545 Amendments of Lara WOLTERS
Amendment 12 #
2023/2130(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the 2022 follow-up process resulted in the closure of 38 of the 92 open actions and for which the agreed due dates for implementation had expired; is concerned by the fact that as of 31 December 2022, 29 open actions were overdue for more than 12 months; expects the different directorates-general to ensure that the remaining actions are closed without any further delay and that the agreed actions are implemented in accordance with the due dates set in the internal auditor’s annual report;
Amendment 29 #
2023/2130(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes that 2022 was the first year of the full implementation of the mandatory transparency register under the revised IIA adopted in 20212 and that the register is a key tool for promoting transparent and ethical interest representation at Union level becauseas long as registration is respected as a precondition for interest representatives to be able to carry out certain activities with the Union institutions, including Parliament; calls for the provision of all necessary resources to ensure that the internal rules related to the Transparency Register are effectively enforced, including, where appropriate, the imposition of adequate sanctions; _________________ 2 Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the EuropeanUnion and the European Commission on a mandatory transparency register, OJ L 207, 11.6.2021, p. 1.
Amendment 33 #
2023/2130(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the increased use of the transparency register as an information and reference tool for interest representation activities at Union level; notes the continuous improvement in the quality of information on the public database resulting from eligibility and data quality checks of new applicants; welcomes the regular communication, helpdesk and awareness-raising activities undertaken by the Secretariat among stakeholders both within the institutions and outside, as well as the development of IT solutions to improve the transparency register; recommends that IT solutions are used to integrate the Transparency Register in all Parliament’s activities involving external entities to allow to record and track their participation through the relevant databases;
Amendment 41 #
2023/2130(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Stresses the need for a thorough pre-check as part of registration in the transparency register to disclose all funding sources; notes that funding from Union funds must be traceable from the direct recipient to the final beneficiary when funds are passed on in a chain; calls for a revision of the guidelines for registration in the transparency register to disclose all incoming and outgoing funds, including the transfer of funds from one NGO and stakeholder to another; underlines that NGONotes that funding from Union funds must be traceable from the direct recipient to the final beneficiary; underlines that all registrants receiving money from third parties, whose registration in the transparency register is not required, need to disclose the source of their funding by specifying the same information as all regular registrants;
Amendment 50 #
2023/2130(DEC)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Recalls that OLAF has the mandate to investigate suspicions of serious misconduct by EU staff and members of the EU institutions, including possible breaches of the Code of Conduct of Parliament’s Members; notes that Parliament has systematically rejected OLAF’s requests to conduct inspections of MEPs’ offices and access their electronic servers and devices, which is a legal prerogative only used when it is strictly needed and proportionate for the investigation and fully respecting confidentiality; calls Parliament’s administration to not put any obstacles in the way of implementation of Parliament’s Decision of 18 November 1999 governing relations with OLAF during internal investigations;
Amendment 73 #
2023/2130(DEC)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Acknowledges that several Directorates-General have expressed their concerns about attracting talent and specialised profiles that are essential to carry out Parliament’s core business; notes that only services that are essential may be considered for a potential internalisation exercise; highlights that some services are carried out by external service providers due to their specific nature which does not meet the conditions for internalisation; is therefore of the opinion that the services not meeting these conditions should not be considered for internalisation by the governing bodies and thus, is of the opinion that Parliament's governing bodies should consider the internalisation of essential services such as catering and cleaning, as Parliament has previously done with security and IT services, as well as with the CPE2 crèche in Luxembourg; calls on the Secretary-General to carry out a feasibility study on the internalisation of catering and cleaning services in order to have a reasonable cost-benefit analysis and to report back to the Committee on Budgetary Control on the outcome;
Amendment 97 #
2023/2130(DEC)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58a. Recalls Parliament’s recommendation to the Commission in its resolution of 18 April 2018 “to review its administrative procedure for the appointment of senior officials with the objective of fully ensuring that the best candidates are selected within a framework of maximum transparency and equal opportunities, thereby also setting an example for the other European institutions”; is of the opinion that Parliament, regarding appointment procedures, should always meet the highest standards in terms of transparency, accountability and good administration; calls therefore on the Bureau to include the appointment to the post of secretary-general in its decision of 16 May 2022 laying down the steps in the procedure for appointing senior officials;
Amendment 113 #
2023/2130(DEC)
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67a. Recalls the Bureau decision of 23 October 2019 to approve the creation of an IDEA Lab with the aim of testing new, innovative solutions in the context of offices and facility management; points out that the IDEA Lab is supposed to be at the disposal of Members and thus, points out that Members have not been properly and proactively informed about the innovations to be tested nor their costs; notes the high annual maintenance cost of IT solutions that are not being implemented in Parliament; calls on the Bureau working group on buildings and Parliament’s administration to ensure greater transparency regarding the functioning and budget for the IDEA Lab and to regularly present to the Committee on Budgetary Control the list of innovative solutions, their cost and the feedback produced, as well as the potential saving if implemented;
Amendment 127 #
2023/2130(DEC)
Motion for a resolution
Paragraph 73 b (new)
Paragraph 73 b (new)
