce fundamental rights;
Amendment 201 #
2020/2018(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; or defrauding consumers;
Amendment 311 #
2020/2018(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that child pornography is a widespread and steadily growing phenomenon that cannot go unnoticed and must be fought vigorously by common action;
Amendment 357 #
2020/2018(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour and require platforms to react more quickly and to be more transparent about the actions taken; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
Amendment 473 #
2020/2018(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 484 #
2020/2018(INL)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes that over the years national authorities managed and solved critical aspects related to the evolution of e- commerce in an effective but fragmented way within the Union; stresses that a consistent approach between Member States is desirable;
Amendment 487 #
2020/2018(INL)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 495 #
2020/2018(INL)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Considers that a network of independent National Enforcement Bodies (NEBs) on DSA should be reinforced;
Amendment 520 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 4
Annex I – part I – paragraph 4
The Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as the protection of privacy, non-discrimination, dignity, fairness and free speechdom of expression;
Amendment 893 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 2
Annex I – part VIII – paragraph 2
Amendment 898 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 3
Annex I – part VIII – paragraph 3
Amendment 903 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 4
Annex I – part VIII – paragraph 4
Amendment 915 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 5
Annex I – part VIII – paragraph 5
Amendment 4 #
2020/2015(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that any regulatory intervention on IPRs on AI should be combined with initiatives aimed at promoting access to quality data for European start-ups and SMEs, which currently face severe challenges when compared to global actors;
Amendment 16 #
2020/2015(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls that any modification of the IPRs system to face AI challenges should not impact on micro enterprises and SMEs in terms of increased administrative and economic burdens;
Amendment 19 #
2020/2015(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to offer support to start-ups and SME, SMEs and micro businesses via the Single Market Programme and Digital Innovation Hubs to protect their products, ensuring their ideas do not get swallowed up by international players; considers that the structure of DHIs already in place should not change in order to avoid jeopardising their business continuity;
Amendment 40 #
2020/2015(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to foresee the disclosure of the code or algorithm in specific cases; considers that IPRs should not stand in the way of businesses when it comes to defects related to AI generated inventions, in order to avoid deterring investments;
Amendment 10 #
2020/2013(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that in the COVID-19 health crisis, several Member States have launched the development of mobile apps to protect public health by alerting citizens to past contact with someone who has tested positive for the virus; calls for a common EU approach to AI-enabled mobile apps, the development of which must remain under state control; notes that development of these mobile apps began late; points out that some experts believe their value is now limited in view of the evolution of the pandemic and availability of alternative tracing methods; draws attention to the legitimate concerns regarding personal data protection and the inadequacy of the tests carried out;
Amendment 37 #
2020/2013(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that Member States and the Commission should promote AI technologies that work for people; calls on the Member States, in close cooperation with the Commission, to develop AI applications aimed at automating and facilitating e-government services, for example in the areas of tax administration, customs and consumer protection; underlines that explainable algorithms are important to ensure that businesses and consumers benefit from better, non- discriminatory and reliable public services which do not give rise to discrimination between European citizens, and at a lower cost.
Amendment 46 #
2020/2013(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Insists that European competition and public procurement law be updated in order to promote the emergence of world- class AI players based in Europe;
Amendment 38 #
2020/2012(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the personal data of European citizens should preferably be processed in Europe.
Amendment 59 #
2020/2012(INL)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 72 #
2020/2012(INL)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that where European public funds contribute to the development or implementation of an algorithmic system of a consortium comprising a non-European company, the code and the non-personal data generated should be public by default.
Amendment 74 #
2020/2012(INL)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses that where non-European public funds contribute to the development or implementation in Europe of an algorithmic system, the code and the non-personal data generated should be public by default.
Amendment 84 #
2020/2012(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Underlines the importance of ensuring that the interests of marginalised and vulnerable consumers and groupEuropean citizens are adequately taken into account and represented in any future regulatory framework; notes that for the purpose of analysing the impacts of algorithmic systems on consumers, access to data should be extended to appropriate parties notably independent researchers, media and civiluniversity or society organisationntific researchers, while fully respecting Union data protection and privacy law; recalls the importance of training and giving basic skills to consumers to deal with algorithmic systems in order to protect them from potential risks and detriment of their rights;
Amendment 97 #
2020/2012(INL)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 106 #
2020/2012(INL)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission and the authorities of the Member States to combat tax evasion and the abuse of a dominant position by non-European companies in Europe active in the market for algorithmic systems;
Amendment 117 #
2020/2012(INL)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the need for the authorities to put an end to the practices of massive and systematic profiling or tracking of consumers organised by some players in the advertising industry on the internet or mobile phones; notes that these tools collect very sensitive data about behaviour, interests or health, even from minors and that they are then used by third parties; regrets that the lack of supervision by the authorities strengthens the market power of less ethical players and dissuades some players from offering more ethical solutions that are more favourable to consumers.
Amendment 118 #
2020/2012(INL)
Draft opinion
Paragraph 13
Paragraph 13
Amendment 130 #
2020/2012(INL)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Demands an update of European competition and public procurement law to promote the emergence of world-class players based in Europe;
Amendment 131 #
2020/2012(INL)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls for measures to encourage global companies to relocate part of their employment, research and digital systems and products to Europe, if they want to benefit from full access to the European market;
Amendment 132 #
2020/2012(INL)
Draft opinion
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Calls for respect for European and national preferences, for the development of European territories and employment in the sector of artificial intelligence and robotics; stresses the importance of preventing the takeover of strategic companies by non-European players;
Amendment 28 #
2020/2007(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that insufficientcomplete national implementation of existing legislation continues to seriously hamper the free mobility of workers within the EU to the detriment of workers and the European economy as a whole;
Amendment 43 #
2020/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that while it is a competence of Member States to regulate a certain profession, they must respect the limits of the principles of non- discrimination and proportionality, as explicitly stipulated in the Proportionality Test Directive; regrets that the assessment of proportionality is rarely carried out; calls on the Commission to define the concept of proportionality more precisely and to provide Member States with practical guidelines for its application;
Amendment 60 #
2020/2007(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the Services Directive and the PQD build on the principle of mutual recognition to facilitate free movement of services; calls on the Member States to extend mutual recognition to more levels of education and to improve or introduce the necessary procedures as soon as possible; recalls that the country of destination principle was not included in the Services Directive;
Amendment 62 #
2020/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. EncouragesCalls on the Commission to fully enforce existing rulnot to exceed its competences disproportionately and, in accordance with the principle of subsidiarity, to give the Member States room for development in their policies and legislation on the free movement of workers and services; calls for alternative resolution mechanisms to be assessed and for infringement procedures to be applied swiftly and rigorously whenever breaches of relevant legislation are identified or disproportionate non-regulatory burdens introduced;
Amendment 45 #
2020/1998(BUD)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. stresses the need of rationalizing the use of the resources allocated to boost and develop the sectors of transport and tourism, as well as promoting a strong reduction of bureaucracy in order to cut the implementation times and costs for the European infrastructure network that is still unrealized.
Amendment 46 #
2020/1998(BUD)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. notes with concern the absence of any strong effort to boost the realization of the comprehensive network, which has a fundamental socioeconomic value especially for the peripheral areas where improving mobility is one of the key factors to avoid depopulation and economic decline.
Amendment 47 #
2020/1998(BUD)
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. notes with concern that the cross compliance related to the Green New Deal could prevent Member States and companies from having access to resources, even though the actual economic crisis due to the COVID-19’s pandemic requires a full and strong injection of liquidity to the enterprises.
Amendment 48 #
2020/1998(BUD)
Draft opinion
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. deeply regrets the Council conclusions agreed by the Member States on 21July 2020 pre-allocating EUR 1 384 from the general envelope of CEF to the completion of missing major cross-border railway links between cohesion countries in order to complete the Rail Baltica; recalls that CEF funding is based on the competitiveness of projects for the EU-27 and it is not dedicated to the Cohesion Countries only, therefore it is not possible to pre-allocate funds to a specific project of a limited number of Member States; calls the Parliament to confirm its position allocating the full amount of CEF for the EU-27.
Amendment 86 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, delivery of parcels as defined in Article 1(paragraph 2) of Regulation (EU) 2018/644, identification or advertising services;
Amendment 105 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
In respect of each of its core platform services identified pursuant to Article 3(7and ancillary services as identified, respectively, in Article 3(7) and in Article 2 (paragraph 1, point 14), a gatekeeper shall:
Amendment 111 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification service of the gatekeeperr any other ancillary service operated by the gatekeeper, as well as by any third party belonging to the same undertaking, in the context of services offered by the business users using the core platform services of that gatekeeper;
Amendment 116 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) refrain from using, in competition with business users and with ancillary services providers, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;
Amendment 119 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
Amendment 120 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g c (new)
Article 5 – paragraph 1 – point g c (new)
(g c) allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services;
Amendment 124 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 127 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 132 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 189 #
2020/0374(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 191 #
2020/0374(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 192 #
2020/0374(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 327 #
2020/0374(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In exceptional circumstances justified on the limited grounds of public morality, public health or public security, the Commission should be able to decide that the obligation concerned does not apply to a specific core platform service. Affecting these public interests can indicate that the cost to society as a whole of enforcing a certain obligation would in a certain exceptional case be too high and thus disproportionate. The regulatory dialogue to facilitate compliance with limited suspension and exemption possibilities should ensure the proportionality of the obligations in this Regulation without undermining the intended ex ante effects on fairness and contestability.
Amendment 335 #
2020/0374(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Following a market investigation, an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. It should then, in principle, comply with all of the relevant obligations laid down by this Regulation. However, for gatekeepers that have been designated by the Commission as likely to enjoy an entrenched and durable position in the near future, the Commission should only impose those obligations that are necessary and appropriate to prevent that the gatekeeper concerned achieves an entrenched and durable position in its operations. With respect to such emerging gatekeepers, the Commission should take into account that this status is in principle of a temporary nature, and it should therefore be decided at a given moment whether such a provider of core platform services should be subjected to the full set of gatekeeper obligations because it has acquired an entrenched and durable position, or conditions for designation are ultimately not met and therefore all previously imposed obligations should be waived.
Amendment 357 #
2020/0374(COD)
Proposal for a regulation
Recital 71
Recital 71
Amendment 407 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 ; Directive (EU) 2019/882. _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 468 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, parcel delivery services as defined in Article 2 (2) of Regulation (EU) No 2018/644, freight, identification or advertising services;
Amendment 488 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23 a) "persons with disabilities" means persons within the meaning of Article 3 (1) of Directive (EU) 2019/882;
Amendment 498 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position in the near future.
Amendment 516 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 1
Article 3 – paragraph 2 – point b – paragraph 1
for the purpose of the first subparagraph, monthly active end users shall refer to the average number of monthly active end users throughout the largest part of the last financial year;
Amendment 562 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Amendment 565 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Article 3 – paragraph 6 – subparagraph 4
Amendment 595 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
In respect of each of its core platform services and ancillary services identified pursuant to Article 3(7) and Article 2 (1) (14) respectively, a gatekeeper shall:
Amendment 643 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification service of the gatekeeperr any other ancillary services of the gatekeeper itself or by any third party belonging to the same undertaking, in the context of services offered by the business users using the core platform services of that gatekeeper;
Amendment 676 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide advertisers and publishers to which it supplies advertising services, upon their request, withregularly publishes information concerning the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
Amendment 713 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business userdirectly or by any third party belonging to the same undertaking, in competition with business users and providers of ancillary services, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;
Amendment 732 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper, without prejudice to the freedom of consumers, duly informed, to choose the software application or software application stores they prefer;
Amendment 750 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking services, both basic and ancillary, and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such ranking;
Amendment 826 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
Amendment 908 #
2020/0374(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 935 #
2020/0374(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core and ancillary platform services designated pursuant to Article 3, and to Article 2 (1) (14) their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belogatekeeper or any third party belonging to the same undertakings, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature.
Amendment 995 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 1059 #
2020/0374(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 1103 #
2020/0374(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point f
Article 26 – paragraph 2 – point f
Amendment 1104 #
2020/0374(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point g
Article 26 – paragraph 2 – point g
Amendment 1110 #
2020/0374(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
Amendment 189 #
2020/0361(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Responsible and diligent behaviour by providers of intermediary services is essential for a safe, accessible, predictable and trusted online environment and for allowing Union citizens and other persons to exercise their fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘Charter’), in particular the freedom of expression and information and the freedom to conduct a business, and the right to non- discrimination.
Amendment 191 #
2020/0361(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, in order to safeguard and improve the functioning of the internal market, a targeted set of uniform, effective and proportionate mandatory rules should be established at Union level. This Regulation provides the conditions for innovative digital services to emerge and to scale up in the internal market. The approximation of national regulatory measures at Union level concerning the requirements for providers of intermediary services is necessary in order to avoid and put an end to fragmentation of the internal market and to ensure legal certainty, thus reducing uncertainty for developers and fostering interoperability. By using requirements that are technology neutral, innovation should not be hampered but instead be stimulated.
Amendment 196 #
2020/0361(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should apply to providers of certain information society services as defined in Directive (EU) 2015/1535 of the European Parliament and of the Council26 , that is, any service normalfrequently provided for remuneration, at a distance, by electronic means and at the individual request of a recipient. Specifically, this Regulation should apply to providers of intermediary services, and in particular intermediary services consisting of services known as ‘mere conduit’, ‘caching’ and ‘hosting’ services, given that the exponential growth of the use made of those services, mainly for legitimate and socially beneficial purposes of all kinds, has also increased their role in the intermediation and spread of unlawful or otherwise harmful information and activitiesillegal content. __________________ 26Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
Amendment 210 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 280 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content act to remove or to disable access to the illegal content when such content is deemed to be illegal according to Union or Member State law. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness throughf the illegal content, in particular, its own- initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligentn economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 286 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
Amendment 290 #
2020/0361(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) European consumers should be able to safely purchase products and services online, regardless of whether a product or service has been produced in the Union or not. Online platforms allowing distance contracts with third- country traders should establish, before approving that trader on their platform, that the third-country trader complies with the relevant Union or national law on product safety and product compliance. In addition, if the third- country trader does not provide an economic operator inside the Union liable for the product safety, online platforms should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation.
Amendment 357 #
2020/0361(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .
Amendment 364 #
2020/0361(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. To this end, the use of algorithmic decision- making processes should be disclosed to users whenever they are employed.
Amendment 407 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 420 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 432 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delaypromptly inform the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 442 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the oOnline pPlatforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guamay also ask for support from the Digital Services Coordinator in carrying out these specific obligations. If the trader is established outside the Union and does not cooperate or does not provide sufficient information for the verification of its compliance with the relevant Union or Member State law, this trader should not be admitted to operate and sell its products on the platform. If the trader is already on the platform and should not meet the above criteria, the platform should suspend that trader's account. The trader should be granteeingd the reliapossibility of the information towards consumer or other interested parties. Such oredress in the event of suspension of the business account. Online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 485 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 515 #
2020/0361(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) The Commission and the Board should encourage the drawing-up of codes of conduct to contribute to the application of this Regulation. While the implementation of codes of conduct should be measurable and subject to public oversight, this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. In certain circumstances, it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. Nothing in this Regulation prevents other service providers from adhering to the same standards of due diligence, adopting best practices and benefitting from the guidance provided by the Commission and the Board, by participating in the same codes of conduct.
Amendment 521 #
2020/0361(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content, for example sharing of images depicting child sexual abuse or terrorist content, should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fake or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerable recipients of the service, such as children. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
Amendment 526 #
2020/0361(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, the Commission will issue guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan.
Amendment 568 #
2020/0361(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an careful assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including equality between women and men, and non- discrimination, data protection, electronic communications, audiovisual services, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
Amendment 583 #
2020/0361(COD)
Proposal for a regulation
Recital 98
Recital 98
(98) In view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the Commission should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor certain of the rules laid down in this Regulation, in full respect of the principle of proportionality and the rights and interests of the affected parties.
