Activities of Antonius MANDERS
Plenary speeches (65)
Enabling the digital transformation of health and care (debate)
Cross-border organised crime and its impact on free movement (debate)
Common charger for mobile radio equipment (debate)
Sustainable investment plan, just transition fund and Roadmap on Social Europe (debate)
SMEs and better regulation (debate)
SMEs and better regulation (debate)
State of play of the EU's fight against money laundering, in light of the Luanda Leaks (debate)
Farm to Fork Strategy - the key role of farmers and rural areas (debate)
Farm to Fork Strategy - the key role of farmers and rural areas (debate)
Composition of committees and delegations
The impact of Covid-19 outbreak on long-term care facilities (debate)
Digital Services Act: Improving the functioning of the Single Market - Digital Services Act: adapting commercial and civil law rules for commercial entities operating online - Digital Services Act and fundamental rights issues posed - Framework of ethical aspects of artificial intelligence, robotics and related technologies - Civil liability regime for artificial intelligence - Intellectual property rights for the development of artificial intelligence technologies (continuation of debate)
Gender Equality in EU’s foreign and security policy (debate)
Towards a New Consumer Agenda beyond 2020 (debate)
Council Recommendation on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (debate)
Strengthening the single market: the future of free movement of services (debate)
European Skills Agenda for sustainable competitiveness, social fairness and resilience (debate)
Homologation and distribution of transparent masks (debate)
Implementation of the Construction Products Regulation (debate)
Justice programme 2021-2027 (continuation of debate)
Programme for the internal market, competitiveness of enterprises, the area of plants, animals, food and feed and European statistics (Single Market Programme) 2021-2027 (debate)
Digital future of Europe: digital single market and use of AI for European consumers (debate)
Liability of companies for environmental damage (debate)
Establishing the instrument for financial support for customs control equipment (debate)
Old continent growing older - possibilities and challenges related to ageing policy post 2020 (debate)
Fair working conditions, rights and social protection for platform workers - New forms of employment linked to digital development (debate)
Insurance of motor vehicles (debate)
European framework for employees' participation rights and the revision of the European Works Council Directive (debate)
Digital Services Act (continuation of debate)
Implementation of the Toy Safety Directive (debate)
Tackling non-tariff and non-tax barriers in the single market (debate)
A statute for European cross-border associations and non-profit organisations (debate)
Protection of workers from the risks relating to exposure to carcinogens, mutagens and reprotoxins at work (continuation of debate)
Batteries and waste batteries (debate)
A new EU strategic framework on health and safety at work post 2020 (continuation of debate)
Urgent need to adopt the minimum tax directive (debate)
Right to repair (debate)
Better regulation: joining forces to make better laws (debate)
The new European Bauhaus (debate)
Radio Equipment Directive: common charger for electronic devices (debate)
The urgent need for an EU strategy on fertilisers to ensure food security in Europe (debate)
Question Time (Commission) - Protecting critical infrastructure in the EU against attacks and countering hybrid attacks
Question Time (Commission) - Protecting critical infrastructure in the EU against attacks and countering hybrid attacks
Approval of the minutes of the previous sittings
Situation of human rights in the context of the FIFA world cup in Qatar (B9-0539/2022, B9-0541/2022, B9-0542/2022, B9-0543/2022, B9-0537/2022, RC-B9-0538/2022, B9-0538/2022) (vote)
Consumer protection in online video games: a European Single Market approach (debate)
More Europe, more jobs: we are building the competitive economy of tomorrow for the benefit of all (topical debate)
Corporate Sustainability Due Diligence (debate)
Batteries and waste batteries (debate)
Make Europe the place to invest (debate)
Protection of journalists and human rights defenders from manifestly unfounded or abusive court proceedings (debate)
Consumer credits (debate)
Single market emergency instrument (debate)
Decent Housing for All (topical debate)
EU framework for the social and professional situation of artists and workers in the cultural and creative sectors (A9-0304/2023 - Antonius Manders, Domènec Ruiz Devesa) (vote)
Jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and creation of a European Certificate of Parenthood (debate)
Measures for a high level of public sector interoperability across the Union (Interoperable Europe Act) (debate)
The fight against hate speech and disinformation: responsibility of social platforms within the Digital Services Act (topical debate)
Protection of the environment through criminal law (short presentation)
Multiannual financial framework for the years 2021 to 2027 - Establishing the Ukraine Facility - Establishing the Strategic Technologies for Europe Platform (‘STEP’) (joint debate - multiannual financial framework revision)
Data collection and sharing relating to short-term accommodation rental services (debate)
Type-approval of motor vehicles and engines with respect to their emissions and battery durability (Euro 7) (debate)
Healthy lifestyle and active ageing in the EU (debate)
European Disability Card and European Parking Card for persons with disabilities - European Disability Card and European Parking Card for persons with disabilities for third country nationals legally residing in a Member State (joint debate - Disability cards)
European Disability Card and European Parking Card for persons with disabilities - European Disability Card and European Parking Card for persons with disabilities for third country nationals legally residing in a Member State (joint debate - Disability cards)
Reports (4)
REPORT on the liability of companies for environmental damage
REPORT on the proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC
REPORT with recommendations to the Commission on an EU framework for the social and professional situation of artists and workers in the cultural and creative sectors
REPORT on the proposal for a directive of the European Parliament and of the Council extending Directive [XXXX] to third country nationals legally residing in a Member State
Shadow reports (8)
REPORT on consumer protection in online video games: a European single market approach
REPORT on the proposal for a directive of the European Parliament and of the Council on the legal protection of designs (recast)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2019/1009 as regards the digital labelling of EU fertilising products
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002
REPORT on the proposal for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in the matters of parenthood and on the creation of a European Certificate of Parenthood
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828
REPORT on the proposal for a regulation of the European Parliament and of the Council repealing Regulation (EU) No 524/2013 and amending Regulations (EU) 2017/2394 and (EU) 2018/1724 with regards to the discontinuation of the European ODR Platform
REPORT on the proposal for a regulation of the European Parliament and of the Council on combating late payment in commercial transactions
Opinions (3)
OPINION on the proposal for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020
OPINION on the New European Bauhaus
OPINION on 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
Shadow opinions (3)
OPINION on artificial intelligence in education, culture and the audiovisual sector
OPINION on reversing demographic trends in EU regions using cohesion policy instruments
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)
Institutional motions (2)
MOTION FOR A RESOLUTION on a common charger for mobile radio equipment
JOINT MOTION FOR A RESOLUTION on a common charger for mobile radio equipment
Oral questions (2)
Common charger for mobile radio equipment
How to tackle the biggest cause of death in the EU? Towards an EU Cardiovascular Health Plan
Written questions (35)
Obstacles to the free movement of goods, services and persons in the EU due to the proliferation of different low-emission zones (LEZs) and toll systems in the Member States
A single market that works for SMEs: introduction of a 'fast-track' procedure at the European Court of Justice
Use of CAP funds for measures to reduce nitrogen emissions
Insufficient controls in Europe of shipments and discharges of hazardous waste – the polluter does not pay
Chain responsibility and food security go hand in hand: additional assistance to farmers during the Covid-19 pandemic
Age discrimination in the insurance sector
Setting harmonised EU standards on housing conditions for EU labour migrants
Support economic recovery from coronavirus crisis by improving functioning of internal market: stop VAT fraud, with an annual cost of €40 billion, within the EU
Improving mobile phone coverage in border areas in order to achieve a better single market
The urgent need to introduce training compensation also in woman’s football
Introduction of equal pay for male and female football players who play in their national teams
Improving cross-border healthcare and the (digital) single market for medicines and medical products
Premature deaths of cancer patients due to slow authorisation of new anti-cancer drugs in the EU as compared with the United States
Utility and necessity of the European Economic and Social Committee: unfavourable assessment. Should it be reformed or abolished, thereby saving EUR 150 million annually?
European Electronic Communications Code (EECC): possible anti-competitive developments
Suitable emergency exits and the introduction of EU standard exit signs for the elderly and people with disabilities needing assistance
Football as European cultural heritage and the need for a sportive and financial level playing field
Preventing anonymous harassment, threats and fake news on social media platforms
Report of the European Court of Auditors on the application of the polluter pays principle in European policies
Paper COVID certificate: preventing a ‘digital lockdown’ for the elderly and disabled people
Making DiscoverEU available for older people
Preventing fraud by introducing delay and chargeback option for first SEPA transfer to new IBAN account number
Boosting confidence in the EU single market: European rollout of confirmation of payee (CoP) system for IBAN payments
Case C-333/21 (European Super League Company, S.L. v UEFA and FIFA)
EU electricity market
Warning signals on consumer devices
Impact of diesel shortage
Harmonised and mandatory nutrition labelling in the EU
Motor Vehicle Block Exemption Regulation
Social activities of pension funds – revision of IORP II
Decision of Dutch Royal Speed Skating Federation to bar top foreign skaters from Dutch commercial skating teams
The ongoing evaluation and upcoming review of the Environmental Liability Directive
Low-emission zones and eco-stickers in the EU
Italian Football Federation criteria in violation of CJEU ruling in Case C-333/21
Ageism in cancer-related healthcare
Amendments (805)
Amendment 24 #
2023/2080(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the creation, in 2020, of the Single Market Enforcement Task Force (SMET), which is made up of relevant national authorities and the Commission; calls for a constant cooperation of the Task Force with the existing SOLVIT system; welcomes the current effort to identify how SMET can help deal with cases involving the misapplication of EU law that SOLVIT has not been able to address; welcomes the ongoing reporting on structural SOLVIT cases that could become SMET projects; calls on the Commission, as the support of the existing SOLVIT system is limited, especially in cross-border cases in which public authorities breach the rights of citizens and businesses, to assess the possibilities of injunctions that would give legal clarity within three months at Union level, for example at the European Court of Justice, to ensure the correct transposition, application and implementation of EU law in all Member States;
Amendment 35 #
2023/2080(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that, in order to reduce the problems related to gold-plating, Parliament, the Council and the Commission should focus on adopting harmonizing regulations instead of directives and should also focus on adopting EU legislation drafted using the principles of legal clarity, transparency and legal certainty, with a view to being easily transposable and having a specific European added value; regrets that, all too often, EU law-making resorts to ambiguous compromises between the three institutions and loses sight of the ultimate end users (citizens, Member States or businesses); stresses that Union law needs to clearly establish the rights and obligations of its addressees, particularly the EU institutions and the Member States; regrets that, all too often, EU law-making is influenced by and dependent on the consultancy industry, which makes society in general more reliant on consultants instead of focussing on common sense and having leniency for mistakes in some cases;
Amendment 55 #
2023/2051(INL)
Motion for a resolution
Recital A
Recital A
A. whereas cultural and creative expressions and works are often the result of the essential contributions of persons working in the cultural and creative sectors (‘CCS professionals’) in different functions, roles and capacities, ranging from creative input to technical support; whereas the existence of such expressions and works depends, thus, on whether all CCS professionals receive adequate recognition and support; whereas 7.4 million people were in cultural employment across the Member States in 2021, amounting to 3.7% of total employment12a; _________________ 12a Eurostat
Amendment 62 #
2023/2051(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas artistic activities can be pursued as an amateur or as a professional, increasing competition in an already highly competitive environment; whereas the legal distinction between them is not always clearly established and can differ in national legislations and national practices;
Amendment 78 #
2023/2051(INL)
Motion for a resolution
Recital C
Recital C
C. whereas more than double the number of CCS professionals is self- employed than in the general population (32 % compared to 14 %) and CCS professionals are less likely to have a permanent job, to be employed, work full time or have one job than the average working person; whereas CCS professionals tend to have project-based careers and a high degree of mobility;
Amendment 82 #
2023/2051(INL)
Motion for a resolution
Recital D
Recital D
D. whereas these atypical working arrangements, often interrupted or accompanied by significant periods of non-remunerated time spent on artistic research or rehearsing, severely limit the effective access of CCS professionals to social protection, and their access to relevant entitlementss social security contributions remain sporadic; whereas, as a consequence, their access to relevant entitlement, including working hours and overtime rates, as well as leave entitlements, in particular annual and sick leave and familial and care leaves, unemployment benefits and access to childcare, is often limited; whereas, even when coverage is available on a voluntary basis, self- employed CCS professionals have a low coverage rate; whereas this situation is aggravated by existing employment relations being misclassified as self-employment;
Amendment 88 #
2023/2051(INL)
Motion for a resolution
Recital E
Recital E
E. whereas career sustainability in the cultural and creative sectors is challenging and career prospects tend to worsen with ageprogression and career sustainability in the CCS are often dependent on socio-economic characteristics and conditioned by age, gender, race, disability and class; whereas mid-career CCS workers, disabled workers, workers from minorities ethnic groups and from working-class backgrounds may face worse job quality conditions; whereas career sustainability in the cultural and creative sectors is challenging and career prospects tend to worsen with age; whereas specifically workers of older age in the CCS may be forced into self-employment because of their age, putting them at higher risk of precariousness;
Amendment 90 #
2023/2051(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas CCS professionals have been hit hard by the COVID-19 pandemic, which has exposed their precarious living and working conditions; whereas the CCS have not fully recovered from losses incurred during the pandemic, with an enduring impact on the livelihoods of the persons working in the sectors; whereas the COVID-19 crisis underlined the fragility of pre-existing organisational structures and working practices, in particular for vulnerable professionals with precarious employment status;
Amendment 94 #
2023/2051(INL)
Motion for a resolution
Recital F
Recital F
F. whereas CCS professionals tend to have low retirement savings as a result of the atypical and sometime precarious nature of their work; whereas artists may continue practicing beyond the official retirement age;
Amendment 102 #
2023/2051(INL)
Motion for a resolution
Recital G
Recital G
G. whereas the limited collective bargaining practices in the cultural and creative sectors15 in several Member States contribute to poor job quality, low income and limited access to social protection; whereas trade unions face challenges in organizing CCS workers due to intermittent work patterns, changing work places, the combination of professional activities and in view of the higher number of self-employed professionals in the sector; _________________ 15 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 107 #
2023/2051(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas women are in a minority when it comes to holding managerial and leadership positions14a; whereas women on average earn less than their male counterparts15a and often have comparatively shorter careers, especially in the audiovisual sector, and insufficient work-life balance opportunities; _________________ 14a http://www.womarts.eu/upload/01-LI- WOMART-1-20-6.pdf , p. 34 and s. 15a https://ec.europa.eu/eurostat/databrowser/ view/EARN_GR_GPGR2__custom_63504 17/default/table?lang=en [PMMR1]PAG. 60 https://www.ilo.org/wcmsp5/groups/public /---ed_dialogue/--- sector/documents/publication/wcms_8653 23.pdf
Amendment 113 #
2023/2051(INL)
Motion for a resolution
Recital H
Recital H
H. whereas sexual harassment in the cultural and creative sectors is three times higher16 than in the average workforce; whereas women suffer disproportionally from harassment and abuse, also online; whereas this entails the risk of self- censorship, which negatively impacts the type of artistic expressions women produce, curtails their freedom of expression and their career progression; _________________ 16 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 114 #
2023/2051(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas as a result of poor working conditions, young professionals may not consider accessing the sector or abandon their careers early on, increasing the risk of a lack of a generational replacement in the cultural and creative sectors;
Amendment 116 #
2023/2051(INL)
Motion for a resolution
Recital I
Recital I
I. whereas there is no specific legal status in a number of Member States for any categories of CCS professionals; whereas a number of Member States are in the process of updating their legal framework in order to protect the rights of CCS professionals by taking into account the specificities of the cultural and creative sectors; whereas several Member States have included in their recovery and resilience plans legislative reforms to improve the working conditions of artists and cultural workers;
Amendment 124 #
2023/2051(INL)
Motion for a resolution
Recital J
Recital J
J. whereas mobility is an important element of professional artistic activity and career development and contributes to increasing income and reducing precariousness; whereas artists frequently move between Member States; whereas artistic mobility entails specific challenges, in particular in relation to social protection and taxation, which require specific measures; whereas the high level of mobility can also be conducive to undeclared work[17a];
Amendment 133 #
2023/2051(INL)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas artistic productions frequently involve not only European but also third-country CCS professionals whose mobility can be restricted by difficulties in obtaining medium-term visas;
Amendment 137 #
2023/2051(INL)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the fast pace of digital transformation, accelerated during the COVID-19 pandemic, and the increasing use of artificial intelligence (AI) tools have resulted in the displacement of workers and job losses, a loss of control over their work, while at the same time contributing to the dynamism of the sectors and their transformation;
Amendment 143 #
2023/2051(INL)
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas the Stuttgart Declaration reflects a united European vision, whereby leaders expressed their will to work together towards a common destiny and the wish to affirm European identity and to progress towards an ever closer union among its peoples; whereas the Declaration sees the role of culture as an important component to achieve this goal;
Amendment 155 #
2023/2051(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the arts, the broader cultural and creative sectors, entertainment and sports play a fundamental role in human flourishing and in Europe’s social cohesion and economy; underlines that CCS professionals are key to the process of European integration and their work contributes towards building the identity of the peoples of Europe, promoting European cultural diversity and universal dialogue; believes, therefore, that working towards the full recovery and strengthening of the sectors, as well as better terms and conditions for CCS professionals in the sector, is of paramount importance;
Amendment 160 #
2023/2051(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the responsibility of the Union, pursuant Article 167 TFEU, in contributing to the flowering of the cultures of the Member States and, pursuant Article 3 TEU, in safeguarding and enhancing Europe’s cultural heritage; considers that historically European cultural heritage has acted as a pole of attraction and influence worldwide, yet reclaiming this leading role requires significant investment in the cultural and creative sectors and policies strengthening them;
Amendment 167 #
2023/2051(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to strive to implement the 1980 UNESCO Recommendation concerning the Status of the Artists, to which they are all signatories; notes that the subsequent implementation reports of the Recommendation show that more needs to be done to comply with the recommendation; considers that changes in the last four decades, in particular those due to digitalisation, require Member States to adapt their actions continuously in order to fulfil their obligations;
Amendment 176 #
2023/2051(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the Member States that have not yet introduced a specific status for artists and other CCS professionals to do so; calls on those Member States which have an ‘artist status’ in place to monitor its adequacy and review it where necessary, with the support of the Commission, with the aim of providing access to adequate social protection complying with minimum standards in line with the Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (2019/C 387/01); calls on those Member States which have an ‘artist status’ in place to monitor its adequacy and review it where necessary in the same light, ensuring the coverage of all CCS professionals, and in particular the self-employed, and adjusting it to the new challenges brought by digitalisation and the recent health crisis; praises those Member States that have in recent years carried out such a review and adaptation;
Amendment 188 #
2023/2051(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned about the sustainability of the livelihood of CCS professionals in a number of Member States; reaffirms its position that CCS professionals within the EU should have effective access to minimum standards of social security, including employment and health insurance and pension funds according to applicable law; believes that reinforced action at Union level is needed in that regard, in particular with regard to self-employed CCS professionals;
Amendment 194 #
2023/2051(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that, in view of atypical work patterns in cultural and creative careers and the ensuing challenges, common throughout the Union, in accessing social protection for CCS professionals and in view of the high cross- border mobility of CCS professionals, a targeted legal act at Union level is needed to promote access to comprehensive and adequate social protection systems for all CCS professionals; insists on the need for preserving, accumulating and/or transferring rights across schemes to allow CCS professionals, who frequently combine or change jobs or pass between worker and self-employed status, to effectively access benefits, including unemployment benefits, in contribution- based social protection schemes and to have adequate coverage, as well as to facilitate their participation in the case of voluntary social protection schemes; affirms that the right to an appropriate and proportionate remuneration derived from copyright and related rights must be compatible with social protection systems, in particular access to contributory pension, as creative careers are not limited by age;
Amendment 214 #
2023/2051(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that ensuring smooth coordination and portability of rights across the social protection systems between Member States is important to ensure effective access to social protection for CCS professionals who show a high degree of labour mobility;
Amendment 225 #
2023/2051(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages the Member States to set up new or strengthen existing mobility information points that help CCS professionals gather all relevant sectoral information concerning their working conditions, mobility, unemployment benefits, health insurance and pension rights;
Amendment 227 #
2023/2051(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that promoting information on social security coordination rules in Europe on cross- border mobility of artists at EU level through guidelines and information desks, is necessary and useful for CCS professionals; notes, however, that even with this support, navigating the different systems in place remains challenging, in particular for the self-employed;
Amendment 229 #
2023/2051(INL)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Notes that automated information exchange through the electronic exchange of social security information (EESSI) aims to allow mobile professionals to work in Europe seamlessly; believes this tool bears great potential for CCS professionals; asks the Commission to ensure that EESSI is adapted to the specificities of work in the cultural and creative sectors; calls for testing the pilot project on a European Social Security Pass in the cultural and creative sectors, adapting and making it fit for the specificities of the sectors and the particular needs of the self-employed;
Amendment 240 #
2023/2051(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Deplores the practice of offering payment for cultural and creative work in the form of exposure;
Amendment 245 #
2023/2051(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of copyright and related rights in the cultural and creative sectors and of properly implementing them, ensuring that every type of rightholder is fairly remunerated; calls for the meaningful transposition and enforcement of the Copyright Directive (2019/790/EU), aligned with its objectives; calls on the Commission to support the Member States in ensuring an appropriate and proportionate remuneration for artists and creators for the exploitation of their work, with appropriate mechanisms and through general and sector-specific dialogues, in line with EU legislation;
Amendment 262 #
2023/2051(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned by abusive and coercive practices that may result in uthe use of various forms of ‘buy-out’ contracts which can lead to an abusive and coercive practice circumventing EU rules and principles on fair remuneration and confair contractual relationships for CCS professionals; draws attention to issueming deep power imbalances between contracting parties is concerned by the increasing use of these contracts often placed under foreign jurisdictions in certain sectors; urges the Member States to ensure that the contractual arrangements in the cultural and creative sectors arelating more specifically to ‘buy-out’ contracts; requests the Commission to assess and closely monitor the situation in that regard in full compliance with Articles 18, 19 and 20 of the Copyright Directive, to enforce the rights of authors and performers in this regard; requests the Commission to assess and closely monitor the situation in that regard; requests the Commission to assess carefully the compatibility of ‘buy-out’ provisions, as well as provisions on choice of law and jurisdiction that often elude European rules, and the need to address these and any other harmful practices imposed on creators;
Amendment 292 #
2023/2051(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. While recognising the particular working time arrangements common in the sectors, believes that safety and health in the workplace as well as work-life balance must be respected;
Amendment 295 #
2023/2051(INL)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Reiterates its call on the Member States to diversify the sources of support to the cultural and creative sectors, to refrain from financial cuts to existing funding and to increase their financial support to the sectors;
Amendment 296 #
2023/2051(INL)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Believes that public funders in the cultural and creative sectors have a responsibility to promote fair practices and calls for the integration of fair principles in their funding strategies; insists that all professional institutional engagements of CCS professionals should be fairly remunerated and job substitution through bogus volunteering should be tackled; calls on public funders at EU, national and regional level to introduce terms and conditions on the use of public funding to ensure fair remuneration and working conditions of CCS professionals, and to advance gender equality;
Amendment 299 #
2023/2051(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that Union-funded projects in the cultural and creative sectors, such as Creative Europe, must comply with a set of fair work principles and practices for collaborations in the cultural and creative sectors; asks the Commission to ensure that the next cycle of Union programmes in the cultural and creative sectors complies with such principles, in line with the European Pillar of Social Rights, including via the introduction of social conditionality, covering among others, the obligation to remunerate CCS professionals fairly for their work, including time devoted to research, rehearsals, preparation and application retroactively;
Amendment 307 #
2023/2051(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that sustainable public funding is fundamental to ensuring a healthy cultural and creative ecosystem; calls on the Commission to propose including in the European Semester a continuous review of the indicators on public spending for culture; asks the Member States to set a minimum spending target of 2 % of government public expenditure in the cultural and creative sectors;
Amendment 316 #
2023/2051(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that CCS professionals have the freedom and right to form and join trade unions and professional organisations to represent them and to participate in the formulation of cultural and employment policies; calls on the Member States to foster an effective social dialogue and guarantee the effective application of the right to collective bargaining in the cultural and creative sectors; calls on the Commission to reinforce social dialogue at Union level, ensuring that all cultural and creative sectors are represented;
Amendment 321 #
2023/2051(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that Member States’ collective bargaining coverage rates in the cultural and creative sectors vary significantly; considers that strong collective bargaining decisively contributes to ensuring adequate minimum wage protection and good working conditions; calls on the Commission and the Member States to ensure, with the involvement of social partners, an enabling environment for collective bargaining in the cultural and creative sectors; therefore, encourages the Commission and the Member States, along with social partners, to work towards reaching collective bargaining coverage of at least 80% by 2030, which should be also reflected in the cultural and creative sectors, and to review regularly progress towards reaching this target;
Amendment 331 #
2023/2051(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the publication by the Commission of the ‘Guidelines on application of Union competition law to collective agreements regarding working conditions of solo self-employed persons’, including solo self-employed authors and performers, offering greater protection to creators and freelancers in the cultural and creative sectors; calls on national competition authorities to ensure the effective application of the Guidelines; calls on the Commission to monitor the application of the Guidelines by national competition authorities in order to ensure that they are applied consistently;
Amendment 335 #
2023/2051(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the social partners, to provide tailored information to CCS professionals, especially in case of cross- border mobility;
Amendment 336 #
2023/2051(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned by the increasingly limited space devoted to artistic education and sports in national curricula in primary and secondary education; notes with concern that financial barriers often hinder access to higher education in the arts for young people coming from a disadvantaged background; calls on Member States to ensure equitable access to artistic education, in particular higher education; asks the Commission to assess potential models to compensate artistic and cultural organisations offering free access for young persons under 18 years, including in this analysis the social return on investment of early exposure to culture;
Amendment 348 #
2023/2051(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is concerned by the lack of awareness of, and information provided to, students and young graduates entering the labour market on working practices and conditions, including an understanding of worker and self-employed status; invites the Commission to collect good practices on arts in education, training and skills development, and to coordinate better access to training modules, together with professional bodies and social partners;
Amendment 353 #
2023/2051(INL)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Insists on the importance of investing in lifelong learning for CCS professionals; stresses the importance of mobility at EU level for exchanging ideas and practices, promoting intercultural collaboration and enhancing career development, including training opportunities, in the cultural and creative sectors; believes that redoubled efforts are needed to strengthen and widen opportunities for educational and professional exchange at European level making those more inclusive; highlights in this regard the importance of initiatives such as Culture Moves Europe and ArtIST; urges the Member States and the EU to better map the training needs of CCS professionals and to coordinate better their culture, education and employment policies so that these address more adequately the particular challenges of the cultural and creative sectors;
Amendment 360 #
2023/2051(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is concerned by the lack of career transition support systems in place for artists and CCS professionals in need of retraining; when it is not possible to continue with their careers; believes this is of particular importance for professionals whose practice relies on their physical capacities, such as dancers, singers and musicians, and for professionals whose jobs are put at risk by the digital transition; calls on the Member States to invest in skills development programmes, technical and vocational education, technical and vocational training systems and lifelong learning schemes, allowing those interested to develop new skills either within or outside the cultural and creative sectors;
Amendment 368 #
2023/2051(INL)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the social partners and employers to promote training and skills development; calls on the European Commission to support cooperation between skills councils where these exist and the exchange of best practices between Member States;
Amendment 376 #
2023/2051(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that the cultural and creative sectors show a very high dependence rate from clients and above average exposure to intimidation and discrimination; with 86 % of unions in the entertainment industry expressing concern about sexual harassment occurring at work or in work- related environments1a; notes that, within the entertainment sector, the live entertainment and film/television production sub-sectors are particularly affected1b; urges the Member States to investigate scrupulously the reported cases, to raise awareness and to establish guidelines on harassment prevention through education and training; _________________ 1a Policy Brief on sexual harassment in the entertainment industry, ILO, 2020 1b https://www.ilo.org/wcmsp5/groups/public /@ed_dialogue/@actrav/documents/public ation/wcms_761947.pdf
Amendment 385 #
2023/2051(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to redouble their efforts to eradicate sexual harassment in the cultural and creative sectors and to ensure a safe and healthy work place; welcomes, in that regard, the Commission proposal for a directive on combating violence against women and domestic violence, and looks forward to its swift adoption; asks the Commission and the Member States to put in place incentive mechanisms and support structures for ensuring equitable careers, particularly for women, persons from disadvantaged backgrounds and belonging to minorities, including, when appropriate, through funding mechanisms;
Amendment 389 #
2023/2051(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Reiterates its call on the Member States and social partners to promote social dialogue on addressing the gender inequality by ensuring equal pay for work of equal value as well protecting work-life balance; encourages social partners to promote the inclusion of women and youth in their leadership and among the negotiators; calls on the Member States in this regard to swiftly transpose the Pay Transparency and Work- life balance Directives;
Amendment 394 #
2023/2051(INL)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on the Member States to establish and fund independent structures where artists and CCS professionals can confidentially report unfair practices, such as abuse of power, harassment, bullying, and discrimination, obtain guidance and legal counselling;
Amendment 399 #
2023/2051(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Insists on the need to ensure freedom of artistic creation and expression throughout Europe; reiterates its call on the Commission to expand, as part of the rule of law reports, the chapter on monitoring media freedom and pluralism to cover all aspects of freedom of expression, including artistic and academic freedoms; calls on the Commission, as part of its review of the EU Democracy Action Plan implementation, to focus further, through appropriate initiatives, on promoting and defending the freedom of artists to create without censorship or intimidation;
Amendment 401 #
2023/2051(INL)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Notes that artistic freedom is closely linked to the social and economic conditions of cultural professionals and institutions; recalls the duty of Member States and the Union to protect, defend and assist CCS professionals in upholding their freedom of creation and expression; calls on the Member States to develop guidelines for protecting the artistic freedom as an EU value;
Amendment 406 #
2023/2051(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Is concerned by the effects of increasing automation resulting from the use of machine learning, robotics and other data-based technologies such as assisted content production, artificial voiceover, speech-to-text translation, as well as automated metadata extraction and the spread of powerful generative AI systems to generate content, which pose a particular challenge to artists and other CCS professionals at risk of losing their jobs or, their remuneration rights, control over their work, or of suffering from deteriorating working conditions; calls on the Commission to develop a proactive strategic approach at Union level to anticipate the effects on jobs; highlights that automation may also contribute to job creation in the cultural and creative sectors, especially when implemented in human-centric way; therefore calls on the Commission to develop a proactive strategic approach at Union level to anticipate the effects on jobs, working methods, workers’ conditions, upskilling, reskilling and workforce needs resulting from the use of these new technologies; calls on the Commission and the Member States to develop, as part of this strategic approach, adapted training, hiring and education action plans, including AI literacy, for the cultural and creative sectors;
Amendment 413 #
2023/2051(INL)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls more specifically for social dialogue and consultations with the cultural and creative sectors to ensure cultural diversity, non-discrimination and fairness in AI systems, and best use of digital technologies at large to support decent working conditions of CCS professionals, the enjoyment of their rights and in particular the right to fair, appropriate and proportionate remuneration;
Amendment 418 #
2023/2051(INL)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its call on the Commission to assess the challenges posed by AI-generated content on the cultural and creative sectors, as well as the impact of the research and development of AI and related technologies on the cultural and creative sectors; in particular with regard to authorship and fair remuneration of authors and performers; calls on the Commission to evaluate the extent to which the European General Data Protection Regulation can provide fast and effective safeguards against the unauthorized scraping of personal data by AI systems and whether existing text and data mining exceptions are adequately balanced to meet the three-step test also in the context of generative AI;
Amendment 433 #
2023/2051(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises the importance of Union-wide contests and initiatives showcasing the richness and diversity of European culture and contributing to a European sense of belonging and emotional identity; calls on the Commission to review and further strengthen contests or initiatives organised exclusively within the Union, as well as promote and facilitate new contests and initiatives, such as a yearly EU online video game award at the Parliament, an EU Top Star league for professional football and other sports and a singing contest between Member States to promote EU culture;
Amendment 436 #
2023/2051(INL)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Commission to develop a European sports model with a strong commitment to the principles of solidarity, sustainability, inclusiveness for all, open competition, and fairness, with a clear distinction being made between professional and amateur sports; calls for increased solidarity and financial redistribution, through the implementation of a solidarity mechanism based on a fair and binding distribution method that ensures the adequate funding of amateur and grassroots sport; calls on the Commission to publish a white paper on the status of European professional sport, in particular European football;
Amendment 437 #
2023/2051(INL)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Reiterates the need to ensure the sustainable financial stability and sound management of sports clubs and calls on sporting bodies to introduce mechanisms to this end, where they do not already exist, alongside a proper enforcement system
Amendment 438 #
2023/2051(INL)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Recalls the need for the Commission to develop recommendations for guidelines for the organisation of sport and its governing bodies in the EU; calls on the EU institutions to promote and protect the fundamental rights of athletes, including athlete representation in decision-making, freedom of association, collective bargaining and non-discrimination; build on its existing work on social dialogue and to extend its scope to all professional sports;
Amendment 441 #
2023/2051(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Requests that the Commission submit, on the basis of Article 153(2), point (a), and Article 352 of the Treaty on the Functioning of the European Union, one or more proposals for a decision establishing a comprehensive Union framework for collecting and publishing appropriate data and for encouraging cooperation and the exchange of best practices between Member States with a view to formulating quality standards and reviewing relevant developments as regards the status, living and working conditions, including fair remuneration, access to social security and social protection, representation and collective defence in areas relevant to the living and working conditions of artists and other CCS professionals, covering both workers and the self-employed, with the full participation of the social partners, following the recommendations set out in the Annex hereto; calls on the Commission and the Member States to ensure that this framework contributes to the elimination of all forms of discrimination and of gender-based violence in the cultural and creative sectors, and promotes gender equality and artistic freedom;
Amendment 445 #
2023/2051(INL)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls for the inclusion of culture within the European Semester, under the Semester’s education and training monitoring, of the working and living conditions in the cultural and creative sectors in the ongoing economic and social policy coordination and monitoring;
Amendment 450 #
2023/2051(INL)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Reiterates its call on the Commission to update the New Agenda for Culture and include the improvement of CCS professionals’ living and working conditions as a priority area; asks the Commission to include in its political priorities for 2024-2029 the improvement of working and living conditions and fair remuneration in the cultural and creative sectors;
Amendment 452 #
2023/2051(INL)
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29c. Calls on the Member States to increase the level of ambition for the key priority ‘Artists and cultural professionals: empowering the CCS’ in the Council Work Plan for Culture 2023- 2026, with more ambitious actions and target outputs focusing on the status and working conditions of artists and other CCS professionals;
Amendment 453 #
2023/2051(INL)
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29d. Asks the Commission and the Member States to regularly collect and publish comprehensive and comparable data, disaggregated by gender, age, disability, company size and sector as far as available, on the social and professional situation of artists and other CCS professionals in the EU, covering both workers and the self-employed, including on their status, working conditions, including fair remuneration, access to social security and social protection, representation and collective defence, their exposure to forms of discrimination and gender-based violence, as well as gender equality and artistic freedom;
Amendment 454 #
2023/2051(INL)
Motion for a resolution
Paragraph 29 e (new)
Paragraph 29 e (new)
Amendment 455 #
2023/2051(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that any financial implications of the requested proposals should be covered by existing budgetary allocations; stresses that, given the significance of the cultural and creative sectors for the EU and Member States’ economies, the adoption and implementation of the proposal would lead to substantial financial and efficiency gains, and will thus be beneficial both in economic and social terms, [as clearly pointed out in the European Added Value Assessment report];
Amendment 458 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 1 – paragraph 1
Annex I – Recommendation 1 – paragraph 1
The objective of the proposals is to establish a Union framework on the social and professional situation of artists and other professionals in the cultural and creative sectors (‘CCS professionals’) (the ‘Framework’). The Framework should comprise one or more decisions setting up a mechanism for structured cooperation and the exchange of best practices between Member States with a view to formulating quality standards and reviewing relevant developments in areas relevant to the living and working conditions of CCS professionals. This mechanism should include close consultation and involvement of social partners at national and European level
Amendment 513 #
2023/2051(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 8
Annex I – Recommendation 4 – paragraph 1 – indent 8
- to raise awareness on the relevant problems and available solutions among CCS professionals, trade unions and other workers’ representatives organisations, and relevant Member State authorities.