73b. Is concerned that the Osmose building in Strasbourg will not be able to accommodate meeting rooms, as was the initial reason for renting it and that this will not be solved even if part of the administration is moved to that building; is concerned about the hidden costs of the Osmose project, i.e. leasing, cleaning and security that would amount to EUR 189 981 000 for the stipulated leasing period of 99 years, in addition to EUR 10.3 million for furnishing, security and IT equipment and the still undetermined cost for connecting the Osmose building to Parliament premises; believes that the Legal Service shall confirm whether Parliament can take on a leasing from the French authorities on a building they don’t own;
Amendment 164 #
2023/2130(DEC)
Motion for a resolution
Paragraph 110 a (new)
Paragraph 110 a (new)
110a. Welcomes the Parliament's recent introduction of the possibility for Members on maternity leave or in expectation of childbirth to indicate absence from votes; deplores nonetheless the fact that there is no system in place to ensure that Members who are temporarily absent for a justified reason, such as maternity leave, parental leave, long-term sick leave or carer’s leave, can continue to carry out their core duties if they so wish and are able to, first and foremost to vote; deems this problematic as it can negatively impact citizens’ representation in Parliament; underlines that younger, particularly female, Members and their voters are disproportionately affected when no such arrangements are provided for; emphasizes that a vote for a female Member of Parliament should not lead to a lack of representation; calls on the Committee on Constitutional Affairs to provide for the possibility of continuation of remote participation by revising Parliament’s Rules of Procedure;
Amendment 165 #
2023/2130(DEC)
Motion for a resolution
Paragraph 110 b (new)
Paragraph 110 b (new)
110b. Notes that the suspension of Strasbourg part-sessions during the Covid-19 pandemic contributed to total savings of EUR 26 260 608 according to Parliament’s Secretariat, while also significantly reducing Parliament’s carbon footprint; highlights that the Court estimates that “the end of moving from Strasbourg to Brussels could generate annual savings of EUR 114 million plus a one-off saving of EUR 616 million if the Strasbourg buildings are successfully divested, or a one-off cost of EUR 40 million if they are not"1a; considers that given the current climate crisis, retaining the Strasbourg seat is irresponsible, calls on the Council to take Parliament’s position into account and act on it as a matter of urgency; _________________ 1a https://www.eca.europa.eu/other%20publi cations/pl1407_letter/pl1407_letter_en.pdf
Amendment 166 #
2023/2130(DEC)
Motion for a resolution
Paragraph 110 c (new)
Paragraph 110 c (new)
Amendment 169 #
2023/2130(DEC)
Motion for a resolution
Paragraph 111
Paragraph 111
111. Welcomes Parliament’s zero tolerance policy on harassment and the awareness-raising campaigns carried out; stresses that the Code of Appropriate Behaviour for Members of the European Parliament seeks to ensure that Members behave towards everyone working in Parliament with dignity, courtesy and respect and without prejudice or discrimination; recalls that in 2022, 56 MEPs participated in the training session; notes that, since November 2018, when the first sessions were offered, a total of 324 current MEPs had participated in the training session, plus 56 former Members whose mandate has ended; notes that in 2022, 106 members of staff and APAs had participated in anti-harassment training courses; notes with concern that cases of harassment are still occurring regardless of the activities being carried out to eliminate harassment in the work place; recalls that Parliament has requested on several occasions the implementation of mandatory anti-harassment training courses for all Members, as well as staff, including persons in managerial roles in the different Directorates-General and political groups;
Amendment 178 #
2023/2130(DEC)
Motion for a resolution
Paragraph 117
Paragraph 117
117. Welcomes the decisions taken by the Bureau; recalls that the problem will still need to be addressed in the future; notes that legal assessment of the latest judgments of the Court of Justice of the European Union and their consequences for future Bureau decisions were also made available to the Members of the Bureau in order to allow them to take an informed decision; notes that there are ongoing appeals in the Court of Justice of the European Union and the matter will need to be addressed again after the judgments are handed down; recalls that the Parliament does not have a legal obligation to guarantee particular levels of payouts of the fund, nor would have to assume and take over its obligations in case of its insolvency as no contract between the fund and Parliament exists3a; recalls that the Fund has always constituted a purely supplementary pension for those Members making use of it3b; also notes that the Fund's beneficiaries contributed to the fund only through the General Expenditure Allowance and that the Fund's investment portfolio included, and possibly still includes, shares in the fossil fuel industry3c, calls in light of these characteristics of the Fund for the Secretary-General to guarantee that no taxpayer money is used for any future bail-out; _________________ 3a https://papers.ssrn.com/sol3/papers.cfm?a bstract_id=3739504 3b https://www.europarl.europa.eu/RegData/ etudes/STUD/2021/659763/IPOL_STU(20 21)659763_EN.pdf 3c https://euobserver.com/green- economy/156605
Amendment 179 #
2023/2130(DEC)
Motion for a resolution
Paragraph 117
Paragraph 117
117. Welcomes the decisions taken by the Bureau; recalls that the problem will still need to be addressed in the future as the measures adopted are expected to extend the lifespan of the VPF only by two or three years and asks the Administration and the Bureau to guarantee that no taxpayer money is used for any future bail-out; notes that legal assessment of the latest judgments of the Court of Justice of the European Union and their consequences for future Bureau decisions were also made available to the Members of the Bureau in order to allow them to take an informed decision; notes that there are ongoing appeals in the Court of Justice of the European Union and the matter will need to be addressed again after the judgments are handed down;
Amendment 183 #
2023/2130(DEC)
Motion for a resolution
Paragraph 117 a (new)
Paragraph 117 a (new)
117a. Acknowledges that Parliament is not involved in the management of the VPF’s investment portfolio but expresses its concern regarding press reports on the investments made by the Fund in controversial sectors and the potential reputational risk for the institution;
Amendment 2 #
2022/2082(DEC)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to its resolution of 16 September 2021 on strengthening transparency and integrity in the EU institutions by setting up an independent EU ethics body;
Amendment 3 #
2022/2082(DEC)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
— having regard to its resolution of 15 December 2022 on suspicions of corruption from Qatar and the broader need for transparency and accountability in the European institutions;
Amendment 4 #