Amendment 584 #
2020/0361(COD)
Proposal for a regulation
Recital 99
Recital 99
(99) In particular, the Commission should have access to any relevant documents, data and information necessaryThe Commission, to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Rregulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The Commission should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers
Amendment 611 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, accessible, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
Amendment 629 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b a (new)
Article 1 – paragraph 5 – point b a (new)
(ba) Directive (EU) 2019/882
Amendment 655 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part
Article 2 – paragraph 1 – point d – introductory part
(d) ‘to offer services in the Union’ means enabling legal or natural persons in one or more Member States to use the services of the provider of information society services which has a substantial connection to the Union; such a substantial connection is deemed to exist where the provider has an establishment in the Union; in the absence of such an establishment, the assessment of a substantial connection is based on specific factual criteria, such as:
Amendment 658 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
Amendment 685 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an or activity, including the sale of products or provision of services which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;criminal, administrative or civil legal framework of a Member State.
Amendment 739 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) "persons with disabilities" means person within the meaning of Article 3(1) of Directive(EU) 2019/882;
Amendment 759 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expeditiously, acts to remove or to disable access to the illegal content if the content or activity is to be deemed illegal under Article 2 (g).
Amendment 767 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. In addition, the liability exemption in paragraph 1 shall not apply in case an online platform allows consumers to conclude distance contracts with third-country traders when there is no economic operator inside the Union liable for the product safety on behalf of that trader.
Amendment 899 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means and by telephone, with Member States’ authorities, the Commission and the Board referred to in Article 47 for the application of this Regulation.
Amendment 904 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Providers of intermediary services shall make public, in a clear and user- friendly manner, the information necessary to easily identify and communicate with their single points of contact.
Amendment 923 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible formatThe use of algorithmic decision-making processes shall be notified to users whenever they are applied. The users shall be able, where appropriate, to switch easily from interaction with the algorithmic system to human interaction. The information shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. Providers of intermediary services shall list the restrictions in relation to the use of their service for the dissemination of content deemed illegal under Union or Member State law in a clear and user- friendly manner, and differentiate the list from the general conditions for the use of their service so as to make the user aware of what is deemed illegal under the law and what is subject to the terms and conditions for the use of the service.
Amendment 991 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, measures and tools used for the purpose of content moderation, including the impact of algorithmic decision-making compared to human review, the average time needed for taking those decisions and the number of instances where those decisions were reversed.
Amendment 1032 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligentn economic operator can identify the illegality of the content in quesestablish, in a diligent manner and without discrimination, whether the notice concerns illegal content as defined in Article 2(g) of these Regulations. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
Amendment 1037 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) an explanation of the reasons why the individual or entity considers the information in question to be illegal content. The possibility of identifying, on the basis of a list drawn up in agreement with the Digital Service Coordinator, the type of illegal content to which the individual or entity presumes the reported content below, to should also be foreseen;
Amendment 1053 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 1106 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the information and, where relevant, the territorial scope of the disabling of access and the duration;
Amendment 1110 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means in taking the decision, including where the decision was taken in respect of content detected or identified using automated means;
Amendment 1148 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, for a period of at least six months following the decision referred to in this paragraph, the access to an effective and user-friendly internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
Amendment 1176 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling systems are easy to access, user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. The complainant shall be able to enter free written explanations in addition to the pre-established complaint options.
Amendment 1185 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objectiveobjective and transparent manner. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.
Amendment 1187 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Online platforms shall promptly inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in Article 18 and other available redress possibilities.
Amendment 1224 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
Amendment 1229 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities, and cost-effective manner and in at least one official language of the Union and at least in the language of the recipient to whom the decision referred to in Article 17 is addressed;
Amendment 1238 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e
Article 18 – paragraph 2 – subparagraph 1 – point e
(e) the dispute settlement takes place in accordance with clear and fairtransparent rules of procedure.
Amendment 1246 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
If the body decides the dispute in favour of the recipient of the service, the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
Amendment 1258 #
Amendment 1319 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonablespecified period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content that has been duly declared illegal as defined in Article 2(g). The online platform may request support from the Digital Service Coordinator to establish the frequency for which account suspension is deemed necessary and to set the duration of the suspension.
Amendment 1331 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonablespecified period of time and after having issued at least three prior warnings, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Amendment 1335 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past year;
Amendment 1341 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1 a (new)
Article 20 – paragraph 3 – subparagraph 1 a (new)
The assessment must be carried out by qualified staff provided with dedicated training on the applicable legal framework.
Amendment 1359 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Where the online platform cannot identify with reasonable certainty the Member State concerned, it shall inform without undue delay the law enforcement authorities of the Member State in which it is established or has its legal representative or inform Europol.
Amendment 1374 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
Amendment 1384 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) the bank account details of the trader, where the trader is a natural person;
Amendment 1394 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point f
Article 22 – paragraph 1 – point f
(f) a self-certification by the trader committing to only offerthat products or services thatprovided comply with the applicable rules of Union lawrelevant Union or national law on product safety and product compliance.
Amendment 1401 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assessassess, with the support of the Digital Service Coordinator if needed, whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sourcesand official sources. Online platforms allowing distance contracts with third-country traders shall establish that the third-country trader complies with the relevant Union or national law on product safety and product compliance before giving them access its services offered in the Union and, where appropriate, with the support of the Digital service Coordinator. The Digital Service Coordinator may request support from market surveillance or customs authorities to assess the information provided by the trader.
Amendment 1430 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platform shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently, asking the trader to notify any changes and confirm the information held by the online platform once a year. After the contractual relationship has ended, the online platform shall delete the information.
Amendment 1469 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) the number of suspensions imposed pursuant to Article 20, distinguishing between suspensions enacted for the provision of manifestly illegal content, the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints;
Amendment 1474 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Online platforms shall publish, at least once every sixtwelve months, information on the average monthly active recipients of the service in each Member State, calculated as an average over the period of the past sixtwelve months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
Amendment 1499 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Article 24 – paragraph 1 – subparagraph 1 a (new)
Special attention shall be given to recipients of the service who are minors. When advertising is addressed to minors, online platforms shall indicate in a clear, easy and unambiguous manner that such advertising targets this group of recipients.
Amendment 1592 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall also take into account, in particular, how their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
Amendment 1607 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effectivproportionate mitigation measures, tailored to the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
Amendment 1611 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) adaptchecking content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions;
Amendment 1617 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
Amendment 1633 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year, which shall include the following:
Amendment 1639 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point b
Article 27 – paragraph 2 – point b
Amendment 1642 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 1668 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
(b) have proven expertise in the area of risk management, technical competence and capabilities certified by qualified and accredited certification body;
Amendment 1680 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Very large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. They shall, within one month from receiving those recommendations, adopt an audit implementation report setting out those measures. Where they do not implement the operational recommendations, they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non-compliance identified.
Amendment 1726 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
Amendment 1818 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point b
Article 34 – paragraph 1 – point b
Amendment 1852 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may inv, in agreement witeh the very largBoard, may invite online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1916 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Member States shall ensure that their Digital Services Coordinators are informed by the relevant national, local and regional authorities on the diversity of platform sectors and issues covered by this Regulation;
Amendment 1925 #
2020/0361(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Paragraph 2 is without prejudice to the tasks of Digital Services Coordinators within the system of supervision and enforcement provided for in this Regulation and the cooperation with other competent authorities in accordance with Article 38(2). Paragraph 2 shall not prevent supervision of the authorities concerned in accordance with national constitutional law.
Amendment 1934 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where a provider of intermediary services fails to appoint a legal representative in accordance with Article 11, all Member States shall have jurisdiction for the purposes of Chapters III and IV. Where a Member State decides to exercise jurisdiction under this paragraph, it shall inform all other Member States andto ensure that the principle of ne bis in idem is respected.
Amendment 1950 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1 – point a
Article 41 – paragraph 3 – subparagraph 1 – point a
(a) require the management body of the providers, within a reasonable time period, to examine the situation, adopt and submit an action plan setting out the necessary measures to terminate the infringement, ensure that the provider takes those measures, and report on the measures taken within a specific period;
Amendment 1952 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1 – point b
Article 41 – paragraph 3 – subparagraph 1 – point b
(b) where the Digital Services Coordinator considers that the provider has not sufficiently complied with the requirements of the first indent, that the infringement persists and causes serious harm, and that the infringement entails a serious criminal offence involving a threat to the life or safety of persons, request the competent judicial authority of that Member State to order the temporary restriction of access of recipients of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider of intermediary services on which the infringement takes place.
Amendment 2051 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator shall participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them. The meeting is deemed valid when at least two third of the eligible members are present.
Amendment 2056 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
Article 48 – paragraph 2 – subparagraph 2
The Board shall adopt its acts by simple majority. In the event of a tied vote, the vote shall be considered void and a new vote shall be held by the Board.
Amendment 2103 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. When communicating the decision referred to in the first subparagraph of paragraph 1 to the very large online platform concerned, the Digital Services Coordinator of establishment shall request it to draw up and communicate to the Digital Services Coordinator of establishment, the Commission and the Board, within one month from that decision, an action plan, specifying how that platform intends to terminate or remedy the infringement. The measures set out in the action plan may includerecommend, where appropriate, participation in a code of conduct as provided for in Article 35.
Amendment 2127 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1
Article 51 – paragraph 2 – subparagraph 1
Where the Commission decides to initiate proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned. If the Commission decides not to initiate proceedings pursuant to paragraph 1, it shall inform the Board in writing of its reasons.
Amendment 2155 #
2020/0361(COD)
Proposal for a regulation
Article 54
Article 54
Amendment 2165 #
2020/0361(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission may, by decision, and after consulting the Board, order interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement.
Amendment 2171 #
2020/0361(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. If, during proceedings under this Section, the very large online platform concerned offers commitments to ensure compliance with the relevant provisions of this Regulation, the Commission may, by decision and after consulting the Board, make those commitments binding on the very large online platform concerned and declare that there are no further grounds for action.
Amendment 2176 #
2020/0361(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Where the Commission considers that the commitments offered by the very large online platform concerned are unable to ensure effective compliance with the relevant provisions of this Regulation, it shall reject those commitments in a reasoned decision, in agreement with the Board, when concluding the proceedings.
Amendment 2187 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. The Commission shall adopt a non- compliance decision, after consulting the Board, where it finds that the very large online platform concerned does not comply with one or more of the following:
Amendment 2203 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Commission finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision approved by the Board.
Amendment 2218 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 2 – point c
Article 59 – paragraph 2 – point c
Amendment 2219 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Before adopting the decision pursuant to paragraph 2, the Commission shall communicate its preliminary findings to the very large online platform concerned or other person referred to in Article 52(1) and to the Board.
Amendment 2228 #
2020/0361(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point b
Article 60 – paragraph 1 – point b
Amendment 2235 #
2020/0361(COD)
Proposal for a regulation
Article 61 – paragraph 3 – point b
Article 61 – paragraph 3 – point b
Amendment 2265 #
2020/0361(COD)
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 2
Article 65 – paragraph 1 – subparagraph 2
Prior to making such request to the Digital Services Coordinator, the Commission shall invite interested parties to submit written observations within a time period that shall not be less than two weeks, describing14 days, the measures it intends to request and identifying the intended addressee or addressees thereof.
Amendment 104 #
2020/0359(COD)
Proposal for a directive
Recital 46
Recital 46
(46) To further address key supply chain risks and assist entities operating in sectors covered by this Directive to appropriately manage supply chain and supplier related cybersecurity risks, the Cooperation Group involving relevant national authorities, in cooperation with the Commission and, ENISA and the affected essential and important entities, should carry out coordinated sectoral supply chain risk assessments, as was already done for 5G networks following Recommendation (EU) 2019/534 on Cybersecurity of 5G networks21 , with the aim of identifying per sector which are the critical ICT services, systems or products, relevant threats and vulnerabilities. __________________ 21Commission Recommendation (EU) 2019/534 of 26 March 2019 Cybersecurity of 5G networks (OJ L 88, 29.3.2019, p. 42).
Amendment 105 #
2020/0359(COD)
Proposal for a directive
Recital 47
Recital 47
(47) The supply chain risk assessments, in light of the features of the sector concerned, should take into account both technical and, where relevantjustified by the criticality of the sector, non- technical factors including those defined in Recommendation (EU) 2019/534, in the EU wide coordinated risk assessment of 5G networks security and in the EU Toolbox on 5G cybersecurity agreed by the Cooperation Group. These assessments should be evidence-based and their results clearly defined. To identify the supply chains that should be subject to a coordinated risk assessment, the following criteria should be taken into account: (i) the extent to which essential and important entities use and rely on specific critical ICT services, systems or products; (ii) the relevance of specific critical ICT services, systems or products for performing critical or sensitive functions, including the processing of personal data; (iii) the availability of alternative ICT services, systems or products; (iv) the resilience of the overall supply chain of ICT services, systems or products against disruptive events and (v) for emerging ICT services, systems or products, their potential future significance for the entities’ activities.
Amendment 114 #
2020/0359(COD)
Proposal for a directive
Recital 55
Recital 55
(55) This Directive lays down a two- stage approach to incident reporting in order to strike the right balance between, on the one hand, swift reporting that helps mitigate the potential spread of incidents and allows entities to seek support, and, on the other hand, in-depth reporting that draws valuable lessons from individual incidents and improves over time the resilience to cyber threats of individual companies and entire sectors. Where entities become aware of an incident, they should be required to submit an initial notification within 24out undue delay and not later than 72 hours, followed by a final report not later than one2 months after. The initial notification should only include the information strictly necessary to make the competent authorities aware of the incident and allow the entity to seek assistance, if required. Such notification, where applicable, should indicate whether the incident is presumably caused by unlawful or malicious action. Member States should ensure that the requirement to submit this initial notification does not divert the reporting entity’s resources from activities related to incident handling that should be prioritised. To further prevent that incident reporting obligations either divert resources from incident response handling or may otherwise compromise the entities efforts in that respect, Member States should also provide that, in duly justified cases and in agreement with the competent authorities or the CSIRT, the entity concerned can deviate from the deadlines of 724 hours for the initial notification and one2 months for the final report.
Amendment 126 #
2020/0359(COD)
Proposal for a directive
Recital 70
Recital 70
(70) In order to strengthen the supervisory powers and actions that help ensure effective compliance and to achieve a common high level of security within the digital sector throughout the Union, this Directive should provide for a minimum list of supervisory actions and means through which competent authorities may supervise essential and important entities. In addition, this Directive should establish a differentiation of supervisory regime between essential and important entities with a view to ensuring a fair balance of obligations for both entities and competent authorities. Thus, essential entities should be subject to a fully-fledged supervisory regime (ex-ante and ex-post), while important entities should be subject to a light supervisory regime, ex-post only. For the latter, this means that important entities should not document systematically compliance with cybersecurity risk management requirements, while competent authorities should implement a reactive ex -post approach to supervision and, hence, not have a general obligation to supervise those entities, except where there is a manifest breach of obligations, in particular where such entities cause risk for users or other services included in the scope of this Directive.
Amendment 128 #
2020/0359(COD)
Proposal for a directive
Recital 76
Recital 76
(76) In order to further strengthen the effectiveness and dissuasiveness of the penalties applicable to infringements of obligations laid down pursuant to this Directive, the competent authorities should be empowered to apply sanctions consisting of the suspension of a certification or authorisation concerning part or all thethe implicated services provided by an essential entity and the imposition of a temporary ban from the exercise of managerial functions by a natural person. Given their severity and impact on the entities’ activities and ultimately on their consumers, such sanctions should only be applied proportionally to the severity of the infringement and taking account of the specific circumstances of each case, including the intentional or negligent character of the infringement, actions taken to prevent or mitigate the damage and/or losses suffered. Such sanctions should only be applied as ultima ratio, meaning only after the other relevant enforcement actions laid down by this Directive have been exhausted, and only for the time until the entities to which they apply take the necessary action to remedy the deficiencies or comply with the requirements of the competent authority for which such sanctions were applied. The imposition of such sanctions shall be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the Charter of Fundamental Rights of the European Union, including effective judicial protection, due process, presumption of innocence and right of defence.