Amendment 5 #
2023/2019(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas citizens living in border regions and linguistic minorities are often prevented from accessing audiovisual content in their native languages due to geo-blocking, which hinders their access to and enjoyment of cultural content; whereas the ‘Minority SafePack’ European Citizens’ Initiative proposed an amendment with the effect of ensuring freedom of service and freedom of reception of audiovisual content in those regions where the minorities live;
Amendment 8 #
2023/2019(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the European Parliament in its resolution of 13 November 2018 on minimum standards for minorities in the EU has called the Commission and Member States to take into account national and ethnic minorities when licensing media services and already encouraged the Commission to create the legal and regulatory conditions to ensure freedom of service, passage and reception of audiovisual content in regions where minorities live;
Amendment 18 #
2023/2019(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Amendment 20 #
2023/2019(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the European Parliament in its resolution of 17 February 2022 on tackling non-tariff and non-tax barriers in the single market recalled that despite the Geo-blocking Regulation certain obstacles persist, particularly in the provision of audiovisual services and content, and that this manifests itself in reduced consumer confidence in cross- border online shopping within the Digital Single Market;
Amendment 33 #
2023/2019(INI)
Draft opinion
Recital E
Recital E
E. whereas Parliament called for these issues to be addressed in its resolution of 13 November 2018 on minimum standards for minorities in the EU has called the Commission and Member States to take into account national and ethnic minorities when licensing media services and already encouraged the Commission to create the legal and regulatory conditions to ensure freedom of service, passage and reception of audiovisual content in regions where minorities in the EUlive; whereas the ‘Minority SafePack’ European Citizens’ Initiative proposed an amendment with the effect of ensuring freedom of service and freedom of reception of audiovisual content in those regions where the minorities live and called for these issues to be addressed through the development of a unitary European copyright that will lead to the abolition of licensing barriers within the Union;
Amendment 42 #
2023/2019(INI)
Draft opinion
Recital F
Recital F
F. whereas the Commission organised within the framework of the Media Audiovisual Action Plan a stakeholder dialogue to find solutions for these issues, but no significant agreements were reached and the proposals put forward would not adequately address the geo-blocking of digital media content for minorities in the EU;
Amendment 50 #
2023/2019(INI)
Draft opinion
Recital G
Recital G
G. whereas piracy in order to access content can be put in relation with the persistent barriers to accessing to digital media content, such as price, fragmentation, geo- blocking and the unavailability of dubbing or subtitles force citizens to resort to piracy in order to access content;
Amendment 70 #
2023/2019(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and the Member States to ensure that, in order to improve cross-border access to and availability of audiovisual content in the EU for linguistic minorities, audiovisual content licences are geographically extended to the nationally defined territory of the recognized linguistic minority of the neighbouring country, in which the same language is spoken, without calling into question the territoriality principle in general;
Amendment 100 #
2023/2019(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on the Commission to rapidly create the legal and regulatory conditions to ensure freedom of service, dissemination and reception of digital media content in regions where minorities live, so that they can watch and listen to content in their mother tongue, without geo-blocking of this content if it is broadcast or provided from another country;
Amendment 101 #
2023/2019(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission and the Member States to ensure that, in order to improve cross-border access to and availability of audiovisual content in the EU for linguistic minorities, audiovisual content licences are geographically extended to the nationally defined territory of the recognized linguistic minority of the neighbouring country, in which the same language is spoken, without calling into question the territoriality principle in general;
Amendment 125 #
2023/2019(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the Commission should also present the results of the analysis for the potential extension of the Regulation to transport, financial, telecommunication and health services; calls on the Commission to take the necessary steps to end the blocking of services provided by mobile network operators in border regions in the EU;
Amendment 34 #
2023/0393(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Member States should take all the necessary steps to avoid any risk of forgery or fraud, whether individual or systemic, when issuing the European Disability Card or the European Parking Card for persons with disabilities who are third country nationals legally residing in the territory of a Member State and should actively combat fraudulent issuance, use and forgery of these cards and exchange information on such cases to ensure mutual trust between Member States as the mutual recognition of disability status is the cornerstone of the European Disability Card. Member States should ensure that any measures taken to combat forgery or fraud take into account the rights of persons with disabilities and should not result in any interference with their legitimate interests in using either card or lead in any way to their stigmatisation. Member States should assess the impact of any measures on persons with disabilities and consult them and their representative organisations in the design and implementation of the measures.
Amendment 38 #
2023/0376(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The complexity of consumer disputes has evolved significantly since the adoption of Directive 2011/13/EU. Digitialisation of goods and services, the growing importance of e-commerce and digital advertising in the formation of consumer contracts has resulted in a rise in the number of consumers being exposed to misleading online information and manipulative interfaces preventing them from making informed purchasing decisions. It is, therefore, necessary to clarify that contractual disputes arising from the sale of goods or services include digital content and digital services, and to extend the scope of Directive 2011/13/EU, beyond such disputes so that consumers are also able to seek redress for practices harming them at a pre-contractual stage, irrespective of whetherprovided they later become bound by a contract.
Amendment 40 #
2023/0376(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) Member States should take note of the Commission Recommendation of 17 October 2023 on quality requirements for dispute resolution procedures offered by online marketplaces and Union trade associations. The Commission should complement this Directive with a Regulation on quality requirements for dispute resolution procedures offered by online marketplaces and Union trade associations.
Amendment 42 #
2023/0376(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Moreover, Directive 2011/13/EU should also cover consumer rights arising from Union legislation which governs relationships between consumers and traders when there is no relationship of a contractual nature, with respect to the right to access and to pay for goods and services without undergoing discrimination based on nationality, place of residence or of establishment, as provided for in Articles 4 and 5 of Regulation (EU) 2018/302 of the European Parliament and of the Council3 or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union; the right to open and switch bank accounts as provided for in Articles 9, 10, 11, and 16 of Directive 2014/92/EU of the European Parliament and of the Council4 and to not be discriminated against as provided for in Article 15 of that Directive; the right to receive transparent information on retail conditions for roaming calls and SMS messages as provided for in Articles 13, 14 and 15 of Regulation (EU) 2022/612 of the European Parliament and of the Council5, the right to price transparency in air fares and rates as provided for in Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council6. Therefore, it should be provided that disputes arising in relation to such categories of consumer rights can be dealt with in ADR procedures. __________________ 3 Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 60I, 2.3.2018, p. 1). 4 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 feature (OJ L257, 28.8.2014, p. 214). 5 Regulation (EU) 2022/612 of the European Parliament and of the Council of 6 April 2022 on roaming on public mobile communications networks within the Union (OJ L 115, 13.4.2022, p. 1). 6 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).
Amendment 45 #
2023/0376(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The Member State in which the consumer resides should facilitate access to ADR procedures in cross-border disputes. Only when proven necessary, should the Member State in which the trader is established facilitate access to ADR procedures. It should not be possible to access ADR procedures in a Member State in which neither the consumer resides or the trader is established.
Amendment 46 #
2023/0376(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Member States should ensure that ADR should enable consumer to initiate and follow ADR procedures also offline if requested. It should also be ensured that when digital tools are provided, those can be used by all consumers, including vulnerable consumers or those with varying levels of digital literacy. Members States should ensure that, upon request, parties to the disputes always have access to a review of automated procedures by a natural person, who should be independent and impartial.
Amendment 54 #
2023/0376(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Under Directive 2013/11/EU, Member States may introduce national legislation to make trader participation in ADR compulsory in sectors they deem fit, in addition to sector-specific Union legislation which provides for mandatory participation of traders in ADR. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders should be required, especially in cases where their participation is not compulsory, to respond within a specific period20 working days to enquiries made by ADR entities on whether they intend to participate to the proposed procedure.
Amendment 58 #
2023/0376(COD)
Proposal for a directive
Recital 15
Recital 15
(15) To provide effective assistance to consumers and traders in cross-border disputes, it is necessary to ensure that Member States establish ADR contact points with clearly defined tasks. European Consumer Centres (“ECCs”) are well placed to perform such tasks, as they are specialised in assisting consumers with issues with their cross-border purchases, but Member States should also be able to choose other bodies with relevant expertise. Those designated ADR contact points should be communicated to the Commission. Consumers should be entitled to carry out a cross-border ADR procedure in an official language of the Member State that they are resident in.
Amendment 63 #
2023/0376(COD)
Proposal for a directive
Recital 17
Recital 17
(17) To ensure that consumers are able to easily find a suitable ADR entity, especially in a cross-border context, the Commission should develop and maintain a digital interactive tool that provides information about ADR entities’ main characteristics, practical information about how to avail of ADR procedures in a cross-border context and links to the webpages of the ADR entities, as notified to it.
Amendment 73 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2013/11/EU
Article 2 – paragraph 1 – subparagraph 1 – point b – point iii
Article 2 – paragraph 1 – subparagraph 1 – point b – point iii
(iii) non-discrimination on the basis of nationality or place of residence or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union,
Amendment 86 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2013/11/EU
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall facilitate access by consumers to ADR procedures and shall ensure that disputes covered by this Directive and which involve a trader established on their respective territories, or a trader not established in the territory of any Member State but offering goods or services, including digital content and digital services, to consumers residing in their respective territories, can be submitted to an ADR entity which complies with the requirements set out in this Directive.; Member States may facilitate access by self-employed or micro enterprises to ADR procedures.
Amendment 88 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – introductory part
Article 1 – paragraph 1 – point 3 – point b – introductory part
Directive 2013/11/EU
Article 5 – paragraph 2
Article 5 – paragraph 2
(b) in paragraph 2, points (a) to (d) are replaced by the followingthe following points are added:
Amendment 89 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2013/11/EU
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
Amendment 92 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2013/11/EU
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) grant the right to the parties to the dispute to request that the outcome of the ADR procedure be reviewed by a natural person, who shall be independent and impartial, when the procedure was carried out by automated means;
Amendment 104 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2013/11/EU
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Member States shall ensure that ADR entities make publicly available on their websites, on a durable medium upon request, and by any other means they consider appropriate, biennial activity reports.
Amendment 107 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2013/11/EU
Article 8
Article 8
Amendment 110 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14
Article 14
1a. Member States shall ensure that consumers can carry out cross-border ADR procedures in an official language of the Member State that they are resident in. For this purpose, Member States may ensure that provide appropriate supports are provided to ADR entities, in particular interpretation support tools.
Amendment 113 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14
Article 14
3. The ADR contact points shall facilitate communication between the parties and the competent ADR entity, which mayshall include, in particular at least one of following:
Amendment 114 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14 – paragraph 3 – point (a a) (new)
Article 14 – paragraph 3 – point (a a) (new)
(aa) assisting the parties and ADR entities, where necessary, with the translation of information, documentation or procedural rules;
Amendment 116 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/11/EU
Article 14 – paragraph 3 – point (b a) (new)
Article 14 – paragraph 3 – point (b a) (new)
(ba) providing the parties and ADR entities with relevant information on the consumer protection law of the Member State;
Amendment 118 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2013/11/EU
Article 15 paragraph 2
Article 15 paragraph 2
Amendment 124 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/11/EU
Article 20 – paragraph 8
Article 20 – paragraph 8
8. The Commission shall develop and maintain a digital interactive tool that provides general information on consumer redress, practical information about how to avail of ADR procedures in a cross- border context and links to the webpages of the ADR entities notified to it in accordance with paragraph 2 of this Article..
Amendment 125 #
2023/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Directive 2013/11/EU
Article 21
Article 21
Amendment 6 #
2023/0375(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) No 524/2013 is repealed with effect [insert date sixthree months after the date of entry into force of this Regulation].
Amendment 7 #
2023/0375(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The submission of complaints shall be discontinued on [insert date [two months after the date of entry into force of this Regulation/ fourthree months before the repeal of this Regulation].
Amendment 8 #
2023/0375(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall inform users of the platform with open ADR cases of the discontinuance of the platform by [insert date twoone months after the date of entry into force of this Regulation/fourthree months before the repeal of this Regulation] and offer assistance to retrieve case data accessible to them if they wish to do so.
Amendment 9 #
2023/0375(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. At the latest as of [dd/mm/yy, i.e. sixthree months after the date of entry into force of this Regulation] all information including personal data related to the disputes in the ODR platform shall be deleted.
Amendment 34 #
2023/0323(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Provisions should be laid down to prevent late payments in commercial transactions, consisting in the delivery of goods or supply of services for remuneration, irrespective of whether they are carried out between undertakings or between undertakings and contracting authorities/entities, where the latter are the debtor, given these contracting authorities/entities handle a considerable volume of payments to undertakings. Transactions between large undertakings should be excluded from these provisions.
Amendment 46 #
2023/0323(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. A decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late payment. Consequently, contractual payment periods should be limited to 30 calendar days both in B2B transactions, where the large undertaking is the debtor, and G2B transactions, where the public authority is the debtor.
Amendment 49 #
2023/0323(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Contractual payment periods could be extended up to 60 calendar days in B2B transactions, where the large undertaking is not the debtor and when this is expressly agreed by the creditor and the debtor in the contract, it is not grossly unfair to the creditor and the enforcement authority is notified.
Amendment 59 #
2023/0323(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 66 #
2023/0323(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) It should not be possible for the creditor to waive its right to obtain interests for late payments where the public authority or a large undertaking is the debtor, or when it is grossly unfair to the creditor, as interests for late payments have a double function: to offset part of the damage suffered by the creditor, because of the delay, and to sanction the debtor for the breach of contract. To facilitate receipt of interest and compensation in case of late payment by the creditor, the right for the creditor to obtain them should be automatic, except when the payment delay is evidently not due to the debtor’s fault.
Amendment 69 #
2023/0323(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Abuse of freedom of contract to the disadvantage of the creditor should be avoided. As a result, where a clause in a contract or a practice relating to the date or term of payment, the payment or rate of interest for late payment, the compensation for recovery costs, extending the duration the procedure of verification or acceptance or intentionally delaying or preventing the moment of sending the invoiceassigning credit to a third party is not in conformity with this Regulation, it should be null and void.
Amendment 73 #
2023/0323(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) To guarantee full payment of the amount due, it is important to ensure that the seller retains the title to goods until they are fully paid for, if a retention of title, such as consignment, has been expressly agreed between the buyer and the seller before the delivery of the goods.
Amendment 80 #
2023/0323(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) To facilitate and ensure compliance with this Regulation, Member States should designate authorities responsible for its enforcement, which perform their duties and tasks in an objective and fair manner and ensure equal treatment of private undertakings and public authorities. Those enforcement authorities should carry out investigations on their own initiative, act on complaints or notifications, and be empowered, among other things, to impose sanctions and publish their decisions on a regular basis. In addition, for more effective enforcement, Member States should use digital tools to the extent possible.
Amendment 86 #
2023/0323(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Effective access of undertakings, especially of SMEs, to credit management, including financing services, and financial literacy training can have a significant impact in reducing payment delays, maintaining optimal cash flows, reducing the risk of default and increasing the potential for growth. Nevertheless, SMEs often lack the capacity to invest in such training, while very limited trainings and training material focusing on enhancing SMEs’ knowledge of credit and invoice management are currently available. It is therefore appropriate to provide that Member States need to ensure that credit management and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments and financing services.
Amendment 98 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation shall not apply to transactions between large undertakings.
Amendment 116 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘large undertaking’ means an undertaking as defined in Article 3(4) of Directive 2013/34/EU;
Amendment 118 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) ‘small and medium-sized enterprise’ or ‘SME’ means a micro, small or a medium-sized enterprise, irrespective of its legal form, that is not part of a large group, as those terms are defined in Article 3(1), (2), (3) and (7) of Directive 2013/34/EU;
Amendment 129 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘creditor‘ means any natural or legal person or any public authority that delivered goods to a debtor or provided services to a debtor.
Amendment 161 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. By way of derogation from paragraph 1, in commercial transactions, the payment period may be extended up to 60 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. This period shall only apply where: (a) this is expressly agreed by the creditor and the debtor in the contract; (b) it is not grossly unfair to the creditor; (c) the enforcement authority is notified. This derogation shall not apply to the transactions between public authorities and undertakings and between large undertakings and SMEs, where the large undertaking is the debtor.
Amendment 208 #
2023/0323(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 228 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. In case of late payment, the debtor shall be liable to pay interest for late payment, except where the debtor is evidently not responsible for the payment delay.
Amendment 231 #
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 satisfiedmet:
Amendment 240 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. It shall not be possible for the creditor to waive its right to obtain interest for late payment in the following cases: (a) the public authority is the debtor; (b) a large undertaking is the debtor; (c) it is grossly unfair to the creditor.
Amendment 245 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. Where the conditions set out in paragraph 2 are satisfiedmet, interest for late payment shall start accruing from the last one of the following events:
Amendment 253 #
2023/0323(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The currency of the Member State in which the creditor is established shall be the currency to calculate the interest for late payment, unless otherwise set out in the contract.
Amendment 255 #
2023/0323(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Where payment is done on the basis of schedules providing for instalments, and any of the instalments is not paid by the agreed date, interest for late payment referred to in Article 5, shall be calculated on the basis of anythe overdue amount. Compensation shall also be paid in accordance with Article 8.
Amendment 260 #
2023/0323(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The flat fee compensation referred to in paragraph 1 shall be payable by the debtor to the creditor as a compensation for the creditor’s own recovery costs, without the necessity of a reminder.
Amendment 262 #
2023/0323(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. It shall not be possible for the creditor to waive its right to obtain the flat fee compensation laid down in paragraph 1the following cases: (a) the public authority is the debtor; (b) a large undertaking is the debtor; (c) it is grossly unfair to the creditor.
Amendment 272 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 276 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) excluding or limiting the right of the creditor to assign credit to a third party.
Amendment 299 #
2023/0323(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Creditors shall obtain an enforceable title, including through an expedited procedure and irrespective of the amount of debt, within 930 calendar days of the lodging of the action or application at the court or other competent authority, provided that the debt and the procedure are not disputed.
Amendment 322 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Enforcement authorities shall provide for a free, accessible and time efficient notification procedure as required in Article 3(1a).
Amendment 336 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. This Article shall be without prejudice to the provisions of Regulation (EC) 805/2004, (EC) 1896/2006, (EC) 861/2007 and (EU) 1215/2012. Member States shall ensure that the total cost of judicial claims related to late payment is in proportion to the claims and reasonable.
Amendment 345 #
2023/0323(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the power to initiate and conduct investigations on their own initiative or based on a complaint, based on a complaint, or based on a notification as required in Article 3(1a);
Amendment 353 #
2023/0323(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall, [by …/without delay], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 362 #
2023/0323(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the complainant so requests, tThe enforcement authority shall take the necessary measures for the appropriate protection of the identity of the complainant. The complainant shall identify any information for which it requests confidentiality.
Amendment 365 #
2023/0323(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. The enforcement authority shall provide the option to the complainant to address complaints anonymously.
Amendment 367 #
2023/0323(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The enforcement authority that receives the complaint shall inform the complainant within a reasonable period of time30 days after the receipt of the complaint of how it intends to follow up on the complaint.
Amendment 369 #
2023/0323(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Where an enforcement authority considers that there are insufficient grounds for acting on a complaint, it shall inform the complainant of the reasons of its decision within a reasonable period of time90 days after the receipt of the complaint.
Amendment 371 #
2023/0323(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Where an enforcement authority considers that there are sufficient grounds for acting on a complaint, it shall initiate, conduct and conclude an investigation of the complaint within a reasonable period of time90 days.
Amendment 373 #
2023/0323(COD)
Proposal for a regulation
Article 15 – paragraph 7 a (new)
Article 15 – paragraph 7 a (new)
7a. The Commission shall make available a standard EU complaint form, which the enforcement authority of the Member State shall provide to the complainant.
Amendment 380 #
2023/0323(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. To the extent possible, Member States shall use digital tools for effective enforcement of this Regulation.
Amendment 383 #
2023/0323(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that credit management tools, including financing services, and financial literacy trainings are available and accessible to small and medium sized enterprises, including on the use of digital tools for timely payments.
Amendment 390 #
Amendment 393 #
2023/0323(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
By [OP: please insert the date = 4 years after the entry into force of this Regulation], the Commission shall submit a report on the implementation of this Regulation to the European Parliament and the Council.
Amendment 396 #
2023/0323(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
2. By [OP – please insert the date – 4 years after the date of application of this Regulation], the Commission shall submit an evaluation of the impact of this Regulation and shall submit a report to the European Parliament and to the Council. The evaluation shall assess at least: (a) the impact of the measures implemented, in particular regarding the payment periods as laid down in Article 3; (b) the effectiveness of the enforcement authorities as laid down in Articles 14, 15 and 16; (c) the impact of the scope as laid down in Article 1; (d) the possibilities to bring the total costs of judicial claims related to late payment in proportion to the claims as laid down in Article 13(5a); (e) the effectiveness and possibilities to make electronic invoicing mandatory. Member States shall provide the Commission with the necessary information for the preparation of that report, including information regarding the investigations, inspections, decisions, proceedings and publications of the enforcement authorities referred to in Article 14(1). The report shall include an evaluation of the impact of the EU Observatory of Payments in Commercial Transactions (EU Payment Observatory). The report shall be accompanied by a legislative proposal, if necessary and appropriate.
Amendment 401 #
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 70 #
2023/0311(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons (Text with EEA relevance)
Amendment 74 #
2023/0311(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) In Article 25 of the Charter, the Union recognises and respects the right of older persons to lead a dignified and independent life and to participate in social and cultural life.
Amendment 90 #
2023/0311(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Persons with disabilities and older persons may apply to competent authorities in the Member State in which they reside for the recognition of disability or elderly status as this is a matter within their competence. Each Member State and its respective competent authorities have a disability assessment procedure which differs from Member State to Member State. Where the competent authorities recognise the disability or elderly status of an applicant, they issue a disability certificate, a disability card, elderly card or other formal document recognising the applicant’s disability or elderly status.
Amendment 93 #
2023/0311(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Due to the lack of recognition of disability or elderly status between Member States, persons with disabilities and older persons may face specific difficulties when exercising their fundamental rights of free movement.