2022/2082(DEC)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas trust in Parliament’s integrity and the rule of law is paramount for the functioning of European democracy; whereas it is key to ensure that democratic processes are not captured by private and external interests and that citizens’ rights are fully respected;
Amendment 63 #
2022/2082(DEC)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Recalls Parliament’s recommendation to the Commission in its resolution of 18 April 2018 ‘to review its administrative procedure for the appointment of senior officials with the objective of fully ensuring that the best candidates are selected within a framework of maximum transparency and equal opportunities, thereby also setting an example for the other European institutions’; is of the opinion that an ad hoc accelerated appointment procedure and an interview made up of only three questions to select its Secretary-Generalthat lasted less than 4 months, setting the required grade lower than that of direct subordinates and a single interview made up of only three questions to select its Secretary-General, a position that oversees over 9 000 staff members and a EUR 2 billion annual budget, falls short of what is expected of Parliament in terms of transparency, accountability and good administration, and it is profoundlyhas generated public criticism preventing it from being perceived as an open, fair and transparent procedure, which is a barrier to attracting candidates and is also damaging to the institution’s reputation; recalls furthermore its own recommendation that officials from staff representatives bodies should sit on Parliament’s senior management selection panels; calls therefore on the Secretary- General to submit a proposal to the Bureau to modify its decision of 16 May 2000 laying down the steps in the procedure for appointing senior officials, in order to include the appointment to the post of secretary-general as well as to enable staff representatives to participate as observers in the Advisory Committee, which is fully compatible with Article 3(4) of Annex III of the Staff Regulations;
Amendment 86 #
2022/2082(DEC)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Stresses that transparency, accountability, and integrity are essential ethics principles within the Union institutions and particularly Parliament as house of the European democracy; recalls that unethical behaviours must be prevented, persecuted and condemned for significantly damage the credibility and legitimacy of the UnionParliament and the Union as a whole and constitute a serious threat to democracy and public trust; recalls the Court’s conclusions and recommendations in its special report 13/2019 on the ethnical frameworks of Union institutions, as well as Parliament’s resolution of 16 September 2021 on strengthening transparency and integrity in the Union institutions by setting up an independent Union ethics body;
Amendment 89 #
2022/2082(DEC)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Calls for a thorough overhaul of Parliament’s ethical framework that integrates lessons learned, ensures fully implementation and strengthens the current control rules to ensure that there are stronger deterrents to address effectively current and future threats and interferences, whether they affect Members or staff; stresses that illegal activities funded by paid lobbying constitutes a profound attack on democracy and should be met with zero tolerance and heightened vigilance; calls in particular for a revision of the Rules of Procedure and the Members’ Code of Conduct, as well as for an urgent upgrade of the current European Parliament’s Advisory Committee on the Conduct of Members, in order to ensure that Members act without any undue influence from interest representatives by means of a strict regulation of paid activities during the mandate, gifts or travel invitations, future employment expectations, and of undue use of information or contacts; echoes the proposal to create a special advisory committee on integrity, transparency and corruption with the participation of representatives of the Administration, APAs representatives, and also independent experts; recommends mandatory anti-corruption and transparency training for Members, APAs and staff members;
Amendment 90 #
2022/2082(DEC)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Calls for a thorough overhaul of Parliament’s ethical framework that integrates lessons learned and strengthens the current rules to ensure that there are stronger deterrents to address effectively current and future threats and interferences, whether they affect Members or staff; stresses that illegal activities funded by paid lobbying constitutes a profound attack on democracy and should be met with zero tolerance and heightened vigilance; calls in particular for a revision of the Rules of Procedure and the Members’ Code of Conduct, as well as for an urgent upgrade of the current European Parliament’s Advisory Committee on the Conduct of Members, amongst others through appointing external independent experts on integrity to the Committee, in order to ensure that Members act without any undue influence from interest representatives by means of a strict regulation of paid activities during the mandate, gifts or travel invitations, future employment expectations, and of undue use of information or contacts; highlights in this regard also the need for stricter rules, more transparency, and monitoring on side-income of Members as this may lead to conflicts of interest, as well as requiring more detailed declarations of interests;
Amendment 97 #
2022/2082(DEC)
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
62a. Calls for the provision of all necessary resources to ensure that the internal rules related to the Transparency Register are effectively enforced, including, where appropriate, the imposition of adequate sanctions; recommends in particular that digital solutions are used to integrate the Transparency Register in all Parliament's activities involving external entities, such as requesting the registration number for accreditation of visitors and for organisation of events, as well as to cross- check the relevant records and databases;
Amendment 98 #
2022/2082(DEC)
Motion for a resolution
Paragraph 62 b (new)
Paragraph 62 b (new)
62b. Regrets that the EPRS organised in June 2022 a two-day conference together with two non-governmental organisations, Fight Impunity and No Peace Without Justice, which were not registered in the Transparency Register and are today at the origin of one of the biggest corruption scandals ever suffered by Parliament; urges the Administration to put in place the means to strengthen internal rules and instruments for the prevention of conflicts of interest, such as the Early Detection and Exclusion System (EDES) and the Public Procurement Forum (PPF), particularly with regard to events and studies commissioned by Parliament's bodies, and to make registration in the Transparency Register compulsory for external entities participating in any form;
Amendment 112 #