Amendment 133 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to public and private entities of a type referred to as essential entities in Annex I and as important entities in Annex II. Entities and subsectors that fall within the scope of this Directive shall be provided with clear and concise definitions with respect to their designations. This Directive does not apply to entities that Member States unequivocally identify as non-critical, including where they are of types referred to in Annex I and Annex II. This Directive does not apply to entities that qualify as micro and small enterprises within the meaning of Commission Recommendation 2003/361/EC.28, without prejudice to their voluntary involvement. __________________ 28 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 148 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 26 a (new)
Article 4 – paragraph 1 – point 26 a (new)
(26a) 'non-critical entity' means any entity of a type referred to in Annex I and Annex II which, regardless of its size and resources, has no critical function within a specific sector or type of service provided and has a low level of dependency from other sectors or types of services.
Amendment 149 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a governance framework to achieve those objectives and priorities, including the policies referred to in paragraph 2 and the roles and responsibilities of public bodies and entities as well as other relevant actors, in particular those entrusted with specific SMEs support. The governance framework shall clearly outline how cooperation and coordination is organised between relevant national authorities designated under this Directive;
Amendment 161 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point h
Article 5 – paragraph 2 – point h
(h) a policy addressing specific needs of SMEs in fulfilling the provisions laid down by this Directive, in particular those excluded from the scope of this Directive, in relation to guidance and support in improving their resilience to cybersecurity threats. and encouraging, through dedicated support, their proactive adoption of suitable cybersecurity measures;
Amendment 172 #
2020/0359(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall designate one of its CSIRTs as referred to in Article 9 as a coordinator for the purpose of coordinated vulnerability disclosure. The process of coordinated vulnerability disclosure shall be coherent with internationally recognised standards on vulnerability handling and disclosure. The designated CSIRT shall act as a trusted intermediary, facilitating, where necessary, the interaction between the reporting entity and the manufacturer or provider of ICT products or ICT services. Where the reported vulnerability concerns multiple manufacturers or providers of ICT products or ICT services across the Union, the designated CSIRT of each Member State concerned shall cooperate with the CSIRT network.
Amendment 174 #
2020/0359(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. ENISA shall develop and maintain a European vulnerability registry. To that end, ENISA shall establish and maintain the appropriate information systems, policies and procedures, as well as the necessary technical and organisational measures for the security of the registry, with a view in particular to enabling important and essential entities and their suppliers of network and information systems to disclose and register vulnerabilities present in ICT products or ICT services, as well as to provide access to the information on vulnerabilities contained in the registry to all interested parties. ENISA shall clarify the terms of work and use of registry, including procedures for reporting, use and storage of the vulnerability information. The registry shall, in particular, include information describing the vulnerability, the affected ICT product or ICT services and the severity of the vulnerability in terms of the circumstances under which it may be exploited, the availability of related patches and, in the absence of available patches, guidance addressed to users of vulnerable products and services as to how the risks resulting from disclosed vulnerabilities may be mitigated.
Amendment 177 #
2020/0359(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall designate one or more competent authorities responsible for the management of large- scale incidents and crises. Where a Member State designates more than one competent authority, it should clearly indicate which of these competent authorities would serve as the main point of contact during a large-scale incident or crisis. Member States shall ensure that competent authorities have adequate resources to perform, in an effective and efficient manner, the tasks assigned to them.
Amendment 186 #
2020/0359(COD)
Proposal for a directive
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) providing practical and operational guidance to essential and important entities in cybersecurity response and prevention activities, including in particular dedicated technical support to SMEs;
Amendment 206 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that essential and important entities shall take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of network and information systems which those entities use in the provision of their services. These measures shall be adopted following a risk-based assessment that takes the utmost account of the level of criticality of the concerned entities. Having regard to the state of the art, those measures shall ensure a level of security of network and information systems appropriate to the risk presented and shall not undermine valid security offering mechanisms already in place.
Amendment 221 #
2020/0359(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Cooperation Group, in cooperation with the Commission and ENISA, and after having consulted the affected essential and important entities, may carry out coordinated security risk assessments of specific critical ICT services, systems or products supply chains, taking into account technical and, where relevant, non-technical risk factorjustified by the level of criticality of the sector, non-technical risk factors. Risk assessments should follow a balanced and non-discriminatory approach to ensure competitive and harmonised internal market, with coordinated Member State approaches.
Amendment 223 #
2020/0359(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission, after consulting with the Cooperation Group and, ENISA and the affected essential and important entities, shall identify the specific critical ICT services, systems or products that may be subject to the coordinated risk assessment referred to in paragraph 1.
Amendment 224 #
2020/0359(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a When the Cooperation Group includes non-technical risk factors in its supply chain risk assessments, it shall ensure that those factors are evidence-based, clearly defined and that their interpretation is aligned across the Union to the greatest extent possible. Member States shall ensure that any affected party has clear and lawful means to raise concerns, challenge and object to the final decision taken as a result of the supply chain assessments referred to in paragraph 1 of this Article.
Amendment 231 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Member States shall ensure that essential and important entities may notify, without undue delay where feasible or through periodic threat analysis reports, the competent authorities or the CSIRT of any significant cyber threat that those entities identify that could have potentially resulted in a significant incidentwithin the meaning of Article 2(8) of Regulation (EU) 2019/881.
Amendment 237 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point a
Article 20 – paragraph 4 – subparagraph 1 – point a
(a) without undue delay and in any event winot later thian 724 hours after having become aware of the incident, an initial notification, which, where applicable and possible, shall indicate whether the incident is presumably caused by unlawful or malicious action;
Amendment 242 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
(c) a final report not later than onetwo months after the submission of the report under point (a), including at least the following:
Amendment 280 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
5. In compliance with Union law, ENISA shall support the establishment of cybersecurity information-sharing arrangements referred to in paragraph 2 by providing best practices and guidance with the aim of promoting the cross-border exchange of information at Union level between the relevant entities.
Amendment 8 #
2020/0322(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Public health falls, as a matter of principle under the responsibility of the Member States, which are free to organise and deliver their health-care services in whatever manner they wish, as well as to procure medical devices, medicines, vaccines and health products, and to devise policies for cooperation and sharing of best practice, information and medical equipment, however they see fit.
Amendment 9 #
2020/0322(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In light of the lessons learnt during the ongoing COVID-19 pandemic, such as systemic weaknesses in the supply chain of certain medical devices and medicines in Europe, in particular dependence on China and India, and in order to facilitate adequate Union-wide preparedness and response to all cross- border threats to health, the legal framework for epidemiological surveillance, monitoring, early warning of, and combating serious cross-border threats to health, as set out in Decision No 1082/2013/EU, needs to be broadened with regard to additional reporting requirements and analysis on health systems indicators, and cooperation by Member States with the European Centre for Disease Prevention and Control (ECDC). Moreover, in order to ensure effective Union response to novel cross- border threats to health, the legal framework to combat serious cross-border threats to health should enable to immediately adopt case definitions for the surveillance of novel threats and should provide for the establishment of a network of EU reference laboratories and a network to support monitoring of disease outbreaks that are relevant to substances of human origin. The capacity for contact tracing should be strengthened via the creation of an automated system, using modern technologies.
Amendment 17 #
2020/0322(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The protection of human health is a matter which has a cross-cutting dimension and is relevant to numerous Union policies and activities. In order to achieve a high level of human health protection, and to avoid any overlap of activities, duplication or conflicting actions, the Commission, in liaison with the Member States and in full compliance with the principle of subsidiarity, should ensure coordination and exchange of information between the mechanisms and structures established under this Regulation, and other mechanisms and structures established at Union level and under the Treaty establishing the European Atomic Energy Community (the Euratom Treaty), the activities of which are relevant to the preparedness and response planning, monitoring, early warning of, and combating serious cross-border threats to health. In particular, the Commission should ensure that relevant information from the various rapid alert and information systems at Union level and under the Euratom Treaty is gathered and communicated to the Member States through the Early Warning and Response System (‘EWRS’) set up by Decision No 2119/98/EC.
Amendment 24 #
2020/0322(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) This regulation should draw on lessons learned from the COVID-19 pandemic to assess whether an EU coordination mandate is needed, particularly in view of the difficulties encountered in the European Commission’s negotiation of contracts for centralised procurement of vaccines as when as during their delivery. Such lessons should lead to the incorporation into negotiating mandates of provisions on negotiators’ qualifications, terms and conditions and deadlines for delivery, as well as the benefits or sanctions applicable in the event of diligence or default.
Amendment 105 #
2020/0322(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 157 #
2020/0322(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) enable the automated collection of surveillance and laboratory data, make use of information from electronic health records, with the consent of the patients concerned and in strict compliance with personal data protection rules, as well as media monitoring, media monitoring, and apply artificial intelligence for data validation, analysis and automated reporting;
Amendment 160 #
2020/0322(COD)
Proposal for a regulation
Article 14 – paragraph 6 – point d
Article 14 – paragraph 6 – point d
Amendment 49 #
2020/0306(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The exchanges of digital information through EU CSW-CERTEX should cover Union non-customs formalities laid down in Union legislation that customs authorities are entrusted to enforce. Those formalities impose different obligations for the import, export or transit of certain goods, and their verification through customs controls is fundamentally important to the effective functioning of the EU Single Window Environment for Customs. EU CSW-CERTEX should cover digitalised regulatory formalities laid down in Union legislation and managed by partner competent authorities in electronic Union non-customs systems, storing the relevant information from all Member States required for goods clearance. It is therefore appropriate to identify the Union non-customs formalities which should be subject to digital cooperation through EU CSW-CERTEX. In particular, EU CSW- CERTEX should initially cover sanitary and phytosanitary requirements, rules regulating the import of organic products, environmental requirements in relation to fluorinated greenhouse gases and ozone depleting substances, and formalities related to the import of cultural goods. EU CSW-CERTEX should integrate other non-customs formalities as soon as the appropriate technical and functional specifications are in place.
Amendment 56 #
2020/0306(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Any processing of personal data in EU CSW-CERTEX shall be conducted in an appropriately safe and secure environment with a view to preventing unauthorised disclosure and alteration. To that end, suitable organisational and technical cybersecurity measures should be adopted, including and deploying in particular encryption measures. Furthermore, any processing of personal data should facilitate information sharing between the national environments for customs and Union non- customs systems without any storing of data. It should also transform data, where necessary and taking into account the need to respect confidentiality, to enable information exchange between both digital domains. The information technology facilities used for data transformation should be located in the Union.
Amendment 60 #
2020/0306(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The processing of personal data within the framework of this Regulation by competent authorities should comply with Regulation (EU) 2016/679 of the European Parliament and of the Council. The processing of personal data by the Commission within the framework of this Regulation should comply with Regulation (EU) 2018/1725 of the European Parliament and of the Council.
Amendment 62 #
2020/0306(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The increased digitalisation of customs and Union non-customs regulatory formalities applicable to international trade has opened up new opportunities for Member States to improve the digital cooperation between customs and partner competent authorities. In pursuit of those priorities, several Member States have started to develop frameworks for national single window environments for customs. Those initiatives differ substantially depending on the level of existing customs information technology architecture, priorities and cost structures. It is therefore necessary to require Member States to establish and operate national single window environments for customs for Union non-customs formalities covered by EU CSW-CERTEX. Those environments should constitute the national components of the EU Single Window Environment for Customs, enabling safe and secure electronic information sharing and collaboration between customs, partner competent authorities and economic operators to ensure compliance with and efficient enforcement of customs legislation and Union non-customs formalities covered by EU CSW-CERTEX. In lineorder to realise an effective and uniform application of this Regulation, the Commission shall provide guidance concerning common technical and functional specifications for the integration of the relevant non-customs formalities within thise national single window environments for customs. As a result, national single windows should also be interoperable between each other in order to cater for the validation of formalities which, although issued by national administrations, are valid throughout the Union. . In line with these objectives, the national single window environments for customs should enable the automated verification by customs authorities of formalities in respect of which data is transmitted from the respective Union non-customs system through EU CSW-CERTEX. The national single window environments for customs should also allow partner competent authorities to monitor and control the quantities of authorised goods (‘quantity management’) that have been released by customs through the Union. This should be ensured by providing the necessary clearance information to the Union non- customs systems through EU CSW- CERTEX. In practical terms, quantity management at Union level is necessary to enable a better enforcement of non- customs regulatory formalities by automatically and consistently monitoring the consumption of authorised quantities for the release of goods, avoiding their overuse or mishandling.
Amendment 66 #
2020/0306(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To further simplify goods clearance processes for economic operators and to reduce administrative burdens, the national single window environments for customs should become a single channel to communicate with customs and partner competent authorities. Adequate support and information on the processes and technical requirements related to the use of such single channel should be provided to economic operators via easily accessible and user-friendly national websites. The Union non- customs formalities subject to this additional facilitation measure are a subset of the overarching formalities covered by EU CSW-CERTEX. The Commission should identify those formalities progressively by assessing the fulfilment of a set of criteria relevant to trade facilitation, taking into account their legal and technical feasibility. In order to further enhance trade facilitation, it should be possible to use the national single window environments for customs as a platform for coordinating controls between customs authorities and partner competent authorities in line with Article 47(1) of Regulation (EU) No 952/2013.
Amendment 80 #
2020/0306(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should regularly monitor the functioning of the EU Single Window Environment for Customs to evaluate the performance of EU CSW- CERTEX and to ensure the efficient enforcement of Union non-customs formalities covered by EU CSW-CERTEX, in particular with the view to integrate other non-customs formalities. The Commission should submit regular assessment reports on the functioning of the EU Single Window Environment for Customs to the European Parliament and to the Council. Those reports should take stock of progress, identify areas for improvement and propose recommendations for the future in light of progress made towards an improved digital collaboration between customs and partner competent authorities involved in goods clearance to ensure simplified processes for economic operators and the efficient enforcement of Union non-customs formalities.
Amendment 99 #
2020/0306(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Processing of personal data shall be conducted in a safe and secure environment by means of appropriate organizational and technical cybersecurity measures. Processing of personal data may take place in EU CSW- CERTEX only for the following purposes:
Amendment 103 #
2020/0306(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Member States shall establish national single window environments for customs. Each Member State shall be responsible for the development, integration and operation of its single window environment for customs, including the safeguard of security and integrity of network and information systems in place. Member States shall ensure interoperability with EU CSW- CERTEX as well as with other national single window environments.
Amendment 106 #
2020/0306(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Amendment 109 #
2020/0306(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The national single window environments for customs shall enable the interoperable and secure exchange of information and cooperation by electronic means between customs authorities, partner competent authorities and economic operators for the purposes of compliance with and efficient enforcement of customs legislation and the Union non- customs formalities listed in the Annex.
Amendment 110 #
2020/0306(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) provide a single communication channel for economic operators to lodge standardized information to fulfil the relevant customs formalities and Union non-customs formalities subject to additional digital cooperation in accordance with Article 12.
Amendment 114 #
2020/0306(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The processing of personal data within the national single window environments for customs shall take place in a safe and secure manner by means of appropriate organizational and technical cybersecurity measures, as well as in accordance with Regulation (EU) 2016/679 separately from the processing operations referred to in Article 6 of this Regulation.
Amendment 118 #
2020/0306(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. For each of the Union non-customs formalities listed in the Annex, EU CSW- CERTEX shall enable information to be exchanged in a secure and interoperable manner between the national single window environments for customs and the relevant Union non-customs systems for the following purposes:
Amendment 122 #
2020/0306(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) allowing economic operators to submit the relevantrough a single point of entry the relevant standardized information required for the fulfilment of the applicable customs formalities and Union non-customs formalities;
Amendment 142 #
2020/0306(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Article 8(3), point (c), Article 11, Article 13(1), (2) and (3), Article 14 and Article 15(1) and (2) shall apply from 1 January 203129.