Amendment 97 #
2023/0311(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Persons with disabilities and older persons moving for longer periods to other Member States for employment, study , living or staying in other Member States for other purposes, except where otherwise provided by law or agreed among Member States, may have their disability or elderly status assessed and formally recognised by the competent authorities in the other Member State and may receive a disability certificate, a disability card, elderly card, or any other formal document recognising their disability or elderly status in accordance with applicable rules of that Member State.
Amendment 100 #
2023/0311(COD)
Proposal for a directive
Recital 12
Recital 12
(12) However, persons with recognised disability status and older persons travelling to or visiting for a short period of time a Member States other than the Member State in which they reside, may encounter significant difficulties, if their disability or elderly status is not recognised in the Member State they travel to or visit and if they do not hold a certificate, disability card, elderly card, or any other formal document recognising their disability or elderly status in the host Member State, in order to benefit from special conditions and/or preferential treatment offered there.
Amendment 102 #
2023/0311(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In this case, persons with disabilities and older persons travelling to or visiting another Member State are put at a disadvantage when exercising their free movement rights as compared to persons with disabilities and older persons holding a disability certificate, a disability card, elderly card or any other formal document recognising their disability status in the Member State they travel to or visit.
Amendment 107 #
2023/0311(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Furthermore, not knowing whether and, if so, to what extent their disability or elderly status and formal documents recognising this status may be recognised when travelling to or visiting another Member State, creates uncertainty for them. Ultimately, persons with disabilities and older persons may be deterred from exercising their rights of free movement.
Amendment 113 #
2023/0311(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Alongside physical and other barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities and older persons from travel48 , because they have specific needs and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, making their travel costs higher than for persons without disabilities and older persons49 . The lack of recognition of disability or elderly status in other Member States might limit their access to special conditions, such as free access or reduced tariffs, or preferential treatment and has an impact on their travel costs, lives and choices. _________________ 48 Findings from Final Report based on Survey targeted at EU-level CSOs; Shaw and Coles, ‘Disability, holiday making and the tourism industry in the UK: a preliminary survey’, 25(3) Tourism Management (2004) 397-403; Eugénia Lima Devile and Andreia Antunes Moura (2021), Travel by People With Physical Disabilities: Constraints and Influences in the Decision-Making Process. 49 McKercher and Darcy (2018), Re- conceptualizing barriers to travel by people with disabilities, Tourism Management Perspectives, 59-66. [More for Explanatory Memorandum?]
Amendment 117 #
2023/0311(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Preferential treatment (such as personal assistance, priority access, etc.) offered with or without remuneration may be important for persons with disabilities and older persons to be able to access various services, activities or facilities and to better experience them. However, due to the lack of recognition, in the Member State they visit or travel to, of their disability or elderly status and of formal documents recognising this status issued in other Member States, persons with disabilities and older persons may not be able to benefit from the special conditions or preferential treatment offered by private operators or public authorities in that Member State to holders of a disability certificate, disability card, elderly card or any other formal document recognising their disability status issued there.
Amendment 122 #
2023/0311(COD)
Proposal for a directive
Recital 18
Recital 18
(18) On the basis of their disability or elderly status, persons with disabilities and older persons may apply for a parking card to competent authorities in the Member State in which they reside for the issuance of a parking card for person with disabilities and older persons which recognises the right to certain parking conditions and facilities reserved for persons with disabilities. Each Member State has in place an application procedure, be it at local, regional or national level, to obtain a parking card for person with disabilities and older persons (or person(s) accompanying or assisting them including personal assistant(s)) and criteria which must be fulfilled in order to be eligible.
Amendment 125 #
2023/0311(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Council Recommendation 98/376/EC51 has provided for a European model of a parking card for persons with disabilities, which has facilitated the recognition of the parking card across Member States. However, its implementation and the inclusion of national specific additions or deviations from the recommended model have led to a variety of different cards. This hinders the cross-border recognition of the cards across Member States, hampering the access of persons with disabilities and older persons to parking conditions provided and facilities reserved for persons with disabilities and older persons who are holders of a parking card in other Member States. Moreover, the Council Recommendation has not been updated to reflect ongoing technological and digitalisation developments. Member States also experience problems with fraud and forgery of the cards, as the format is usually quite simple and easily forged and in practice different in each Member States, which makes it difficult to verify. _________________ 51 Council Recommendation of 4 June 1998 on a parking card for people with disabilities (OJ L 167, 12.6.1998, p. 25), as adapted by Council Recommendation of 3 March 2008 by reason of accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic OJ L 63/43,7.3.2008.
Amendment 126 #
2023/0311(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to facilitate the access by persons with disabilities and older persons to special conditions or preferential treatment related to services, activities and facilities, including when provided not for remuneration, in other Member States, remaining barriers and difficulties in travelling to or visiting another Member State due to the lack of recognition of their disability or elderly status and of formal documents recognising this status issued in other Member States and parking rights should be removed.
Amendment 127 #
2023/0311(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Therefore, in view of facilitating the exercise by persons with disabilities and older persons when travelling to or visiting another Member State for a short period, of the rights to access special conditions or preferential treatment offered by private operators or public authorities without discrimination on grounds of nationality on the same basis as persons with disabilities and older persons in that Member State, and in view of facilitating the use of transport and benefiting from parking conditions and facilities reserved for persons with disabilities and older persons on the same basis as in that Member State, it is necessary to establish the framework, rules and common conditions, including a common standardised model, for a European Disability and Elderly Card as proof of recognised disability or elderly status and for a European Parking Card for persons with disabilities and older persons, as proof of their recognised right to parking conditions and facilities reserved for persons with disabilities and older persons.
Amendment 129 #
2023/0311(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Mutual recognition of the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons should facilitate and guarantee persons with recognised disability or elderly status in a Member State, access to special conditions or preferential treatment offered by private operators or public authorities in a variety of services, activities and facilities, including when not provided for remuneration, as well as access to parking conditions and facilities reserved for persons with disabilities and older persons, on equal terms and conditions as those provided for on the basis of national certificates, disability and eldery cards or other formal documents recognising disability status and parking cards for persons with disabilities and older persons issued by the competent authorities in the host country.
Amendment 130 #
2023/0311(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Mutual recognition of the European Disability Card and the European Parking Card for persons with disabilities should facilitate and guarantee persons with recognised disability status in a Member State, access to special conditions or preferential treatment offered by private operators or public authorities (including hospitals, health care institutions and emergency services) in a variety of services, activities and facilities, including when not provided for remuneration, as well as access to parking conditions and facilities reserved for persons with disabilities, on equal terms and conditions as those provided for on the basis of national certificates, disability cards or other formal documents recognising disability status and parking cards for persons with disabilities issued by the competent authorities in the host country.
Amendment 136 #
2023/0311(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Examples of special conditions or preferential treatment include free access, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels, priority access, designated seats in parks and other public areas, accessible seating in cultural or public events, personal assistance, assistance animals, assistance on the beach to enter the water, support (such as access to braille, audio guides, sign language interpretation), provisions of aids or assistance, loan of a wheelchair, loan of a floating wheelchair, obtaining tourist information in accessible formats, using a mobility scooter on roads or a wheelchair in bike lanes without a fine, etc. Parking conditions and facilities include extended parking or reserved parking spaces. With respect to passenger transport services, in addition to the special conditions or preferential treatment offered to persons with disabilities, in accordance with national legislation or practices, assistance animals, personal assistants or other persons accompanying or assisting persons with disabilities (or reduced mobility) may travel free of charge or be seated, where practicable next to the person with disabilities. Persons accompanying or assisting persons with disabilities are designated by the persons with disabilities themselves and can change on an ad hoc basis depending on their needs.
Amendment 137 #
2023/0311(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Examples of special conditions or preferential treatment include free access, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels, priority access, designated seats in parks and other public areas, accessible seating in cultural or public events, personal assistance, assistance animals, assistance on the beach to enter the water, support (such as access to braille, audio guides, sign language interpretation), provisions of aids or assistance, loan of a wheelchair, loan of a floating wheelchair, obtaining tourist information in accessible formats, using a mobility scooter on roads or a wheelchair in bike lanes without a fine, etc. Parking conditions and facilities include extended parking or reserved parking spaces. With respect to passenger transport services, in addition to the special conditions or preferential treatment offered to persons with disabilities and older persons, in accordance with national legislation or practices, assistance animals, personal assistants or other persons accompanying or assisting persons with disabilities and older persons (or reduced mobility) may travel free of charge or be seated, where practicable next to the person with disabilities and older persons.
Amendment 139 #
2023/0311(COD)
Proposal for a directive
Recital 25
Recital 25
(25) The issuance of the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons in a Member State is to be determined by this Directive together with that Member State’s applicable procedures and competences for the assessment and recognition of disability status and parking rights for persons with disabilities and older persons.
Amendment 145 #
2023/0311(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In addition to the physical format, Member States should provide for a digital card when format and specifications have been set via delegated and implementing acts, after proposal by the Commission. Such proposal should build on the experience of past and ongoing work at European level on digitalisation of certificates and documents, such as the EU Digital COVID Certificate set up under Regulation (EU) 2021/953 and enable the use of the European Disability and Elderly Card and the European Parking Card via EU Digital Identity Wallets52 . Persons with disabilities and older persons should be given the option to use either the digital or physical one, or both. _________________ 52 COM(2021) 281final
Amendment 147 #
2023/0311(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The issuance of the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons entails the processing of personal data, including in particular the data concerning the card holder’s disability or elderly status, which constitutes ‘data concerning health’ within the meaning of Article 4(15) of Regulation (EU) 2016/67953 and is a special category of personal data within the meaning of Article 9 of that Regulation. Any personal data processing in the context of this Directive should comply with applicable data protection legislation, in particular Regulation (EU) 2016/679. When transposing this Directive, the Member States should ensure that the national legislation include appropriate safeguards applicable to the processing of personal data, in particular special categories of personal data. The Member States should also ensure the security, integrity, authenticity and confidentiality of the data collected and stored for the purpose of this Directive _________________ 53 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 149 #
2023/0311(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The Member State responsible for issuing the European Disability and Elderly Card or the European Parking Card for persons with disabilities and older persons should be the one where the person habitually resides within the meaning of Regulations (EC) Nos 883/2004 of the European Parliament and of the Council54 and (EC) No 987/2009 of the European Parliament and of the Council55 and received the assessment of their disability or elderly status. Holders of a European Disability and Elderly Card or European Parking Card for persons with disabilities and older persons should be able to use the cards during their stay in any other Member State. _________________ 54 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1) 55 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).
Amendment 153 #
2023/0311(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In order to guarantee that workers with disabilities and older persons can effectively exercise their rights to free movement fully and also enjoy services, activities and facilities offered by Member States, including when provided not for remuneration, the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons should also be available to workers who travel to or visit another Member State for work-related purposes.
Amendment 157 #
2023/0311(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The envisaged framework for mutual recognition of the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons does not impinge on the competences of a Member State to assess and recognise the disability or elderly status and to grant special conditions, such as free access, reduced tariffs or preferential treatment for persons with disabilities, older persons, and/or person(s) accompanying or assisting them including personal assistant(s). It does not cover social security benefits, social protection or social assistance covered by Article 24(2) of Directive 2004/38/EC of the European Parliament and of the Council56 . _________________ 56 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, OJ L 158, 30.4.2004, p. 77.
Amendment 162 #
2023/0311(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to raise awareness and facilitate access to special conditions or preferential treatment, while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practices, and procedures applicable to obtain the European Disability and Elderly Card and/or the European Parking Card for persons with disabilities and older persons and its subsequent use should be made publicly available in a clear, comprehensive, user- friendly manner and accessible formats for persons with disabilities and older persons respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. Private operators or public authorities granting special conditions or preferential treatment to persons with disabilities and older persons should make such information publicly available in a clear, comprehensive, user-friendly manner and accessible formats, for persons with disabilities and older persons respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882.
Amendment 167 #
2023/0311(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) There is a need for the Commission to develop guidelines for common universally recognized pictograms for different types of assistance required by persons with disabilities.
Amendment 170 #
2023/0311(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Member States should take all the necessary steps to avoid any risk of forgery or fraud when issuing the European Disability and Elderly Card or the European Parking Card for persons with disabilities and older persons and should actively combat fraudulent use and forgery of these cards.
Amendment 172 #
2023/0311(COD)
Proposal for a directive
Recital 33
Recital 33
(33) In order to ensure the proper application of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement the directive to set the digital format of the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons, and to amend Annexes I and Annex II in order to modify the common features of the standardised format, adapt the format to technical developments, prevent forgery and fraud and ensure interoperability.
Amendment 174 #
2023/0311(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission with regards to establishing common technical specifications further specifying the respective formats of the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons, their respective security and digital features, as well as interoperability matters. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council57 . _________________ 57 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 177 #
2023/0311(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Member States should ensure that adequate and effective means exist to ensure compliance with this Directive and should therefore establish appropriate remedies, including checks on compliance and administrative and judicial procedures, to guarantee that persons with disabilities, older persons and person(s) accompanying or assisting them including personal assistant(s), as well as public bodies or private associations, organisations or other legal entities which have a legitimate interest may take action on behalf of a person with disabilities or on behalf of a older person under national law.
Amendment 181 #
2023/0311(COD)
Proposal for a directive
Recital 37
Recital 37
(37) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter. Notably, this Directive seeks to ensure full respect for the rights of persons with disabilities and older persons to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community and to promote the application of Article 26 of the Charter.
Amendment 183 #
2023/0311(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Since the objective of this Directive, namely to enhance the possibilities for persons with disabilities and older persons to travel to or visit another Member States, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action establishing a framework with rules and common conditions, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,
Amendment 186 #
2023/0311(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the rules governing the issuance of the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons as proof respectively of a disability or elderly status or of a right to parking conditions and facilities reserved for persons with disabilities and older persons, in view of facilitating short stays of persons with disabilities and older persons in a Member State other than that of which they are a resident, by granting them access to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, or parking conditions and facilities offered to or reserved for persons with disabilities, older persons or person(s) accompanying or assisting them including their personal assistant(s);
Amendment 191 #
2023/0311(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) common templates for the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons.
Amendment 192 #
2023/0311(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to parking conditions and facilities and to all situations where special conditions or preferential treatment are offered by private operators or public authorities to persons with disabilities and older persons as regards access to the following services, activities and facilities:
Amendment 196 #
2023/0311(COD)
Proposal for a directive
Article 2 – paragraph 1 – indent 3
Article 2 – paragraph 1 – indent 3
– other activities and facilities, , including where not provided for remuneration, including hospitals, care institutions and emergency services.
Amendment 211 #
2023/0311(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Directive does not affect Member States’ competence to determine the conditions for assessing and recognising disability or elderly status, or for granting the right to parking conditions and facilities reserved for persons with disabilities and older persons. It does not affect Member States’ competence to issue in addition at national, regional or local level, a certificate, a disability card, elderly card, or any other formal document for persons with disabilities and older persons.
Amendment 215 #
2023/0311(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
4. This Directive does not impinge on national competences to grant or require to grant special benefits or specific, preferential conditions, such as free access, reduced tariffs, or preferential treatment for persons with disabilities, older persons, and, where provided, for person(s) accompanying or assisting them including their personal assistant(s).
Amendment 218 #
2023/0311(COD)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. This Directive shall be without prejudice to the rights that persons with disabilities, older persons, or person(s) accompanying or assisting them, including their personal assistant(s), may derive from other provisions of Union law or national law implementing Union law, including those granting specific benefits, special conditions, or preferential treatment.
Amendment 222 #
2023/0311(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(c a) “older persons” means persons of older age, those aged 65 years or more, which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others;
Amendment 224 #
2023/0311(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) “personal assistant” is a person accompanying or assisting persons with disabilities and older persons who is recognised in accordance with the national legislation or practices as such;
Amendment 228 #
2023/0311(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) “special conditions or preferential treatment” means specific conditions, including those related to financial conditions, or differentiated treatment related to assistance and support such as free access, reduced tariffs, priority access, offered to persons with disabilities and older persons and/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s) or assistance animals recognised in accordance with the national legislation or practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;
Amendment 233 #
2023/0311(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “parking conditions and facilities” means any parking space reserved for persons with disabilities and older persons in general as well as associated parking benefits for, or preferential conditions afforded to, persons with disabilities and older persons, such as free parking, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels or extended parking spaces irrespective of whether provided on a voluntary basis or imposed by legal obligations.
Amendment 248 #
2023/0311(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) Union citizens and family members of Union citizens whose elderly status is recognised by the competent authorities in the Member State of their residence by means of a certificate, a card or any other formal document issued in accordance with national competences, practices, and procedures, as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s),
Amendment 252 #
2023/0311(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) Union citizens and family members of Union citizens whose rights to parking conditions and facilities reserved for persons with disabilities and older persons are recognised in their Member State of residence by way of a parking card or another document issued in accordance with national competences, practices, and procedures as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s).
Amendment 256 #
2023/0311(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Equal access to special conditions or preferential treatment and to parking conditions and facilities for persons with disabilities and older persons
Amendment 258 #
2023/0311(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that holders of a European Disability and Elderly Card, while travelling to or, visiting, living in, working or studying in a Member State other than that of which they are a resident, shall be granted access on equal terms and conditions as those provided to persons with disabilities and older persons who are holders of a disability certificate, disability card, elderly card, or any other formal document recognising their disability status in that Member State, to any special conditions or preferential treatment offered with respect to the services, activities and facilities referred to in Article 2(1).
Amendment 262 #
2023/0311(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that holders of a European Parking Card for persons with disabilities and older persons while travelling to or visiting, visiting, living in, working or studying in a Member State other than that of which they are a resident, shall be granted access to parking conditions and facilities reserved for persons with disabilities and older persons on equal terms and conditions as those provided for in that Member State to its holders of parking cards issued in that Member State.
Amendment 265 #
2023/0311(COD)
Proposal for a directive
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) when special conditions or preferential treatment referred to in paragraph 1 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s) or specific conditions for assistance animals, these favourable or specific conditions are granted on equal terms and conditions to the person(s) accompanying or assisting them, including personal assistant(s) or assistance animals of the holder of a European Disability and Elderly Card;
Amendment 270 #
2023/0311(COD)
Proposal for a directive
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
(b) when parking conditions and facilities referred to in paragraph 2 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s), these favourable conditions are granted on equal terms and conditions to the person(s) accompanying or assisting them, including personal assistant(s) of the holder of the European Parking Card for persons with disabilities and older persons.
Amendment 272 #
2023/0311(COD)
II EUROPEAN DISABILITY AND ELDERLY CARD AND EUROPEAN PARKING CARD FOR PERSONS WITH DISABILITIES AND OLDER PERSONS
Amendment 273 #
2023/0311(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Format, mutual recognition, issue and validity of the European Disability and Elderly Card
Amendment 276 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall introduce the European Disability and Elderly Card following the common standardised format set out in Annex I. Member States shall introduce digital features in physical cards using electronic means addressing fraud- prevention as part of the European Disability and Elderly Card, as soon as the requirements concerning the digital features referred to in Annex I, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Disability and Elderly Card in Annex I.
Amendment 282 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. European Disability and Elderly Cards issued by Member States shall be mutually recognised in all Member States.
Amendment 285 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Competent authorities in the Member States shall issue, renew or withdraw the European Disability and Elderly Card in accordance with their national rules, procedures and practices. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure the security, integrity, authenticity and confidentiality of the data collected and stored for the purpose of this Directive. The competent authority responsible for issuing the European Disability and Elderly Card shall be considered as the controller referred to in Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data.
Amendment 294 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Disability and Elderly Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities and older persons. It shall be issued and renewed within the same period set in the applicable national legislation for issuing disability certificates, disability cards, elderly cards or any other formal document recognising the disability status of a person with disabilities and older persons.
Amendment 300 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. The costs of the European Disability and Elderly Card for card holders shall be equal in all Member States.
Amendment 301 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The European Disability and Elderly Card shall be issued as a physical card and shall be complemented by a digital format upon adoption of the delegated acts referred to in paragraph 7. Persons with disabilities and older persons shall be given the option to use either the digital or physical card, or both.
Amendment 307 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The validity of the European Disability and Elderly Card issued by a Member State shall be at least for the same duration as that of the disability certificate, disability card, elderly card or any other formal document with the longest duration recognising their disability status issued to the person concerned by the competent authority of the Member State in its territory.
Amendment 311 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement this Directive in order to set the digital format of the European Disability and Elderly Card and ensure interoperability, and to amend Annex I in order to modify the common features of the standardised format, adapt the format to technical developments, introduce digital features in order to prevent forgery and fraud, address abuse or misuse and ensure interoperability.
Amendment 316 #
2023/0311(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Format, mutual recognition, issue and validity of the European Parking Card for persons with disabilities and older persons
Amendment 317 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall introduce the European Parking Card for persons with disabilities and older persons following the common standardised format set out in Annex II. Member States shall introduce digital features in physical cards using electronic means addressing fraud- prevention as part of the European Parking Card for persons with disabilities and older persons, as soon as the requirements concerning the digital features referred to in Annex II, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Disability and Elderly Card in Annex II.
Amendment 320 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. European Parking Cards for persons with disabilities and older persons issued by Member States shall be mutually recognised in all Member States.
Amendment 323 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Competent authorities in the Member States shall issue, renew, or withdraw the European Parking Card for persons with disabilities and older persons in accordance with their national rules, procedures and practices. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure the security, authenticity and confidentiality of the personal data collected and stored for the purpose of this Directive. The competent authority responsible for issuing the European parking Card for persons with disabilities and older persons shall be considered as the controller referred to in Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data.
Amendment 328 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The European Parking Card for persons with disabilities and older persons shall be issued or renewed by the Member State of residence upon application by the person with disabilities or older persons. It shall be issued or renewed within a reasonable period from the date of the application which shall not exceed 60 days.
Amendment 332 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. The costs of the European Parking Card for persons with disabilities and older persons for card holders shall be equal in all Member States.
Amendment 334 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall take the necessary measures to ensure that the European Parking Card for persons with disabilities and older persons replaces all existing valid parking cards, issued in accordance with the Council Recommendation on parking cards for persons with disabilities58 at national, regional or local level at the latest by dd/mm/yy [date of application of this Directive]. _________________ 58 Council Recommendation of 4 June 1998 (98/376/EC) OJ L 167/25,12.6.1998 as adapted by Council Recommendation of 3 March 2008 by reason of accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic OJ L 63/43,7.3.2008.
Amendment 336 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The European Parking Card for persons with disabilities and older persons shall be issued or renewed as a physical card and shall be complemented by a digital format upon adoption of the delegated acts referred to in paragraph 7. Persons with disabilities and older persons shall be given the option to use either the digital or physical card, or both.
Amendment 340 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement the Directive in order to set the digital format of the European Parking Card for persons with disabilities and older persons and ensure interoperability, including through the development and deployment of digital tools, and to amend Annex II in order to modify the common features of the standardised format, adapt the format to technical developments, prevent forgery and fraud, address abuse or misuse and ensure interoperability, including through the development and deployment of digital tools.
Amendment 347 #
2023/0311(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission shall adopt implementing acts establishing common technical specifications for further specifying the formats of the European Disability and Elderly Card and European Parking Card for persons with disabilities and older persons, their respective security and state of the art digital features including their specific format and, the data contained therein, including the appropriate security measures for the personal data, as well as interoperability matters, such as common EU applications for reading the data contained in digital features in physical cards using electronic means addressing fraud-prevention, as well as for defining the technical specifications of the digital card storage medium, for matters such as verifying the validity of the cards and their number, for controlling their authenticity, for preventing forgery and fraud, reading of the card(s) between Member States, for their use in the EU Digital Identity Wallet as well as for ensuring accessibility for persons with disabilities and older persons to any data in the cards.
Amendment 356 #
2023/0311(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall make the conditions and rules, practices, and procedures to issue, renew or withdraw a European Disability and Elderly Card and a European Parking Card for persons with disabilities and older persons publicly available in accessible formats, including in digital formats, and upon request in assistive formats requested by persons with disabilities and older persons.
Amendment 361 #
2023/0311(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall take appropriate measures to raise awareness among the public and inform persons with disabilities, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability Card and the European Parking Card for persons with disabilities. The Commission shall undertake a European awareness raising campaign in cooperation with the Member States.
Amendment 365 #
2023/0311(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall take appropriate measures to raise awareness among the public and inform persons with disabilities and older persons, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons.
Amendment 370 #
2023/0311(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. The Commission shall ensure that appropriate funding is made available to the Member States to address costs related to the information provision and awareness raising obligations under this Article and Article 15 of the Directive.
Amendment 372 #
2023/0311(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall take all necessary steps to avoid the risk of forgery or fraud and shall actively combat the fraudulent use and forgery of the European Disability and Elderly Card and European Parking Card for persons with disabilities and older persons.
Amendment 375 #
2023/0311(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States shall take the necessary measures to ensure that holders of a European Disability and Elderly Card or European Parking Card for persons with disabilities and older persons return their cards to the competent authority once the conditions under which they were issued are no longer fulfilled.
Amendment 377 #
2023/0311(COD)
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall take the necessary measures to ensure that in case they encounter cases of abuse or misuse of the cards issued by another Member State on their territory, the competent authorities in the Member State who issued the European Disability and Elderly Card or European Parking Card for persons with disabilities and older persons are informed. The Member State of issuance shall ensure appropriate follow-up in accordance with national law or practice.
Amendment 378 #
2023/0311(COD)
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Member States shall carry out checks on compliance with the obligations deriving from the European Disability and Elderly Card or European Parking Card for persons with disabilities and older persons with the corresponding rights of persons with disabilities and older persons holding those cards and person(s) accompanying or assisting them including their personal assistant(s).
Amendment 393 #
2023/0311(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
By dd/mm/yy [within six months after the entry into force of this Directive], Member States shall notify to the Commission the competent authorities designated to issue, renew and withdraw the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons.
Amendment 414 #
2023/0311(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) provisions whereby public bodies or private associations, organisations or other legal entities which have a legitimate interest in ensuring that the provisions of this Directive are complied with may take action in accordance with national law and procedures before the courts or before the competent administrative bodies on behalf or in support of a person with disabilities and older persons, with his or her approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.
Amendment 423 #
2023/0311(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall encourage private operators or public authorities to voluntarily provide special conditions or preferential treatment for persons with disabilities and older persons.
Amendment 434 #
2023/0311(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The report shall address, inter alia, in the light of social, economic developments the use of the European Disability and Elderly Card and European Parking Card for persons with disabilities and older persons with a view to assessing the need to review this Directive.
Amendment 435 #
2023/0311(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Commission’s report shall take into account the viewpoints of persons with disabilities and older persons, economic stakeholders and relevant non- governmental organisations, including organisations representing persons with disabilities and older persons.
Amendment 438 #
2023/0311(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall adopt and publish, by dd/mm/yy [within 1836 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 444 #
2023/0311(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. They shall apply those provisions from dd/mm/yy [3048 months from the date of entry into force of this Directive].
Amendment 447 #
2023/0311(COD)
Proposal for a directive
Annex I – subheading 1
Annex I – subheading 1
EUROPEAN DISABILITY AND ELDERLY CARD FORMAT
Amendment 449 #
2023/0311(COD)
Proposal for a directive
Annex I – paragraph 1
Annex I – paragraph 1
FRONT SIDE text European Disability and Elderly Card in English
Amendment 450 #
2023/0311(COD)
Proposal for a directive
Annex I – paragraph 2
Annex I – paragraph 2
BACK SIDE National information in the national language or national languages to be decided by the issuing Member State. Encourages Member States to include a graphic, digital or written indication such as a pictogram illustrating the nature of assistance required by the card holder, on a voluntary basis upon the request of the beneficiary and without disclosing the nature of their disability to prevent stigmatisation of any nature, on the back of the European Disability Card. The Commission shall develop guidelines for common pictograms for different types of assistance.
Amendment 453 #
2023/0311(COD)
Proposal for a directive
Annex I – point 1
Annex I – point 1
1. The size of the European Disability and Elderly Card shall be in accordance with ISO 7810.
Amendment 462 #
2023/0311(COD)
Proposal for a directive
Annex I – point 8
Annex I – point 8
8. The words European Disability and Elderly Card shall be displayed using Arial font and in braille using the Marburg code dimensions.
Amendment 465 #
2023/0311(COD)
Proposal for a directive
Annex II – subheading 1
Annex II – subheading 1
EUROPEAN PARKING CARD FOR PERSONS WITH DISABILITIES AND OLDER PERSONS FORMAT
Amendment 467 #
2023/0311(COD)
Proposal for a directive
Annex II – point 1 – introductory part
Annex II – point 1 – introductory part
1. The size of the European Parking Card for persons with disabilities and older persons shall be:
Amendment 471 #
2023/0311(COD)
Proposal for a directive
Annex II – point 3 – introductory part
Annex II – point 3 – introductory part
3. The European Parking Card for persons with disabilities and older persons shall be divided vertically into two parts on both the front and reverse.