2022/2082(DEC)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65a. Considers roll call votes (RCV) to be a key instrument for transparency and accountability towards the Union’s citizens; calls for introducing automatic RCV to any final vote except for secret ballots, and for increasing the number of RCV that are possible for a political group to ask for per part-session in Rule 190-2, or exempting legislative files from that limitation;
Amendment 116 #
2022/2082(DEC)
Motion for a resolution
Paragraph 66 a (new)
Paragraph 66 a (new)
66a. Calls on the Bureau to revise the Code of Conduct by including restrictions on Members to hire not only direct, but also indirect family members;
Amendment 119 #
2022/2082(DEC)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Welcomes Parliament’s zero- tolerance policy on harassment and the awareness-raising campaigns carried out; is concerned, however, that on 28 October 2022 only 245 sitting Members (36,3%) had completed the training on respect and dignity in the workplace; recalls that Parliament has requested on several occasions the implementation of mandatory anti-harassment training courses for all Members, as well as staff, including persons in managerial roles in the different directorates-general and political groups; stresses the importance of early intervention, together with training and awareness-raising actions and notes the initiative taken by the administration to set up internal mediators as a step towards early conflict resolution;
Amendment 121 #
2022/2082(DEC)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Notes that the ‘advisory committee on harassment and its prevention at the workplace’ is composed of three members designated by the Appointing Authority (including the chair), two Staff Committee members and one expert advisor from the medical service; notes that the ‘advisory committee dealing with harassment complaints concerning Members’ is composed of three Quaestors (including the chair), the chair of the first committee, two APA committee members, one staff committee member (only for cases concerning a member of staff), and two expert advisors, namely from the legal and the medical services respectively; is concerned by the lack of independent experts on harassment issues in both committees, as well as the absence of the legal service in the first case; calls for a Secretary-General decisionon the Bureau to reviewing the composition of both advisory committees andin order to include the pertinent independent expertise and to stipulatinge mandatory training on harassment prevention and equal opportunities for all their membersinternal members; strongly recommends a complete review of the functioning of the advisory committees with the assistance of independent legal and harassment prevention specialists, so that Parliament is equipped with clear, effective and robust rules of procedure while focusing on adequate response times and the necessary procedural safeguards, information, counselling and protection measures for all parties as appropriate;
Amendment 127 #
2022/2082(DEC)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Reiterates that APAs are in a particularly vulnerable position in whistleblowing cases due to their particular employment situation; therefore calls on the Secretary-General to modify the internal rules on whistleblowing adopted on 4 December 2015 to align them to Directive (EU) 2019/1937 of the European Parliament and of the Council2 , as well as to provide whistleblower APAs and staff with a similar protection to that of victims of harassment, in particular with regard to provisional measures during the administrative investigation and protection measures concerning anonymity, pay until the end of the contract, transfer of post and protection from retaliation; _________________ 2 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).;
Amendment 154 #
2022/2082(DEC)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. Deplores the fact that there is no system in place to ensure that Members who are temporarily absent for a justified reason, such as maternity leave, parental leave, long-term sick leave or carer’s leave, can continue to carry out their core duties if they so wish, first and foremost to speak in debates and to vote; deems this problematic as it can negatively impact citizens’ representation in Parliament; underlines that younger, particularly female, Members and their voters are disproportionately affected when no such arrangements are provided for; emphasizes that a vote for a female member of Parliament should not lead to a lack of representation; calls on the Committee on Constitutional Affairs to provide for the continuation of remote participation and for providing for the substitution of a Member - whether female or male - while on parental leave and in the above mentioned cases by revising Parliament’s Rules of Procedure; equally emphasises the importance of amending the European Electoral Law so as to make such substitution possible;
Amendment 156 #
2022/2082(DEC)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. Takes note of the changes in Parliament’s Rules of Procedure on 20 December 2020 allowing for remote voting; regrets that voting remotely in committee is currently not provided for under Parliament’s Rules of Procedure unless the President establishes the existence of extraordinary circumstances; reiterates its request, adopted at Plenary level on several occasions, to the Bureau to launch a revision of the Rules of Procedure in order to enable Members to exercise their right to vote remotely while benefiting from maternity or paternity leave, during a long term illness or in cases of force majeure, thus capitalising on the great effort and financial investment that the Parliament has made in technical solutions to allow remote voting;
Amendment 162 #
2022/2082(DEC)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Notes the architectural competition on the design of the renewal of the Spaak building in which the competitors handed over their proposals in January 2021, the jury analysed the 15 entries and ranked the five laureates in February 2021 and the Bureau endorsed the five laureates proposed by the jury at its meeting of 6 July 2022; believes that the current economic context calls for renovation projects to be reconsidered in order to explore money-saving opportunities to bring safe working conditions to Members and Parliament’s staff without unreasonable budgetary implications; also calls in this light for proper information and consultation to the relevant Parliament committees on next actions in the renovation plans, as well as where the purchase of new buildings is concerned, particularly regarding possible plans to acquire the Osmose building;
Amendment 181 #
2022/2082(DEC)
Motion for a resolution
Paragraph 103
Paragraph 103