Amendment 95 #
2020/0264(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point c
Article 1 – paragraph 1 – point 8 – point c
Regulation (EU) 2018/1139
Article 104 – paragraph 4 – subparagraph 3
Article 104 – paragraph 4 – subparagraph 3
The decisions referred to in the first and second subparagraphs require the prior consent of the Commission, the Management Board and, where applicable, the Member State where the local office is to be established. Those decisions shall specify the scope of the activities to be carried out at that local office or by that co- located staff in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.;
Amendment 180 #
2020/0264(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1139
Article 120 a – paragraph 3 – point a
Article 120 a – paragraph 3 – point a
(a) any fees levied by the Agency acting as PRB on designated air traffic service providers relating to activities carried out by the Agency acting as PRB and for services related to performance plan assessment, target- setting and monitoring;
Amendment 184 #
2020/0264(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1139
Article 120 a – paragraph 3 – point b
Article 120 a – paragraph 3 – point b
Amendment 203 #
2020/0264(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Amendment 34 #
2020/0035(COD)
Proposal for a decision
Recital 3
Recital 3
(3) In its resolution of 15 January 202017 , the European Parliament welcomed the Commission’s communication on ‘The European Green Deal’ and called for the necessary transition to a climate-neutral society by 2050 at the latest. In this regard, after the pandemic outbreak of COVID-19, the achievement of climate neutrality has to be balanced with the need to give urgent responses to the economic crisis that Member States are facing. _________________ 17European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP))
Amendment 42 #
2020/0035(COD)
Proposal for a decision
Recital 4
Recital 4
(4) In line with the objectives set out in the Commission Communication on the European Green Deal, tThere is a need to transform the Union economy and to rethink policies, in particular in the field of transport and mobility, which implies accelerating the shift to sustainable, intermodal and smart mobility. Transport accounts for a quarter of the Union’s greenhouse gas emissions, and still growing. To achieve climate neutrality, a 90% reduction in transport emissions is needed by 2050. Achieving sustainable transport means putting users first and providing them with more affordable, accessible, healthier and cleaner alternatives to their current mobility habits. The European Green Deal implies to accelerate the shift to sustainable and smart mobility to address these challenges, but its implementation should not reduce the competitiveness of the European enterprises within the global market. In particular, a substantial part of the 75% of inland freight carried today by road should shift onto rail and inland waterways. This process should be encouraged by improving the efficiency of the logistic network and ensuring incentives for the operators.
Amendment 43 #
2020/0035(COD)
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) The European Year of Rail should be an opportunity to involve regional and local authorities in planning and designing projects to modernise and digitalise rail infrastructure. In particular, it is necessary to involve touristic regions that need sustainable, modern and electrified rail services.
Amendment 44 #
2020/0035(COD)
Proposal for a decision
Recital 5
Recital 5
(5) Rail has a significant role to play as a game changer to achieve the climate neutrality objective by 2050. It is one of the most environmentally friendly and energy-efficient transport modes. Rail is largely electrified and emits far less CO2 than equivalent travel by road or air, and is the only mode that has consistently reduced its greenhouse gas emissions and CO2 emissions since 1990. In addition, rail has decreased its energy consumption between 1990-201618 and increasingly uses renewable energy sources. The support for rail transport has a positive influence also on other modes of transport. The Union and the Member States should promote a complementary approach among all transport sectors, taking into account that inter-modality and interoperability are an essential goal to achieve. In this regard, rail should be the backbone of the European logistics and of middle-distance transport of passengers. _________________ 18DG MOVE Statistical Pocketbook 2019 “EU transport in figures” (source: Eurostat)
Amendment 50 #
2020/0035(COD)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) Member States should take measures in order to enhance connectivity between different regions, including cross-border connections, while implementing macro-regional strategies through the involvement of local authorities and improving the coordination among customers and stakeholders.
Amendment 54 #
2020/0035(COD)
Proposal for a decision
Recital 6
Recital 6
(6) By connecting the Union’s main transport routes with its peripheralterritories, including at regionsal and territorieslocal level, the rail sector contributes to social, economic and territorial cohesion. Furthermore, promoting a sustainable and efficient development of the comprehensive network of TEN-T, whose completion is essential and not secondary to the core network, would enhance the connectivity of peripheral and local regions.
Amendment 63 #
2020/0035(COD)
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) The creation of a functional rail network across Europe would enhance the political cohesion within the Union and it needs specific objectives and measures that foster the development of collective transport and integrated mobility, while protecting the environment and promoting social inclusion.
Amendment 66 #
2020/0035(COD)
Proposal for a decision
Recital 6 b (new)
Recital 6 b (new)
(6b) The rail transport could prevent mountain, rural and coastal regions from being isolated and it could foster the connectivity between urban and peripheral areas. Therefore, it is necessary to guarantee an adequate support to regional and local authorities, in particular in those areas where mobility services should be ensured despite the poor economic performance for operators.
Amendment 68 #
2020/0035(COD)
Proposal for a decision
Recital 6 c (new)
Recital 6 c (new)
(6c) The Union and the Member States should improve their logistic chain and ensure a coordinated approach regarding the rail freight transport, which has proved crucial in the COVID-19 outbreak as a mode of transport, which is fundamental to safely deliver all types of supplies, such as primary goods and dangerous goods.
Amendment 69 #
2020/0035(COD)
Proposal for a decision
Recital 7
Recital 7
(7) While the share of passenger rail in the Union land transport has only slightly increased since 2007, the share of freight has decreased. Many obstacles remain to achieve a true Single European Rail Area, including in respect of the need to minimise nois such as: - implementing the ERTMS (European wide modern train management systems) for both on-board and track-side equipment; - boosting interoperability and inter- modality in order to connect the railways with all main European logistic hubs (ports, airports, logistic areas, etc..); - minimising noise in order to promote a better integration between logistical systems and citizens’ quality of life; - promoting innovation and digitalisation, as well as infrastructure upgrade and maintenance. Overcoming these obstacles together with cost reduction and accelerated innovation will allow rail to realise its full potential. Rail therefore needs a further boost to become more attractive to travellers and businesses alike.
Amendment 93 #
2020/0035(COD)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
(8a) The Union and the Member States should allocate adequate funding and address their investments to develop the rail infrastructure in order to create new jobs. Moreover, the perspective of creating jobs should be promoted by all institutional levels involving both people seeking for job and workers with professional experience in the sector.
Amendment 97 #
2020/0035(COD)
Proposal for a decision
Recital 8 b (new)
Recital 8 b (new)
(8b) The European Year of Rail should address the needs of the workers, and it should promote an inter-institutional debate on their social conditions and rights.
Amendment 101 #
2020/0035(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) promote rail as a sustainable, innovative and safe mode of transport, in particular by highlighting the role of rail as a game changer to help reaching the Union’s climate neutrality objective by 2050 and by reaching out to the wider public, especially youthhighlighting the positive role railways can play as: - the backbone of an efficient and sustainable European logistic network, capable to guarantee essential services, even during an unexpected crisis; - a network that can sustain and boost the European tourism, confirming Europe as the first global destination for touristic flows;
Amendment 112 #
2020/0035(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) highlight the European, cross- border dimension of rail, that brings citizens closer together, allows them to explore the Union in all its diversity, fosters cohesion and contributes to integrate the Union internal market, whilst completing the cross-border projects that are essential to the implementation of the TEN-T core network;
Amendment 120 #
2020/0035(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) enhance the contribution of rail to Union economy, industry and society, covering in particular aspects related to regional development, industrial competitiveness, sustainable tourism, innovation, employment, education, youth and culture, and improving accessibility for persons with disabilities and for elderly people while enhancing mobility for higher numbers of commuters;
Amendment 128 #
2020/0035(COD)
Proposal for a decision
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) contributes to promoting railways as an important element of the relations between the Union and its neighbouring countries, in particular in the Western Balkans, building on the interest and needs in partner countries, such as those in the Western Balkans, Norway, the United Kingdom and Switzerland, and on the Union’s expertise in rail transport.
Amendment 149 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) strengthening passengers’ rights, and improving their awareness in order to make railway more attractive for daily trips as well as for long-distance and cross-border travels.
Amendment 150 #
2020/0035(COD)
(ab) promoting universal access as laid down in Protocol 26 on SGI and its references to SGEI, guaranteeing appropriate access for all users throughout the territory (“territorial accessibility”), and taking into account all the conditions of access (waiting time, density of access points, infrastructure, etc.);
Amendment 151 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 – point a c (new)
Article 3 – paragraph 1 – point a c (new)
(ac) promoting and encouraging technological innovation in order to support the railways companies in implementing digital multi-modal tickets, improving competitiveness among different modes of transport and promoting at the same time a cooperative approach.
Amendment 156 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the undertaking of studies and innovative activities and the dissemination of their results on a European or nat, national and regional scale; and
Amendment 2 #
2019/2213(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for an ambitious realistic budget for the EUnion transport sector, which takes into account the emerging challenges and the current political priorities in terms of EU transport policy, namely ensuring ease of movement for people and goods across Europe and meeting social, business and region-specific needs;
Amendment 14 #
2019/2213(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that EU transport policy is essential for Europe’s economic, social and environmental development and its sustainability; strongly requests, therefore, that EU transport policy receive adequate and sufficientmake proper use of available funding in order to secure growth, jobs and competitiveness in Europe, including in the more remoteperipheral geographical areas; requests additional investments in research and innovation, and in social and territorial cohesion;
Amendment 16 #
2019/2213(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that the 2021 budget should reflect the priorities set out by Parliament in its resolution of 14 November 2018 on the multiannual financial framework (MFF) and that it should provide the necessary financing for both projects started under the current MFF and for new projects based on the 2021- 2027 MFF;
Amendment 18 #
2019/2213(BUD)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 25 #
2019/2213(BUD)
Draft opinion
Subheading 1
Subheading 1
The importance of transport in achieving the goals of the Green Dealsustainable mobility
Amendment 28 #
2019/2213(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates that transport mustcan make a valuable contributeion to achievingso-called climate neutrality by 2050ut only over suitable transition periods that are conducive to growth and employment and do not harm the overall competitiveness of European industry on the world market;
Amendment 37 #
2019/2213(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines, therefore, that appropriate funding for transport projects will be instrumental in accelerating the shift to sustainable and smart mobility and in implementing the Green Deal’s legislative priorities through measures based on new technologies,ensuring proper links with all areas, bearing in mind the needs expressed by local communities; hopes that research and development projects can help boosting multimodal transport, and the development of automated and connected multimodal mobility and spur an increase in the production and deployment of sustainable alternative fuels;
Amendment 51 #
2019/2213(BUD)
Draft opinion
Paragraph 7 – introductory part
Paragraph 7 – introductory part
7. Underlines the importance of increasing the budget of flagship programmes of particular relevance to achieving EU goals:
Amendment 55 #
2019/2213(BUD)
Draft opinion
Paragraph 7 – indent 1
Paragraph 7 – indent 1
– Emphasises the crucial role of the Connecting Europe Facility (CEF) in fostering the development of a high- performance trans-European network (TEN-T) that is sustainable and interconnected across the areas of transport, energy and digital services infrastructure; reiterates that the swift completion of the TEN-T will make a significant contribution to socio-economic and territorial cohesion in the EU and to the promotion of the EU’s decarbonisation objectives; requests, therefore, that the CEF-Transport budget be increased for the MFF 2021-2027 and that its allocation for 2021 be decided accordingly; deplores the delays in the completion of works in several Member States, especially as regards cross-border projects;
Amendment 57 #
2019/2213(BUD)
Draft opinion
Paragraph 7 – indent 1 a (new)
Paragraph 7 – indent 1 a (new)
– Stresses that cutting red tape and expediting administrative procedures would enable works to be completed on time;
Amendment 58 #
2019/2213(BUD)
Draft opinion
Paragraph 7 – indent 2
Paragraph 7 – indent 2
– Requests an increase inthat the budget of Horizon 2020 to EUR 120 billion (2018 prices) and itssupport, as one of its financing lines, the ‘Smart Cities and Integrated Transport’ component accordingly, starting from 2021;
Amendment 81 #
2019/2213(BUD)
Draft opinion
Paragraph 12
Paragraph 12
12. Stresses the importance of a simpler, more efficient own resources system able to bringguaranteeing funding for EU expenditure bringing about a substantial reduction in the proportion of GNI-based contributions and to guarantee the adequate funding of EU spendingnot increasing the tax pressure on individuals and enterprises;
Amendment 85 #
2019/2213(BUD)
Draft opinion
Paragraph 13
Paragraph 13
13. Stresses the importancrole of agencies and joint undertakings in improving the transport sector’s performance and in fostering a reduction of transport emissions based on technological progress and rules; points out the importance of these agencies and joint undertakings receiving adequate financial and human resourcsafety based on technological progress and rules;
Amendment 92 #
2019/2213(BUD)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Deplores the fact that the Agency still has two seats, in Lille and Valenciennes, and points out that costs could be reduced if all operations were to be centralised at a single seat;
Amendment 97 #
2019/2213(BUD)
Draft opinion
Paragraph 15
Paragraph 15
15. Highlights in particular the role of the Clean Sky 2 and SESAR Joint Undertakings and of the European Union Aviation Safety Agency (EASA) in reducing CO2 emissions by passenger; stresses the very good results and the essential role played by the Clean Sky 2 Joint Undertaking in ensuring net accelerations in green technologies aimed at reducing the CO2 and greenhouse gas emissions, as well asdesigned to improve safety and to reduce the noise levels produced by aircraft;
Amendment 5 #
2019/2204(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the 2016 Commission evaluation concluded that the objectives of the Defence Procurement Directive had only been achieved partially, since it allowed for an initial increase in competition, transparency and non- discrimination in the EU’s defence procurement market, but much more progress in Member States’ consistent use of the directive was needed to fully achieve those objectives fullyshowing a preference for local or European manufacturing in defence procurement;
Amendment 6 #
2019/2204(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas following the military stances adopted by Erdoğan recently, Turkey is no longer a reliable ally in the fields of defence and security like other NATO members;
Amendment 8 #
2019/2204(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the EPRS report (p. 111) states that: ‘American FMS sales (foreign military sales) for the period 2016-2018 accounted for USD 55 billion or 32 % of the total defence procurement expenditure for all EU countries’; whereas Greece purchased 30 F-16 (FMS) in the midst of the Greek euro crisis of 2009-2010;
Amendment 11 #
2019/2204(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas there is a need to protect and strengthen European subcontractors and manufacturers of critical components or systems in light of the predatory approach of third country undertakings;
Amendment 21 #
2019/2204(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls in particular that the development of a European defence technological and industrial base requires the establishment of a European preference for local or European production in defence procurement in Europe;
Amendment 23 #
2019/2204(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers that too many Member States source mainly from third countries to meet their defence needs;
Amendment 27 #
2019/2204(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes, in this regard, that the Commission should take a more proactive role in monitoring the G2G exclusions used by the Member States in their awarding of contracts outside the scope of the Defence Procurement Directive, and should not be mainly reliant on received complaints filed by the industry;
Amendment 29 #
2019/2204(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that when a contracting authority authorises economic operators from countries outside the European Union or the European Economic Area to participate in a procedure for the award of defence or security contracts, this authorisation must take into account, inter alia, the requirements of security of information and supply, the safeguarding of defence and state security interests, the interest in developing the European defence technological and industrial base and the requirements of reciprocity;
Amendment 30 #
2019/2204(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Deplores the use of G2G exclusions to allow for FMS acquisitions on a very large scale from third country partners and the distortions of competition suffered by European actors;
Amendment 33 #
2019/2204(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that there is still a strong need to focus on the effective implementation of the Defence Procurement Directive, considers that, for that to happen, the Member States should focus on ensuring equal treatment of suppliers of hardware manufactured in Europe, transparency and competition and that the Commission should focus on providing the Member States with further guidelines on the application of the provisions laid down in the directive;
Amendment 34 #
2019/2204(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need for coherence between the implementation of Directive 2009/81 and the European Defence Fund; as such, calls for tenders financed by ‘European’ funds should be reserved for European solutions;
Amendment 39 #
2019/2204(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Wishes, on the other hand, for the exclusion be made more flexible for defence and security cooperation so as to allow for the participation of an additional Member State in a project, even after the R&D phase, and for it to be expanded to cover other forms of cooperation, such as cross-purchases between two Member States and government-to-government markets between Member States, and for user clubs to be created for solutions developed and conceived under the leadership of European industry;
Amendment 40 #
2019/2204(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that the Commission should clarify the conditions for the application of the government-to- government exclusion in order to avoid anti-competitive practices organised by third countries, such as foreign military sales (FMS), which lead to unfair competition and seriously hamper the capabilities of Member States’ companies; calls also for the guidance note on ‘government-to-government’ exclusion to cover new forms of procurement such as the Global-FMS concept;
Amendment 41 #
2019/2204(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for greater transparency on the advantages offered by the direct and indirect compensation negotiated by third countries in the European Union;
Amendment 49 #
2019/2204(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that the export of defence- related products, both within the Union and to non-EU countries, must remain at the sole discretion of the Member States.