Amendment 475 #
2023/0311(COD)
Proposal for a directive
Annex II – point 3 – point b – indent 1
Annex II – point 3 – point b – indent 1
– in capital letters, the words ‘European Parking Card for persons with disabilities and older persons’ in the language(s) of the Member State issuing the card; after a suitable space, it shall appear in small type in the other languages of the European Union;
Amendment 478 #
2023/0311(COD)
Proposal for a directive
Annex II – point 3 – point d – indent 1
Annex II – point 3 – point d – indent 1
– the statement: ‘This card entitles the holder to local parking conditions and facilities reserved for persons with disabilities and older persons available in the Member State concerned’;
Amendment 82 #
2023/0290(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Toys are also subject to Regulation (EU) 2023/988 on general product safety25 , which applies in a complementary manner in matters not covered by specific sectoral legislation on consumer products. In particular, Section 2 of Chapter III and Chapter IV in relation to online sales, Chapter VI on the Safety Gate Rapid Alert System and Safety Business Gateway and Chapter VIII on the right of information and remedy also apply to toys. Therefore, this Regulation does not include specific provisions on distance and online sales, accident reporting by economic operators and the right of information and remedy but rather requires economic operators providing information on safety issues concerning toys to inform authorities and consumers in accordance with the procedures set out in Regulation (EU) 2023/988. _________________ 25 OJ L 11, 15.1.2002, p. 4.
Amendment 113 #
2023/0290(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Where the hazards that a toy may present cannot be completely addressed by design, the residual risk should be addressed by product-related information directed at the supervisors of the children in the form of warnings, taking into account the capacity of those supervisors to take the necessary precautions. The residual risk could also be addressed via a digital label, such as a QR-code.
Amendment 117 #
2023/0290(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) To ensure awareness of any risks associated with the toy, especially in cases where the purchase is made through distance and online sales, it is necessary to ensure that the warnings are online clearly legible and immediately visible.
Amendment 124 #
2023/0290(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) As the distributor makes a toy available on the market after the toy has been placed on the market by the manufacturer or the importer, the distributor should act with due care to ensure that the handling of the toy does not adversely affect the compliance of that toy with this Regulationmake sure that those toys comply with the applicable Union requirements.
Amendment 126 #
2023/0290(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35 a) As an online marketplace makes a toy available on the market after the toy has been placed on the market by the manufacturer or the importer, the online marketplace should make sure that those toys comply with the applicable Union requirements.
Amendment 132 #
2023/0290(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The CE marking, indicating the conformity of a toy, is the visible consequence of a whole process comprising conformity assessment in a broad sense. General principles governing the CE marking are set out in Regulation (EC) No 765/2008. Specific rules governing the affixing of the CE marking with regard to toys should be laid down in this Regulation. Those rules should ensure sufficient visibility of the physical or digital CE marking in order to facilitate market surveillance of toys.
Amendment 163 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘CE marking’ means a physical or digital marking by which the manufacturer indicates that the toy is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing;
Amendment 194 #
2023/0290(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
The manufacturer shall mark warnings in a clearly visible, easily legible and understandable and accurate manner on the toy, on an affixed label or on the packaging and, if appropriate, on the instructions for use which accompany the toy. The residual risk may also be addressed via a digital label. Small toys which are sold without packaging shall have appropriate warnings affixed to them.
Amendment 199 #
2023/0290(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Warnings shall be clearly visible to the consumer before the purchase, including in cases where the purchase is made through distance and online sales. Warnings shall be of sufficient size to ensure their visibility. Warnings shall online be immediately visible.
Amendment 212 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. 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 toy or, where that is not possible, on its packaging or, in a document accompanying the toy or in the product passport. Manufacturers shall indicate a single point at which they can be contacted.
Amendment 222 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. Manufacturers shall ensure that other economic operators, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020, and online marketplaces, in the supply chain concerned, are kept informed in a timely mannermmediately of any non-conformity that the manufacturers have identified.
Amendment 255 #
2023/0290(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. When making a toy available on the market, distributors shall act with duonly place on the cmare in relation to the requirements ofket toys complying with this Regulation.
Amendment 259 #
2023/0290(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Where distributors consider, or have reason to believe, that a toy which they have made available on the market is not in conformity with this Regulation, they shall ensure that the corrective measures necessary to bring that toy into conformity, to withdraw it or recall it, if appropriate, are immediately taken.
Amendment 261 #
2023/0290(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article10a Obligations of online marketplaces 1. When making a toy available on the market, online market places shall only place on the market toys complying with this Regulation. 2. Before making a toy available on the market, online market places shall verify that the following conditions have been met: (a) the toy is accompanied by instructions and safety information in a language or languages which can be easily understood by consumers or other end-users as determined by the Member State in which the toy is to be made available on the market; (b) the toy bears a data carrier in accordance with Article 17(5) and the CE marking in accordance with Article 16 and (c) the manufacturer and the importer have complied with the requirements set out in Article 7(2), second subparagraph, Article 7(5), (6) and (11) and Article 9(3) respectively. Where online market places consider, or have reason to believe, that a toy is not in conformity with the essential safety requirements, they shall not place the toy on the market until it has been brought into conformity. Where online market places consider, or have reason to believe, that the toy presents a risk, they shall immediately provide information thereof to: (a) the manufacturer or the importer; (b) the market surveillance authorities through the Safety Business Gateway referred to in Article 26 of Regulation (EU) 2023/988; (c) consumers or other end-users, in accordance with Article 35 or 36 of Regulation (EU) 2023/988, or both. 3. Online market places shall ensure that, while a toy is under their responsibility, their storage or transport conditions do not jeopardise the toy’s compliance with the essential safety requirements. 4. Where online market places consider, or have reason to believe, that a toy which they have placed on the market is not in conformity with the relevant Union harmonisation legislation, they shall ensure that the corrective measures necessary to bring that toy into conformity, to withdraw it or recall it, if appropriate, are immediately taken. Where online market places consider, or have reason to believe, that a toy that they have made available on the market presents a risk, they shall immediately inform the market surveillance authorities of the Member States in which they made the toy available to that effect, giving details, in particular, of the non- compliance and of any corrective measures taken. 5. Online market places shall, further to a reasoned request from a competent national authority, provide it, with all the information and documentation necessary to demonstrate the conformity of the toy, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, as regards any action taken to eliminate the risks posed by toys which they have made available on the market.
Amendment 280 #
2023/0290(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The physical or digital CE marking shall be affixed visibly, legibly and indelibly to the toy, to a label attached to the toy or to the packaging of the toy.
Amendment 443 #
2023/0290(COD)
Proposal for a regulation
Annex IV – Part I – point 4 – point 4.1
Annex IV – Part I – point 4 – point 4.1
4.1. The manufacturer shall affix the physical or digital CE marking to each individual toy that satisfies the applicable requirements of this Regulation.
Amendment 131 #
2023/0133(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) There are already structures in place like the unitary patent system encompassing the Unitary Patent (UP), entrusted to the EPO, which is a legal title that provides uniform protection across all participating countries on a one-stop- shop basis, providing huge cost advantages and reducing administrative burdens. And the Unified Patent Court (UPC) which offers Member States a single and specialised patent jurisdiction.
Amendment 132 #
2023/0133(COD)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) The EPO has an existing register with a wealth of information on European patents that is tied to the UP register which contains patent holders’ commitment to license patents on FRAND terms. The owners of SEPs are thus already required to license the patents on FRAND terms.
Amendment 146 #
2023/0133(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The competence centre should set up and administer an electronic register and an electronic database containing detailed information on SEPs in force in one or more Member States, including essentiality check results, opinions, reports, available case-law from jurisdictions across the globe, rules relating to SEPs in third countries, and results of studies specific to SEPs. In order to raise awareness and facilitate SEP licensing for SMEs, the competence centre should offer assistance to SMEs. The setting up and administering a system for essentiality checks and processes for aggregate royalty determination and FRAND determination by the competence centre should include actions improving the system and the processes on a continuous basis, including through the use of new technologies. In line with this objective, the competence centre should establish training procedures for evaluators of essentiality and conciliators for providing opinions on aggregate royalty as well as on FRAND determination and should encourage consistency in their practices.
Amendment 149 #
2023/0133(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The competence centre should be the subject of Union rules on access to documents and data protection. Its tasks should be designed to increase transparency by making existing information relevant to SEPs available to all stakeholders in a centralised and systematic way. Therefore, a balance would have to be made between the free public access to basic information and the need to finance the functioning of the competence centre. In order to cover the maintenance costs a registration fee should be requested to access detailed information contained in the database, such as results of any essentiality checks and non- confidential FRAND determination reports.
Amendment 168 #
2023/0133(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 172 #
2023/0133(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 174 #
2023/0133(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 178 #
2023/0133(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 183 #
2023/0133(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 185 #
2023/0133(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 186 #
2023/0133(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 195 #
2023/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 199 #
2023/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Each party may choose whether it wishes to engage in the procedure and commit to comply with its outcome. Where a party does not reply to the FRAND determination request or does not commit to comply with the outcome of the FRAND determination, the other party should be able to request either the termination or the unilateral continuation of the FRAND determination. Such a party should not be exposed to litigation during the time of the FRAND determination. At the same time, the FRAND determination should be an effective procedure for the parties to reach agreement before litigation or to obtain a determination to be used in further proceedings. Therefore, the party or parties that commit to complying with the outcome of the FRAND determination and duly engage in the procedure should be able to benefit from its completion.
Amendment 201 #
2023/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 220 #
2023/0133(COD)
Proposal for a regulation
Recital 42
Recital 42
Amendment 221 #
2023/0133(COD)
Proposal for a regulation
Recital 43
Recital 43
Amendment 225 #
2023/0133(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) SMEs may be involved in SEP licensing both as SEP holders and implementers. While there are currently a few SME SEP holders, the efficiencies produced with this Regulation are likely to facilitate the licensing of their SEP. Additional conditions are necessary to relieve the cost burden on such SMEs such as reduced administration fees and potentially reduced fees for essentiality checks and conciliation in addition to free support and trainings. The SEPs of micro and small enterprises should not be the subject of sampling for essentiality check, but they should be able to propose SEPs for essentiality checks if they wish to. SME implementers should likewise benefit from reduced access fees and free support and trainings. Finally, SEP holders should be encouraged to incentivise licensing by SMEs through low volume discounts or exemptions from FRAND royalties.
Amendment 228 #
2023/0133(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure uniform conditions for the implementation of the relevant provisions of this Regulation, implementing powers should be conferred on the Commission to adopt the detailed requirements for the selection of evaluators and conciliators, as well as adopt the rules of procedure and Code of Conduct for evaluators and conciliators. The Commission should also adopt the technical rules for the selection of a sample of SEPs for essentiality checks and the methodology for the conduct of such essentiality checks by evaluators and peer evaluators. The Commission should also determine any administrative fees for its services in relation to the tasks under this Regulation and fees for the services evaluators, experts and conciliators, derogations thereof and payment methods and adapt them as necessary. The Commission should also determine the standards or parts thereof that have been published before the entry into force of this Regulation, for which SEPs can be registered. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.45 __________________ 45 Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13.)
Amendment 233 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 251 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 256 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Where there is sufficient evidence that, as regards identified use cases of certain standards or parts thereof, SEP licensing negotiations on FRAND terms do not give rise to significant difficulties or inefficiencies affecting the functioning of the internal market, the Commission shall, after an appropriate consultation process, by means of a delegated act pursuant to Article 67, establish a list of such use cases, standards or parts thereof, for the purposes of paragraph 3.
Amendment 266 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘patent pool’ means an entity created by an agreement between consortium of at least two companies agreeing to cross-license patents relating two or more SEPa particular technology. The creation of a patent pool can save holders toand license one or more of their patents to es not only time, but also often offer better scrutiny on essentiality, more clarity on aggregate licensing fees and the license rates can be expected to be FRAND. Additionally, they can function as one- stop-shop solutiones another or to third parties;d should therefore be stimulated in its use.
Amendment 268 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Amendment 271 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘Unitary Patent’ means a legal title that provides uniform protection across all participating countries on a one-stop- shop basis, providing huge cost advantages and reducing administrative burdens;
Amendment 272 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 b (new)
Article 2 – paragraph 1 – point 18 b (new)
(18b) ‘Unified Patent Court ’ means an agreement between EU countries to set up a single and specialised patent jurisdiction, used for resolving SEP disputes;
Amendment 273 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 c (new)
Article 2 – paragraph 1 – point 18 c (new)
(18c) ‘Unitary Patent Register’ means a register that contains patent holders’ commitment to license patents on FRAND terms;
Amendment 274 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 d (new)
Article 2 – paragraph 1 – point 18 d (new)
(18d) ‘Patent Mediation and Arbitration Centre’ means a centre that can be used to resolve SEP disputes, such as determining the essentiality of the patent(s) concerned and the appropriate FRAND licensing conditions. It offers support in the settlement of disputes relating to “classic” European patents and Unitary Patents. The Court may explore with the parties, the possibility to reach a settlement using the facilities of the Patent Mediation and Arbitration Centre;
Amendment 280 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
Amendment 284 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 286 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point g – point i
Article 3 – paragraph 2 – point g – point i
Amendment 290 #
2023/0133(COD)
Proposal for a regulation
Article -4 (new)
Article -4 (new)
Article-4 European Patent Office 1. A Union register for SEPs ('the register') is established, in cooperation with the European Patent Office. 2. The essentiality check of standard essential patents shall be conducted, where necessary, as part of a patent application at the European Patent Office.
Amendment 291 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 295 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
Amendment 296 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
Amendment 300 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point f
Article 4 – paragraph 4 – point f
(f) date of publication of information pursuant to Article 19(1) in conjunction with Article 14(7), Article 15(4) and Article 18(11);
Amendment 301 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point g
Article 4 – paragraph 4 – point g
Amendment 302 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point i
Article 4 – paragraph 4 – point i
Amendment 309 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point f
Article 5 – paragraph 2 – point f
Amendment 311 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point g
Article 5 – paragraph 2 – point g
Amendment 312 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point h
Article 5 – paragraph 2 – point h
Amendment 315 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point j
Article 5 – paragraph 2 – point j
Amendment 330 #
2023/0133(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 342 #
2023/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 343 #
2023/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 344 #
2023/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
Amendment 355 #
2023/0133(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) administering the registrations of SEPs, essentiality checks and conciliation proceedings pursuant to this Regulation;
Amendment 361 #
2023/0133(COD)
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
Notification of a standard and an aggregate royalty
Amendment 368 #
2023/0133(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 374 #
2023/0133(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 378 #
2023/0133(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 389 #
Amendment 421 #
2023/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 425 #
2023/0133(COD)
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. The request for registration will only be accepted following the payment of the registration fee by the SEP holder. The Commission shall determine the registration fee in the implementing act issued based on Art. 63(5). The registration fee shall include, in case of medium and large enterprises, the expected costs and fees of the essentiality check for SEPs selected pursuant to Article 29(1).
Amendment 426 #
2023/0133(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 429 #
2023/0133(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 434 #
2023/0133(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 437 #
2023/0133(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 441 #
2023/0133(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
Amendment 442 #
2023/0133(COD)
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
Amendment 443 #
2023/0133(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 455 #
2023/0133(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point d
Article 25 – paragraph 1 – point d
Amendment 457 #
2023/0133(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Such a request may be made at any time, except from the selection of the SEP for essentiality check pursuant to Article 29 until the publication of the result of the essentiality check in the register and database pursuant to Article 33(1).
Amendment 460 #
Amendment 461 #
Amendment 462 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Amendment 465 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. A conciliator shall conduct the following tasks:serve in a FRAND determination.
Amendment 468 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 471 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 474 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
Amendment 477 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The evaluators and conciliators shall adhere to a code of conduct.
Amendment 479 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 486 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
(a) the requirements for evaluators or conciliators, including a Code of Conduct;
Amendment 489 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
(b) the procedures pursuant to Articles 17, 18, 31 and 32 and Title VI.
Amendment 494 #
2023/0133(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The competence centre shall establish a roster of suitable candidates for evaluators or conciliators. There may be different rosters of evaluators and conciliators depending on the technical area of their specialisation or expertise.
Amendment 498 #
2023/0133(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Where the competence centre has not yet established roster of candidates evaluators or conciliators at the moment of the first registrations or FRAND determination, the competence centre shall invite ad hoc renowned experts who satisfy the requirements set out in the implementing act referred to in Article 26(5).
Amendment 500 #
2023/0133(COD)
Proposal for a regulation
Title V
Title V
Amendment 515 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
Amendment 516 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 11
Article 29 – paragraph 11
Amendment 537 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
Amendment 544 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
Amendment 549 #
2023/0133(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 554 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The responding party shall notify the competence centre within 15 days from the receipt of the notification of the request for FRAND determination from the competence centre in accordance with paragraph (1). The response shall indicate whether the responding party agrees to the FRAND determination and whether it commits to comply with its outcome.
Amendment 558 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – introductory part
Article 38 – paragraph 3 – introductory part
3. Where the responding party does not reply within the time limit laid down in paragraph (2) or informs the competence centre of its decision not to participate in the FRAND determination, or not to commit to comply with the outcome, the following shall apply:the competence centre shall terminate the FRAND determination.
Amendment 560 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point a
Article 38 – paragraph 3 – point a
Amendment 565 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
Amendment 568 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point c
Article 38 – paragraph 3 – point c
Amendment 575 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point a
Article 38 – paragraph 4 – point a
Amendment 580 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point b
Article 38 – paragraph 4 – point b
Amendment 583 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point c
Article 38 – paragraph 4 – point c
Amendment 586 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point d
Article 38 – paragraph 4 – point d
Amendment 589 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 592 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
Amendment 632 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 638 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
Amendment 646 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
Amendment 663 #
2023/0133(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. When submitting suggestions for FRAND terms and conditions, the conciliator shall take into account the impact of the determination FRAND terms and conditions on the value chain and on the incentives to innovation of both the SEP holder and the stakeholders in the relevant value chain. To that end, the conciliator may rely on the expert opinion referred to in Article 18 or, in case of absence of such an opinion request additional information and hear experts or stakeholders.
Amendment 696 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. In addition to the termination of the FRAND determination for reasons provided for Article 38(43), Article 44(3), Article 45(54), Article 46(2), point (b), Article 46(3) and Article 47(2), the FRAND determination shall be terminated in any of the following ways:
Amendment 707 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
Amendment 710 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
Amendment 734 #
2023/0133(COD)
Proposal for a regulation
Article 61 a (new)
Article 61 a (new)
Article61a Judicial and financial support 1. Competent courts of Member States and the Unified Patent Court shall ensure that the court fees do not exceed the fee of registering a patent. 2. A relevant part of the patent application fee shall contribute to an insurance to ensure that the relevant natural and legal persons receive, under certain conditions, free of charge judicial support, such as a legal representative during court proceedings.
Amendment 740 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 2 – point a
Article 63 – paragraph 2 – point a
Amendment 743 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 2 – point b
Article 63 – paragraph 2 – point b
Amendment 744 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 2 – point c
Article 63 – paragraph 2 – point c
Amendment 747 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point a
Article 63 – paragraph 3 – point a
Amendment 749 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point b
Article 63 – paragraph 3 – point b
Amendment 750 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point c
Article 63 – paragraph 3 – point c
Amendment 756 #
2023/0133(COD)
Proposal for a regulation
Article 66
Article 66
Amendment 775 #
2023/0133(COD)
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. This Regulation shall only enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.after:
Amendment 776 #
2023/0133(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point a (new)
Article 72 – paragraph 1 – point a (new)
(a) the Commission has beyond reasonable doubt shown that the functioning of the current system causes major disruption in the internal market, and therefore justifying the measures proposed in this Regulation; and
Amendment 777 #
2023/0133(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point b (new)
Article 72 – paragraph 1 – point b (new)
(b) the European Patent Office has been consulted and following this consultation this Regulation has been amended accordingly; and
Amendment 778 #
2023/0133(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point c (new)
Article 72 – paragraph 1 – point c (new)
(c) the Unified Patent Court has been consulted and following this consultation this Regulation has been amended accordingly.
Amendment 779 #
2023/0133(COD)
Proposal for a regulation
Article 72 – paragraph 1 – subparagraph 1 (new)
Article 72 – paragraph 1 – subparagraph 1 (new)
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Amendment 19 #
2023/0049(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The form in which EU fertilising products are labelled in accordance with Regulation (EU) 2019/1009 should be adapted to technological and societal changes in the field of digitalisation, while taking into account the impact and benefits for economic operators and users.
Amendment 21 #
2023/0049(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Providing information on a label in a digital form (‘digital label’) has clear benefits. Digital labelling can improve the communication of labelling information both by avoiding overcrowded physical labels, without having as a consequence that irrelevant and unnecessary information is provided digitally, and by allowing users to rely on various reading options available only for digital formats, such as increased font, automatic search, loud speakers or translation into other languages. In addition, digital labelling of EU fertilising products contributes to the ongoing progress with regard to digitalisation of the European agricultural sector and can facilitate the reporting obligations of farmers regarding the use of such products. Digital labelling can also lead to a more efficient management of the labelling obligations by economic operators, by facilitating the update of labelling information and permitting a more targeted information to users, thereby ensuring an overall better quality of information for users. In addition, digital labelling can contribute to reducing labelling costs all along the supply chain, given that the labels of EU fertilising products may be changed following a transaction between economic operators, before reaching end-users,
Amendment 24 #
2023/0049(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) However, digital labelling can also create new challenges for the vulnerable population groups, in particular persons with no, or insufficient, digital skills or persons with disabilities, and thus accentuate the digital divide. Therefore, digital labelling should be introduced in Regulation (EU) 2019/1009, under certain conditions, taking into account the need to ensure a high level of protection of human health and the environment, and the digital readiness. It is vital that user safety is not compromised in the process of making labelling more user-friendly through digital means.
Amendment 28 #
2023/0049(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 29 #
2023/0049(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Physical labels remain the preferreda way of obtaining key information about safety and use of EU fertilising products for end- users as by being affixed to packaging such physical labels offer immediate access to information. In addition, the vast majority of EU fertilising products available on the market are used by professional users, such as farmers. While professional users are well accustomed with fertilising products and often rely on consultancy for their fertilisation plans, they tend to belong to more advanced age groups, with more reduced digital skills. In this exceptional case, the products can, on request by the end-user, be accompanied by a physical label. It should be considered as part of a review whether digital labelling only options can be introduced at a later stage for EU fertilising products supplied to end-users.
Amendment 33 #
2023/0049(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Where economic operators opt for digital labelling of EU fertilising products supplied to end-users in a packaging, they should therefore ensure that a minimum set of key information about safety and use of the product is also available on the physical label. In this context and with regard to other rules specific to products made available in a packaging, a packaging should contain no more than 1000 kg in coherence with Commission Regulation (EU) No 142/201124 . Products supplied in a packaging exceeding this limit should be considered as being supplied without a packaging for the purpose of Regulation (EU) 2019/1009. This will also address the challenges that vulnerable population groups may face. The specific information that economic operators should be allowed to provide only on a digital label should therefore reflect the current state of the digitalisation of the society and the particular situation of the users of EU fertilising products. In order to enable all end-users to make informed choices before buying EU fertilising products and to ensure the safe handling and use of such products by all groups of end-users, labelling information concerning the protection of human health and the environment, as well as minimum information on the agronomic efficiency of the EU fertilising products and on their content and use, should always be provided on the physical label. Regulation (EU) 2019/1009 should clearly indicate which information may be provided only digitally. _________________ 24 Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive, OJ L 54, 26.2.2011, p. 1.
Amendment 36 #
2023/0049(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure a level playing field among economic operators making available EU fertilising products on the market, and to protect the end-users of such products, harmonised requirements for digital labelling should be laid down.
Amendment 41 #
2023/0049(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Since digital labels, similarly to physical labels, are a means of providing mandatory information on EU fertilising products to users, economic operators should ensure free access to digital labels. In addition, and in order to improve the chances that users will in practice retrieve the information, the information provided on the digital label should be easily accessible, through widely used digital technologies compatible with all major operating systems and browsers. Economic operators should not mix the information required by Regulation (EU) 2019/1009 with other information not requested by Regulation (EU) 2019/1009, such as marketing or commercial statements. Digital space has no space limitations typical for physical labels affixed to the packaging. It is therefore important to keep the labelling elements provided in accordance with Regulation (EU) 2019/1009 concentrated in one place, so that they are not difficult to find among various other information which economic operators might provide. Economic operators should also ensure that digital labels are presented in a way that takes into account the needs of vulnerable population groups, to further reduce the challenges such groups may face. Economic operators are also encouraged to provide additional voluntary recommendations through the digital label regarding the optimal use and best practice for the fertilising product.
Amendment 51 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EU) 2019/1009
Article 6 – paragraph 7 – point (b)
Article 6 – paragraph 7 – point (b)
(b) clear, understandable and, intelligible and prominently placed on the packaging;
Amendment 56 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 1
Article 11a – paragraph 1
1. Where EU fertilising products are made available on the market in a packaging to economic operators, they shall be accompanied by a label in a digital form (“digital label”), in accordance with the labelling elements set out in Annex III in the following form:.
Amendment 57 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 1 – point a
Article 11a – paragraph 1 – point a
Amendment 58 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 1 – point b
Article 11a – paragraph 1 – point b
Amendment 59 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 2
Article 11a – paragraph 2
2. Where EU fertilising products are made available on the market without packaging to economic operators, they shall be accompanied by a digital label, in accordance with the labelling elements set out in Annex III in the following form:.
Amendment 60 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 2 – point a
Article 11a – paragraph 2 – point a
Amendment 61 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 2 – point b
Article 11a – paragraph 2 – point b
Amendment 62 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 3
Article 11a – paragraph 3
Where EU fertilising products are made available on the market in a packaging to end-users, they shall be accompanied by a digital label, in accordance with the labelling elements set out in Annex III in the following form:. In exceptional cases, in which a digital label is not sufficient, the products shall, on request by the end-user, be accompanied by a physical label, in accordance with the labelling elements set out in Annex III. By way of derogation, the labelling elements marked with an asterisk in Annex III do not have to be duplicated on the physical label.
Amendment 63 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 3 – point a
Article 11a – paragraph 3 – point a
Amendment 64 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 3 – point b
Article 11a – paragraph 3 – point b
Amendment 65 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 3
Article 11a – paragraph 3
Amendment 66 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 4
Article 11a – paragraph 4
4. Where EU fertilising products are made available on the market without packaging to end-users, they shall be accompanied by a digital label, in accordance with the labelling elements set out in Annex III in the following form:. In exceptional cases in which a digital label is not sufficient, the products shall, on request by the end-user, be accompanied by a leaflet, in accordance with the labelling elements set out in Annex III.
Amendment 67 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 4 – point a
Article 11a – paragraph 4 – point a
Amendment 68 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11a – paragraph 4 – point b
Article 11a – paragraph 4 – point b
Amendment 81 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/1009
Article 11 c (new) 2(5) e a (new)
Article 11 c (new) 2(5) e a (new)
(ea) take into consideration the capability of SMEs to comply with such requirements.
Amendment 84 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
(5a) 42a. Review By [5 years after the entry into force of this Directive], the Commission shall carry out an evaluation of this Regulation and in particular assess its impact on the proper functioning of the internal market, the level of consumer protection and its impact on businesses, particularly on micro, small and medium enterprises. The review shall also consider the merits of the introduction of digital labelling only options for EU fertilising products supplied to end-users.