103. Recalls that transport of persons accounts for roughly two-thirds of Parliament’s carbon footprint; notes that the CO2 emissions from the monthly commutes to Strasbourg in 2021 were approximately 490 tonnes of CO2 including travel of staff and APAs, and transport of documents and equipment; also notes that the suspension of Strasbourg part-sessions contributed to total savings of EUR 26 260 608 according to Parliament’s Secretariat, while also significantly reducing Parliament’s carbon footprint; highlights that the Court estimates that “the end of moving from Strasbourg to Brussels could generate annual savings of EUR 114 million plus a one-off saving of EUR 616 million if the Strasbourg buildings are successfully divested, or a one-off cost of EUR 40 million if they are not"1a; considers that given the current climate crisis, retaining the Strasbourg seat is untenable, calls on the Council to take Parliament’s position into account and act on it as a matter of urgency; _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/PL1407_LETTER/PL1407_LETT ER_EN.pdf
Amendment 210 #
2022/2082(DEC)
Motion for a resolution
Paragraph 114 a (new)
Paragraph 114 a (new)
114a. Recalls that pursuant to Rule 11(4) of Parliament’s Rules of Procedure, Parliament provides Members already with the possibility of publishing a voluntary audit or confirmation of their general expenditure allowance expenses; regrets that only 18 voluntary declarations on the use of the general expenditure allowance were submitted during the calendar year 2021; calls on Parliament’s services to send an annual reminder to Members in relation to this possibility; calls on the Bureau to periodically inform the discharge authority of the number of Members who have followed these recommendations;
Amendment 215 #
2022/2082(DEC)
Motion for a resolution
Paragraph 116
Paragraph 116
116. Is concerned that the actuarial deficit of the Voluntary Pension Fund (VPF) on 31 December 2021 amounted to EUR 379 million (compared to EUR 371.3 million on 31 December 2020); is concerned that the complete exhaustion is expected by the end of 2024 or 2025 at the latest and that in the meantime the VPF continues to sell assets in order to meet its pension obligations, which probably means that the remaining capital is being reduced; notes that in its judgment of 15 September 2021 in cases T-720/19 to T-725/19, Ashworth and Others v Parliament3 , the Court of Justice of the European Union (CJEU) concluded that already acquired rights were not impacted by the contested Bureau decision of 10 December 2018 and confirmed the Bureau's competence to adopt decisions aiming at improving the sustainability of the fund provided that they respect the principle of proportionality; notes that an appeal was lodged before the CJEU against its judgment of the 15 September 2021 and that Parliament’s Bureau will examine the implications for future proposals for options to improve the sustainability of the Fund while reducing Parliament`s liability; _________________ recalls that the Parliament does not have a legal obligation to guarantee particular levels of payouts of the fund, nor would have to assume and take over its obligations in case of its insolvency as no contract between the fund and Parliament exists1a; recalls that the Fund has always constituted a purely supplementary pension1b; also notes that the Fund's beneficiaries contributed to fund only through the General Expenditure Allowance and is concerned by reports that the Fund's investment portfolio included, and possibly still includes, shares in the arms, tobacco, mining and fossil-fuels industries1c; calls in light of these characteristics of the Fund for the Secretary-General to guarantee that no taxpayer money is used for any future bail-out; considers that a review of the financial model of the fund would not be sufficient to prevent additional taxpayers money from being used for future payments; urges the Secretary-General therefore to also propose measures to the Bureau on adjusting the modalities of the fund, including a further increase of the retirement age and a reduction of pension benefits paid out; _________________ 1a https://europa.pvda.nl/wp- content/uploads/sites/458/2020/11/The- legal-status-of-the-guarantees-for-the- MEP-Pension-Fund.pdf 1b https://www.europarl.europa.eu/RegData/ etudes/STUD/2021/659763/IPOL_STU(20 21)659763_EN.pdf 1c https://euobserver.com/green- economy/156605 3 Judgment of the General Court of 15 September 2021, Richard Ashworth and Others v European Parliament, T-720/19 to T-725/19, ECLI:EU:T:2021:580
Amendment 312 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, products and services, those of their subsidiaries, as well as their established direct and indirect business relationships throughout their value chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. As a result, in this situation there is no reasonable prospect of change, and therefore the company should be required to terminate the business relationship with respect to the activities concerned. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s value chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 356 #
2022/0051(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selection of high-impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, wearing apparel, leather and related products (including footwear), and the wholesale trade and retail of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, marketing and advertising of food and beverages, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, and beverages; energy, the extraction, transport and handling of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value chain and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liabi, construction and related activities, the provision of financial services, such as loans, credits, financing, pensions, market funding, risk management, payment services, securitisation, insurance or reinsurance, investment services and activities and other financial services; and the production, provision and distribution of information and communication technologies or related services, including hardware, device or component manufacturers, software solutions, including artificial intelligence, surveillance, facial recognition, data storage or processing, telecommunication services, including internet service providers or exchange points, web-based and cloud-based services, including social media and networking, messaging, e- commerce, delivery, mobility, and other platform services, and tourism and hospitality.
Amendment 389 #
2022/0051(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In line with international standards, prevention and mitigation as well as bringing to an end and minimisation of adverse impacts should take into account the interests of those adversely impacted. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a last-resort action, in line with the Union`s policy of zero-tolerance on child labour. Terminating a business relationship in which child labour was found could expose the child to even more severe adverse human rights impacts. This should therefore be taken into account when deciding on the appropriate action to take, and disengagement should be avoided where the impact of disengagement would be greater than the adverse impact the company is seeking to prevent or mitigate. In situations of state-imposed forced labour, where the adverse impact is systemic and organized by political authorities, unhindered engagement with those adversely impacted and mitigation are not possible. This Directive should ensure that companies terminate a business relationship where state-imposed forced labour is systemic.