Amendment 58 #
2019/2204(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to introduce a quicker simplified preliminary procedure in the first phase of the infringement procedure (administrative letter requesting explanations) in the event of a clear distortion of competition detrimental to a European company, and to be bold in enforcing the directives, including, where necessary, by making use of infringement procedures;
Amendment 66 #
2019/2204(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls the strategic nature of supply chain security and reaffirms the importance of provisions concerning subcontracting aimed at dramatically limiting the risks associated with supply chains being open or interrupted;
Amendment 71 #
2019/2204(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers that better implementation of the directives is critical in order to attain the overarching objective of improving the functioning of the internal market for defence products and of contributing to the establishment of an open EDEM; prioritising European or locally produced hardware;
Amendment 72 #
2019/2204(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Recalls the need to strengthen Member States’ strategic autonomy and technological sovereignty by reducing technological and industrial dependencies and by better controlling foreign subsidies and foreign direct investment in Europe, in order to protect critical European companies against attempts by third countries to control them;
Amendment 62 #
2019/2197(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Insists that EU trade strategy must continue to promote EU interests and values when contending with new challenges worldwide in order to keep and increase the competitiveness of its industry but also preserving its agriculture; considers, therefore, that an ambitious multilateral and plurilateral agenda, the conclusion of win-win trade agreements and their effective implementation and the elimination of unjustified trade barriers constitute the best way to make the EU more competitive in a globalised world
Amendment 64 #
2019/2197(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that since trade lies within the exclusive competence of the European Commission, the assessment strategies on agreements should be improved; the European Commission should, in this regard, ensure a better impact assessment process to be carried out in due time and conducted by independent organisms for each Trade Agreement;
Amendment 65 #
2019/2197(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Underlines that since trade is an exclusive competence of the European Commission, it should give the opportunity to Member States of developing a proper strategy to enhance the exchange of information between them in order to ensure a better communication and impact on trade relations -in and outside of the internal market-;
Amendment 72 #
2019/2197(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to adapt its trade policy to the current changes in the international context and challenges due the impact of the COVID-19 virus; points out the need to give enough political and administrative support to ensure that the interests of European industry and agriculture producers are safeguarded in ongoing FTAs negotiations, which must be revised and, if necessary, updated in order to comply with the current needs of the European market;
Amendment 74 #
2019/2197(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Encourages the Commission to further focus on the relevance of the quality product standards while conducting trade negotiations, with the interests of the European consumers’ health as its core guideline and in line to Intellectual Property rights, protection of Geographical indications as well as the ILO and environmental standards;
Amendment 76 #
2019/2197(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Regrets that the current EU policies are incentivizing enterprises to maximise extra-EU exports over investing in the internal market consumption, having this a direct impact on EU quality standards as well as disfavouring enterprises that are not able to use international trade as an instrument; points out with big concern that an increasing extra-EU exports propensity - together with an absence of a developed and growing Internal Market- exposes European enterprises to external shocks, which are not manageable by the tools available at European and Member States' level; calls on the Commission to boost the Single Market with a special focus on EU consumers purchasing power, in order to safeguard extra-EU exporters' solidity and increase their investment capacity;
Amendment 83 #
2019/2197(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for a substantive reform of the WTO, based on modernising its rule- book in order to make it more effective by providing structural and long-term solutions; eEncourages WTO members to reach an ambitious and balanced agreement on the long-standing issue of fishery subsidies during the ministerial summit in Nur-Sultan, Kazakhstan and send out a clear signal that the WTO is still able to deliver on its negotiating function;
Amendment 89 #
2019/2197(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Takes nonetheless note that WTO has failed to cope with its basic functions and that it is not able to comply with its purposes and core functions; in this regards considers that efforts shall be put on trying to find an alternative that suits all partners instead of trying to revive an organisation that has failed to comply with its objectives; believes that efforts by the European Union and its Member States should be targeted towards finding a more suitable alternative for all partners rather than on safeguarding and reforming the current Organization;
Amendment 104 #
2019/2197(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note of the dramatic change in the US trade strategy over the past three years, which is focused on bilateral trade and often legally questionable unilateral trade measures; takes note of the limited progress madeongoing negotiations towards implementing the joint US-EU Statement of 25 July 2018; stresses the importance of relaunching the EU-US talkskeeping agriculture outside onf the basisscope of the existing negotiating mandates adopted in April 2019 by the Councilnegotiations as well as ensuring proper monitoring and protection of the fisheries sector;
Amendment 119 #
2019/2197(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Hopes that the Airbus - Boeing affair will be swiftly resolved soon without major damages to EU exports; regrets nevertheless that the judgement could have been less harmful for Member States if the European Commission would have further strive on the negotiations with the US to avoid taxes on EU export; regrets on the other hand that the US chose to tax goods from countries not part of the Airbus enterprise; underlines the necessity the European Commission to double its efforts in defending the European agricultural products and to ensure that they are not hit by additional tariffs;
Amendment 129 #
2019/2197(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Deplores that during the Covid-19 crisis there has been a spread of disinformation, propaganda and misleading information, as well as a considerable lack of management of the interference of Chinese actors within the EU, which has undermined trust in the trade markets overall and created a negative impact on procurement markets;
Amendment 131 #
2019/2197(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Emphasises its deep concern over the counterfeiting practices in China; stresses that the current Eu trade policy has steadily prejudice its health sector, industry and services; recalls in this regard that a report from the European Union Intellectual Property Office covering the period 2014-2016, from September 2016, sets the value of EU trade in counterfeit products in 2013 at 85 billion euros, with a potential damage above 10 billion euros, which affects as well to more than 37,000 jobs of the EU pharmaceutical sector;
Amendment 160 #
2019/2197(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls the positivTakes note of the developments of the EU-Canada trade agreement (CETA); notes that during its first full calendar year of implementation, bilateral trade in goods, including agri-food products, grew by 10.3 %, compared to the average of the previous three years; recalls that the EU’s trade surplus with Canada rose by 60 % and created additional opportunities for our exporters; expresses nonetheless big concern over some products entering the EU markets which fail to comply with sanitary and environmental standards; stresses in this regard the need to watch over European consumers’ interest and health as well as fair competition;
Amendment 173 #
2019/2197(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Strongly highlights the importance of the protection of geographical indications and the benefits derived from it for European producers and calls on the European Commission to secure greater compliance with these provisions in existing and future trade agreements;
Amendment 200 #
2019/2197(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the entry into force of the EU-Singapore trade agreement of 21 November 2019; welcomacknowledges its consent on the EU-Vietnam agreement and calls for its quick implementation; views these agreements as a step towards; takes note with concern of the intention of the European Commission to quickly concludinge an FTA with the entire Association of Southeast Asian Nations (ASEAN) region;
Amendment 209 #
2019/2197(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines its determination to establish the closest relationship possible with the United Kingdom, based on the principles regarding trade, investments and competitiveness, as set out in its resolution of 12 February 2020 on the proposed mandate for negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland7 ; notes that the Political Declaration of 17 October 2019 supported by the United Kingdom states that the future economic partnership will be underpinned by provisions ensuring a level playing field for open and fair competition; points out that the EU Member States are net exporters to the UK and finding a solution that satisfies both parties shall be a priority aiming to ensure the respect and protection of the interests of EU exporters and investors; calls on the Commission to enhance competitiveness for EU companies and small and medium-sized enterprises (SMEs); _________________ 7 Texts adopted, P9_TA(2020)0033.
Amendment 212 #
2019/2197(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 218 #
2019/2197(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. WelcomesTakes note of the conclusions of the trade negotiations with Mexico and the MERCOSUR countries, which have both the potential to deepen our strategic partnership with Latin America and to create additional opportunities in our trade relations with those countries; notes that such opportunities would also give EU companies access to an increasingly growing marketour trade relations with those countries; notes notwithstanding with big concern the devastating impact that this agreement is expected to have on the European beef meat production as well as its environmental impact; in this regard, calls on the Commission to focus its efforts on the EU agricultural sector as well as on the concerns expressed by EU producers and to put their interests at the core of the implementation procedure;
Amendment 229 #
2019/2197(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Believes that a thorough reflexion shall be taken towards potential compensation on products from trade partners whose production systems do not respect the same environmental standards as European companies and therefore fail to meet their commitment on sustainable development;
Amendment 230 #
2019/2197(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the Commission’s initiative for a European Green Deal and underlines that it should be comprised of a strategy that is ecologically, economically and socially balanced; calls on the Commission to give special consideration to the rules applying to third countries in order to promote fair competition and ensure a level playing field, as these rules shall not be equivalent to Member States’ rules;
Amendment 269 #
2019/2197(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Recalls that the efforts to keep rules-based trade must play a crucial role in our trade strategy and in this context recalls the adoption on the modernisation of trade defence instruments in 2018, and the new foreign investment screening mechanism; stresses that the new foreign investment screening mechanism should never be a tool for protectionism; highlights the importance of ensuring that TDIs are properly implemented and effective, especially in the post Covid-19 trading context in order to protect the EU market from distortions or abuses;
Amendment 272 #
2019/2197(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Recalls the adoption in 2018 of the new foreign investment screening mechanism; highlights that the new foreign investment screening mechanism should be a tool to face unfair competition and practices that are threatening the security of EU strategic production facilities, sectors and industries; points out it could be a far more ambitious tool; stresses the need of a strong screening and cooperation in the post Covid-19 context where some of the EU strategic sectors could be subjected to pressures; calls also to enlarge its scope by placing a particular focus on start-ups and SMEs in the medical research sector;
Amendment 41 #
2019/2190(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that due to the COVID-19 crisis, it is of paramount importance for the protection of EU citizens that the safety of all products needed to tackle the emergency is the highest, especially for medical and protective equipment, including and in particular products from outside the EU; calls, therefore, on the Commission and Member States to strengthen their coordinated actions within the product safety framework;
Amendment 56 #
2019/2190(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out the need to adapt product safety rules to the digital world; asks the Commission to address the challenges of emerging technologies such as artificial intelligence (AI), the internet of things (IoT) and robotics in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, whileensuring coherence among all the different initiatives and avoiding duplicating legislation;
Amendment 91 #
2019/2190(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Commission to develop measures, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exist, to ensure the safety and security of products with embedded emerging technologies, and to provide support to micro and SMEs to reduce the burden such measures can create;
Amendment 107 #
2019/2190(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Asks the Commission and the Member States to take account of the autonomous self-learning behaviour of AI throughout a product’s lifetime; calls for human oversight and effective checks on high-risk AI products to ensure trust and product safety;
Amendment 113 #
2019/2190(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages economic operatomerging technologies' providers to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products, and ensure safety throughout their lifecycle;
Amendment 119 #
2019/2190(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to enhance connectivity infrastructure, including 5G, in order to improve the safety of connected products while keeping citizens' health as the greater good;
Amendment 135 #
2019/2190(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to speed up its efforts to develop a European cybersecurity certification schemes for AI, IoT and robotics products, and to assess whether to create mandatory certification schemes for specific consumer products that can be quickly updated to adapt to current risks without hindering innovation;
Amendment 153 #
2019/2190(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages Member States to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including particular at cross-border level, improve the efficiency and effectiveness of checks, especially where freight traffic is high such as in ports, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, track their origin and prevent and stop their circulation in the internal market;
Amendment 178 #
2019/2190(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that products directly purchased by consumers from non-EU economic operators must be subject to effective controls on their quality, origin and compliance to the EU regulatory framework; calls on market surveillance authorities to undertake adequate checks on these products and to keep the ICSMS system updated;
Amendment 199 #
2019/2190(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Commission to improve and increase, at European and international level, cooperation between consumer protection, market surveillance and customs authorities so as to enable the swift transfer of information on unsafe products;
Amendment 244 #
2019/2190(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiring online platforms to put in place effective and appropriate safeguards to tackle the appearance of advertisements for unsafe products and to block misleading advertisements of these products;
Amendment 248 #
2019/2190(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on Member States to improve the connection and interaction between existing national and European public databases of illegal and unsafe products;
Amendment 261 #
2019/2190(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises that traceability along the supply chain is key to improving the safety and quality of products, since clear and reliable information on products empowers consumers, including persons with disabilities, to make informed choices, and allows market surveillance authorities to carry out their activities; asks the Commission to update the rules for the traceability requirements of non- harmonised products accordingly;
Amendment 264 #
2019/2190(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses that the lack of EU mandatory rules on origin labelling of products and their main components generates uncertainty to consumers who are often misled by the packaging itself; points out that an EU effective and binding traceability system would ensure a higher level of consumer safety for all products placed on the EU market;
Amendment 6 #
2019/2105(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that members' contributions were below target for implementation of the Horizon 2020 programme by the Joint Undertaking and that in 2018, the fifth year of the programming period, only 47% of Horizon 2020 activities were implemented if taken together with the related additional Joint Undertaking activities, excluding which the implementation rate was only 34%; 1 a _________________ 1aEuropean Court of Auditors Annual Report for 2018 on the EU Joint Undertakings
Amendment 6 #
2019/2101(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that members' contributions were below target for implementation of the Horizon 2020 programme by the Joint Undertaking and that in 2018, the fifth year of the programming period, only 52% of Horizon 2020 activities were implemented if taken together with the related additional Joint Undertaking activities, excluding which the implementation rate was only 42%1a; 1aEuropean Court of Auditors’ 2018 annual report on EU Joint Undertakings, ECA.