Amendment 27 #
2022/2207(INI)
Motion for a resolution
Recital C
Recital C
C. whereas equal access to skills, as well as upskilling and reskilling opportunities for all, especially for older persons, are crucial;
Amendment 37 #
2022/2207(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas around 42% of Europeans lack basic digital skills, including 37% of those in the workforce1a; _________________ 1a https://digital- strategy.ec.europa.eu/en/policies/digital- skills
Amendment 111 #
2022/2207(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points to the need for the smooth functioning of continuing vocational training for adults, including older persons;
Amendment 120 #
2022/2207(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Feels that all adults, including older persons, need opportunities to develop, update and upgrade their skills in order to keep up with the rapidly changing realities of work and succeed in their personal and professional lives; stresses that this requires a systemic approach to lifelong skills developmentlearning, supported by well- functioning and modern continuing vocational education and training (CVET) systems;
Amendment 151 #
2022/2207(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Draws attention to the need to focus on adults, including older persons, at an individual level as well, including those who are least involved in education and training;
Amendment 186 #
2022/2207(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. SAcknowledges the importance of intergenerational learning; points out that intergenerational learning enables the sharing of knowledge and experience and contributes to mutual respect and understanding; stresses that employers need to foster intergenerational links within the company and intergenerational learning between the younger and older persons, and vice versa;
Amendment 196 #
2022/2207(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the need for lifelong learning to all persons in society, especially older persons, allowing them to learn and acquire new skills and stay physically and mentally active;
Amendment 201 #
2022/2207(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need to increase the importance of vocational education and the acquisition of new skills and competenceseffectiveness and accessibility of vocational education and lifelong learning, especially those offered by the green and digital transitions;
Amendment 9 #
2022/2060(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Recalls that competition policy rules should be enforced in all sectors, including in the professional sports sector, in line with the rulings of the Court of Justice of the European Union;
Amendment 32 #
2022/2060(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 38 #
2022/2060(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Believes that consolidation within the telecommunications and internet service providers sector could have a significant positive effect on competition within the Union; calls on the Commission to revisit the current market definition to frame new market realities, where traditional markets are increasingly becoming global and cross sector; underlines that competition policy must support net neutrality and prevent all attempts to undermine it;
Amendment 119 #
2022/2026(INI)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Notes that promoting the rights of older persons is closely linked to achieving equal rights for people with disabilities, since older people have a higher risk of disability and more than 46 percent of older persons –those aged 60 years and over– have disabilities;
Amendment 128 #
2022/2026(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. encourages the inclusion of persons with age-related hearing loss in the labour market and consumer market; encourages that devices with alarms have both low and high frequency tone alarms to protect persons with age-related hearing loss for whom the low frequency alarm is more effective;
Amendment 14 #
2022/2014(INI)
Motion for a resolution
Recital A
Recital A
A. whereas video games are played by all age groups in Europe, in particular minorschildren, 68-79% of whom play them;
Amendment 17 #
2022/2014(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas online video games companies are bigger than all music and movie companies combined in terms of worldwide turnover;
Amendment 19 #
2022/2014(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas video games are becoming increasingly important also in other sectors, such as education, marketing, VR/AR, and digital marketplaces linked to the Metaverse;
Amendment 22 #
2022/2014(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas despite its central role in the European cultural and creative ecosystem, the online video games sector is still neglected in comparison to other media industries, especially movies and other audiovisual products, who generally receive more funding and are used as a model to shape regulation and policies around video games, an approach that does not consider the differences between them;
Amendment 26 #
2022/2014(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas technological developments in the online video games sector spill over to other sectors and industries like construction, design, retail, and online shopping;
Amendment 28 #
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; whereas the video games industry continues to grow rapidly in the entire Union, thereby contributing to Europe's Digital Single Market;
Amendment 32 #
2022/2014(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas small and medium-sized enterprises account for a large number of the companies in the European video games sector;
Amendment 39 #
2022/2014(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas many online video games aim to monetise their users through data collection and exposure to advertisements, creating an incentive to get users, including children, to spend as much time as possible on games;
Amendment 48 #
2022/2014(INI)
Motion for a resolution
Recital E
Recital E
E. whereas spending excessive amounts of time playing online video games can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues, in particular with regard to minorschildren;
Amendment 129 #
2022/2014(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that certain game designs used for in-game purchasing systems can be particularly harmful when targeted at minochildren; calls for considering a ban from using deceptive designs to exploit consumers;, calls for such advertising to be banned when targeted at minors;
Amendment 143 #
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; in particular, to better protect consumers (especially children) and help parents to understand and control their spending, all in-game purchases should also be denominated in a real-world currency next to any potential virtual currency;
Amendment 167 #
2022/2014(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to make a legislative proposal on online video gaming to establish a European regulatory framework with the aim of harmonising rules between Member States andstudy how existing consumer protection laws and widely used ratings systems such as PEGI can be applied and enforced more uniformly across the Digital Single Market with the aim of better protecting players, in particular minors;
Amendment 168 #
2022/2014(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to make a legislative proposal on online video gaming to establish a European regulatory framework with the aim of harmonising rules between Member States and better protecting players, in particular minorschildren;
Amendment 172 #
2022/2014(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the European Commission and the Network of Consumer Protection Authorities (CPC- Net), to ensure that consumer law is fully respected and enforced in the online video game sector;
Amendment 180 #
2022/2014(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises the importance of mental health, particularly that of minorschildren; stresses that the COVID-19 pandemic exacerbated the situation, causing fear, isolation and a feeling of insecurity; calls for action to be taken by game developers to avoid problems related to addiction;
Amendment 184 #
2022/2014(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that online video games are important for education, lifelong learning and helping elderly people to keep engaging with society;
Amendment 185 #
2022/2014(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Proposes to organise a yearly EU online video game award in the European Parliament in Brussels, the 'Oscars of online video games', in order to highlight the importance for the European digital single market of companies producing online video games, many of which are SME's, in terms of jobs, growth and innovation;
Amendment 226 #
2022/2014(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes industry-led initiatives such as Pan European Game Information (PEGI); considers that such a rating system can be particularly beneficial in providing information on the recommended minimum age and protecting minorschildren from inappropriate game content; welcomes the function which informs consumers if a game includes random pay-to-play features; notes that some countries have made the PEGI system law and calls on the Commission to explore the possibilities for entrenching it in EU law;
Amendment 236 #
2022/2014(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to assess how the PEGI systems are is being implemented in the different types of games available on the market and acrosss well as across all gaming platforms accessible in the Union, and to proposassess possible concrete actions to ensure they are PEGI system is being used effectively;
Amendment 57 #
2022/0402(CNS)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice in full respect of fundamental rights in which the free movement of persons and access to justice are ensured, according to Articles 21, 45, 49, 56 and 67 of the Treaty on the Functioning of the European Union (TFEU). For the gradual establishment of such an area, the Union is to adopt measures aimed at ensuring the mutual recognition between Member States of judgments and decisions in extrajudicial cases in civil matters and the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction in civil matters.
Amendment 122 #
2022/0402(CNS)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should not apply to preliminary questions such as the existence, validity or recognition of a marriage or a relationship deemed by the law applicable to it as having comparable effects, such as a registered partnership, which should continue to be governed by the national law of the Member States, including their rules of private international law and, where relevant, by the case law of the Court of Justice on free movement.
Amendment 135 #
2022/0402(CNS)
Proposal for a regulation
Recital 34
Recital 34
(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deedact (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood can be provided by the document establishing the parenthood (such as the court decision, the notarial deedact or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate).
Amendment 186 #
2022/0402(CNS)
Proposal for a regulation
Recital 59
Recital 59
(59) Depending on the national law, an authentic instrument establishing parenthood with binding legal effect in the Member State of origin can be, for example, a notarial deedact of adoption or an administrative decision establishing parenthood following an acknowledgment of paternity. This Regulation should also provide for the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Depending on the national law, such an authentic instrument can be, for example, a birth certificate or a parenthood certificate providing evidence of the parenthood established in the Member State of origin (whether the parenthood has been established by operation of law or by an act of a competent authority, such as a court decision, a notarial deedact, an administrative decision or registration).
Amendment 273 #
2022/0402(CNS)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the mutual recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.
Amendment 294 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
2. ‘child’ means a person of any age whose parenthood is to be established, recognised or proved;
Amendment 295 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
4. 'court' means any judicial authority in a Member State thatand all other authorities of a Member State with jurisdiction in matters of parenthood which exercises judicial functions in matters of parenthood;or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities offer guarantees with regard to the impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate:
Amendment 296 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a (new)
Article 4 – paragraph 1 – point 4 – point a (new)
a) may be made the subject of an appeal to or review by a judicial authority; and
Amendment 297 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point b (new)
Article 4 – paragraph 1 – point 4 – point b (new)
b) have a similar force and effect as a decision of a judicial authority on the same matter.
Amendment 332 #
2022/0402(CNS)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) the procedures toconditions for establishing or contesting parenthood;
Amendment 345 #
2022/0402(CNS)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The application of a provision of the law of any State specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum, taking into account the best interests of the child.
Amendment 350 #
2022/0402(CNS)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.
Amendment 375 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’sbest interests of the child;
Amendment 388 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.
Amendment 423 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’sbest interests of the child;
Amendment 433 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.
Amendment 458 #
2022/0402(CNS)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.
Amendment 534 #
2022/0402(CNS)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. The European electronic access point established on the European e-Justice Portal pursuant to Article 4 of [the Digitalisation Regulation] may be used for electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities in connection with the following:
Amendment 565 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 2 – point a a (new)
Article 70 – paragraph 2 – point a a (new)
(aa) the number of applications for the recognition of a court decision or of an authentic instrument establishing parenthood with binding legal effect in the Member State of origin pursuant to Article 32, and the number of cases in which the recognition was granted;
Amendment 110 #
2022/0396(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In line with the Green Deal33 , the new Circular Economy Action Plan (CEAP)34 commits to reinforcing the essential requirements for packaging in view of making all packaging reusable or recyclable by 2030, and to consider other measures to reduce (over)packaging and packaging waste, drive design for re-use and recyclability of packaging, reduce the complexity of packaging materials and introduce requirements for recycled content in plastic packaging. It commits the Commission to assess the feasibility of Union-wide colour labelling that facilitates the correct separation of packaging waste at source. __________________ 33 https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM%3A2019%3 A640%3AFIN 34 https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM:2020:98:FIN &WT.mc_id=Twitter
Amendment 112 #
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 colour labelling packaging in an easily understandable way to inform consumers about its recyclability and where its waste should be discarded to facilitate sorting and recycling. __________________ 38 https://data.consilium.europa.eu/doc/docu ment/ST-13852-2020-INIT/en/pdf
Amendment 171 #
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 colour labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding colour labels on waste receptacles.
Amendment 359 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised colour label established in the relevant implementing act adopted pursuant to paragraph 5.
Amendment 595 #
2022/0396(COD)
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. By 1 January 2029, Member States shall take the necessary measures to ensure that deposit and return systems with corresponding colour labels are set up for:
Amendment 26 #
2022/0392(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In view of the growing deployment of artificial intelligence and 3D printing technologies in diverse industries, and the resulting challenges for design right holders to effectively prevent the illegitimate, easy copying of their protected designs, it is appropriate to provide that the creation, downloading, copying and making available of any medium or software recording the design, for the purpose of reproduction of a product that infringes the protected design, amounts to use of the design being subject to the right holder’s authorisation.
Amendment 27 #
2022/0392(COD)
Proposal for a directive
Recital 30
Recital 30
(30) To this effect, it should be permissible for registered design right holders to prevent the entry of infringing products and their placement in all customs situations, including, in particular transit, transhipment, warehousing, free zones, temporary storage, inward processing or temporary admission, also when such products are not intended to be placed on the market of the Member State concerned. In performing customs controls, the customs authorities should make use of the powers and procedures laid down in Regulation (EU) No 608/2013 of the European Parliament and of the Council29 , also at the request of the right holders. In particular, the customs authorities should carry out the relevant controls on the basis of risk analysis criteria. _________________ 29 Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).
Amendment 40 #
2022/0392(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
By way of derogation from Article 9(1), the holder of a registered design right shall be entitled to prevent all third parties from bringing products, in the course of trade, from third countries into the Member State where the design is registered, that are not released for free circulation in that Member State, where the design is identically incorporated in or applied to those products, or the design cannot be distinguished in its essential aspects from such products, and an authorisation has not been given.
Amendment 51 #
2022/0392(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
Directive 98/71/EC
Article 24
Article 24
The holder of a registered design right mayshall inform the public that the design is registered by displaying on the product in which the design is incorporated or to which it is applied the letter DTM enclosed within a circle. Such design notice may be accompanied by the registration number of the design or hyperlinked to the entry of the design in the register.
Amendment 53 #
2022/0392(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The office shall inform the holder of the registered design right of the expiry of the registration at least six months before the said expiry. The office shall not be held liable if it fails to give such information and such failure shall not affect the expiry of the registrationFailure to give such information shall be deemed to constitute a request for renewal.
Amendment 32 #
2022/0391(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The use of artificial intelligence and 3D printing technologies in different areas of industry is growing, which results in challenges for design right holders to effectively prevent illegitimate copying of their protected designs. Therefore, it is appropriate to provide that the creation, downloading, copying and making available of any medium or software recording the design for the purpose of reproducing a product that infringes the design, amounts to use of the design being subject to the right holder’s authorisation.
Amendment 33 #
2022/0391(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) To that effect, it should be permissible for holders of registered EU designs to prevent entry of infringing products and their placement in all customs situations, also when such products are not intended to be placed on the market of the Union. In performing customs controls, the customs authorities should make use of the powers and procedures laid down in Regulation (EU) No 608/2013 of the European Parliament and the Council32 , including at the request of the right holders. In particular, the customs authorities should carry out the relevant controls on the basis of risk analysis criteria. _________________ 32 Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).
Amendment 37 #
2022/0391(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to facilitate the marketing of design protected products, in particular by SMEs and individual designers, and to increase awareness of the design registration regimes existing both at Union and national level, a commonly accepted notice consisting of the symbol (DTM) should be available for used by design right holders and others with their consent.
Amendment 38 #
2022/0391(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In view of the insignificant number of EU design applications filed at the central industrial property offices of the Member States and the Benelux Office for Intellectual Property, and in order to align the system for EU design applications to the system set out in Regulation (EU) 2017/1001, it should henceforth only be possible to file an EU design application at the Office. However, Member States should establish a ‘one-stop shop' through which applicants can receive guidance, legal and technical support.
Amendment 40 #
2022/0391(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) It is desirable that Member States' central industrial property offices and the Benelux Office for Intellectual Property cooperate with each other and with the EUIPO in all fields of design registration and administration in order to promote convergence of practices and tools, such as the creation and updating of common or connected databases and portals for consultation and search purposes. The Member States should further ensure that their central industrial property offices and the Benelux Office for Intellectual Property cooperate with each other and with the EUIPO in all other areas of their activities which are relevant for the protection of designs in the Union.
Amendment 42 #
2022/0391(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) For reasons of efficiency and to streamline proceedings, the means of notifications and communications should be mainly electronic only.
Amendment 48 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 6/2002
Article 2
Article 2
The European Union Intellectual Property Office (‘the Office’), established by Regulation (EU) 2017/1001 of the European Parliament and of the Council*, shall carry out the tasks entrusted to it by this Regulation. The Office shall communicate publically often and clearly about these tasks, in order to raise awareness and promote the possibilities of registering an EU design.
Amendment 62 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 6/2002
Article 19 – paragraph 3
Article 19 – paragraph 3
By way of derogation from Article 10(1), the holder of a registered EU design shall be entitled to prevent all third parties from bringing products, in the course of trade, from third countries into the Union, that are not released for free circulation in the Union, where the design is identically incorporated in or applied to those products, or the design cannot be distinguished in its essential aspects from such products, and an authorisation has not been given.
Amendment 69 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 6/2002
Article 26a
Article 26a
The holder of a registered EU design mayshall inform the public that the design is registered by displaying on the product in which the design is incorporated or to which it is applied the letter DTM enclosed within a circle. Such design notice may be accompanied by the registration number of the design or hyperlinked to the entry of the design in the Register.;
Amendment 70 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 6/2002
Article 35
Article 35
1a. Member States shall establish a ‘one-stop shop' through which applicants can receive guidance, legal and technical support.
Amendment 71 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point a
Article 1 – paragraph 1 – point 28 – point a
Regulation (EC) No 6/2002
Article 36a – paragraph 1
Article 36a – paragraph 1
1. A maximum number of 510 designs may be combined in one multiple application for registered EU designs. Each design contained in a multiple application shall be numbered by the Office in accordance with a system determined by the Executive Director.
Amendment 77 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 6/2002
Article 50d – paragraph 2
Article 50d – paragraph 2
2. The Office shall inform the right holder of the registered EU design and any person having a registered right in respect of the EU design of the expiry of the registration at least 6 months before the date of such expiry. Failure to give such information shall not involve the responsibility of the Office and shall not affect the expiry of the registrationbe deemed to constitute a request for renewal.
Amendment 79 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 51
Article 1 – paragraph 1 – point 51
Regulation (EC) No 6/2002
Article 50g – paragraph 2
Article 50g – paragraph 2
2. A single request may be made for a change of the name or address in respect of two or morby the holder of a single registrations of the same holderr multiple registrations.
Amendment 83 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 67
Article 1 – paragraph 1 – point 67
Regulation (EC) No 6/2002
Article 66 – paragraph 2
Article 66 – paragraph 2
2. Notification shall be mainly effected by electronic means. The details regarding electronic means shall be determined by the Executive Director. The Office shall designate an official address for official communication with the Office.
Amendment 100 #
2022/0391(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EC) No 6/2002
Article –106ad
Article –106ad
2. The Office mayshall, however, in so far as is possible within the time remaining before the end of the period for payment, give the person making the payment the opportunity to pay the amount lacking or, where this is considered justified, overlook any small amounts lacking, without prejudice to the rights of the person making the payment.
Amendment 113 #
2022/0391(COD)
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex
Annex
(b) for the second period of renewal: EUR 14280 per design;
Amendment 115 #
2022/0391(COD)
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex
Annex
(c) for the third period of renewal: EUR 11280 per design;
Amendment 117 #
2022/0391(COD)
Proposal for a regulation
Annex I
Annex I
Regulation (EC) 6/2002
Annex
Annex
(d) for the fourth period of renewal: EUR 564480 per design.
Amendment 25 #
2022/0379(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to strengthen the development of cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, to allow public administrations in the Union to cooperate and make public services function across borders. The existing informal cooperation should be replaced with a clear legal framework to enable interoperability across different administrative levels and sectors and to ensure seamless cross-border data flows for truly European digital services. Public sector interoperability has an important impact on the right to free movement of goods and services laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (‘SMEs’). A successful development of cross-border public sector interoperability requires staff of public sector bodies to support Union objectives, such as the freedoms of movement. Therefore, a shared European emotion and identity should be promoted.
Amendment 28 #
2022/0379(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The aim to create a structured cooperation framework on cross-border interoperability set out in this Regulation should ensure that all citizens, including older persons, persons with disabilities and persons with limited access to digital services, have equal and easy access to public services. Cross-border interoperability requires basic network connections, such as cellular networks or wireless networks. However, especially in border regions or rural areas those network connections can possibly be underdeveloped or malfunction, which could undermine cross-border interoperability. Therefore, the Interoperable Europe Board should have the task to monitor the functioning and access to the required network connections for cross-border interoperability.
Amendment 29 #
2022/0379(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) The development of cross-border legal, organisational, semantic and technical interoperability set out in this Regulation should in particular focus on legal interoperability, in order to facilitate the necessary swift access of businesses and citizens to legal information, faster procedures and services, which is crucial for the reduction of expensive administrative obstacles and for the strengthening of the proper functioning of the internal market and the associated freedoms of movement.
Amendment 39 #
2022/0379(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) It is necessary to enhance a good understanding of interoperability issues, especially among public sector employees. Continuous training is key in this respect and cooperrdination, mobility and coordinperation opportunities on the topic should be encouraged. Beyond trainings on Interoperable Europe solutions, all initiatives should, where appropriate, build on, or be accompanied by, the sharing of experience and solutions and the exchange and promotion of best practices.
Amendment 82 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point r a (new)
Article 15 – paragraph 4 – point r a (new)
(ra) monitor the functioning and access to the required network connections for cross-border interoperability.
Amendment 83 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. The Interoperable Europe Board may set up working groups to examine specific points related to the tasks of the Board. Working groups shall involve members with a relevant background of the Interoperable Europe Community.
Amendment 94 #
2022/0379(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) the implementation of the EIF by the Member States and the accessibility of the EIF to users, in particular to older persons and persons with disabilities;
Amendment 24 #
2022/0365(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure that the emissions for both light and heavy duty vehicles are limited in real life, testing vehicles in real conditions of use with a minimum set ofover a statistically representative set of unbiased restrictions, boundaries and other driving requirements and not only in the laboratory is required.
Amendment 27 #
2022/0365(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) RDE performance testing should be done on public roads where vehicles are driven on real routes and in their usual use. The RDE test should should only include normal driving patterns, conditions and payloads. It should be ensured that emissions performance during periods of unrepresentative and biased driving do not enter the RDE calculation for vehicle compliance verification.
Amendment 30 #
2022/0365(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 77 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 38
Article 3 – paragraph 2 – point 38
(38) ‘on-board monitoring system’ or ‘OBM’ means a system on board a vehicle that is capable of detecting either emission exceedances or when a vehicle is in zero emission mode if applicable, and capable of indicating the occurrence of such exceedances by means of information stored in the vehicle,monitoring emissions within the technically possible measurement tolerances and of communicating that information via the OBD port and over the air;
Amendment 81 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 42
Article 3 – paragraph 2 – point 42
(42) ‘real driving emissions’ or ‘RDE’ means the emissions of a vehicle under normal driving conditions and at most one additional extended conditions at a time as specified in Tables 1 and 2 of Annex III;
Amendment 97 #
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 and respecting the values declared in the certificate of conformity and in thesubject to the conditions 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 104 #
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, 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 subject to the conditions in Annex III .
Amendment 107 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point b
Article 4 – paragraph 6 – point b
(b) OBM systems capable of detectmonitoring emissions above the emission limits due to malfunctions, increased degradation or other situations that increase emissions;within the technically possible measurement tolerances
Amendment 49 #
2022/0341(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Security of instant credit transfers in euro is fundamental for increasing PSUs’ confidence in such services and ensuring their use. Payers intending to send a credit transfer to a given payee may, as a result of fraud or error, provide a payment account identifier which does not correspond to an account held by that payee. Under Directive (EU) 2015/2366 of the European Parliament and of the Council37 , the only determinant of the correct execution of the transaction with respect to the payee is the unique identifier, and PSPs are not required to verify the name of the payee. In the case of instant credit transfers, there is not enough time for the payer to realise the occurrence of a fraud or error and to try to recover the funds before they are credited to the payee’s account. PSPs should therefore verify free of charge to PSUs by means of an IBAN-Name Check whether there is any discrepancy between the unique identifier of the payee and the name of the payee provided by the payer, and notify the payer placing a payment order for an instant credit transfer in euro about any such discrepancies detected. To avoid undue frictions or delays in the processing of the transaction instantly, the payer’s PSP should provide such notification within no more than a few seconds from the moment the payer provided the payee information. To allow the payer to decide whether to proceed with the intended transaction, the payer’s PSP should provide such notification before the payer authorises the transaction. __________________ 37 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
Amendment 63 #
2022/0341(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Authorising a payment transaction where the PSP has detected a discrepancy and has notified that discrepancy to the PSU can result in the funds being transferred to an unintended payee. In such cases, PSPs should not be held liable for the execution of the transaction to an unintended payee, as laid down in Article 88 of Directive (EU) 2015/2366. PSPs should inform PSUs about the implications for PSP liability and PSU refunds rights of their choice to ignore the notified discrepancy. PSUsAny paying legal person making use of a payment service in the capacity of payer or payee should be able to opt out from using that service at any time during their contractual relationship with the PSP. After opting out, PSUsa legal person should be able to opt in to again avail of the service.
Amendment 125 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 2 – point b
Article 5a – paragraph 2 – point b
(b) after receiving a payment order for an instant credit transfer, they shall immediately verify whether all the necessary conditions for processing the payment are met and whether the necessary funds are available, reserve the amount on the account of the payer and instantly send the payment transaction to the payee’s PSP;. In cases where the PSU is a natural person making use of a payment service in the capacity of payer for a first payment order above 250 euro, or the equivalent of 250 euro, to a payee, the payer's PSP shall instead instantly notify the payee's PSP of the payment order and, after 24 hours, send the payment transaction to the payee’s PSP. The payment transaction will not be sent to the payee’s PSP after the 24 hours if the PSP has been informed about the filing of an official report of fraud to the police regarding the transaction in case. If it appears to be fraud, the amount will return to the account of the payer.
Amendment 192 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 260/2012
Article 5c – paragraph 1 – subparagraph 1
Article 5c – paragraph 1 – subparagraph 1
With regard to instant credit transfers, a payer’s PSP shall verify free of charge to PSUs by means of an IBAN-Name Check whether the payment account identifier and the name of the payee provided by the payer match. Where they do not match, that PSP shall notify the payer of any discrepancies detected and the degree of any such discrepancy.
Amendment 211 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 260/2012
Article 5c – paragraph 3 – subparagraph 1
Article 5c – paragraph 3 – subparagraph 1
PSPs shall ensure that PSUsany paying legal person making use of a payment service in the capacity of payer or payee have the right to opt out from receiving the service referred to in paragraph 1 and shall inform their PSUs legal person of the means to express such opt-out right.
Amendment 33 #
2022/0326(COD)
Proposal for a decision
Recital 1
Recital 1
(1) A skilled workforcesociety is crucial to ensuring socially fair and just green and digital transitions, and to strengthening the Union’s sustainable competitiveness and resilience in the face of adverse external shocks such as the COVID-19 pandemic or the fallout of Russia’s war of aggression against Ukraine. More and better skills open up new opportunities and empower individuals to fully participate in the labour market, society and democracy, to harness and benefit from the opportunities of the green and digital transitions and to exercise their rights.
Amendment 59 #
2022/0326(COD)
Proposal for a decision
Recital 4
Recital 4
(4) Low skills of working-age adults remain a significant challenge for the Union, pointing to considerable untapped potential of upskilling and reskilling to help mitigate increasing labour shortages in sectors such as manufacturing and services, and in particular in economic activities related to hospitality and manufacturing of computer and electronic equipment, and the care sector.25 However, participation in adult learning in the Union has stagnated over the last decade and 21 Member States fell short of the 2020 EU-level target. For many adults, such as those in atypical forms of work, employees of small and medium-sized enterprises, the unemployed, the elderly, the inactive and the low- qualified, skills development opportunities are too often out of reach. Increasing the upskilling and reskilling opportunities for these groups, and all working-age adults, also contributes to reaching the EU employment target of 78%, with employment rate in the EU in 2021 being at 73.1%.26 _________________ 25 European Commission, 2021 Labour Market and Wage Developments in Europe, p. 26 26 Eurostat, Employment (as % of the population aged 20 to 64), (LFSI_EMP_A)
Amendment 71 #
2022/0326(COD)
Proposal for a decision
Recital 7
Recital 7
(7) The European Skills Agenda30 , adopted in July 2020, calls for a skills revolution to ensure the recovery of our economy, strengthen Europe’s global competitiveness and turn the green and digital transitions into opportunities for all, including the elderly. It aims to foster collective action on skills, ensure that training content is aligned with the evolving labour market needs, and better match training opportunities with people's aspirations to incentivise their uptake across the working-age population. The European Parliament welcomed the objectives and actions of the European Skills Agenda in its Resolution of 11 February 2021.31 _________________ 30 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - European Skills Agenda for sustainable competitiveness, social fairness and resilience (COM(2021)274 final) 31 European Parliament, European Parliament resolution of 11 February 2021 on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions European Skills Agenda for sustainable competitiveness, social fairness and resilience (2020/2818(RSP))
Amendment 96 #
2022/0326(COD)
Proposal for a decision
Recital 11
Recital 11
(11) The Council Recommendations on Individual Learning Accounts34 and Micro- credentials for lifelong learning and employability35 help people to update or complete their skill-sets, also in response to emerging skills needs in the labour market and society, in a more flexible and targeted way. The Council Resolution from December 2021 on a new European Agenda for Adult Learning 2021-203036 promotes upskilling and reskilling that can in turn reduce skills mismatches and labour shortages and promote full participation in society, creating added economic and social value. Skills guidance and skills self-assessment opportunities are among the measures which support people in their up- and reskilling. _________________ 34 Council Recommendation of 16 June 2022 on individual learning accounts (OJ C 243, 27.6.2022, p. 26) 35 Council Recommendation of 16 June 2022 on a European approach to micro- credentials for lifelong learning and employability (OJ C 243, 27.6.2022, p. 10) 36 Council Resolution on a new European agenda for adult learning 2021-2030 (OJ C 504, 14.12.2021, p. 9)
Amendment 123 #
2022/0326(COD)
Proposal for a decision
Recital 16
Recital 16
(16) The Commission Communication on An Updated Industrial Strategy44 calls for decisive action to make lifelong learning a reality for all and ensure that education and training keep pace with and help deliver the digital and green transitions. It underlines that a skilled workforce is key in ensuring successful transitions, supporting the competitiveness of the European industry, its digital and green transition and quality job creation. It also recognises the importance of strong partnerships between the EU, Member States, social partners and other relevant stakeholders and cooperation between and within industrial ecosystems. The social economy can play a decisive role as it is an important proponent of socially fair and inclusive digital and green transitions and a key driver of social innovation, including in the field of reskilling and upskilling. In order to modernize reskilling and upskilling policies, social innovation should include the educational use of video games and streaming platforms, which can contribute substantially to the development of new skills. _________________ 44 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery (COM(2021) 350 final)
Amendment 159 #
2022/0326(COD)
Proposal for a decision
Recital 25 a (new)
Recital 25 a (new)
(25a) The European Innovation Partnership on Active and Healthy Ageing aims to improve the health and quality of life of the elderly in the Union and emphasizes prevention and lifelong learning. The Partnership’s dissemination of good practices on active ageing focuses on digital reskilling and upskilling, as to ensure that the elderly can fully participate in an increasingly digitalized society.