Amendment 467 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be required to lay down rules governing the civil liability of companies for damages arising due to its failure or the failure of a company under its control, to comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimistigate their extent, or provide remediation, and as a result of this failure the company caused or contributed to an adverse impact that should have been identified, prevented, mitigated, remediated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage, and led to damage. The company should also be liable for failures by a company under its control. A company should be considered under the control of another company where the latter has the possibility to exercise decisive influence on another company, in particular through ownership or the right to use all or part of the assets of the latter, or through rights or contracts or any other means, having regard to all factual considerations, which confer decisive influence on the composition, voting or decisions of the decision making bodies of an undertaking. For example, a company may be considered as exercising decisive influence on another through franchise agreements, where the franchisor exercises control over the use of the trademark and know how that are licensed, as well as license agreements, subcontracting agreements or outsourcing agreements.
Amendment 526 #
2022/0051(COD)
2. This Directive shall not constitute grounds for reducing the level of protection of human rights, including trade union, workers' or social rights, or of protection of the environment or the protection of the climate provided for by the law of Member States, or by collective agreements applicable, at the time of the adoption of this Directive.
Amendment 543 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 2500 employees on average and had a net worldwide turnover of more than EUR 1540 million in the last financial year for which annual financial statements have been prepared, including turnover generated through vertical agreements in return for payment of royalties;
Amendment 553 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 408 million in the last financial year for which annual financial statements have been prepared, including turnover generated through vertical agreements in return for payment of royalties, provided that at least 530% of this net turnover was generated in one or more of the following sectors:
Amendment 568 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii a (new)
Article 2 – paragraph 1 – point b – point iii a (new)
(iiia) Tourism and hospitality, including hotels, holiday, short-stay and other similar accommodation;
Amendment 694 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) ‘business relationship’ means a relationship withbetween on the one hand a company or its subsidiaries, and on the other hand a contractor, subcontractor, franchisee or any other legal entities (‘partner’) in its value chain, irrespective of whether the relationship is direct or indirect
Amendment 792 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(qa) 'leverage' means the ability to affect change in the practices of the entity causing the adverse impact, or which may cause the adverse impact as outlined in OECD due diligence guidance;
Amendment 793 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q b (new)
Article 3 – paragraph 1 – point q b (new)
(qb) ‘contribute to’ means that a company's activities, in combination with the activities of other entities, cause an impact, or that the activities of the company cause, facilitate or incentivise another entity to cause an adverse impact. The contribution has to be substantial, meaning that minor or trivial contributions are excluded. Assessing the substantial nature of the contribution and understanding when the actions of the company may have caused, facilitated or incentivised another entity to cause an adverse impact can involve the consideration of multiple factors. The following factors can be taken into account: – the extent to which a company may encourage or motivate an adverse impact by another entity, i.e. the degree to which the activity increased the risk of the impact occurring, – the extent to which a company could or should have known about the adverse impact or potential for adverse impact, i.e. the degree of foreseeability, – the degree to which any of the company's activities actually mitigated the adverse impact or decreased the risk of the impact occurring. The mere existence of a business relationship or activities which create the general conditions in which it is possible for adverse impacts to occur does not in itself constitute a relationship of contribution. The activity in question should substantially increase the risk of adverse impact;
Amendment 867 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall ensure that undertakings allocate sufficient resources, including financial and human resources, to the implementation of the due diligence policy.
Amendment 1228 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Requirements on companies to report on their due diligence process established in Directive 2013/34/EU shall be understood as a requirement for companies to describe how they conduct due diligence as provided for in Article 4. When fulfilling the requirements of Directive 2013/34/EU to report on actions taken to identify potential or actual adverse, companies shall disclose the mapping of their individual operations, subsidiaries and business relationships, and explain whether they prioritised the order in which they took appropriate measures , how that approach was applied, and why it was necessary to prioritise. Member States shall ensure that companies that are not subject to reporting requirements under Articles 19a and 29a of Directive 2013/34/EU report on the matters covered by this Directive by publishing on their website an annual statement in a language customary in the sphere of international business. The statement shall be published by 30 April each year, covering the previous calendar year.
Amendment 1235 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
The Commission shall adopt delegated acts in accordance with Article 28 concerning the content and criteria for such reporting under paragraph 1, specifying information on the description of due diligence, its design and methodology, potential and actual adverse impacts and actions taken on those. This reporting should be accessible and sufficiently detailed to demonstrate it complied with the obligations under this Directive.
Amendment 1302 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. The company shall be responsible for assessing the reliability and quality of any initiative or independent third party verification provider that they use or participate in, and the accuracy and quality of the information they receive or activities undertaken by the initiative or verification provider.
Amendment 1304 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4 b (new)
Article 14 – paragraph 4 b (new)
4b. Where a company chooses to use an initiative or third party verification provider to assess or verify the due diligence practices of its subsidiaries or business partners, or its own due diligence, in accordance with this Directive, Member States shall ensure that the relevant due diligence assessment report is published in a timely manner, with reasonable detail about the assessment, the adequacy of the assessed entity’s due diligence against the requirements of this Directive and the main assessment findings.