Amendment 6 #
2019/2100(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that members' contributions were below target for implementation of the Horizon 2020 programme by the SESAR 2020 Joint Undertaking and that in 2018, the fifth year of the programming period, only 29% of Horizon 2020 activities were implemented if taken together with the related additional Joint Undertaking activities, excluding which the implementation rate was 29%1a;
Amendment 7 #
2019/2100(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes that, according to the Court, shortcomings in the drafting of the 2018 call for proposals for funding from the Connecting Europe Facility (MCE) have resulted in overlaps and inconsistencies between the award criteria, compromising the overall effectiveness of the grant evaluation process1a;
Amendment 8 #
2019/2100(DEC)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Notes the observation by the Court of Auditors in its Special Report No 11/20191a regarding the sometimes unnecessary use of European funding in view of the purposes for which it was allocated and a number of funding management shortcomings;
Amendment 1 #
2019/2081(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the finding of the Court of Auditors that the accounts of the European Union Agency for Railways ('the Agency') for the 2018 financial year are legal and regular in all material aspects;
Amendment 5 #
2019/2081(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes the Court's observations concerning the legality and regularity of the transactions, and joins the Court in urging the Agency to employ procurement procedures which are consistent with the Financial Regulation;
Amendment 6 #
2019/2081(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes the Court's observations concerning internal controls, and calls on the Agency to carry out more effective ex ante checks on payments in connection with contracts, with a view to ensuring that all procurement procedures are competitive and transparent;
Amendment 7 #
2019/2081(DEC)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Agency to take account of the specific needs of small and medium-sized enterprises (SMEs) when applying fees and charges in connection with the new certification tasks and to carry out effective checks to verify the SME-related criteria when dealing with applicants;
Amendment 8 #
2019/2081(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Deplores the fact that the Agency still has two seats, in Lille and Valenciennes, and points out that costs could be reduced if all operations were to be centralised at a single seat;
Amendment 1 #
2019/2077(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the finding of the Court of Auditors that the accounts of the European Aviation Safety Agency ('the Agency') for the 2018 financial year are legal and regular in all material respects;
Amendment 11 #
2019/2077(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the Agency ended the year with an overall deficit of 2 million EUR (a surplus of 0,7 million EUR related to subsidy activities and a deficit of 2,7 million EUR related to fees and charges activities); notes that the fees and charges deficit is deducted from the accumulated surplus, reducing it from 54,9 million EUR to 52,2 million EUR; observes that concerning activities related to fees and charges, the income rose by 1,8 million EUR compared to 2017, however staff costs increased by 3,7 million EUR, administrative costs by 0,9 million EUR and operational costs by 2,6 million EUR; notes that for subsidy-related activities an increase of subsidy by 2 million EUR was enough to cover the rise in administrative costs by 0,1 million EUR and operational expenditures by 1,4 million EUR; stresses that the accumulation of the EUR 52.2 million surplus stemming from aviation- funded activities is not provided for by the founding Regulation and that corrective actions have not been completed as from FY2016;
Amendment 12 #
2019/2077(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 13 #
2019/2077(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Agency to ensure that procurement procedures and framework contracts are carried out and phrased in such a way as to guarantee fair competition and full compliance with the legislation applicable and that procurement results in a satisfactory quality-price ratio, as made clear by the Court in its observations on the legality and regularity of transactions1 a; _________________ 1a ‘Annual Report on EU Agencies for the financial year 2018’, Annual Report, ECA;
Amendment 1 #
2019/2076(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the finding of the Court of Auditors that the transactions underlying the accounts of the European Maritime Safety Agency ('the Agency') for the 2018 financial year are legal and regular in all material respects;
Amendment 2 #
2019/2055(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the finding of the Court of Auditors (‘the Court’) that the consolidated accounts of the European Union for the year 2018 are reliable and that the transactions underlying the accounts of the Union for the 2018 financial year are generally legal and regular in all material aspects, except for high-risk expenditure (mainly spending on a reimbursement basis, which is subject to complex rules), which has an estimated error level of 4,5%; notes that the overall estimated level of error of 2,6% is still above the ECA’s materiality threshold (2%);
Amendment 3 #
2019/2055(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is concerned about the increasing concentration of expertise and responsibilities in the hands of the agencies in the transport sector, which could lead to an increase in the costs borne by the EU budget;
Amendment 5 #
2019/2055(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. WelcomNotes the completion of the 2017 CEF Transport blending call in 2018 with an innovative approach making available a total indicative budget of EUR 1,35 billion of EU grants to be combined with funding from the European Fund for Strategic Investments (EFSI), the European Investment Bank, national promotional banks or private investors; believes that an ex-post evaluation of those projects must be carried out in order to assess this instrument's effectiveness on the basis of the type of action financed; notes that the second deadline for submission of proposals in April 2018, focusing on innovation and new technologies projects, notably in the field of alternative fuels, in support of the Commission’s Clean Mobility policy, resulted in 35 projects being selected with a total of EUR 404,8 million in CEF funding; notes the need to improve the level of awareness of the CEF eligibility rules among the beneficiaries;
Amendment 12 #
2019/2055(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Reiterates the request of the Court to improve coherence, clarity and effectiveness of the EU passenger rights framework, take action to promote awareness campaignsmore effective and transparent information and provide national enforcement bodies with further tools for enforcing passenger rights;
Amendment 13 #
2019/2055(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the importance of investing in projects that concern both the creation of new and the maintenance and safety of existing infrastructure, both on the core network and the comprehensive network of TEN-T corridors, in order to ensure that sufficient long-distance transport services are available and to improve cohesion and local and cross- border territorial connectivity, including in the outermost and island regions;
Amendment 19 #
2019/2055(DEC)
Draft opinion
Paragraph 12
Paragraph 12
12. Welcomes the start of new projects focusing on urban mobility, efficient logistics and infrastructure, including the port of the future, worth around EUR 105 million from the 2017 call of the Horizon 2020 programme; welcomes the adoption of the 3-year Horizon 2020 Transport Work Programme for 2018-2020; reiterates the recommendation by the Court to set out an EU-wide port development plan for core ports, in keeping with existing national management models, and to revise the number of core ports;
Amendment 3 #
2019/2028(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes note of the draft budget proposed by the Commission in the field of transport; regrets the indiscriminate cuts demanded by the Councilcalls for financing for the Connecting Europe Facility (CEF) to be protected when funds available for transport are allocated;
Amendment 4 #
2019/2028(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that, according to an Opinion of the Court of Auditors, centralising the work of the European Union Agency for Railways (ERA) at one seat could reduce costs borne by the EU budget;
Amendment 8 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes the time is ripe for a more fundamental reshaping of EU transport financing with a view to establishing a net zero transport sector by 2050 and guarantee full alignment with the Paris Agreementsustainable and efficient transport sector, guaranteeing infrastructure safety, protection of workers’ social dimension and fewer burdens for businesses through digitalisation and technological innovation;
Amendment 10 #
2019/2028(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is concerned about the growing centralisation of expertise and responsibilities at the head of Agencies in the transport sector, which could entail a rise in costs borne by the EU budget;
Amendment 16 #
2019/2028(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that the EU transport policy is essies are fundamential for economic, social and environmental sustainability and therefore priority should be given to the quality and sustainability of projects rather than their quantity or sizeto industrial development in the EU Member States and essential for economic, social and environmental sustainability;
Amendment 17 #
2019/2028(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the importance of investing in infrastructure projects that guarantee the construction of new structures and the maintenance and safety of existing ones, both on the core network of TEN-T corridors and the comprehensive network, in order to ensure sufficient long-distance transport services exist and improve cohesion and local territorial connectivity, including in the island and outermost regions;
Amendment 23 #
2019/2028(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. ReiteraTakes notes that the provisional agreement on the regulation setting up the InvestEU1 Programme1 contains a general provision - applicable to all transport related financing - ensuring that "Pprojects that are inconsistent with the achievement of the climate objectives shall not be eligible for support" and that all projects "shall be screened to determine if they have an environmental, climate or social impact and if so, shall be subject to climate, environmental and social sustainability proofing"are screened to assess their environmental, climate and social impact; _________________ 1 European Parliament legislative resolution of 18 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the InvestEU Programme (COM(2018)0439 – C8-0257/2018 – 2018/0229(COD)).
Amendment 24 #
2019/2028(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points to the importance of completing major infrastructure projects already underway, including cross-border projects such as the high-speed Turin- Lyon rail link and the Brenner base tunnel; stresses in this regard the importance of completing these works on time without further delays;
Amendment 26 #
2019/2028(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that beyond its key role in implementing the European Fund for Strategic Investments (EFSI) and InvestEU, it is vital that the revision of the European Investment Bank’s (EIB) transport policy due in 2020 paves the way for a more fundamental overhaul of the Bank’s transport financing; calls on the EIB to report on all steps of its transport policy revision to Parliament in a timely manner; points to the importance of fostering synergies between different funding programmes and the use of grants combined with other forms of financing, to generate and encourage the involvement of private capital and investments;
Amendment 29 #
2019/2028(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that the Connecting Europe Facility (CEF) spending in the field of transport can be improved by increasing further the share of funding for zero emission transport modes; welcomes the approach of the Commission to co-finance the re-establishment of regional cross- border rail connections that were dismantled or abandoned and encourages the Members States, cross-border regions and the Commission to further intensify these bottom-up projects that contribute to reopening borders in the EU where they still exist; calls on the Commission to significantly increase the reserved amount within the CEF budget line for financing for the re-establishment of regional missing rail links that were dismantled or abandoned; further electrification of railway infrastructure must be intensified and a quicker roll -out of the European Rail Traffic Management System (ERTMS) is required; the CEF budget should also take account of rail freight noise abatement measures in order to ensure a sustainable and efficient freight transport system; emphasises the importance of allowing a co-financing rate of 50% for cross-border projects;
Amendment 41 #
2019/2028(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to combine the co-assess whether financing of the EuroVelo network withcould be combined with financing of the comprehensive rail network;
Amendment 45 #
2019/2028(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. In light of the still very high number of deaths and injuries caused by traffic accidents, and the new Directive on road infrastructure safety management with its provision ensuring that “Member States shall ensure that the needs of vulnerable road users are taken into account”, insists that the Commission and Member States further prioritise the financing of the transport safety of passengers in different means of transport and that they focus on the safety of all vulnerable road users, such as pedestrians, cyclists, persons with a disability and other micro-mobility users;
Amendment 50 #
2019/2028(BUD)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to promote projects supporting digitalisation in ports in order to make services to businesses more efficient and cut administrative burdens without foregoing the goal of integrating ports sustainably with the territories in which they are located;
Amendment 52 #
2019/2028(BUD)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Notes that the Court of Auditors has drawn attention in its Special Reports1 a in recent years to a sometimes unnecessary, inefficient and unsustainable use of EU financing in light of the purposes for which said financing had been granted; _________________ 1a ‘The EU's regulation for the modernisation of air-traffic management has added value - but the funding was largely unnecessary’, Special Report No 11/2019, ECA; ‘Maritime transport in the EU: in troubled waters — much ineffective and unsustainable investment’, Special Report No 23/2016, ECA.
Amendment 58 #
2019/2028(BUD)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the importance of tackling across the board the problems of wage dumping, welfare cover and working conditions for drivers in the haulage sector, which in addition to being a form of unfair market competition also raises serious concerns about road safety;
Amendment 62 #
2019/2028(BUD)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Highlights the importance of projects fostering the promotion of tourism, a sector that contributes significantly to Member States' GDP;
Amendment 28 #
2018/0356M(NLE)
Motion for a resolution
Recital B
Recital B
Amendment 64 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that Vietnam is benefiting from the GSP scheme and that EU is currently running a trade deficit with that country, imports from it amounting to EUR 38.2 billion in 2018, compared with exports of only EUR 11.1 billion;
Amendment 70 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that Vietnam is a founding member of the TPP and is currently taking part in the RCEP negotiations; notes that, it has concluded a number of free-trade agreements with countries in the region under ASEAN arrangements; highlights accordingly the potential risk of importing from Vietnam agricultural and other products of doubtful origin, some of them from countries with which Europe does not have direct agreements; stresses, therefore, the importance of effective monitoring arrangements to ensure the safety of products imported from Vietnam and verify their origin;
Amendment 86 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convincedHopes that the agreement will make further strides towards setting high standards and rules in the ASEAN region, helping to pave the way for a future region-to-region trade and investment agreement; stresses that the agreement also sends a strong signal in favour of open and free trade at times of protectionist tendencies and the questioning of multilateral rules-based tradeprogress in terms of high standards and standards in the ASEAN region;
Amendment 102 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses theHopes for genuinely improved access under this agreement to Vietnamese public procurement in line with the Government Procurement Agreement (GPA), as Vietnam is not yet a member of the GPA; underlines that the government procurement chapter of the EVFTA achieves a degree of transparency and procedural fairness comparable to other FTAs that the EU has signed with developed and more advanced developing countries;
Amendment 106 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the fact thatStresses that only around 169 EU geographical indications will benefit from recognition and protection on the Vietnamese market at a comparable level to that of EU legislation, in view of the fact that Vietnam is an important export market in Asia for EU food and drink exports; points out that this list will need to be substantially increased in the immediate future;
Amendment 114 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes with concern a number of major shortcomings in respect of human rights and fundamental freedoms, such as freedom of expression, freedom of the press and freedom of association; is deeply concerned by the numerous systematic infringements of fundamental rights;
Amendment 117 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. RecallNotes that the system of intellectual property protection is still too muddled, containing a number of gaps and several inconsistencies with European rules; hopes that the EVFTA will help Vietnam go further in improvsecuring IPR protection, to the benefit of IPR owners and consumers, as Vietnam will accede to the World Intellectual Property Organisation (WIPO) Internet Treaties, which set standards to prevent unauthorised online access to or use of creative work, protect the rights of owners, and address the challenges that new technologies and methods of communication pose to IPR;
Amendment 157 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that the country’s rapid economic development, with the expansion of the industry and services sectors, is causing increased environmental damage, which is having a serious impact on agricultural and marine biodiversity, while unregulated intensive agriculture is causing deforestation and soil deterioration, threatening biodiversity and water quality and undermining sustainable development goals; notes that Vietnam should apply a strict protection and conservation plan for the environment and marine ecosystem;
Amendment 173 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes that the fisheries sector is a highly sensitive area regarding relations between the European Union and Vietnam; recalls that Vietnam received an initial warning from the European Commission in October 2017 and is currently under observation and that, if no corrective measures are taken, fishery products from Vietnam could be banned; observes, in this regard, that Vietnam should firmly commit to combating illegal, unreported and unregulated fishing activities; takes the view the Union should monitor the situation and require scrupulous checks by Vietnam to ensure that no illegal fishery products arrive on the Union market;
Amendment 174 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Recalls the major problems faced by the Vietnamese authorities, in particular its oversized fishing fleet, the over-exploitation of marine resources and the inefficiency of controls; expresses the greatest concern, therefore, with regard to imports and calls for the rigorous monitoring of control systems;
Amendment 175 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Expresses its serious concern, regarding agricultural imports, at the zero-duty rice quota of 80 000 tonnes; fails to understand the reason for such a large amount, given that the average annual quantity of rice imported from Vietnam to date is around 25 000 tonnes; points out that, at a time when Cambodian rice safeguard clauses are being activated, it is risky to establish such a large rice import quota that might damage the European rice industry, forcing it to reduce production, with serious repercussions in terms of quantity and quality;
Amendment 176 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Recalls that increasing dependence on rice imports from Asia is a major factor in increasing the volatility of rice prices; points out that world global population growth vastly exceeds the capacity to increase world rice production; notes that the combination of import dependency and reduced domestic production could create future supply problems for the EU; points out that water from the Mekong river, one of the most polluted in the world, is being used for rice cultivation; it is therefore necessary to control both the quality of the final product and the production chain in order to verify compliance with European standards and requirements and ensure that no banned substances are used during processing in Europe that might have an adverse environmental impact, even if no trace of them remain in the final product;
Amendment 177 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Calls for technical management measures designed to progressively dilute and keep track of the effects of the 80 000-tonne quota;
Amendment 178 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 14 f (new)
Paragraph 14 f (new)
14f. Recommends that the quota be accorded in two half-yearly tranches; if, for one or more of the three sub-quotas - 30 000 tonnes of aromatic rice, 30 000 tonnes of milled rice and 20 000 tonnes of husked rice - a half-yearly tranche is exhausted before the opening of the next tranche, the duty exemption should not apply to quantities imported after the date of exhaustion up to the commencement of the next half-year; calls for a ban on ‘transfers’ from any unused sub-quotas; if, for three consecutive years, a sub- quota, or over 50 %, thereof, remains unused, it should be suspended;
Amendment 180 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
15. AcknowledgesExpresses great concern at revelations regarding the illegal timber trade in Vietnam and the numerous instances of illegal timber trafficking from Laos and Cambodia; acknowledges, in this regard, Vietnam’s engagement to address illegal logging and deforestation through the conclusion of a Voluntary Partnership Agreement on Forest Law Enforcement, Governance and Trade (VPA/FLEGT) with the EU; notes that this agreement has been in force since 1 June 2019 and introduces mandatory due diligence obligations for its importers; welcomes the open and constructive participation of all relevant stakeholders in Vietnam in this process; hopes that measures will be taken to ensure full compliance with agreement, accompanied by the envisaged monitoring procedures;
Amendment 188 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for enhanced monitoring of the agreement and effortsdetailed and rigorous monitoring of implementation of the agreement and for no effort to be spared to ensure that shortcomings are addressed rapidly with our trading partner; calls for specific technical assistance in order to help Vietnam implement some of the commitments via projects and expertise, notably linked to environmental and labour provisions;
Amendment 121 #
2013/0186(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The application of this Regulation shall be without prejudice to Member States' sovereignty over their airspace and to the requirements of the Member States relating to public order, public security and defence matters, as set out in Article 44. This Regulation does not cover military operations and training, whereas coordination with military authorities shall be ensured to identify and address potential impacts of the application of this regulation on those activities.
Amendment 166 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Without prejudice to paragraph 1, the national supervisory authorities shall be legfunctionally distinct and independent from any other public or private entity in terms of their organisation, functioning, legal structure and decision- making.