Amendment 168 #
2022/0326(COD)
Proposal for a decision
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
In line with principles 1, 4 and 5 of the European Pillar of Social Rights, contributing to the objectives set out in the 2020 European Skills Agenda and the EU headline targets set by the European Pillar of Social Rights Action Plan, the overall objective of the European Year shall be to further promote a mindset of reskilling and upskilling thereby boosting competitiveness of European companies, in particular small and medium-sized entreprises and empowering people to fully participate in society, realising the full potential of the digital and green transitions in a socially fair, inclusive and just manner. More specifically, the activities of the Year will promote skills policies and investments to ensure that nobody is left behind in the twin transition and the economic recovery, and to notably address labour shortages for a better skilled workforce in the Union that is able to seize the opportunities of this process, by:
Amendment 205 #
2022/0326(COD)
Proposal for a decision
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The measures to be taken to achieve the objectives set out in Article 2 shall be implemented through transparent, accessible and comprehensive communication, increasing general awareness among European citizens of Union reskilling and upskilling policies, bringing European institutions closer to citizens and contributing to European identity and emotion by focussing on educational institutions and traditional media and social media. The measures shall include the following activities at European, national, regional or local level, and, where relevant, in cooperation with third countries, linked to the objectives of the European Year:
Amendment 213 #
2022/0326(COD)
Proposal for a decision
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) conferences, forum discussions and further events to promote debate on the role and contribution of skills and active ageing policies to achieve competitive, sustainable and fair economic growth in light of the demographic change and to mobilise relevant stakeholders to ensure access to training is a reality on the ground;
Amendment 275 #
2022/0117(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that an application for early dismissal is treated in an accelerated procedure, within three months, taking into account the circumstances of the case and the right to an effective remedy and the right to a fair trial.
Amendment 329 #
2022/0117(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
Amendment 135 #
2022/0095(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Digitalised information about the product and its life cycle or, where applicable, its passport should be easily accessible by scanning a data carrier, such as a watermark or a quick response (QR) code. Where possible, the data carrier should be on the product itself to ensure the information remains accessible throughout its life cycle. However, exceptions are possible depending on the nature, size or use of the products concerned.
Amendment 140 #
2022/0095(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To ensure that the product passport is flexible, agile and market-driven and evolving in line with business models, markets and innovation, it should be based on a decentralised data system, set up and maintained by economic operators. However, fFor enforcement and monitoring purposes, it may be necessary that competent national authorities and the Commission have direct access to a record of all data carriers and unique identifiers linked to products placed on the market or put in service.
Amendment 161 #
2022/0095(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 (new)
Article 1 – paragraph 1 – point 1 (new)
(1) This Regulation complements Regulation (EC) No 1007/2011 to allow digital labels in addition to mandatory textile labels.
Amendment 284 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
Amendment 304 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) improve traceability of products along the value chain.;
Amendment 308 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) significantly improve the environmental sustainability of products;
Amendment 309 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c b (new)
Article 8 – paragraph 3 – point c b (new)
(cb) ensure freedom of movement on the European internal market;
Amendment 310 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c c (new)
Article 8 – paragraph 3 – point c c (new)
(cc) meet future information requirements also using up-to-date technology.
Amendment 313 #
2022/0095(COD)
(a) technical specifications are not available in relation to the essential requirements included in Article 10, regarding also second-hand products placed on the market before this regulation entered into force; or
Amendment 532 #
2022/0051(COD)
Amendment 598 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:.
Amendment 603 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 612 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 621 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 631 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 729 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘value chain’: means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream, solely up to and including the first sale, and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 880 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationship their value chains, in accordance with paragraph 2, 3 and 4.
Amendment 1563 #
2022/0051(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall ensure that, when fulfilling their demonstrable duty to act in the best interest of the company, the relevant directors of companies referred to in Article 2(1) take into account the consequences of their decisions for sustainability matters, including, where applicable, human rights, climate change and environmental consequences, including in the short, medium and long term.
Amendment 1566 #
2022/0051(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall ensure that their laws, regulations and administrative provisions providing for a breach of directors’the relevant directors’ demonstrable duties apply also to the provisions of this Article.
Amendment 1576 #
2022/0051(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that the relevant directors of companies referred to in Article 2(1) are responsible for putting in place and overseeing the due diligence actions referred to in Article 4 and in particular the due diligence policy referred to in Article 5, with due consideration for relevant input from stakeholders and civil society organisations. The relevant directors shall report to the board of directors in that respect.
Amendment 1579 #
2022/0051(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that the relevant directors take steps to adapt the corporate strategy to take into account the actual and potential adverse impacts identified pursuant to Article 6 and any measures taken pursuant to Articles 7 to 9.
Amendment 211 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘'user’' means a natural or legal person that owns, uses, rents or leases a product or receives a services;
Amendment 237 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘user’ means a natural or legal person that owns, uses, rents or leases a product or receives a services;
Amendment 344 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC, abusing its monopoly position, shall not be binding on the latter enterprise if it is unfair.
Amendment 351 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. The parties to a contract covered by paragraph 1 may not exclude the application of this Article, derogate from it, or vary its effects, unless other EU or national legislation implementing EU law allows further elaboration on contractual terms for making data available.
Amendment 394 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC, abusing its monopoly position, shall not be binding on the latter enterprise if it is unfair.
Amendment 397 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. The parties to a contract covered by paragraph 1 may not exclude the application of this Article, derogate from it, or vary its effects, unless other EU or national legislation implementing EU law allows further elaboration on contractual terms for making data available.
Amendment 455 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Each Member State shall designate one or more competent authorities as responsible for the application and enforcement of this Regulation. Member States may establish one or more new authorities or rely on existing authorities, or the competent European authority.
Amendment 649 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Each Member State shall designate one or more competent authorities as responsible for the application and enforcement of this Regulation. Member States may establish one or more new authorities or rely on existing authorities, or the competent European authority.
Amendment 5 #
2021/2255(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. Whereas the New European Bauhaus Lab will serve to reach out to society, industry and politics to connect people and find new ways of creating together;
Amendment 6 #
2021/2255(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. Whereas New European Bauhaus projects should invest in good thermal isolation to be able to partly offset rising heating costs and achieving the Paris climate agreement;
Amendment 12 #
2021/2255(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Amendment 18 #
2021/2255(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
D a. whereas The New European Bauhaus movement will include massive renovation works; whereas although asbestos has been banned in the EU since 2005, it is still often present in administrative buildings, schools, housing, infrastructure and public- transport facilities;
Amendment 22 #
2021/2255(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
D a. Whereas the New European Bauhaus must connect all Member States;
Amendment 40 #
2021/2255(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to ensure gender equality and the inclusion of minorities and people with disabilities in projects supported in the context of the New European Bauhaus; calls on the Commission to ensure accessibility to persons with disabilities in each application for the New European Bauhaus prizes, as appropriate;
Amendment 44 #
2021/2255(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses the need to support changes not only in cities but also in rural and remote areas; calls on the Commission to ensure the inclusiveness of the New European Bauhaus Lab and its participation in rural and remote areas; calls on the Commission to support projects providing inclusive job opportunities, in particular in rural and remote areas;
Amendment 46 #
2021/2255(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Highlights the need to promote the New European Bauhaus values in every Member State and in particular in low- income Member States to assist their socio-economic development;
Amendment 65 #
2021/2255(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights the importance that local and regional authorities should actively enable the take-up of the New European Bauhaus construction style as it is based on EU standards and values;
Amendment 95 #
2021/2255(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that social housing must remain affordable for people with low incomes and that New European Bauhaus could contribute to this goal;
Amendment 112 #
2021/2255(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to require Member States to ensure a minimum of 100 m² of green space per home when planning New European Bauhaus housing projects, and a minimum of one hectare of continuous green space per New European Bauhaus neighbourhood as an investment in healthy housing taking into account the lessons of the pandemic;
Amendment 126 #
2021/2255(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission and the Member States to ensure better recognition and compensation of asbestos-related and other occupational diseases to all exposed workers in order to protect the health of construction and other workers in the green transition and The New European Bauhaus;
Amendment 129 #
2021/2255(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to invest in prefabricated housing to quickly reduce housing shortages;
Amendment 131 #
2021/2255(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on the Commission and the Member States to significantly increase their focus on prevention strategies such, for example by strengthening labour inspectorates, national health and safety services and social partner dialogue to ensure that all employees have a right to the highest level of health and safety protection possible in the implementation of The New European Bauhaus;
Amendment 276 #
2021/2253(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas quality care work is a skilled occupation, and demand for skilled care workers will only increase in the coming years;
Amendment 515 #
2021/2253(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Emphasises that the increase of care needs, due to the aging of the European population, demands a joint EU approach to address the challenges, and calls for a concrete European strategy on preventive healthcare as part of the solution to the growing pressure on the healthcare system;
Amendment 604 #
2021/2253(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 708 #
2021/2253(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to establish a comprehensive set of indicators for long-term care, and corresponding targets and tools for monitoring the accessibility, affordability and quality of care, especially taking into account vulnerable groups such as the elderly and people with disabilities, similar to the Barcelona objectives for childcare;
Amendment 756 #
2021/2253(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Member States and relevant authorities to recognise the pivotal role of informal carers and to integrate them into regular health and care teams;
Amendment 784 #
2021/2253(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges the Commission to propose a common coherent package of actions at EU level on informal care, to identify and recognise the different types of informal care provided in Europe, and to guaranteeto consider the formalisation of informal care, and to guarantee a certain minimum standard of rights, carers financial support and other additional support services, including time off for carers, and a work-life balance and, rehabilitation services for carers and care recipients and access to specific psychological support for carers;
Amendment 884 #
2021/2253(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Member States to evaluate how market forces affect the healthcare system, and stresses the utmost importance of the affordability, quality and accessibility of care;
Amendment 66 #
2021/2251(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that Member States must adopt reforms and include investments in the next generation, children and youth in line with the objectives of the Child Guarantee and reinforced Youth Guarantee; recalls that there is RRF funding expressly available for the development of education, training and skills, particularly digital skills; stresses that these investments should also be available to the elderly in the spirit of lifelong learning and promotion of social inclusiveness; stresses, further, the importance of the mutual recognition of skills, qualifications and competences in fostering labour mobility;
Amendment 92 #
2021/2233(INI)
Motion for a resolution
Recital I
Recital I
I. whereas skilled workers, education, training and further trailifelong learning are of key importance for markets4 ; __________________ 4 Report by SME United, Business Europe and SGI Europe of 13 October 2021 entitled ‘Annual sustainable growth strategy 2022: Social partners’ consultations – Employers’ views.
Amendment 182 #
2021/2233(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that 22.4 % of the EU population is at risk of poverty or social exclusion, of which 18.2% are over 65 years old and 24.9 % are children6 ; stresses that the COVID-19 pandemic makes the child guarantee even more important; calls on the Commission to be more active in combating poverty, especially child povamong children and the eldertly; __________________ 6European Commission web page entitled ‘Poverty and social exclusion’, accessed on 10 January 2022.
Amendment 44 #
2021/2185(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Following the adoption of the Geo- blocking Regulation (EU) 2018/302, notes the Commission’s first short-term review of the Geo-blocking Regulation, which shows, in particular, that the demand for cross-border access to audio-visual services is increasing; calls on the Commission to continue to actively monitor and remove – with a pro- consumer approach allowing consumers to shop seamlessly across the EU – unjustified geo-blocking and other persistent restrictions on cross-border online sales; welcomes in this context the Commission’s decision to launch a stakeholder dialogue on improving the access to and availability of audiovisual content across Member States and hopes that it will produce tangible results for EU citizens; calls on the Commission to consider proposing appropriate legislative measures in case these results are not delivered by the end of 2022;
Amendment 19 #
2021/2062(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas combating age discrimination and removing barriers for senior citizens to voluntarily work beyond the regular pension age is important for active ageing and more solidarity between generations;
Amendment 35 #
2021/2062(INI)
Motion for a resolution
Recital D
Recital D
D. whereas young people have experienced the sharpest decline in employment15 and unemployment among elderly people and people with disabilities remains a significant problem; whereas workers with precarious employment conditions have been particularly exposed to job losses because of the pandemic; _________________ 15 https://www.eurofound.europa.eu/nb/publi cations/report/2021/covid-19-implications- for-employment-and-working-life
Amendment 7 #
2021/2046(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the role and incentivcrucial role of the protenctialon of intellectual property rights for smart mobilitythe further development of the sustainable and smart mobility sector in the EU, which is a fast-growing and innovative sector with a major societal impact; calls on the Commission to continue to incentivise R&D in multi modal transport and Mobility as a Service (MAAS) applications by providing public funding and safeguarding intellectual property rights;
Amendment 10 #
2021/2046(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b Considering that for the further development of sustainable and smart mobility, the principles of safety, sustainability, efficiency and legal certainly are crucial;
Amendment 14 #
2021/2046(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 23 #
2021/2046(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports the use of human centric artificial intelligence forin the transport of the future, with features such as predictsustainable and smart mobility sector, whilst calling for European legislation regarding liability of artificial intelligence driven maintenance, while continuing to pay attention to the ceans of transport in order to ensure safety and legal certainty, which is crucial in the transport sector where technologies, like self-driving cars, in case of an imminent accident, may take decisions that could potentriality of the human factorly harm humans;
Amendment 47 #
2021/2046(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. NoteInsists that a digital ticketing system at European level is not an appropriate solution for the local level, as it risks diverting customers away from local companies and towards international platforms,ll companies providing transport services in the EU should be entitled to sell through a digital ticketing system at European level at fair conditions; insists thusat also limiting the ability of local authorities to manage mobility in their territoryl user data should be stored on a server located in the EU;
Amendment 48 #
2021/2046(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes, in order to achieve higher levels of road safety, capacity and further reduce emissions, the importance of prospectively requiring the implementation of mandatory and interoperable ‘vehicle to x’ communications capabilities in all new vehicles for road transport; adds that a high level of cybersecurity is of great importance for the functioning and the further development of the sustainable and smart mobility sector;
Amendment 48 #
2021/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the derogation from the prohibition of chemicals that are carcinogenic, mutagenic or toxic to reproduction (CMRs) set out in the TSD allows for the presence of those chemicals in concentrations that are too high to ensure the protection of children; calls on the Commission urgently to substantially reduce the generic limits for derogated CMRs in the TSD; insists that, in line with the Chemicals Strategy for Sustainability, the possibility to derogate from the rules on the presence of CMRs in parts of the toy that are inaccessible to the child should be deletedreconsidered when a substitute for CMRs is available for these applications;
Amendment 79 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, publishers, academics, civil society and NGOs which engage in the protection of media freedom, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases against independent journalists and media include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;
Amendment 152 #
2021/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation also has an important role to play in the proper functioning of the internal market, as it is often through public participation that breaches of Union law, corruption and other unlawful practices threatening the proper functioning of the internal market are made known to the public;
Amendment 163 #
2021/2036(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that SLAPPs constitute a misuse of Member States’ justice systems and legal frameworks, especially for successfully addressing ongoing common challenges outlined in the Justice Scoreboard, such as caseload administration and case backlogs; recalls that a properly functioning justice system delivers judgements without undue delay, and manages judicial resources so as to maximise efficiency, and that this is only possible where judges and judicial bodies are not burdened with the handling of unfounded claims that are later on dismissed as abusive and lacking in legal merit;
Amendment 196 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, publishers, academics, civil society and NGOs which engage in the protection of media freedom, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self-censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 223 #
2021/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, publishers, academics, civil society and NGOs which engage in the protection of media freedom, and to ensure that fundamental rights are upheld in the Member States;
Amendment 259 #
2021/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Affirms that legislative measures at Union level could be based on Article 81 of the TFEU (for cross-border civil lawsuits) and Article 82 of the TFEU (for threats ofcriminal lawsuits in cross-border cases), and separately on Article 114 of the TFEU to protect public participation in order to ensure the proper functioning of the internal market by exposing corruption and other distorunlawful actions; asserts that the latter measure could also address attemptsgenuine, present and sufficiently serious threats made in order to prevent investigation and reporting on breaches of Union law using the same legal base as Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);
Amendment 273 #
2021/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, publishers, academics, civil society and NGOs which engage in the protection of media freedom in preventing breaches of Union law and, thus also ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest;
Amendment 292 #
2021/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to present a proposal for a measure that develops judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for rules on the dismissal of abusive lawsuits and other actions in court that have the clear purpose of preventing public participation, which should include sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damages; calls on the Commission, further, to address questions giving rise to forum shopping and libel tourism in a forthcoming review of the Brussels I and Rome II Regulations;
Amendment 302 #
2021/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a proposal for measures to ensure that defamation, libel and slander, which constitute criminal offences in most Member States, cannot be used for SLAPPs, including through private prosecution; underlines the calls of the Council of Europe and OSCE for the decriminalisation of defamation; invites the Commission to address the question of thegenuine, present and sufficiently seriousness of threats of SLAPPs in a legislative proposal; notes that defendants often face criminal charges while at the same time being sued for civil liability allegedly arising from the same conduct;
Amendment 307 #
2021/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Declares that the protection of legitimate rights arising from Union law must be ensured by Member State courts and cannot be jeopardised, including the rights which are routinely cited in abusive lawsuits; defends at the same time and without prejudice to such protectionunderlines, therefore, that the anti-SLAPP measures should be without prejudice to legitimate court actions and claimants' right of access to justice; defends at the same time, that it is necessary to prevent any abusive use of those rights in a manner which is manifestly contrary to the legislators’ intention when conferring them upon natural or legal persons; considers that, to that end, safeguards are needed not only in order to protect the victims of SLAPPs, but also to prevent and sanction the abuse and/or misuse of those safeguards provided against SLAPPs; notes that preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectiveness;
Amendment 310 #
2021/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Declares that due and timely process and the protection of legitimate rights arising from Union law must be ensured by Member State courts, including by introducing a mandatory SLAPP check upon request of one of the parties before hearing the case, and cannot be jeopardised, including the rights which are routinely cited in abusive lawsuits; defends at the same time and without prejudice to such protection, that it is necessary to prevent any abusive use of those rights in a manner which is manifestly contrary to the legislators’ intention when conferring them upon natural or legal persons; considers that preventing such abuse is equally necessary for the correct and uniform application of Union law, thereby safeguarding its effectiveness;
Amendment 323 #
2021/2036(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that support for independent bodies that can hear complaints and provide assistance to potential victims of SLAPPs and adequate training of judges and lawyers can substantively contribute to building knowledge and capacity in how to detect and deal with SLAPPs and the threat of SLAPPs that are to be considered genuine, present and sufficiently serious;
Amendment 355 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 3
Annex – point 1 – part II – indent 3
Amendment 378 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part I – point b
Annex – point 2 – part I – point b
(b) unlawful practices that threaten the proper functioning of the internal market.
Amendment 382 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part II – point b
Annex – point 2 – part II – point b
(b) the prohibition of retaliation and effective penalties against SLAPP actions and against the abuse of the anti-SLAPP safeguards;
Amendment 400 #
2021/2036(INI)
(a) the obligation for the claimant in cases concerning public participation to specify and provide means of proofjustification of why the action is not abusive;
Amendment 405 #
2021/2036(INI)
(d) the possibility for third parties to intervene and subrogate to the defendant’s rights and obligations according to national procedural law;
Amendment 425 #
2021/2036(INI)
Motion for a resolution
Annex – point 4 – point b
Annex – point 4 – point b
(b) specify that private prosecution cannot be used to silence journalists, publishers, academics, civil society and NGOs;
Amendment 210 #
2021/0381(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) In view of the importance of political advertising for transparent democracies in the Union and stability of its internal market, all political actors should have equal access to political advertising. Therefore, Member States should, inter alia, financially support all political actors equally in political advertising.
Amendment 772 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. In the case of fines, the maxinimum amount of penalties shall be at least 4 for infringements of the general product safety requirements shall be 5,000 euros per product unit placed on the market or 12,5% of the economic operator’s or, where applicable, the online marketplace’s annual turnover in all the Member State or Member States concs where the products are offerned for sale.
Amendment 42 #
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 the same quality of service, including with regard to an instant and seamless handover between mobile communications networks at internal EU borders, as compared to 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 127 #
2021/0045(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Roaming providers shall ensure, when technically feasible, that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically, in particular in terms of quality of service, including with regard to an instant and seamless handover between mobile communications networks at internal EU borders, as compared to when roaming domestically.
Amendment 143 #
2021/0045(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Any fair use policy shall enable the roaming provider’s customers to consume volumes of regulated retail roaming services at the applicable domestic retail price that are consistent withplicate their respective tariff plans.
Amendment 166 #
2021/0045(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 21,00 per gigabyte of data transmitted. That maximum wholesale charge shall decrease to EUR 1,500,75 per gigabyte of data transmitted on 1 January 20254. On 1 January 2025 the maximum average wholesale charge shall decrease to EUR 0,50 per gigabyte and shall, without prejudice to Articles 21, 22 and 23 remain at EUR 10,50 per gigabyte of data transmitted until 30 June 2032 .
Amendment 198 #
2021/0045(COD)
Proposal for a regulation
Article 17 – title
Article 17 – title
Database for numbers of value added service and means of access to emergency services
Amendment 71 #
2020/2216(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that AI can help to facilitate active and healthy ageing, so that elderly people can remain active in our society and on the labour market longer, if they wish so;
Amendment 102 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that the use of AI applications, algorithms and process development affecting all aspects of work and workers’ rights, such as recruitment processes, must not discriminate against workers and vulnerable groups including elderly workers, or reinforce inequalities on the pretext of gender, age, disability or nationality;
Amendment 115 #
2020/2209(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the fact that as part of the Strategy for the Rights of Persons with Disabilities 2021-2030, an EU-wide Disability Card will be available by the end of 2023; ensuring that every EU citizen and resident covered by it has the same rights as nationals and residents of the Member State where they are temporarily staying will be available by the end of 2023 and calls on the Commission to ensure that older people with reduced mobility are also covered through this card, therefore to be renamed 'European Disability and Elderly Card';
Amendment 120 #
2020/2209(INI)
Draft opinion
Paragraph 3 – subparagraph 1 (new)
Paragraph 3 – subparagraph 1 (new)
Notes that in some EU-countries where a Disability Card has already been introduced, there have been reports of misuse, sometimes leading to negative consequences for persons truly eligible; therefore stresses the need to raise awareness at all levels and take measures to prevent misuse of the new EU-wide European Disability Card;
Amendment 141 #
2020/2209(INI)
Draft opinion
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
Notes that in an emergency situation, general escape routes may not be suitable for elderly people and people with disabilities; therefore welcomes that a specific escape route designation for disabled people is expected to be included in an ISO standard in 2022 and calls on the Member States to introduce a specific escape route designation for disabled and elderly people for use in public buildings in their national legislation;
Amendment 24 #
2020/2079(INI)
Motion for a resolution
Citation 69 a (new)
Citation 69 a (new)
- having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis2, ______________________________ 2 Text adopted, P9_TA(2020)0176.
Amendment 158 #
2020/2079(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that in the current crisis, the Stability and Growth Pact has proven to be inadequate, not allowing Member States the fiscal spac Member States remain fully committed to the Stability and Growth Pact and welcomes their decision to make use of the general escape clause to ensure they need to absorb imbalances and mitigate the social consequences, which maded flexibility to take all necessary measures to support the the activation of the escape clause necessary; demands that social and ecological objectives be given the same legal enforceability as fiscal consolidation and financial stabilityalth of the European citizens and civil protections systems and to stabilise the European social market economy; asks for better integration and strengthening of the role of the social and ecological objectives;
Amendment 185 #
2020/2079(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes Next Generation EU, the EU’s recovery plan; calls on the Member States to make use of the general escape clause and invest in people and social welfare systems, without endeavouring fiscal sustainability and remaining committed to respect the Stability and Growth Pact; calls for specific social progress plans to ensure more effective and stronger welfare states;
Amendment 214 #
2020/2079(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and Member States to ensure that financial assistance is only provided to undertakings not registered in tax havens;he countries listed in the Annex 1 of the Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes; 1a __________________ 1aCouncil conclusions (6129/20) on the revised EU list of non-cooperative jurisdictions for tax purposes of 18 February 2020
Amendment 223 #
2020/2079(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to improve the scoreboard by integrating further indicators and clear targets reflecting all 20 principles of the EPSR, and to develop mandatory social targetsbuild upon existing indicators and reinforce the scoreboard by reflecting all 20 principles of the EPSR;
Amendment 237 #
2020/2079(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned about the increased rate of unemployment, which will especially affect youth and workers in low- skilled positions and precarious employment; calls on the Commission to elaborate on the possibility of proposeing a permanent EU unemployment reinsurance scheme and a more effective and inclusive Youth Guarantee with high-quality offers of work, training and education; calls on the Member States to adequately invest in effective active labour market policies to prevent long-term unemployment;
Amendment 254 #
2020/2079(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the successful implementation of the EU Recovery Plan requires a proper social dialogue at all levels and effective involvement of the social partners; calls on the Commission and Member States to support capacity building of the social partners in order to strengthen social dialogue and collective bargaining;
Amendment 284 #
2020/2079(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the Commission to propose legal instruments to ensure decent working conditions for all workers, strengthen collective bargaining coverage, ban zero- hour contracts, end bogus self- employment, set strict limits on subcontracting practices, and improve social protection standards; calls on the Commission to present a European directive on decent working conditions for platform workers and, non-standard workers and workers in precarious forms of employment;
Amendment 289 #
2020/2079(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is concerned about the working and living conditions of seasonal workers and other cross-border workers in the low-wage sector; calls for an EU-wide subcontractor liability in certain sectors like agriculture and meat industry, especially in the case of on-site work contracts, and clear rules on subcontracting practices in general;
Amendment 303 #
2020/2079(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for an EU teleworking agenda, including a legislative proposalframework to ensure decent working conditions including respect for working hours, leave and the right to disconnect;
Amendment 306 #
2020/2079(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Pays attention to the fact that flexible working arrangements and tele- working also play an important role in preserving jobs and production and are one of the key factors in supporting better work-life balance;
Amendment 313 #
2020/2079(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Asks the Commission to put forward a proposal for a digital EU Social Security Number to facilitate fair labour mobility;
Amendment 316 #
2020/2079(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is concerned about limited intergenerational social mobility and increasing income inequality; stresses that national tax and benefit systems must be designed in a way that reduces inequalities, promotes fairness and provides incentives for labour market participation; Therefore, taxation should be shifted away from labour towards other sources where it will have a less harmful effect on inclusive growth and at the same time ensure the full alignment with the United Nations Sustainable Development Goals and the climate and environmental objectives as defined in the European Green Deal;
Amendment 331 #
2020/2079(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to present an EU child guarantee in 2020, a rights- based,as soon as possible, a comprehensive and integrated anti- poverty strategy, an EU framework on national homelessness strategies, to conduct a comparative study on the different minimum income schemes in the Member States, and to highlight best practice cases with a view to presenting a framework in this regard;
Amendment 379 #
2020/2079(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to update the Skills Agenda for Europe in order to meet the skills requirements of the EU labour market and of the ecological and digital transition; underlines that supporting adequate skills with emphasis on digital skills will improve the productivity and resilience of the labour force easing the ecological and digital transition towards a greener and smarter economy;
Amendment 403 #
2020/2079(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Member States to actively promote the development of the circular and social economy, foster social innovation, social enterprises and strengthen their sustainability, and encourage those forms of work which create quality job opportunities;
Amendment 19 #
2020/2076(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 20 #
2020/2076(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Believes that the rules that govern competition in the EU should be modernised, so as to be adequate for both the European single market and the global economic context, enabling the formation of 'European champions' able to compete and succeed globally, supporting the EU and it's Member States to maintain technological leadership and gain digital and technological sovereignty and to block hostile takeovers of strategic EU companies by non-EU state- or state backed actors;
Amendment 68 #
2020/2076(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the significant role public procurement plays in shaping the trajectory of European industry, and stresses that enforcing the principles of reciprocity between EU- and non-EU countries and a level playing field between EU- and non-EU companies and their products, for example regarding state aid, environmental rules and child labour, should be a precondition for participating in public procurement tenders throughout the EU; also underlines the necessity for further simplification of public procurement procedures for both EU companies and EU governments;
Amendment 74 #
2020/2076(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that the rules that govern competition in the EU should be further reflected uponmodernised, so as to be adequate for both the European single market and the global economic context; , enabling the interim, calls on the Commission to ensure that the temporary frameworks approved for state aid do not distort competition within the Single Market in the medium to long termformation of 'European champions' able to compete and succeed globally, supporting the EU and its Member States to maintain technological leadership, to gain digital and technological sovereignty and to block hostile takeovers of strategic EU companies by non-EU state- or state- backed actors;
Amendment 110 #
2020/2076(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses the importance of lifelong learning for employees, companies, governments and EU institutions alike, to be able to respond in the best ways possible to today's challenges with up-to- date knowledge and skills.