Amendment 1362 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. A supervisory authority may initiate an investigation on its own motion or as a result of substantiated concerns communicated to it pursuant to Article 19, where it considers that it has sufficient information indicating a possible breach by a company of the obligations provided for in the national provisions adopted pursuant to this Directive, or possible misconduct by an entity engaged in third-party verification, an industry initiative or multi-stakeholder initiatives which may lead to a breach by an undertaking of these provisions.
Amendment 1420 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the rules on sanctions applicable to infringements, and misconduct leading to infringements of national provisions adopted pursuant to this Directive, including resulting from the investigations set out in Article 18, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 1489 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Member States shall ensure that auditors can be held jointly liable if: (a) faulty audits contributed to a failure of the company to comply with the obligations laid down in Articles 7 and 8 and; (b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damage.
Amendment 1514 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The courts of Member States shall accept prima facie evidence that an entity is under the control or the ability to control of a company, unless the company can prove otherwise.
Amendment 1529 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The civil liability rules under this Directive shall be without prejudice to Union or national rules on civil liability, including rules on joint and several liability, related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive. The civil liability rules under this Directive shall neither exclude nor limit companies' liability under Union or national legal systems regarding civil liability.
Amendment 71 #
2021/2251(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 11 #
2021/2180(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls its resolution of 8 July 2021 on the creation of guidelines for the application of the Conditionality Regulation; insists that the Commission include in its annual rRule of law reports a section dedicated to cases where rRule of law breaches in a Member State have affected, could affect or seriously risk affecting the sound financial management of the Union budget or the protection of the Union’s financial interests in a sufficiently direct way; calls on the Commission to present in its future reports a summary of the actions undertaken at national or EU level to address such cases, as well as to what extent they have protected the Union’s budget;
Amendment 16 #
2021/2180(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets that the Commission has not implemented the recommendations included in Parliament’s resolution of 24 June 2021 and, as a result, that the 2021 report remains mainly descriptive and does not provide sufficient analysis or foresees remedies, which undermines its preventive role; recalls its request to the Commission to include country-specific recommendations on how to address the concerns identified or remedy Rule of law breaches, including concrete actions and deadlines for implementation, as well as to follow-up on the implementation of its recommendations and the remedial actions; reiterates that the annual reports shall assess the intensity of the Rule of Law breaches, as well as the systemic or isolated nature; believes that the Commission’s recommendations shall be linked to concrete Union tools, such as the Article 7 TEU procedures or the Conditionality Regulation, for cases where Member States fail the implementation;
Amendment 33 #
2021/2180(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that corruption prevention policies cover many fields, typically including ethical rules, awareness-raising measures, rules on asset disclosures, incompatibilities and conflicts of interest, public procurement, internal control mechanisms, rules on lobbying, and revolving doors; reiterates the role of national measures in preventing fraud and corruption, as well as in recovering the profit from those cases; welcomes in this regard the information included in the 2021 report about cases of corruption involving high-level officials in Member States and calls on provision of more clarification in future reports with regard to whether EU funds have been affected;
Amendment 24 #
2021/2107(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the fact that Strasbourg part-sessions were suspended for the most part in the year 2020 and that digitalised processes included the organisation of remote meetings and remote voting systems in plenary and parliamentary committees; calls on the President of the Parliament to allow for a remote participation of Members until the COVID-19 pandemic is brought to safe levels; notes that the suspension of Strasbourg part-sessions contributed to total savings of EUR 26 260 608 according to Parliament’s Secretariat, while also significantly reducing Parliament’s carbon footprint; highlights that the Court estimates that “the end of moving from Strasbourg to Brussels could generate annual savings of EUR 114 million plus a one-off saving of EUR 616 million if the Strasbourg buildings are successfully divested, or a one-off cost of EUR 40 million if they are not"1a; considers that given the current climate crisis, retaining the Strasbourg seat is irresponsible, calls on the Council to take Parliament’s position into account and act on it as a matter of urgency; _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/PL1407_LETTER/PL1407_LETT ER_EN.pdf
Amendment 33 #
2021/2107(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Deplores the fact that there is no system in place to ensure that Members who are temporarily absent for a justified reason, such as maternity leave, parental leave, long-term sick leave or career’s leave, can continue to carry out their core duties, first and foremost to speak in debates and to vote; deems this problematic as it can negatively impact citizens’ representation in Parliament; underlines that younger, particularly female, Members and their voters are disproportionately affected when no such arrangements are provided for; emphasizes that a vote for a female member of Parliament should not lead to a lack of representation; calls on the Committee on Constitutional Affairs to provide for the continuation of remote participation and for providing for the substitution of a Member - whether female or male - while on parental leave and in the above mentioned cases; by revising Parliament’s Rules of Procedure and the European Electoral Law; also calls for maintaining the option of remote participation for Members, particularly for Members in the aforementioned situations;
Amendment 73 #