Amendment 179 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States may set up national supervisory authorities which are competent for several regulated sectors, if those integrated regulatory authorities fulfil the independence requirements set out in this Article. The national supervisory authority may also be joined in respect of its organisational structure with the national competent authority and national competition authority referred to in Article 11 of Council Regulation (EC) No 1/200338 , if the joint body fulfils the independence requirements set out in this Article. __________________ 38Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).
Amendment 194 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
6. In addition to the requirements set out in paragraph 5, persons in charge of strategic decisions shall be appointed by an entity of the Member State concerned which does not directly exert ownership rights over air navigation service providersthrough a clear and transparent procedure. Member States shall decide whether these persons are appointed for a fixed and renewable term, or on a permanent basis which only allows dismissal for reasons not related to their decision-making. Persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff.
Amendment 198 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1
Article 3 – paragraph 6 – subparagraph 1
They shall refrain from any direct or indirect interest that may be considered prejudicial to their independence and which may influence the performance of their functions. To that effect, they shall make an annual declaration of commitment and declaration of interests indicating any direct or indirect interests.
Amendment 206 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Persons in charge of strategic decisions, audits or other functions directly linked to performance targets or oversight of air navigation service providers, shall not hold any professional position or responsibility with any air navigation service provider after their term in the national supervisory authority, for at least a period of two period to be defined by Member States of at least one years.
Amendment 215 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 10
Article 3 – paragraph 10
Amendment 229 #
2013/0186(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 279 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 284 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. In order to avoid unnecessary administrative burden for small organisations, certain air navigation service providers may be exempted from the requirement provided for by paragraph 1 of this Article. Detailed rules shall be adopted in accordance with the examination procedure referred to in Article 37 (3).
Amendment 285 #
2013/0186(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 315 #
2013/0186(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 319 #
2013/0186(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 324 #
2013/0186(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall have discretionary powers in choosing an air traffic provider and shall specify the rights and obligations to be met by the air traffic service providers , designated individually or jointly. The obligations shall include conditions for making available relevant data enabling all aircraft movements to be identified in the airspace under their responsibility.
Amendment 348 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where this enables cost-efficiency gains to the benefit of airspace users, Member States shallmay allow airport operators tothe procurement of terminal air traffic services for aerodrome control and approach control under market conditions.
Amendment 353 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 372 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisationfunctionally separated from the provision of CNS, AIS, ADS, MET and terminal air traffic services and that the requirement concerning the separation of accounts referred to in Article 25(3) is respected.
Amendment 376 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 378 #
2013/0186(COD)
Proposal for a regulation
Article 8 – paragraph 4 – point c
Article 8 – paragraph 4 – point c
Amendment 417 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Commission may add additional key performance areas for performance target setting or monitoring purposes, where necessary to improve performance, in accordance with the examination procedure referred to in Article 37(3) and on the basis of an impact assessment.
Amendment 433 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point h
Article 10 – paragraph 3 – point h
(h) balanced and symmetrical incentive schemes including for financial bonus and disincentives applicable whethere an air traffic service provider achieves a performance exceeding binding targets or whether it does not comply with the relevant binding performance targets during the reference period or where it has not implemented the relevant common projects referred to in Article 35. SuchThe financial disincentives shall in particular take account of the deterioration in the level of service quality provided by that provider, as a result of not complying with the performance targets or not implementing the common projects, and the impact thereof on the network;
Amendment 442 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall adopt the Union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of environment, capacity and cost-efficiency for each reference period, in accordance with the advisoryexamination procedure referred to in Article 37(23) and with paragraphs 2 to 3 of this Article. In conjunction with the Union- wide performance targets, the Commission may define complementary baseline values, breakdown values or benchmark groups, for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in Article 13(3). .
Amendment 446 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) they shall drive gradual, continuous improvementsevolution in respect of the operational and economic performance of air navigation services;
Amendment 450 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. For the purposes of preparing its decisions on Union-wide performance targets, the Commission shall collect any necessary input from stakeholders and from the relevant national regulators (national supervisory authorities and national competent authorities). Upon request of the Commission, the Agency acting as PRB shall provide assistance to the Commission for the analysis and preparation of those decisions, by way of an opinion.
Amendment 453 #
2013/0186(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. In case of justified circumstances occurred during the reference period, Member States may modify the notification referred to in paragraph 1.
Amendment 455 #
2013/0186(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 458 #
2013/0186(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 460 #
2013/0186(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The designated air traffic service providers concerned shall base their draft performance plans for en route and terminal air navigation services on the classifications the Commission has founreferred to be in compliance with the criteria set out in points (28) and (55) of Article 2paragraph 1. The Agency acting as PRB shall base itself on those same classifications when assessing the allocation of costs between en route and terminal air navigation services under Article 13(3).
Amendment 464 #
2013/0186(COD)
Proposal for a regulation
Article 13 – title
Article 13 – title
Performance plans and performance targets for en route air navigation services of designated air traffic service providers
Amendment 466 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The designated air traffic service providers for en route air traffic servicesnational supervisory authority shall, for each reference period, adopt draftthe performance plans drafted by air traffic service providers in respect of all the en route air navigation services which they provide and, where applicable, procure from other providers.
Amendment 472 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for en route air navigation services in the key performance areas of the environment, capacity and cost-efficiency, consistent with the Union- wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 474 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providernational supervisory authorities shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
Amendment 486 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – introductory part
Article 13 – paragraph 3 – subparagraph 1 – introductory part
Consistency of performance targets for en route air navigation service with Union- wide performance targets shall be established according to at least one of the following criteria:
Amendment 490 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point b
Article 13 – paragraph 3 – subparagraph 1 – point b
(b) evaluation of performance improvements over time, for the reference period covered by the performance plan, and additionallyor for the overall period comprising both the preceding reference period and the reference period covered by the performance plan;
Amendment 500 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The allocation of costs between en route and terminal air navigation services shall be assessed by the Agency acting as PRB on the basis of the methodology referred to in Article 10(3)(k) and the classification of the different services as assessed by the Commission pursuant to Article 12.
Amendment 501 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The draft performance plans for en route air navigation services referred to in paragraph 1, including where relevant the allocation of costs between en route and terminal air navigation services, shall be submitted to the Agency acting as PRB to assess the compliance with the Performance and Charging Schemes and the consistency with EU targets and to the national supervisory authority for assessment and approval.
Amendment 511 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
Where the Agency acting as PRB finds that the allocation of costs complies with that methodology and with that classification, it shall take a decision to that effect, notifying the designated air traffic service provider and national supervisory authority concerned. The national supervisory authority shall be bound by the conclusions of that decision in respect of the allocation of costs for the purposes of the assessment of the draft performance plan for terminal air navigation services referred to in Article 14ensure the compliance to the conclusions of that decision.
Amendment 518 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 7 – introductory part
Article 13 – paragraph 7 – introductory part
7. The Agency acting as PRB shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. Where paragraph 6 applies, this assessment shall take place after a decision on the allocation of costs has been taken in accordance with the fourth subparagraph of paragraph 6the Agency acting as PRB finds that the draft performance plan meets those criteria and conditions, it shall notify it to the national supervisory authority.
Amendment 525 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 2
Article 13 – paragraph 7 – subparagraph 2
Where the Agency acting as PRB finds that one or several performance targets for en route air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall dennotify the approvalnational supervisory authority.
Amendment 528 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Where the Agency acting as PRB has denied approvalissued a negative assessment of a draft performance plan in accordance with paragraph 7, a revised draft performance plan shall be presented by the designated air traffic service provider concerned, including where necessary revised targets.
Amendment 534 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – introductory part
Article 13 – paragraph 9 – introductory part
9. The Agency acting as PRB shall assess the revised draft performance plan referred to in paragraph 8 in accordance with the criteria and conditions set out in paragraph 3. Where a revised draft performance plan meets those criteria and conditions, the Agency acting as PRB shall approve notify the national supervisory authority.
Amendment 537 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 1
Article 13 – paragraph 9 – subparagraph 1
Where a revised draft performance plan does not meet those criteria and conditions, the Agency acting as PRB shall deny its approval and shall require the designated air traffic service provider to present a final draft performance plan.
Amendment 542 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 2
Article 13 – paragraph 9 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets, the Agency acting as PRB shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 7. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the Agency acting as PRBnational supervisory authority, as well as the measures to achieve those targets.
Amendment 546 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 3
Article 13 – paragraph 9 – subparagraph 3
Where approvalthe assessment of the revised draft performance plan submitted in accordance with paragraph 8 is deniednegative only because it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by the Agency acting as PRB, and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being met.
Amendment 550 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 4
Article 13 – paragraph 9 – subparagraph 4
Where approvalthe assessment of the revised draft performance plan submitted in accordance with paragraph 8 is deniednegative because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the Agency acting as PRBnational supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being met.
Amendment 552 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 10
Article 13 – paragraph 10
10. Draft performance plans approved by the national supervisory authority and assessed by the Agency acting as PRB shall be adopted by the designated air traffic service providers concerned as definitive plans, and shall be made publicly available.
Amendment 569 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
Article 13 – paragraph 11 – subparagraph 1
The designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. This shall include information and data related to actual costs and revenues. Where performance targets are not reached or the performance plan is not correctly implemented, the Agency acting as PRB shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provi, after consultation with the Network Manager, the Member States and the operational stakeholders to delegate the provision of the relevant services to another air traffic service providerhrough the Cooperative Decision Making (CDM) process. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2). The Commission may take action in accordance with Article 24(3).
Amendment 574 #
2013/0186(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Performance plans and performance targets for terminal air navigation services of designated air traffic service providers
Amendment 577 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for terminal air navigation services in the key performance areas of environment, capacity and cost- efficiency, consistent with the Union-wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 581 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The draft performance plans for terminal air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereofsupervisory authority.
Amendment 586 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Draft performance plans for terminal air navigation services shall contain performance targets for terminal air navigation services that are consistent with the respective Union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph.
Amendment 592 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Consistency of performance targets for terminal air navigation service with Union- wide performance targets shall be established according to at least one of the following criteria:
Amendment 612 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 2
Article 14 – paragraph 6 – subparagraph 2
Where the national supervisory authority finds that one or several performance targets for terminal air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall deny the approval.
Amendment 617 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 2
Article 14 – paragraph 8 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the Union-wide performance targetsconditions set out in paragraph 3, the national supervisory authority shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 6. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority as well as the measures to achieve those targets.
Amendment 622 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 3
Article 14 – paragraph 8 – subparagraph 3
Amendment 627 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 4
Article 14 – paragraph 8 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the national supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met.
Amendment 637 #
2013/0186(COD)
Proposal for a regulation
Article 14 – paragraph 10 – subparagraph 2
Article 14 – paragraph 10 – subparagraph 2
Where performance targets are not reached or the performance plan is not correctly implemented, the national supervisory authority shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented, or where corrective measures imposed are not or not properly applied, the national supervisory authority shallmay request the Agency acting as PRB to conduct an investigation in accordance with Article 24(2), and the Commission may take action in accordance with Article 24(3).
Amendment 645 #
2013/0186(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 655 #
2013/0186(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Network Manager shall, for each reference period, draw up a draft Network Performance Plan in respect of all the network functions which it deliversupports.
Amendment 666 #
2013/0186(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Agency acting as PRB as regards en route air navigation services, or the national supervisory authority concerned as regards terminal air navigation services, shall authorise the designated air traffic service provider concerned to proceed with the intended revision only if it is necessary and proportionate, and where the revised performance targets ensure that consistency with the Union-wide performance targets is maintained. Where the revision has been authorised, designated air traffic service providers shall adopt new draft performance plans, in accordance with the procedures set out in Articles 13 and 14.
Amendment 673 #
2013/0186(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
For the implementation of the performance scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 10(3), 11, 12, 13, 14, 15, 16 as well as 17, in particular as regards the development of draft performance plans, the setting of performance targets, the criteria and conditions for their assessment, the methodology for allocation of costs between en route and terminal air navigation services, the monitoring of performance and issuance of corrective measures, and the timetables for all procedures. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisoryexamination procedure referred to in Article 37(23).
Amendment 674 #
2013/0186(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Without prejudice to the possibility for Member States to finance the provision of air traffic services covered in this Article through public funds, charges for air navigation services shall be determined, imposed and enforced on airspace users. With respect to route charges, the charging scheme shall be consistent with the Eurocontrol Route Charges System.
Amendment 689 #
2013/0186(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Financial data on determined costs, actual costs and revenues of designated air traffic service providers shall be reported to national supervisory authorities, Eurocontrol and the Agency acting as PRB and shall be made publicly available.
Amendment 691 #
2013/0186(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
Amendment 699 #
2013/0186(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. other costs incurred by the Member States in relation to the provision of air navigation services such as the costs stemming from international agreements, if such costs are not covered by other financial resources.
Amendment 704 #
2013/0186(COD)
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Designated air traffic service providers shall provide details of their cost base to the Agency acting as PRB, the national supervisory authorities, Eurocontrol and the Commission. To this end, costs shall be broken down in line with the separation of accounts referred to in Article 25(3), and by distinguishing staff costs, operating costs other than staff costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to the Agency acting as PRB, and exceptional costs.
Amendment 709 #
2013/0186(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Unit rates shall be set by the national supervisory authorities, after verification by the Agency acting as PRB that they comply with Article 19, Article 20 and with this Article. Where the Agency acting as PRB finds that a unit rate does not fulfill those requirements, the unit rate shall be reviewed accordingly by the national supervisory authority concerned. Where a unit rate continues to not fulfill those requirements, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2), and the Commission may take action in accordance with Article 24(3).
Amendment 717 #
2013/0186(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
For charging purposes, and when congestion causes significant network problems including deterioration of environmental performance, the Commission may define, by way of an Implementing Regulation adopted in accordance with the examination procedure referred to in Article 37(3), a common unit rate for en route air navigation services across the Single European Sky airspace, and detailed rules and procedures for its application. The common unit rate referred to in the first subparagraph shall be calculated on the basis of a weighted average of the different unit rates of the air navigation service providers concerned. The proceeds of the common unit rate shall be reallocated so as to achieve revenue neutrality for those air traffic service providers concerned.
Amendment 719 #
2013/0186(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Charges shallmay be levied on airspace users for the provision of air navigation services,; if levied, this shall be under non- discriminatory conditions, taking into account the relative productive capacities of the different aircraft types concerned. When imposing charges on different airspace users for the use of the same service, no distinction shall be made in relation to the nationality or category of the user.
Amendment 723 #
2013/0186(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The charge for en route air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight. The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 728 #
2013/0186(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The charge for terminal air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. For the purpose of calculating the charge for terminal air navigation services, the approach and departure of a flight shall count as a single flight. The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 739 #
2013/0186(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Charges shallmay be modulated to encourage air navigation service providers, airports and airspace users to support improvements in environmental performance, or service quality such as increased use of sustainable alternative fuels, increased capacity, reduced delays and sustainable development, while maintaining an optimum safety level, in particular for implementing the European ATM Master Plan. The modulation shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers.
Amendment 745 #
2013/0186(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
For the implementation of the charging scheme, the Commission shallmay adopt detailed requirements and procedures in respect of Articles 19, 20, 21 and 22 in particular regarding the cost bases and determined costs, the setting of unit rates, the incentives schemes and risk sharing mechanisms and the modulation of charges. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisory procedure referred to in Article 37(2).
Amendment 756 #
2013/0186(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. At the request of one or more Member States, of a national supervisory authority or of the Commission, the Agency acting as PRB shall carry out an investigation into any allegation of non- compliance as referred to in paragraph 1. Where it has indications of such non- compliance, the Agency acting as PRB may initiate an investigation on its own initiative. It shall conclude the investigation within four months of receipt of a request, after having heard the Member State, the national supervisory authority concerned and the designated air traffic service provider concerned. Without prejudice to Article 41(1), the Agency acting as PRB shall share the results of the investigation with the Member States concerned, the air traffic service providers concerned and the Commission. Results of the investigation may be subject to appeal.