Amendment 36 #
2020/2026(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that NPOs often provide employment opportunities for persons with disabilities and for older people, as well as for persons from other disadvantaged groups and those with a migrant background; emphasises that NPOs help to ensure that these target groups can continue to participate in and be included in society;
Amendment 14 #
2020/2023(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that Brexit must stand as a cautionary tale to the EU27 that mainly focussing on rational economic policy cooperation might cause more exits; therefore the European Institutions and the Member States together should, also through effective communication instruments, work on fostering a common European emotion and identity, complementary to national and regional identities;
Amendment 167 #
2020/2019(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recommends, therefore, that the Digital Services Act includes legal provisions preventing systemic platforms to access competitively sensitive third party vendor data in their capacity as a platform and then use that data in their capacity as a vendor to sell products or services in competition with those third parties;
Amendment 206 #
2020/2019(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Strongly recommends that smart contracts include mechanisms that can halt their executionenabling consumers and businesses to halt and reverse their execution and related payments, in particular to take account of concerns of weaker parties, in case of fraud and to ensure that the rights of creditors in insolvency and restructuring are respected;
Amendment 83 #
2020/2018(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need to remove the remaining unjustified obstacles to the Digital Single Market and avoid protectionist measures, which are sometimes used by Member States to boost national competitiveness;
Amendment 134 #
2020/2018(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market; believes that the EU should focus on removing obstacles in the Digital Single Market and on ensuring consumer rights protection as one of the main objectives of the reform of the E- Commerce Directive; considers that consumer trust needs to be ensured;
Amendment 1 #
2020/2017(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that artificial intelligence (AI) and related technologies are a tool to serve the people and that algorithmic systems can enable access to information, including listings of different kinds of cultural objects; notes the risks of intellectual property rights (IPR) infringement when blending AI and different technologies with a multiplicity of sources (documents, photos, films) and calls for the use of AI to ensure a high level of IPR protection within the current legislative framework, for example by alerting individuals and businesses if they are in danger of inadvertently infringing the rules or assisting IPR rightholders if the rules are actually infringed;
Amendment 11 #
2020/2017(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the European Commission to realise the full potential of artificial intelligence (AI) for the purposes of improving communication with citizens, through cultural and audiovisual online platforms for example, keeping them informed of what is happening at decision-making level, narrowing the gap between the EU and the grass roots and promoting social cohesion between EU citizens;
Amendment 15 #
2020/2017(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the European Commission, the Member States and the business community to actively and fully exploit the potential of AI in providing the facts and combating fake news, disinformation, xenophobia and racism on cultural and audiovisual online platforms, while at the same time avoiding censorship;
Amendment 17 #
2020/2017(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes that the independence of the creative process raises issues related to ownership of intellectual property rights; considers, in this connection, that it would not be appropriate to seek to impart legal personality to AI technologies;
Amendment 18 #
2020/2017(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Notes that AI can play an important role in promoting and protecting our European and national cultural diversity, especially when used by audiovisual online platforms in promoting content to customers;
Amendment 31 #
2020/2017(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that AI-improved image recognition software could vastly enhance the ability of educational facilities and relevant actors to provide and develop modern and, innovative and high-quality schooling methods and step up the digital literacy and e-skills of the entire population, while ensuring the use of quality sources and respecting the protection of IPRs;
Amendment 44 #
2020/2017(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that the interaction between AI and the creative industries is complex and requires an in-depth assessment; welcomes the ongoing study ‘Trends and Developments in Artificial Intelligence - Challenges to the IPR Framework’ and the ‘Study on Copyright and New technologies: copyright data management and Artificial Intelligence’; underlines the importance of clarifying the conditions of use of copyright-protected content as data input (images, music, films, databases etc.) and in theboth by humans using AI and for the independent AI-generated production of cultural and audiovisual outputs;
Amendment 36 #
2020/2014(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that any revision of the existing liability framework should aim to further harmonise liability rules in order to avoid fragmentation of the single market; asks the Commission to assess whether a Regulation on general product liability could contribute to this aim; stresses, however, the importance of ensuring that Union regulation remains limited to clearly identified problems for which feasible solutions exist and leaves room for further technological developments;
Amendment 42 #
2020/2014(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to assess whether definitions and concepts in the product liability framework need to be updated due to the specific characteristics of AI apprevise the product liability framework by taking into account the specific challenges of digitalicsations for liability law such as complexity, autonomy and opacconnectivity, openness, autonomy, opacity (un)predictability, data- drivenness and vulnerability;
Amendment 50 #
2020/2014(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to scrutinise whether it is necessary to include software inclarify the definition of ‘products’ under the Product Liability Directive and to update concepts such, by determining whether digital content and digital services fall under its scope and to consider adapting such concepts as ‘producer’, ‘damage’ and ‘defect’, and if so, to what extent; asks the Commission to also examine whether the product liability framework needs to be revised in order to protect injured parties efficiently as regards products that are purchased as a bundle with related services;
Amendment 66 #
2020/2014(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to evaluate whether and to what extent the burden of proof should be reversedconsider adapting the rules governing the burden of proof for harms caused by emerging digital technologies, in order to empower harmed consumers while preventing abuse and providing legal claricertainty for businesses;
Amendment 226 #
2020/0374(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) To prevent further reinforcing their dependence on the core platform services of gatekeepers, the business users of these gatekeepers should be free in promoting and choosing the distribution channel they consider most appropriate to interact with any end users that these business users have already acquired through core platform services provided by the gatekeeper or through other channels. An acquired end user is an end user who has already entered into a contractual relationship with the business user. Such contractual relationships may be on either a paid or a free basis (e.g., free trials, free service tiers)and may have been entered into either on the gatekeeper’s core platform service or through any other channel. Conversely, end users should also be free to choose offers of such business users and to enter into contracts with them either through core platform services of the gatekeeper, if applicable, or from a direct distribution channel of the business user or another indirect distribution channel such business user may use. This should apply to the promotion of offers and conclusion of contracts between business users and end users. Moreover, the ability of end users to freely acquire content, subscriptions, features or other items outside the core platform services of the gatekeeper should not be undermined or restricted. In particular, it should be avoided that gatekeepers restrict end users from access to and use of such services via a software application running on their core platform service. For example, subscribers to online content purchased outside a software application download or purchased from a software application store should not be prevented from accessing such online content on a software application on the gatekeeper’s core platform service simply because it was purchased outside such software application or software application store.
Amendment 264 #
2020/0374(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control or with which they have entered into cooperation agreements or which they prefer due to other reasons unrelated to their service’s actual relevance, which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating onusing that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked inwithin or along the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which armay be considered or used by certain end users as a service distinct or additional to the online search engine. Such preferential or embedded display of a separate online intermediation service shall constitute a favouring irrespective of whether the information or results within the favoured groups of specialised results may also be provided by competing services and are as such ranked in a non-discriminatory way. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
Amendment 274 #
2020/0374(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In such situations of a conflict of interest, the gatekeeper should not partly or entirely embed such distinct product or service in online search engines results or groups of results. However, it may rank its products or services, provided that it does not engage in any form of differentiated or preferentialted treatment in ranking on the core platform service, whether through legal, commercial or technical means, in favour of products or services it offers itself or through a business user which it either controls. To ensure that this obligation is effective, it should also be ensured that the conditions that apply to such ranking are also generally fair or cooperates with or prefers for any other reason. In particular, where a gatekeeper’s online search engine results page includes the ranking of separate products or services, third parties shall be afforded equal opportunity to rank their product or service in the same formatand on the same terms and conditions. Should this take place in exchange for remuneration, to avoid any conflict of interest, the gatekeeper’s separate product or service shall be treated as a separate commercial entity and shall be commercially viable as as tand-alone service, offered outside of the gatekeeper’s core platform service. To ensure that this obligation is effective, it should also be ensured that the conditions that apply to such ranking are also generally fair and the gatekeeper's own products or services do not have more access to information about the ranking or any other competition-relevant aspects than products or services of third parties. Ranking should in this context cover all forms of relative prominence, including among others order, graphic display, rating, linking or voice results. To ensure that this obligation is effective and cannot be circumvented it should also apply to any measure that may have an equivalent effect to the differentiated or preferential treatment in ranking. Such an equivalent effect can for instance be achieved by ad formats that are used by users in a similar manner to the gatekeeper's or third parties' online intermediation services, or that benefit the gatekeeper in a similar manner to the preferential treatment in ranking itself (e.g., in terms of financial gains, user access/traffic or data access). The guidelines adopted pursuant to Article 5 of Regulation (EU) 2019/1150 should also facilitate the implementation and enforcement of this obligation.34 _________________ 34Commission Notice: Guidelines on ranking transparency pursuant to Regulation (EU) 2019/1150 of the European Parliament and of the Council (OJ C 424, 8.12.2020, p. 1).
Amendment 309 #
2020/0374(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In particular gGatekeepers which provide access to software application storcore platform services serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application storcore platform services, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, data usage conditions or conditions related to the licensing of rights held by the business user that would be unfair or lead to unjustified differentiation. Pricing or other general access or treatment conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access or treatment conditions: prices charged or conditions imposed for the same or similar services by other providers of software application storcore platform services; prices charged or conditions imposed by the provider of the software application storecore platform services for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application storecore platform services for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application storecore platform services for the same service the gatekeeper offers to itself. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application storcore platform services to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].
Amendment 471 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘Business user’ means any natural or legal person acting in a commercial or professional capacity using core platform services for the purpose of or in the course of providing goods or services to end users;
Amendment 479 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18 a) ‘Search results’ is any information in any format, including texts, graphics, voice or other output, returned in response and related to a written or oral search query, irrespective of whether the information is an organic result, a paid result, adirect answer or any product, service orinformation offered in connection with, or displayed along with, or partly orentirely embedded in, the organic results;
Amendment 500 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
Amendment 521 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(c a) the criterion in paragraph 1(c a) if it meets the thresholds in points (a) and (b) and point (c) and there is a multi- platform integration with at least two core platform services of the provider or a dual role by the provider;
Amendment 625 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow business users to promote any offers within the core platform service to end users acquired via the core platform service or through other channels, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper;
Amendment 697 #
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 setting their core platform services as default;
Amendment 739 #
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 or display services 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; where a gatekeeper’s online search engine results page includes the display of separate products or services, third parties shall be afforded equal opportunity to provide this product or services in exchange for remuneration; to avoid any conflicts of interest, the gatekeeper’s product or service shall be treated as a separate commercial entity and shall be commercially viable as a stand-alone service; exclusionary agreements between gatekeepers should be forbidden; if the gatekeeper has a monopoly, it should be closely observed by and under the scrutiny of the European Network of Digital Regulators (Art. 31a);
Amendment 808 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point j
Article 6 – paragraph 1 – point j
(j) provide to any third party providers of online search engines, upon their request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper, subject to anonymisation for the query, click and view data that constitutes personal data; forbid constraints on publishers’ access to dominant advertising platforms and search feeds;
Amendment 812 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access and treatment for business users to its software application store designated pursuant to Article 3 of this Regulationcore platform services, in particular to its software application store, online search engine, browser, operational system, single sign- on system, online payment service and to its online social networking service designated pursuant to Article 3 of this Regulation. In all of these cases, the freedom of choice, interoperability and the acceptance of certificates must be guaranteed.
Amendment 818 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(k a) participate in a binding arbitration procedure when there is no agreement in a dispute about the fairness of a price or remuneration for the use of copyright or similar protected content. The procedure about the issue of remuneration and price should start, if the parties have not reached an agreement about terms for resolving the issue of remuneration and pricing within 3 months after one party has asked to start a negotiation or about one party’s refusal to negotiate. In the case of a dispute with press publishers, all involved stakeholders need to be considered. In such a case, media companies are allowed to participate in collective bargaining. If any stakeholder is left out of the negotiations by the gatekeeper, this invalidates all other agreements. If gatekeepers decide to withdraw particular selected news services from the EU internal market due to content disputes, they need to withdraw their entire news service.
Amendment 839 #
2020/0374(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Compliance with obligations for gatekeepers and regulatory dialogue
Amendment 841 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The measures implemented by the gatekeeper to ensure compliance with the obligations laid down in Articles 5 and 6 shall be effective in achieving the objective of the relevant obligation and the objectives of this Regulation, namely safeguarding contestability and fairness for consumers as well as business users. The gatekeeper shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and, Directive 2002/58/EC, the Regulation on a Single Market for Digital Services, and with legislation on cyber security, consumer protection and product safety, as well as intellectual property rights and Directive (EU) 2016/943.
Amendment 851 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission findconsiders that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, domay not ensure effective compliance with the relevant obligations laid down in Article 6, it may by decisions 5 and 6, it shall open proceedings pursuant to Article 18 where it may by decision, following regulatory dialogue to facilitate compliance by the gatekeeper and expedite the implementation of this Regulation, specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18.
Amendment 1012 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulaeffective. The measures must be aimed at bringing the infringement found to an end, depriving the gatekeeper of the benefits derived from the infringement and ensuring that the infringement does not have restrictive effects on competition. The Commission shall conclude its investigation by adopting a decision within twelve months from the opening of the market investigation.
Amendment 1140 #
2020/0374(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a European Network of Digital Regulators The Commission shall establish a European Network of Digital Regulators in the form of an Expert Group, consisting of the representatives of competent competition authorities of all the Member States and the Commission.
Amendment 1143 #
2020/0374(COD)
Proposal for a regulation
Article 31 b (new)
Article 31 b (new)
Article 31 b Tasks of the European Network of Digital Regulators The expert group shall have the following tasks: (a) to facilitate cooperation and coordination between the Commission and Member States in their enforcement actions by promoting the exchange of information and best practices about their work and decision-making principles and practices with the aim of developing a consistent regulatory approach and avoiding conflicting decisions; (b) to assist the Commission by means of advice, opinions, analysis and expertise in monitoring compliance with this Regulation; (c) to make recommendations to the Commission on the need to conduct market investigations under Articles 14, 15, Article 16 and 17; (d) to make recommendations to the Commission on the need to update the obligations of the Regulation under Articles 5 and 6; (e) to provide advice and expertise to the Commission in the case of acquisitions of market competitors; (f) to provide advice and expertise to the Commission in the preparation of legislative proposals and policy initiatives including under Article 38; (g) to provide advice and expertise to the Commission in the preparation of delegated acts; (h) where necessary, to provide advice and expertise in the early preparation of implementing acts, before submission to the committee in accordance with Regulation (EU) N°182/2011; (i) to maintain a publicly accessible electronic register of gatekeeper designation decisions adopted by the Commission under Article 3; and (j) at the request of the Commission, to provide technical advice and expertise before the adoption of a specification decision under Article 7.
Amendment 1150 #
2020/0374(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a 1. The Commission and the competition authorities of the Member States shall cooperate closely to ensure that markets in which gatekeepers operate are and remain contestable and fair. 2. The Commission shall provide the competition authorities of the Member States with a copy of the main documents it has collected on the application of Articles 3, 4, 7 to10, 15, 16, 18 and 22 to 27. The Commission shall, upon request, transmit to the competition authority of a Member State a copy of other existing documents necessary for the assessment of the case. 3. For the purposes of cooperation in the application of this Regulation and Articles 101 and 102of the Treaty on the Functioning of the European Union, the Commission and the competition authorities of the Member States shall have the power to communicate to each other factual or legal circumstances, including confidential information, and to use such information as evidence. The information exchanged shall be used as evidence only for the purpose of applying Article 101 or 102 of the Treaty on the Functioning of the European Union and in relation to an object of investigation under this Regulation. 4. The competition authorities of the Member States may consult the Commission on any case involving the application of the competition rules of Union law to gatekeepers.
Amendment 91 #
2020/0361(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Information society services and especially intermediary services have become an important part of the Union’s economy and daily life of Union citizens. Twenty years after the adoption of the existing legal framework applicable to such services laid down in Directive 2000/31/EC of the European Parliament and of the Council 25, new and innovative business models and services, such as online social networks and marketplaces, have allowed business users and consumers to impart and access information and engage in transactions in novel ways. A majority of Union citizens now uses those services on a daily basis. However, the digital transformation and increased use of those services has also resulted in new risks and challenges, both for individual users and for society as a whole. _________________ 25Directive 2000/31/EC of the European Parliament and of the Couin the form of financial of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1)fraud and scams on social networks, and for society as a whole.
Amendment 120 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalkinganonymous online bullying and stalking, online financial fraud, the sale of non- compliant or counterfeit products, the non- authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 151 #
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, including online financial transactions, 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, including online financial transactions, 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 249 #
2020/0361(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service, in facilitating public debate, economic and financial transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result.
Amendment 385 #
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 activity, including financial fraud, the sale of products or provision of services is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
Amendment 421 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Amendment 525 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shall designate, in writing, a legal or natural person as their legal representative in one of the Member States where the provider offers its services. The Member States may require very large online platforms to designate a legal representative in their Member State.
Amendment 129 #
2020/0353(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Interoperability of chargers within specific categories of products could reduce unnecessary waste and costs for the benefit of consumers and other end- users. It should be possible therefore to recharge batteries for products such as electric vehicles, light means of transport, IT,telecommunications and consumer equipment, such as mobile phones and tablets, printers and laptops, as well as electric or electronic tools such as gardening tools or power drills, by making use of common chargers that allow interoperability within each category of products. A common charger specifically for small and medium sized electronic devices, like mobile phones and tablets, should be introduced at an earlier stage as per revision of the Directive 2014/53/EU on the harmonization of the laws of the Member States relating to the making available on the market of radio equipment.
Amendment 187 #
2020/0353(COD)
Proposal for a regulation
Recital 89
Recital 89
(89) Producers and distributors should be actively involved in providing information to end users that batteries should be collected separately, that collection schemes are available and that end users have an important role in ensuring an environmentally optimal management of waste batteries, in particular by explaining how safer and cleaner waste streams could contribute to the reduction of waste exports to third countries and closed materials loops within the Union. Provisions to that aim, together with a ban on the export of waste portable batteries, waste electric vehicle batteries, waste automotive batteries and waste industrial batteries could substantially support achieving the collection targets, a closed material loop and EU strategic autonomy. The disclosure of information to all end users as well as reporting on batteries should make use of modern information technologies. The information should be provided either by classical means, such as outdoors, posters and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the battery.
Amendment 201 #
2020/0353(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes requirements on sustainability, safety, labelling and information to allow the placing on the market or putting into service of batteries, as well as requirements for the collection, treatment and recycling of waste batteries, also with a view to stimulating innovation and the use of widely available alternative raw materials.
Amendment 205 #
2020/0353(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. With the exclusion of Chapter VII and for a maximum of five years after the entry into force of the Regulation, the Regulation shall not apply to the following industrial batteries, automotive batteries and electric vehicle designed before the entry into force of the Regulation: -Batteries placed on the market to be incorporated in safety-sensitive applications designed before the entry into force of the Regulation; -Batteries to be used as spare parts for equipment designed before the entry into force of the Regulation.
Amendment 218 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
(36) ‘supply chain due diligence’ means the obligations of the economic operator which places a rechargeable industrial battery or an electric-vehicle battery on the market, in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing;
Amendment 248 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. From [12 months after entry into force of the Regulation], rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in Part A of Annex IV.
Amendment 283 #
2020/0353(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Common chargers From 1 January 2026, rechargeable batteries designed for electric vehicles and light means of transport, as well as rechargeable batteries incorporated into specific categories of electrical and electronic equipment covered by Directive 2012/19/EU, shall be charged by making use of common chargers. The Commission is empowered to adopt, no later than by 31 December 2024, a delegated act in accordance with Article 73 determining the categories of products and equipment to which this Article shall apply. When adopting the delegated act referred to in paragraph 2, the Commission shall take into account the size of the market, the reduction of waste, and the reduction of costs for consumers and other end- users.
Amendment 304 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
Amendment 401 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. As of [12 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries, portable batteries and electric- vehicle batteries with internal storage and a capacity above 2 kWh on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.
Amendment 491 #
2020/0353(COD)
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
6. When the change in the status is due to repaimanufacturing or repurposing activities, the responsibility for the battery record in the battery passport shall be transferred to the economic operator that is considered to place the industrial battery or the electric vehicle battery on the market or that puts it into service. The record for remanufactured or repurposed batteries shall be linked to the record of the original battery or batteries.
Amendment 528 #
2020/0353(COD)
Proposal for a regulation
Article 72 a (new)
Article 72 a (new)
Article 72 a Deposit refund schemes Member States shall introduce mandatory deposit refund schemes for the collection of waste batteries of general use. Consumers and other end-users shall be informed in a clear and comprehensible manner about the scheme and refund amounts in accordance with paragraph 1(fa) of Article 60. By 31 december 2030, the Commission will evaluate the functioning of the national deposit refund schemes and consider if an EU-wide deposit refund scheme is necessary to reduce single market fragmentation.
Amendment 539 #
2020/0353(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 561 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 a (new)
Article 77 – paragraph 2 a (new)
2 a. The Commission will evaluate the functioning of the national deposit refund schemes and consider if an EU-wide deposit refund scheme is necessary to reduce single market fragmentation.
Amendment 575 #
2020/0353(COD)
Proposal for a regulation
Annex V – point 2 – paragraph 1
Annex V – point 2 – paragraph 1
This test shall evaluate the safety performance of a battery when applying an external short circuit. The test can evaluate the activation of the overcurrent protection device or the ability of cells to withstand the current without reaching a hazardous situation (e.g. thermal runaway, explosion, fire). The main risk factors are heat generation at cell level and electrical arcing which may damage circuitry or may lead to reduced isolation resistance. Test results shall be shared with firefighters in order to enable them to get trained for what to do in case of a major fire caused by batteries.
Amendment 29 #
2020/0289(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The definition of an administrative act for the purposes of Regulation (EC) No 1367/2006 should include non-legislative acts if they have legally binding and external effects and contain provisions that contravene environmental law. However, a non legislative act might entail implementing measures at national level against which environmental non- governmental organisations can obtain judicial protection, including before the Court of Justice of the European Union (CJEU) through a procedure for preliminary ruling under Article 267 TFEU. Therefore, it is appropriate to exclude from the scope of the internal review those provisions of such non- legislative acts for which Union law requires implementing measures at national level.
Amendment 67 #
2020/0289(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1367/2006
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Union institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated. The Union institution or body shall state its reasons in a written reply as soon as possible, but no later than 162 weeks after receipt of the request.
Amendment 59 #
2020/0030(NLE)
Proposal for a decision
Recital 2
Recital 2
(2) The Union is to combat social exclusion and discrimination, including age-based discrimination, and promote social justice and protection, as well as equality between women and men, solidarity between generations and the protection of the rights of the child. In defining and implementing its policies and activities, the Union is to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against poverty and social exclusion and a high level of education and training as set out in Article 9 of the Treaty on the Functioning of the European Union (TFEU).
Amendment 111 #
2020/0030(NLE)
Proposal for a decision
Recital 9
Recital 9
(9) Member States and the Union should ensure that the transformations are fair and socially just, strengthening the drive towards an inclusive and resilient society in which people are protected and empowered to anticipate and manage change, and in which they can actively participate in society and the economy. Discrimination in all its forms should be tackled. Access and opportunities for all should be ensured and poverty and social exclusion (including that of children and the elderly) should be reduced, in particular by ensuring an effective functioning of labour markets and of social protection systems and by removing barriers to education, training and labour- market participation, including through investments in early childhood education and care. Timely and equal access to affordable healthcare services, including prevention and health promotion are particularly relevant in a context of ageing societies. The potential of people with disabilities to contribute to economic growth and social development should be further realised. As new economic and business models take hold in Union workplaces, employment relationships are also changing. Member States should ensure that employment relationships stemming from new forms of work maintain and strengthen Europe’s social model.
Amendment 138 #
2020/0030(NLE)
Proposal for a decision
Annex I – Guideline 5 – paragraph 2
Annex I – Guideline 5 – paragraph 2
The tax burden should be shifted away from labour to other sources more supportive to employment and inclusive growth and at the same time aligned with climate and environmental objectives, taking account of the redistributive effect of the tax system, while protecting revenue for adequate social protection and growth- enhancing expenditure. The indexation of pension incomes must be guaranteed in the Member States.
Amendment 141 #
2020/0030(NLE)
Proposal for a decision
Annex I – Guideline 5 – paragraph 3
Annex I – Guideline 5 – paragraph 3
Member States having in place national mechanisms for the setting of statutory minimum wages should ensure an effective involvement of social partners in a transparent and predictable manner allowing for an adequate responsiveness of wages to productivity developments and providing fair wages for a decent standard of living, paying particular attention to lower and middle income groups with a view to upward convergence. These mechanisms should take into account economic performance across regions and sectors. Member States should promote social dialogue and collective bargaining with a view to wage setting. Respecting national practices, Member States and social partners should ensure that all workers are entitled to adequate and fair wages through collective agreements or adequate statutory minimum wages, taking into account their impact on competitiveness, job creation and in-work poverty. Discriminatory practices such as lower minimum wages for young people should be abolished and equal employment market opportunities for older people should be guaranteed.
Amendment 168 #
Amendment 180 #
2019/2975(RSP)
Paragraph 2 – indent 5
- mainstreaming the rights of the children with disabilities into all areas, disabled elders, women and children into all areas; regarding children making sure that the educational institutions are fully inclusive and there will be measures against the Member States that fail to fully include them in their educational systems,
Amendment 188 #
2019/2975(RSP)
Paragraph 2 – indent 5
- mainstreaming the rights of the childrenall persons with disabilities into all policy areas,
Amendment 191 #
2019/2975(RSP)
Paragraph 2 – indent 5 a (new)
- recognising and addressing the multiple and intersectional forms of discrimination they may face, and in particular the challenges faced by woman, girls, children, elderly people and LGBTI persons with disabilities, as well as persons from racial and ethnic minorities,
Amendment 26 #
2019/2213(BUD)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas the EU Erasmus+ programme did not substantially improve the skills of older people so they can be active in our economy and social life for a longer time;
Amendment 177 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Insists that, because of accelerating demographic change already 50% of the EU population is above age fifty, the EU shall invest more in developing professional skills of elderly people, so that they are able to participate longer in the economy and social life and therefore help reduce pressure on health and social security systems;
Amendment 18 #
2019/2187(INI)
Motion for a resolution
Recital A
Recital A
A. whereas access to decent housing is a fundamental right that must be seen as a precondition for the exercise of, and for access to, other fundamental rights and for a life in conditions of human dignity;
Amendment 48 #
2019/2187(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 crisis has aggravated housing insecurity, overindebtedness, the demand for adequately sized living space, and the risk of eviction and homelessness;
Amendment 135 #
2019/2187(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission and the Member States to ensure access for all, including migrant workers, to decent housing, including clean and high- quality drinking water and adequate and equitable sanitation and hygiene, and to affordable, reliable and sustainable energy, hence contributing to eradicating poverty in all its forms; reaffirms its call for EU- wide action for a winter heating disconnection moratorium; calls on the Member States to meet the standards laid down by the World Health Organization (WHO) for adequate housing temperature; demands that the revision of the air quality regulation be aligned with WHO standards;
Amendment 222 #
2019/2187(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to ensure equal access to decent housing for all, including migrant workers, and safeguard non-discrimination on all grounds stipulated in Article 21 of the EU Charter of Fundamental Rights; calls on the Commission and the Member States to ensure the implementation of the Charter as well as of the Racial Equality Directive; calls on the Council to swiftly adopt the horizontal anti-discrimination directive; calls on the Commission to launch infringement procedures against Member States which do not enforce EU anti- discrimination legislation or which criminalise the homeless;
Amendment 246 #
2019/2187(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that EU policies, funding programmes and financing instruments have a great impact on housing markets and citizens’ lives; calls on the Commission to urgently develop an integrated strategy for, including minimum standards, for commercial as well as social, public and affordable housing at EU level to ensure the provision of safe, accessible and affordable quality housing for all, including migrant workers;
Amendment 59 #
2018/0213(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure that the reforms supported by the Programme address all the key economic and societal areas, both financial support and technical support under the Programme should be provided by the Commission, upon request from a Member State, in a broad range of policy domains, which include areas related to public financial and asset management, institutional and administrative reform, business environment, the financial sector, markets for products, services and labourharnessing the technological revolution, services and labour, skills for jobs, children, youth and elderly people policies, education and training, sustainable development, public health and social welfare.