Amendment 768 #
2013/0186(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
Amendment 779 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The air traffic management network functions shall aim at ensureing the sustainable and efficient use of the airspace and of scarce resources. They shall also ensure that airspace users can operate environmentally optimalised trajectories, while allowing maximum access to airspace and air navigation services and avoiding congestion. Those network functions , enumerated in paragraphs 2 and 3, shall support the achievement of the Union-wide performance targets and shall be based on operational requirements , respecting the separation of regulatory and operational tasks, without prejudice to Member States’ sovereignty over their airspace and to their responsibilities relating to public order, security and defence.
Amendment 788 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) the facilitation of the development of the design and management of the European airspace structures ;
Amendment 792 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) the coordination of air traffic flow management;
Amendment 795 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) optimisation of airspace design for the network and facilitation of delegation of air traffic services provision, where decided by the Member States concerned, and support to the optimisation of airspace design for the network through co- operation with the air traffic service providers and Member State authorities;
Amendment 799 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) managementfacilitation of the delivery of air traffic control capacity in the network as set out in the binding Network Operations Plan (NOP) adopted in accordance with the Article 27(7);
Amendment 809 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point e
Article 26 – paragraph 3 – point e
(e) the management ofsupport to the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM network, in accordance with the European ATM Master Plan, through a partnership with the operational stakeholders and taking into account military and operational needs and associated operational procedures;
Amendment 816 #
2013/0186(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The functions listed in paragraphs 2 and 3 shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. They shall be performed in coordination with civil and military authorities in accordance with agreed procedures concerning the flexible use of airspace.
Amendment 824 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. In order to achieve the objectives referred to in Article 26, the Commission, supported by the Agency where relevantin accordance with Regulation (EU) 2018/1139, shall ensure that the Network Manager contributes to the execution of the network functions set out in Article 26, by carrying out the tasks referred to in paragraph 4 .
Amendment 828 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission mayshall appoint an impartial and competent body to carry out the tasks of the Network Manager . To this end, the Commission shall adopt an implementing act in accordance with the examination procedure referred to in Article 37(3). This appointment Decision shall include the terms and conditions of the appointment, including the financing of the Network Manager.
Amendment 831 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The tasks of the Network Manager shall be executed in an independent, impartial and cost efficient manner . They shall be subject to appropriate governance, which shall recognise separate accountabilities for service provision and regulation where the competent body designatany other activity performed asby the Network Manager also has regulatory functions. In the execution of its tasks, the Network Manager shall take into consideration the needs of the whole ATM network and shall fully involve the airspace users, air navigation service providers , aerodrome operators and the military.
Amendment 837 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Network Manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the network under normal and network crisis conditions and through measures aimed at the continuous improvement of network operations in the Single European Sky and the overall performance of the network, especially regarding the implementation of the performance scheme. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network.
Amendment 842 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 6 – introductory part
Article 27 – paragraph 6 – introductory part
6. The Network Manager, in coordination with the operational stakeholders that contribute to the Network Operations Plan through the appropriate CDM, shall:
Amendment 848 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 6 – point a
Article 27 – paragraph 6 – point a
(a) decide on individuremedial measures to support the implementation of the network functions and to support the effective implementation of the binding Network Operations Plan and the achievement of the binding performance targetreakdown values;
Amendment 858 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 7
Article 27 – paragraph 7
7. The Network Manager shall take decisions through a cooperative decision- making process. Parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. The cooperative decision-making process shall promote the interest of the network, while seeking consensus of Member States.
Amendment 862 #
2013/0186(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
The air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided, including relevant changes to airspace configurations, or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. The airspace users shall also be involved in the process of approving strategic investment plans. The Commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37 (3).
Amendment 873 #
2013/0186(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. With regard to general air traffic, relevant operational data shall be made available in real-time, on a non- discriminatory basis and without prejudice to security or defence policy interests, by all air navigation service providers, airspace users, airports, and the Network Manager, including on cross-border basis and on a Union-wide basis. Such availability shall be to the benefit of certified or declared air navigation service providers, military air traffic service providers, entities having a proven interest in considering the provision of air navigation services, airspace users and airports as well as the Network Manager. The data shall be used only for operational purposes.
Amendment 908 #
2013/0186(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Without prejudice to the obligation of Member States under International Agreements, Member States, national supervisory authorities, the Agency whether or not it is acting as PRB and the Network Manager shall establish consultation mechanisms for appropriate consultation of stakeholders for the exercise of their tasks in the implementation of this Regulation.
Amendment 43 #
2012/0060(COD)
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) Whereas foreign companies have nearly tripled their public procurement contracts in Europe in 5 years, and whereas, according to the Commission's figures, non-European companies were awarded public contracts in the European Union worth 32 billion in 2017 compared with 10-17 billion in 2021; whereas the Commission admits that it has no information on the biggest procurement contracts awarded to European companies in the US and China.
Amendment 45 #
2012/0060(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In accordance with Article 21 of the Treaty on European Union, the Union is to define and pursue common policies and actions, and improve cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on internationallimiting unnecessary barriers to European trade.
Amendment 46 #
2012/0060(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In accordance with Article 18 of the Treaty establishing the EEC in 1957, the Member States shall declare their willingness to contribute to the development of international trade and the reduction of barriers to trade by entering into reciprocal and mutually- advantageous arrangements.
Amendment 47 #
2012/0060(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Pursuant to Article 206 of the Treaty on the Functioning of the European Union, the Union, by establishing a customs union, is to contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of by limiting unnecessary restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.
Amendment 48 #
2012/0060(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Cooperation in Europe will bear fruit for all countries only if it is based on Community preference.
Amendment 50 #
2012/0060(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Many third countries are reluctant or refuse to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities. In this context, the introduction of measures aimed at encouraging the opening of third countries' public procurement markets and at achieving mutual reciprocity is a necessary stage in defending the commercial interests of the Member States and the Union. However, if the measures were to prove insufficient and European companies continued to encounter problems accessing the public procurement and concessions markets of third countries, the Commission and the Member States should investigate introducing more effective trade defence instruments without delay.
Amendment 53 #
2012/0060(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) While many third countries persist in limiting access to their public procurement markets, large sections of the Union's public procurement markets remain open to international competition. Union companies operating in the internal market are thus confronted by unfair competition from economic operators based outside the Union, particularly where the latter receive government subsidies.
Amendment 54 #
2012/0060(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
Amendment 64 #
2012/0060(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In view of the fact that the access of third country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member States and their contracting authorities and contracting entities should not be able tomay, in keeping with the spirit of this Regulation, restrict the access of third country goods or services to their tendering procedures by any other measure than those provided for in this Regulationin order to ensure that foreign economic operators respect environmental, social and labour laws and all applicable national laws.
Amendment 71 #
2012/0060(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) If the existence of a restrictive and/or discriminatory procurement measure or practice in a third country is confirmed, the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for Union economic operators, goods and services in respect of public procurement in that country. In order to encourage the country concerned promptly to take an active part in this dialogue, the Commission should decide, when the consultation procedure starts, to introduce on a temporary basis some measures set out in this Regulation, namely exclusion from participation in tendering procedures in EU public procurement markets or from price adjustment measures. The measures would apply to tenders from economic operators originating in that country and/or which deal with products and services originating in that country.
Amendment 75 #
2012/0060(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) If the consultations with the country concerned do not lead to sufficient improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that countryprolong the measures introduced at the start of the consultation procedure and where necessary to adopt additional measures contained in this Regulation.
Amendment 79 #
2012/0060(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 84 #
2012/0060(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is imperative that contracting authorities and contracting entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price while remaining aware of the need to guarantee the long-term economic and social interests of the Member States and European citizens and consumers. Therefore contracting authorities and contracting entities should be able not to apply price adjustment measures limiting access of non-covered goods and services in case there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs, for example in the fields of health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.
Amendment 91 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation establishes measures intended to improve the access of Union economic operators, goods and services to the public procurement and concessions markets of third countries and to guarantee equal conditions of competition in the internal market. It lays down procedures for the Commission to undertake investigations into alleged restrictive and discriminatory procurement measures or practices adopted or maintained by third countries against Union economic operators, goods and services, and to enter into consultations with the third countries concerned.
Amendment 92 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
It provides for the possibility of applying price adjustment measures to certain tenders for contracts for the execution of works or a work, for the supply of goods and/or the provision of services and for concessions, and measures aimed at excluding access to EU public procurement markets, on the basis of the origin of the economic operators, goods or services concerned. .
Amendment 98 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States and their contracting authorities and contracting entities shall notmay, in keeping with the spirit of this Regulation, apply restrictive measures in respect ofto third country economic operators, goods and services beyond those provided for in this Regulation in order to ensure that foreign economic operators comply with environmental, social and labour laws and all applicable national laws.
Amendment 108 #
2012/0060(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Local elected representatives may promote local employment and use of the official language in local calls for tenders by means of environmental, social or linguistic clauses which are mandatory even for subcontractors.
Amendment 109 #
2012/0060(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Within the context of the WTO and through its bilateral relations, the Union advocates an ambitious opening of international public procurement markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit. It is important to strengthen the concept of consistent economic activity, which has already been identified and legitimised by the WTO as a criterion for selecting companies eligible for public tender. This concept may and should be supplemented by criteria relating to the date of establishment, place of recruitment, percentage of local turnover and contribution to local and national society, in particular through taxes and contributions paid; It is also crucial to develop an indicator based on the national, territorial and environmental responsibility of the company, or to outline a new and more relevant method of assessment than an indicator based on social and environmental responsibility;
Amendment 111 #
2012/0060(COD)
2. The assessment by the Commission of whether the alleged restrictive and/or discriminatory procurement measures or practices have been adopted or are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and Member States, of facts collected by the Commission during its investigation, or both. The assessmentinvestigation shall be concluded within a period of eightsix months after theits initiation of the investigation. In duly justified cases, this period may be extended by fourthree months.
Amendment 115 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Where it is found as a result of an investigation that restrictive and/or discriminatory procurement measures or practices have been adopted or maintained by a third country and the Commission considers it to be in the Union interest, the Commission shall invite the country in question to enter into consultations. Those consultations shall aim at ensuring that Union economic operators, goods and services can participate in tendering procedures for the award of public procurement or concession contracts in that country on conditions no less favourable than those accorded to national economic operators, goods and services of that country and also with a view to ensuring the application of the principles of transparency and equal treatment. In order to encourage the country concerned promptly to take an active part in this dialogue, the Commission should decide, when the consultation procedure starts, to introduce on a temporary basis some measures set out in this Regulation, namely exclusion from participation in tendering procedures in EU public procurement markets or from price adjustment measures. The measures would apply to tenders from economic operators which originate in that country and/or which deal with products and services originating in that country.
Amendment 119 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point i
Article 7 – paragraph 3 – point i
(i) resume consultations with the third country concerned, and/orprolong the measure(s) introduced at the start of the consultation procedure;
Amendment 121 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point ii – paragraph 1
Article 7 – paragraph 3 – point ii – paragraph 1
decide, by implementing act, to impose a price adjustment measure pursuant to Article 8dditional measures under this Regulation.
Amendment 126 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. In the event that consultations with a third country do not lead to satisfactory results within 15 months from the day those consultations started, the Commission shall terminate the consultations and shall take appropriate action. In particular, the Commission may decide, by means of an implementing act, to impose or extend the exclusion of companies from the country concerned that are participating in tendering procedures for the award of EU public procurement contracts or to impose a price adjustment measure, pursuant to Article 8. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 14(2).
Amendment 129 #
2012/0060(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 130 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where it emerges, in the course of an investigation under Article 6 and after following the procedure specified in Article 7, that restrictive public procurement measures adopted or maintained by that third country are resulting in a substantial lack of reciprocity regarding market access between the Union and that third country, the Commission may adopt implementing acts in order to extend the exclusion of undertakings from the country concerned that are participating in tendering procedures for the award of EU public procurement contracts and/or adopt price adjustment measures. Tenders more than 50 % of the total value of which is made of goods and/or services originating in a third country, may be subject to a price adjustmentsuch measures where the third country concerned adopts or maintains restrictive and/or discriminatory procurement measures or practices.
Amendment 131 #
2012/0060(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In the interest of legal certainty for Union and third-country economic operators, contracting authorities and contracting entities, the international market access commitments undertaken by the Union towards third countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thereby ensuring effective application thereof. In accordance with the principle of reciprocity in international matters, when third countries deny access to our companies, their companies should be denied access to our European public procurement market.
Amendment 133 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 134 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The price adjustment measure shall specify the penalty of up to 20% to be calculated on the price of the tenders concerned. It shalMeasures adopted pursuant to paragraph 1 may take one of the following forms: (a) the exclusion of tenders of which over 50% of the total valso specify any restrictions toue is made up of goods or services originating in the scope of application of the measure, such as those related to:untry adopting or maintaining restrictive procurement practices and/or (b) a price adjustment measure.
Amendment 135 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
Amendment 136 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) public procurement of specific categories of contracting authorities or contracting entities; The price adjustment measure shall specify a penalty of 25-40% to be calculated on the tender prices in question, taking into account any state aid or other subsidies granted to the economic operator. It shall also specify any restrictions to the scope of the measure in practice, such as those related to : (a) public procurement by specific categories of contracting authorities or contracting entities; (b) public procurement for specific categories of goods or services or tenders submitted by specific categories of economic operator; (c) public procurement contracts above or below certain thresholds; (d) tenders submitted for specific categories of concession; (e) the territories of certain subcentral levels of government.
Amendment 137 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 138 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
Amendment 139 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
Amendment 140 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
Amendment 149 #
2012/0060(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Withdrawal or suspension of procurement market exclusion or price adjustment measures
Amendment 149 #
2012/0060(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In the light of the overall policy objective of the Union to support small and medium-sized enterprises, this Regulation should also not apply to tenders submitted by SMEs established in the Union and in engaged in substantive business operations entailing a direct and effective link with the economy of at least one Member State. National public authorities have the right to include criteria that give preference to independent businesses run by craftsmen or small traders, or family-run SMEs or ETIs in their calls for tender.
Amendment 151 #
2012/0060(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission may decide, by implementing act, to withdraw the procurement market exclusion or price adjustment measure or suspend its application for a period of time if the country concerned takes satisfactory remedial or corrective actions.
Amendment 152 #
2012/0060(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Where the remedial or corrective actions taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission may reinstate the application of the procurement market exclusion and/or price adjustment measure, at any time, by means of an implementing act.
Amendment 153 #
2012/0060(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Where the remedial or corrective actions taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission may reinstate the application of the price adjustment or procurement market exclusion measure, at any time, by means of an implementing act.
Amendment 155 #
2012/0060(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Application of procurement market exclusion or price adjustment measures
Amendment 156 #
2012/0060(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities on the list adopted pursuant to Article 9 shall apply price adjustmentrestrictive measures to the following:
Amendment 164 #
2012/0060(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In view of theis fact that the access of th, theird country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member Statacting authorities and their contracting authorentities cand contracting entities should not be able to, in the spirit of this Regulation, restrict the access of third country goods or services to their tendering procedures by any other measure than those provided for in this Regulationto ensure that foreign economic operators comply with environmental, social and labour law or any applicable national law.
Amendment 192 #
2012/0060(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) If the consultations with the country concerned do not lead to sufficient improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that country and prolong the measures introduced at the start of the consultation procedure and, where necessary, to adopt additional measures contained in this Regulation.
Amendment 219 #
2012/0060(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Member States are best placed to identify the contracting authorities or contracting entities, or categories of contracting authorities or contracting entities, which should apply the price adjustment measure. To ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved, the Commission should take the final decision, based on a list submitted by each Member State. Where necessary, the Commission may establish a list on its own initiativcan and should offer a monitoring and surveillance tool based on the proposals submitted by each Member State.
Amendment 224 #
2012/0060(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is imperative that contracting authorities and contracting entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price and, at the same time, remain aware of the need to protect the long-term economic and social interests of the Member States and European people and consumers. Therefore contracting authorities and contracting entities should be able not to apply price adjustment measures limiting access of non-covered goods and services in case there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs, for example in the fields of health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.