Amendment 108 #
2018/0213(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) education and training, labour market policies, including social dialogue, for the creation of jobs, digital skills, the fight against poverty, the promotion of social inclusion, upskilling and reskilling, equal opportunities and access for all, a better future for children, youth and elderly people, social security and social welfare systems, public health and healthcare systems, as well as cohesion, asylum, migration and border policies;
Amendment 23 #
2008/2239(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas Europe urgently needs to develop major network investments and to complete the internal energy market, some forward looking initiatives, such as the European transmission system operator and the establishment of a single European gas grid, should be encouraged,
Amendment 28 #
2008/2239(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the energy sector and investments in the energy infrastructure need a stable regulatory framework and a closer cooperation between the national regulators,
Amendment 62 #
2008/2239(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that energy solidarity must become a major European concern and that damaging energy supply in a Member State is tantamount to damaging the supply ofafflicts the EU as a whole;
Amendment 104 #
2008/2239(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Expresses its support for all major infrastructural projects that increase the supply of gas towards the EU to meet future demand such as Nord Stream and the Nabucco project to diversify sources of supply; is concerned, however, about the progress of the project and the risks to sources of supply for the gas pipeline;
Amendment 117 #
2008/2239(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for optimisation of LNG facilities, particularly for regions of the EU which are isolated in energy terms; considers that new LNG terminals insupplying gas to countries which are major consumers, such as Germany, and which are dependent exclusively on gas pipelines, such as Germany and the Baltic States, should be regarded as projects of European interest;
Amendment 135 #
2008/2239(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and Member States to draw up strategic guidelines intended for lasting application, while leaving it to private industrial undertakings to implement them, striking a balance between market mechanisms and regulation; stresses the importance of creating a clear and stable legal framework by finalising the negotiations on the legislative package on the internal energy market and calls on the Commission and Member States to set up an independent agency for cooperation between energy regulators, with strong powers, including powers relating to security of supply;
Amendment 138 #
2008/2239(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Asks Member States and the Commission to develop major network investments and to complete the internal energy market through some forward looking initiatives such as the European transmission system operator and the establishment of a single European gas grid;
Amendment 158 #
2008/2239(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that the completion of the market will be a success if it makes it possible ultimately to avoidfurther integration and liberalisation of the market will decrease the volatility of energy prices and that Directive 2003/87/EC, which is currently being revised, provides, in a comprehensible and predictable manner, an assessment of carbon dioxide costs;
Amendment 178 #
2008/2239(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Advocates an approach geared to conciliation in the dialogue with Russia, which supplies 425% of the EU's gas growing to 33% in 2015, as well as 100% of the gas imported by Poland, Finland and the Baltic States; notes that relations between the EU and Russia are based on interdependence and that, in the continuation of the negotiations, the EU should refrain from demanding ratification of the Energy Charter, while reminding the Russian authorities of their endorsement of the principles of the Charter; hopes, by way of example, that the Nabucco gas pipeline project will be carried out in cooperation with Russia in order to avoid competition between two gas pipelines and to be able ultimately to transmit gas from Russia, Iran or the Caspian Sea;
Amendment 194 #
2008/2239(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need to includecontinue the on- going dialogue with Turkey in the European arrangements for on-going dialogue with the Caspian/Caucasus region on account of the key role which it can play as a transit country bringing gas from the Caspian Sea, Iran or Russia through the Nabucco pipeline;
Amendment 8 #
2008/2215(INI)
Motion for a resolution
Recital B
Recital B
B. whereas gambling activities have traditionally been strictly regulated in all Member States on the basis of the principle of subsidiarity, in order to protect consumers against addiction, fraud, money-laundering and fixed games,
Amendment 15 #
2008/2215(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Member States have regulated their traditional gambling markets in order to protect consumers against addiction, fraud, money- laundering and match-fixing; whereas these policy objectives are more difficult to reach in the online gambling sector,
Amendment 17 #
2008/2215(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Commission has launched infringement procedures against ten Member States in order to verify whetherwhose national measures limiting the cross-border supply of online gambling services are considered not to be compatible with Community law,
Amendment 33 #
2008/2215(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas online sports betting activities have developed in an uncontrolled manner, in a growing number of match-fixing and to the coming to light of betting-related scandals in the Member States, threatening the integrity of sport,
Amendment 43 #
2008/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that, in accordance with the principle of subsidiarity, Member States have a legitimate all stakeholders have an interest in well monitoringed and regulating theired gambling markets in order to protect consumers against addiction, fraud, money-laundering and fixed games as well as to protect the culturally-built funding structures which finance sports activities and other social causes in the Member States; underlines that onlinematch-fixing; underlines that gambling law in the Member States must comply with the Treaty and that gambling operators shouldmust comply with the legislation of the Member State in which they provide their services;
Amendment 68 #
2008/2215(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Endorses the work that has started in the Council under the French Presidency, that addresses the issues in the field of online and traditional gambling and betting;
Amendment 103 #
2008/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is alarmed by the increasing cross-over between interactive television, mobile phones and internet sites in offering remote or online games and making it easy and socially acceptable to participate in thosebling games, especially for younger peopleaimed at minors;
Amendment 113 #
2008/2215(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that parents have a responsibility in preventing under-age gambling and gambling addiction by minors;
Amendment 122 #
2008/2215(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on all stakeholders to address the risk of social isolation caused by online gambling addiction;
Amendment 131 #
2008/2215(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Suggests to study the possibility to introduce a maximized amount that a person can use for gambling activities per month or to oblige online gambling operators to make use of prepaid cards for online gambling to be sold in shops;
Amendment 149 #
2008/2215(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission and Member States to clarify the place of taxation of online gambling activities;
Amendment 6 #
2008/2173(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises that addictionexcessive use is a problem for some gamers; calls on producers, retailers, parents and other stakeholders to take steps to avoid any such negative effects;
Amendment 10 #
2008/2114(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that, in cross-border transactions, consumers and businesses are hampered by incorrect or delayed transposition of directives by Member States; urges that more frequent use be made of regulations in order to combat distortion of the European internal market in goods and services;
Amendment 11 #
2008/2099(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 13 #
2008/2099(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Agrees to the Commission proposal to move towards a common spectrum plan for specific pan-European and cross-border services at EU level and to prepare the required measures to reserve and coordinate common bands for these services at EU level.
Amendment 3 #
2008/2026(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises the need to explore the possibility of introducing a common European standard for mobile phone peripheral devices, as well as measures for achieving this; considers that such standardisation would reduce costs and facilitate consumers' use of mobile telecommunication services, as well as reduce waste of electrical and electronic equipment and save energy, materials, and resources; calls, therefore, for a study on the development of a common European standard for mobile phone peripheral devices.
Amendment 47 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 3 – point a
Article 3 – point a
(a) "disabled person" or "person with reduced mobility" means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or reduced mobility, including illness and pregnancy or as a result of elderly age, and extending furthermore to young children and to accompanying persons, and whose situation needs appropriate attention and adaptation to his particular needs of the services made available to all passengers;
Amendment 73 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Carriers shall establish, with the active involvement of representatives of organisations of disabled persons and persons with reduced mobility and enforcement bodies referred to in Article 26, non-discriminatory access rules that apply to the carriage of disabled persons and persons with reduced mobility and accompanying persons, as well as any restrictions on their carriage or on that of mobility equipment due to the structure of passenger ships, in order to meet applicable safety requirements. These rules shall contain all access conditions of the maritime service in question, including accessibility of the ships operated and their facilities on board, and of the fitted assistive equipment.
Amendment 76 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Carriers, their ticket vendors or tour operators shall ensure that all relevant information concerning the conditions of carriage, journey information and information on accessibility of services is available in appropriate and accessible formats for disabled persons and persons with reduced mobility extending to persons incapable of travelling without assistance because of their elderly or young age and accompanying persons, including online booking and information.
Amendment 136 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 22
Article 22
Carriers shall cooperate in order to adopt arrangements at national or European level with the involvement of stakeholders, professional associations and associations of customers, passengers and disabled persons. These measures should be aimed at improving care for passengers, especially in the event of long delays and interruption or cancellation of travel prioritising care for those passengers with special needs owing to disability, reduced mobility, illness, elderly age, pregnancy as well as young children and accompanying passengers. In the event of long delays and interruption or cancellation of travel, care should focus on providing passengers with nursing assistance and food and drink as necessary, regular information updates, and, where appropriate, alternative travel arrangements and accommodation.
Amendment 139 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
Amendment 140 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
(d) aggregated data on complaints, including on their outcome and resolution timescales;
Amendment 135 #
2008/0221(COD)
Proposal for a directive
Annex I – part C a (new)
Annex I – part C a (new)
Amendment 20 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 6 a (new)
Recital 6 a (new)
Amendment 55 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 717/2007/EC
Article 4 b – paragraph 2
Article 4 b – paragraph 2
2. With effect from 1 July 2009, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0.11the prices that consumers pay for a SMS message in their own Member State.
Amendment 125 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 717/2007/EC
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The Commission may decide to suspend the provisions in this Regulation on the maximum retail charges for voice and SMS roaming if more than 60% of voice roaming minutes and SMS messages are charged on tariffs substantially below the Eurotariff set out in Article 4 of this Regulation.
Amendment 59 #
2008/0160(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 63 #
2008/0160(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 68 #
2008/0160(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The fundamental economic and social interests of Inuit communities traditionally engaged in the hunting of seals as a means to ensure their subsistence should not be adversely affected. The hunt is an integrated part of the culture and the identity of the members of the Inuit society. It represents a source of income and contributes to the subsistence of the hunter. Therefore, seal products deriving from hunts traditionally conducted by Inuit communities and which contribute to their subsistence should not be covered by the prohibitions provided for in this Regulation.
Amendment 74 #
2008/0160(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 78 #
2008/0160(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 93 #
2008/0160(COD)
Proposal for a regulation
Article 2 – point 7
Article 2 – point 7
Amendment 101 #
2008/0160(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Paragraph 1 shall not apply to seal products resulting from hunts traditionally conducted by Inuit communities and which contribute to their subsistencintended for personal use.
Amendment 102 #
2008/0160(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 108 #
2008/0160(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 112 #
2008/0160(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 119 #
2008/0160(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 123 #
2008/0160(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 138 #
Amendment 10 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 11
Recital 11
(11) A first accompanying transitional measure should be that phonogram producers are under an obligation to set aside, at least once a year, at least 20 percent of the revenuenet proceeds from the exclusive rights of distribution, reproduction and making available of phonograms which, in the absence of the extension of the term of protection as a result of lawful publication or lawful communication, would be in the public domain.
Amendment 21 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 – subparagraph 1
Article 10a – paragraph 4 – subparagraph 1
The overall amount to be dedicated by a phonogram producer to payments of the supplementary remuneration referred to in paragraph 3 shall correspond to at least 20 percent of the revenuenet proceeds which he has derived, during the year preceding that for which the said remuneration is paid, from the reproduction, distribution and making available of those phonograms in regard of which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected on 31 December of the said year.
Amendment 22 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 11
Recital 11
(11) A first accompanying transitional measure should be that phonogram producers are under an obligation to set aside, at least once a year, at least 20 percent of the revenuenet proceeds from the exclusive rights of distribution, reproduction and making available of phonograms which, in the absence of the extension of the term of protection as a result of lawful publication or lawful communication, would be in the public domain.
Amendment 40 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 – subparagraph 1
Article 10a – paragraph 4 – subparagraph 1
4. The overall amount to be dedicated by a phonogram producer to payments of the supplementary remuneration referred to in paragraph 3 shall correspond to at least 20 percent of the revenuenet proceeds which he has derived, during the year preceding that for which the said remuneration is paid, from the reproduction, distribution and making available of those phonograms in regard of which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected on 31 December of the said year.
Amendment 17 #
2008/0152(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) It should be recognised that, although national ecolabels have proved able to create awareness among consumers, the objective of this Regulation is to establish a Community Ecolabel in the long term that will replace national and regional ecolabels,
Amendment 19 #
2008/0152(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) specify the period of validity of the criteria and of the assessment requirements, which shall not exceed one year.
Amendment 20 #
2008/0152(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
The competent body to which an application for registration is made may charge a fee of up to € 2EUR 100 for processing the registration. If a fee is charged, the use of the Ecolabel shall be conditional upon the fee having been paid in due time.
Amendment 22 #
2008/0152(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Commission may only increase the maximum fee provided for in Article 9(3) and amend the Annexes as long as the increase is to cover the costs of registration.
Amendment 23 #
2008/0152(COD)
Proposal for a regulation
Annex I – Part A – section 2 – paragraph 2 – indent 1
Annex I – Part A – section 2 – paragraph 2 – indent 1
- they shall be based on the environmental performance throughout the life-cycle of the product of the 10% best -performing products on the market and correspond, as far as possible, to 10% of the best performing productsenvironmental products, Ecolabel and non-Ecolabel, available on the market;
Amendment 24 #
2008/0152(COD)
Proposal for a regulation
Annex II – paragraph 1 – introductory wording
Annex II – paragraph 1 – introductory wording
The Community Ecolabel shall have one of the following forms, which shall have the CE mark inside the EU logo:
Amendment 46 #
2008/0142(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) In accordance with the case law of the Court of Justice of the EU, patients and care providers have the right to go to any Member State for medical assistance. It is therefore of the utmost importance that cross-border movement of patients and cross-border health services should be hampered as little as possible within the European Union.
Amendment 47 #
2008/0100(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The full potential of increasing safety, reducing CO2 emissions and lowering traffic noise can only be achieved in combination with a labelling scheme for tyres. The label should inform the consumer regarding safety (wet grip), CO2 emissions and noise.
Amendment 74 #
2008/0100(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Vehicles in categories M1 shall be equipped with a Tyre Pressure Monitoring System, capable of giving regularly an in- car warning to the driver when any tyre is operating at a dangerously low pressure level, and advisof any loss of pressure in any tyre, which is in the interests of optimum fuel consumption efficiency and road safety. Appropriate limits ing the driver when any tyre is operating at a pressure level significantly below the optimum pressure for good fueltechnical specifications shall be set to achieve this, which shall furthermore allow for a technology- neutral and cost-effective approach to the development of Tyre Pressure Monitoring Systems, with no significant impact on costs for industry, and, consequently, consumptioners.
Amendment 156 #
2008/0100(COD)
Proposal for a regulation
Annex I - Part C - paragraph 1 - table 1.2
Annex I - Part C - paragraph 1 - table 1.2
Tyre Nominal Limit class section values in C2 Normal 72 C3 Normal 73width dB(A) width dB(A) (mm) (mm) C2 Normal 71 Traction 73 Traction 72 tyres tyres C3 Normal 72 Traction 75 Traction 75 tyres tyres
Amendment 328 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 1 – indent 2 a (new)
Article 10b – paragraph 1 – indent 2 a (new)
- additional measures such as the allocation of free emission allowances – on the grounds of CO2 costs being passed on in the electricity price – to vulnerable energy-intensive sectors which will otherwise lose their competitive position on the world market as a result of the direct and indirect costs of emissions trading, in accordance with Article 10a.
Amendment 33 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 23
Recital 23
(23) The universal and public service requirements and the common minimum standards that follow from them need to be further strengthened to make sure that all consumers can benefit from competition and fairer prices. A key aspect in supplying customers is access to objective and transparent consumption data, and consumers must have access to their dataconsumption data, associated prices and service costs so that they can invite competitors to make an offer based on these data. Consumers also should have the right to be properly informed about their energy consumption. Regularly provided information and the prepayment should be adequate and reflect their actual consumption of natural gas. Information provided at least on a quarterly basis to consumers on energy costs will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour.
Amendment 57 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 4
Article 5a – paragraph 4
4. The Commission mayshall adopt guidelinmeasures for regional solidarity cooperation within one year after the entry into force of this Directive. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30 (3).
Amendment 68 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (i)
Article 24c – paragraph 1 – point (i)
(i) monitoring the level of effective market opening and competition at wholesale and retail levels, including on natural gas exchanges, household prices, switching rates, disconnection ratesadequate prepayment conditions reflecting the actual consumption, connection and disconnection rates, maintenance charges, and household complaints in an agreed format, as well as any distortion or restriction of competition in cooperation with competition authorities, including providing any relevant information, bringing any relevant cases to the attention of the relevant competition authorities;
Amendment 70 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (l)
Article 24c – paragraph 1 – point (l)
(l) without prejudice to the competence of other national regulatory authorities, ensuring, across the EU, even and transparent high standards of public service for natural gas, consumers including citizens, and ensuring the protection of vulnerable customers, and that all consumer protection measures set out in Annex A are effective;
Amendment 72 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (n)
Article 24c – paragraph 1 – point (n)
(n) ensuring access to customer consumption data, the application of a harmonised format for consumption data and the access to including on prices and any related expenditure, the application of an easily understandable harmonised format for such data, adequate prepayment that reflects the actual consumption and prompt access for all customers to such data under paragraph (h) of Annex A;
Amendment 75 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – introductory part
Article 24c – paragraph 3 – introductory part
3. Member States shall ensure that regulatory authorities are granted the powers enabling them to carry out the duties within the defined framework referred to in paragraph 1 and 2 and within their legal national mandate in an efficient and expeditious manner. For this purpose, tThe regulatory authority shall have at least the following powers:
Amendment 76 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (b)
Article 24c – paragraph 3 – point (b)
(b) to carry out in co-operation with the national competition authority on investigations intof the functioning of gas markets, and to decide, in the absence of violations of competition rulebased on such investigations, ofn any appropriate measures necessary and proportionate to promote effective competition and to ensure the proper functioning of the market, including gas release programs;. In the absence of violation of competition rules, these measures shall be taken in case less than 20% of the inflow of gas nominated at the entry points into a Member State or relevant market is offered to the wholesale market through a transparent and non- discriminatory process, e.g. an exchange.
Amendment 104 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 21 a (new)
Recital 21 a (new)
(21a) The structural rigidities of the gas market which arise from the concentration of suppliers, the long-term contracts that underpin deliveries, and the lack of downstream liquidity generate opaque pricing structures. In order to bring clarity to the cost structure, more transparency is needed in the price formation, and a trading obligation should therefore be mandatory.
Amendment 109 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 23
Recital 23
(23) The public service requirements and the common minimum standards that follow from them need to be further strengthened to make sure that all consumers can benefit from competition and fairer prices. A key aspect in supplying customers is access to objective and transparent consumption data, and consumers must have access to their dataconsumption data, associated prices and service costs so that they can invite competitors to make an offer based on these data. Consumers also should have the right to be properly informed about their energy consumption. Regularly provided information and the prepayment should be adequate and reflect their actual consumption of gas. Information provided at least on a quarterly basis to consumers on energy costs will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour.
Amendment 110 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 23 a (new)
Recital 23 a (new)
(23a) Member States should ensure the proper provision of individual meters (smart metering), as provided for in Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services1, in order to give consumers accurate information about energy consumption and to secure end- user efficiency. 1 OJ L 114, 27.4.2006, p. 64.
Amendment 186 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 4
Article 5a – paragraph 4
4. The Commission mayshall adopt guidelines for regional solidarity cooperation within one year of the entry into force of this Directive. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30 (3).
Amendment 195 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5b
Article 5b
Member States shall cooperate among themselves for the purpose of integrating their national markets at least at the regional level. In particular, Member States shall promote the cooperation of network operators at a regional level, and fosterensure the consistency of their legal and regulatory framework. Furthermore, the Member States shall ensure a minimum level of interconnection between neighbouring Member States. The geographical area covered by regional cooperations shall be in line with the definition of geographical areas by the Commission in accordance with Article 2h(3) of Regulation (EC) No1775/2005."
Amendment 212 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
"6a. The provisions of this Article shall apply equally to all transmission system owners/ operators regardless of their country of origin."
Amendment 216 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/55/EC
Article 7a
Article 7a
Amendment 239 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 6 c (new)
Article 1 – point 6 c (new)
Directive 2003/55/EC
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
(6c) In Article 8, the following paragraph shall be added: "4a. While carrying out their tasks, transmission system operators shall take into account the technical and market codes adopted by the European Network of Transmission System Operators for Gas."
Amendment 292 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 11 b (new)
Article 1 – point 11 b (new)
Directive 2003/55/EC
Article 18 a (new)
Article 18 a (new)
(11b) The following Article shall be inserted: "Article 18a 1. For the organisation of access to LNG facilities, in case these facilities are operated by independent infrastructure operators that are ownership-unbundled in accordance with Article 7(1) and that provide open access, Member States may also decide to follow the procedure referred to in paragraph 2. This procedure shall be applied in accordance with objective, transparent and non- discriminatory criteria. 2. In the case of negotiated access, Member States shall take the necessary measures for natural gas undertakings and eligible customers either inside or outside the territory covered by the interconnected system to be able to negotiate access to LNG facilities. The parties shall be obliged to negotiate access to LNG facilities in good faith."
Amendment 296 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 11 c (new)
Article 1 – point 11 c (new)
Directive 2003/55/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
(11c) In Article 19, paragraph 1 shall be replaced by the following: "1. For the organisation of access to storage facilities and linepack when technically and/or economically necessary for providing efficient access to the system for the supply of customers, as well as for the organisation of access to ancillary services, Member States shall use the regulated access procedure as described in paragraph 4. In case such organisation is arranged through an independent infrastructure operator that is ownership- unbundled in accordance with Article 7(1) and that provides open access, Member States may choose either or both of the procedures referred to in paragraphs 3 and 4. These procedures shall operate in accordance with objective, transparent and non-discriminatory criteria."
Amendment 312 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 1 - introductory part
Article 22 – paragraph 1 - introductory part
1. Major new gas infrastructures, i.e. interconnectors between Member States, LNG and storage facilities, may, upon request, be exempted, for a limitdefined period of time, from the provisions of Articles 7, 18, 19, 20, and 24c(4), (5) and (6) under the following conditions:
Amendment 325 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 3 – subparagraph 3
Article 22 – paragraph 3 – subparagraph 3
In deciding to grant an exemption consideration shall be given, on a case by case basis, to the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the infrastructure. When deciding on those conditions account shall, in particular, be taken of the duration of contracts, additional capacity to be built or the modification of existing capacity, the time horizon of the project and national circumstances.
Amendment 328 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 3 – subparagraph 4
Article 22 – paragraph 3 – subparagraph 4
Amendment 349 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 4
Article 22 – paragraph 5 – subparagraph 4
The Commission's approval of an exemption decision shall lose its effect after two years from its adoption if construction of the infrastructure has not yet started, and after five years if the infrastructure has not become operationalbe reviewed after five years.
Amendment 359 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13 a (new)
Article 1 – point 13 a (new)
Directive 2003/55/EC
Article 24 – paragraph 1 – point (b)
Article 24 – paragraph 1 – point (b)
(13a) In Article 24(1), point (b) shall be replaced by the following: "(b) any such eligible customer within their territory to be supplied through a direct line by natural gas undertakings or customers."
Amendment 398 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (i)
Article 24c – paragraph 1 – point (i)
(i) monitoring the level of effective market opening and competition at wholesale and retail levels, including on natural gas exchanges, household prices, switching rates, disconnection ratesadequate prepayment conditions reflecting the actual consumption, connection and disconnection rates, maintenance charges, and household complaints in an agreed format, as well as any distortion or restriction of competition in cooperation with competition authorities, including providing any relevant information, bringing any relevant cases to the attention of the relevant competition authorities;
Amendment 411 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (l)
Article 24c – paragraph 1 – point (l)
(l) without prejudice to the competence of other national regulatory authorities, ensuring, across the European Union, even and transparent high standards of public service for natural gas, consumers, including households, and ensuring the protection of vulnerable customers, and that all consumer protection measures set out in Annex A are effective;
Amendment 418 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (n)
Article 24c – paragraph 1 – point (n)
(n) ensuring access to customer consumption data, the application of a including data on prices and any related expenditure, the application of an easily understandable harmonised format for such consumption data, and the access todequate prepayment that reflects the actual consumption and prompt access for all customers to such data under paragraphoint (h) of Annex A;
Amendment 433 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 –introductory part
Article 24c – paragraph 3 –introductory part
3. Member States shall ensure that regulatory authorities are granted the powers enabling them to carry out the duties within the defined framework referred to in paragraph 1 and 2 and within their legal national mandate in an efficient and expeditious manner. For this purpose, tThe regulatory authority shall have at least the following powers:
Amendment 443 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (b)
Article 24c – paragraph 3 – point (b)
(b) to carry out in cooperation with the national competition authority on investigations intof the functioning of gas markets, and to decide, in the absence of violations of competition rulebased on such investigations, ofn any appropriate measures necessary and proportionate to promote effective competition and to ensure the proper functioning of the market, including gas release programs;
Amendment 446 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (b a) (new)
Article 24c – paragraph 3 – point (b a) (new)
"(ba) in the absence of violation of competition rules, to take measures if less than 20% of the inflow of gas nominated at the entry points into a Member State or relevant market is offered to the wholesale market through a transparent and non- discriminatory process, e.g. an exchange;"
Amendment 528 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 16 a (new)
Article 1 – point 16 a (new)
Directive 2003/55/EC
Article 31 – paragraph 3 – subparagraph 1 – introductory part
Article 31 – paragraph 3 – subparagraph 1 – introductory part
(16a) In Article 31(3), introductory part of subparagraph 1 shall be replaced by the following: "3. The Commission shall, no later than five years after the entry into force of Directive .../.../EC [amending Directive 2003/55/EC concerning common rules for the internal market in natural gas], forward to the European Parliament and Council, a detailed report outlining progress in creating the internal gas market. The report shall, in particular, consider:"
Amendment 15 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 21
Recital 21
(21) The universal and public service requirements and the common minimum standards that follow from them need to be further strengthened to make sure that all consumers can benefit from competition and fairer prices. A key aspect in supplying customers is access to objective and transparent consumption data, and consumers must have access to their dataconsumption data, associated prices and service costs so that they can invite competitors to make an offer based on these data. Consumers also should have the right to be properly informed about their energy consumption. Regularly provided information and the prepayment should be adequate and reflect their actual consumption of electricity. Information provided at least on a quarterly basis to consumers on energy costs will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour.
Amendment 20 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 21 e (new)
Recital 21 e (new)
(21e) Member States should ensure the proper provision of individual meters (smart metering), as provided for in Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services1, in order to give consumers accurate information about energy consumption and to secure end- user efficiency. __________ 1 OJ L 114, 27.4.2006, p. 64.
Amendment 65 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 c – paragraph 1 – point (i)
Article 22 c – paragraph 1 – point (i)
(i) monitoring the level of effective market opening and competition at wholesale and retail levels, including on electricity exchanges, household prices, switching rates, disconnection ratadequate prepayment conditions reflecting actual consumption, connection and disconnection rates, maintenance charges and household complaints in an agreed format, as well as any distortion or restriction of competition in cooperation with competition authorities, including providing any relevant information, bringing any relevant cases to the attention of the relevant competition authorities;
Amendment 66 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 c – paragraph 1 – point (m)
Article 22 c – paragraph 1 – point (m)
(m) ensuring access to customer consumption data, the application of a harmonised format for consumption data and the access to including on prices and any related expenditure, the application of an easily understandable harmonised format for such data, adequate prepayment that reflects actual consumption and prompt access for all customers to such data under paragraph (h) of Annex A;
Amendment 84 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 15
Article 1 – point 15
Directive 2003/54/EC
Annex A – point (i)
Annex A – point (i)
(i) shall be properly informed every month of actual electricity consumption and costs, and shall have easy access to this information throughout the month. No additional costs can be charged to the consumer for this service.
Amendment 31 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 45 – paragraph 3 a (new)
Article 45 – paragraph 3 a (new)
Amendment 32 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 58 a (new)
Article 58 a (new)
Article 58a No later than 1 December 2010 the Commission shall submit a report on the effectiveness of this Regulation with regard to Article 45, with the aim of proposing amendments if necessary, in accordance with the regulatory procedure with scrutiny referred to in Article 54(3), aimed at further harmonisation.
Amendment 98 #
2007/0113(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The definition of a timeshare contract does not include in its scope multiple bookings of a hotel room if the contract is of a duration of less than one year. Ordinary lease contracts would also not be included in the scope since they refer to one single continuous period of occupation and not to multiple periods.
Amendment 107 #
2007/0113(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Consumers shall have the right to go to court in the country where they have their residence. A special attention should be paid in further revision of the Brussels I Regulation, giving such rights to consumers.
Amendment 109 #
2007/0113(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Member States shall encourage economic operators to set up (European) branch organisations to ensure the development and management of the codes of conduct in close cooperation with designated authorities.
Amendment 165 #
2007/0113(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within fourteen days of both parties' signing theThe consumer shall have a period of fourteen calendar days to withdraw from the contract, without giving any reason. That withdrawal period shall begin: (a) either from the day of the conclusion of the contract or a binding preliminary contract; or of both parties' signing(b) from the day on which the consumer receives the contract or a binding preliminary contract. I if the fourteenth day is a public holiday, the period shall be extended to the first working day thereafter. at day is later than the date referred to in point (a) of this subparagraph.
Amendment 176 #
2007/0113(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. If the information referred to in points (a) to (po) of Annex I and (a, points (a), (b) and (bd) of Annex II has not been provided in writing within three mo, points (a) to (i) of Annex III, points (a) to (g) of Annex IV or poinths after the signing of the contract, the right of(a) to (k) of Annex V has not been provided in writhdrawal shall expire after three months and fourteen days from the signing or in another durable medium, the contract shall not be binding ofn the contractsumer.
Amendment 203 #
2007/0113(COD)
Proposal for a directive
Article 9 – paragraphs 1 and 2, introductory part
Article 9 – paragraphs 1 and 2, introductory part
1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive in the interests of consumers. 2. The means referred to in paragraph 1 shall include provisions whereby oand supervise general compliance by their traders with this Regulation in the interests of consumers. 2. One or more of the following bodies, as determined by national law, mayshall be entitled to take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for the implementation of this Directive are applied:
Amendment 204 #
2007/0113(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall take the appropriate measures to inform the consumer of the national law transposing this Directive and shall encourageRegulation. Member States shall encourage the development of codes of conduct and ensure that, where appropriate, tradconsumers toare inform consumersed of these codes of conduct. Member States shall encourage economic operators to set up (European) branch organisations to ensure the development and management of their codes of conduct in close cooperation with designated authorities.
Amendment 205 #
2007/0113(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall encourage the setting up or development of adequate and effective out-of-court complaints and redress procedures for the settlement of consumer disputes under this Directive. Regulation. (a) Member States shall ensure that (European) branch organisations are offering consumers an alternative dispute resolution system to handle complaints. (b) Member States shall encourage and support such branch organisations to develop an European wide voluntary quality label aimed at allowing labelled traders to carry a official 'kite' mark approved and supported by the Member States.
Amendment 208 #
2007/0113(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
The Commission shall review this DirectiveRegulation and report to the European Parliament and the Council no later than fivthree years after the date of application of the national provisions transposing this Directiveentry into force of this Regulation.