2021/2107(DEC)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Calls on Parliament to publish a list of all friendship groups in Parliament on its website; Is concerned with the legitimacy that some parliamentary friendship groups may provide to regimes with dubious records regarding human rights and democracy where such groups do not make sufficiently clear that they do not represent Parliament’s official position; considers full transparency and more oversight of these groups essential to prevent reputational damage and conflicts of interest; calls therefore on Parliament to publish a list of all friendship groups in Parliament on its website, including its participants; also calls on the Quaestors to proactively request annual declarations outlining the support and funding received which the participating members have not declared individually already and create an accessible and up-to-date register of these declarations; calls on the Quaestors to develop the rules on such support further;
Amendment 74 #
2021/2107(DEC)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52 a. Deplores the fact that Members are participating in unofficial election observation missions, as well as the expenditure incurred on these missions, believes such missions jeopardise Parliament's reputation; notes eight such instances in 2020 linked to Crimea and Venezuela; calls on the Bureau and democracy support and election coordination group to extend the duration of barring the members concerned from undertaking official election observation missions from one year to the entire mandate, where this is not already the case;
Amendment 77 #
2021/2107(DEC)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53 a. Calls on the Bureau to revise the Code of Conduct by including a prohibition for Members to hire not only direct, but also indirect family members; is surprised that hiring indirect family members is not currently in breach of Parliament’s integrity rules; also calls on the services to amend Article 43 of the Implementing Measures for the Statute for Members accordingly;
Amendment 78 #
2021/2107(DEC)
Motion for a resolution
Paragraph 54 a (new)
Paragraph 54 a (new)
54 a. Is concerned that out of the 459 Members of the 8th Parliamentary term that were not re-elected in 2019, Parliament received only one notification on post-mandate employment pursuant to Article 6 of the Code of Conduct; points out that notifications could help to prevent conflicts of interest, while also preventing former Members who engage in professional lobbying or representational activities directly linked to the Union’s decision-making process from benefiting from facilities granted to former Members; calls therefore on Parliament to improve the implementation of the Code of Conduct, in this regard also draws attention to the resolution to the 2019 European Parliament discharge, in which Parliament calls for an independent assessment on whether post- mandate activities of Members create conflicts of interests; calls on Parliament’s services again to conduct such an assessment;
Amendment 82 #
2021/2107(DEC)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Calls on the Advisory Committee on the Conduct of Members to regularly publish on Parliament’s website any investigations, decisions and sanctions related to potential or real breaches of the Code of Conduct, rather than doing so in the annual report; further calls on Parliament to publish decisions and sanctions imposed by the Advisory Committee against Members on the respective Member’s page on Parliament’s website; notes with interest that according to a study by Transparency International1a, the Advisory Committee could be strengthened further with independent experts on ethics and integrity or with an external Committee consisting of independent experts only as well as by strengthening the Committee’s competences; _________________ 1ahttps://transparency.eu/wp- content/uploads/2021/02/EUIS2_EP.pdf
Amendment 83 #
2021/2107(DEC)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Strongly supports Parliament’s services’ ongoing project to make plenary voting records available on a dedicated space where users will have access to clear and reader-friendly documents, and welcomes the new layout for the roll-call votes in which the individual voting record of each Member will be published, giving the option to visualise the distribution of votes according to inter alia political group affiliation and/or nationality; regrets that it is not yet technically possible for Parliament’s services to allow for the display of the text of each amendment along with the voting record as it is offered by several private providers; calls on Parliamentary services to make available all amendments and roll-call voting records at committee level and to include them in the new layout; also calls on the services to extend the information available to include up-to-date timetables and voting lists, including the final compromise(s) agreed on by the rapporteur and shadows, as per the recommendations from the focus group on strengthening parliamentary prerogatives; further asks Parliament’s services to provide the possibility to Members to test a beta version of the new tool and provide feedback to be taken into account during the development of the tool;
Amendment 86 #
2021/2107(DEC)
Motion for a resolution
Paragraph 56 a (new)
Paragraph 56 a (new)
56 a. Questions the decision by the Parliament’s Secretariat not to cooperate in an institution-wide study on integrity and ethics undertaken by Transparency International, a leading NGO on transparency and anti-corruption, and refusing to take part in staff interviews, or providing information to the organization in light of transparency being one of the leading principles of Parliament’s work;
Amendment 87 #
2021/2107(DEC)
Motion for a resolution
Paragraph 56 b (new)
Paragraph 56 b (new)
56 b. Takes note of 18 investigations carried out by Parliament's services in 2020 into the misuse of allowances in which the offices of 12 Members were involved (compared to 6 Members previously), with them total amounts at risk being EUR 1 318 000 (compared to EUR 560 000 in 2019); commends Parliament’s services for their investigations in this regard, while also pointing to the need to continue monitoring the development of the number and types of cases involved;
Amendment 95 #
2021/2107(DEC)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Recalls that pursuant to Rule 11(4) of Parliament’s Rules of Procedure, Parliament provides Members already with the possibility of publishing a voluntary audit or confirmation of their GEAgeneral expenditure allowance expenses; regrets that only five voluntary declarations on the use of the GEAgeneral expenditure allowance were submitted during the calendar year 2020; calls on Parliament’s services to send an annual reminder to Members in relation to this possibility; calls on the Bureau to periodically inform the discharge authority of the number of Members who have followed these recommendations;
Amendment 100 #
2021/2107(DEC)
Motion for a resolution
Paragraph 60 a (new)
Paragraph 60 a (new)
60 a. Is concerned that out of the 83 Members whose mandate ended in 2020, 72 of whom left due to the withdrawal of the United Kingdom from the European Union, only two returned unused general expenditure allowance funds by the end of that year; calls on Parliament’s administration and Quaestors to assess this figure and consider further measures to improve the general expenditure allowance return rate among Members who leave Parliament;
Amendment 107 #
2021/2107(DEC)
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
62 a. Takes note of the efforts of both Parliament and the Commission to ensure former APAs from the British delegations can transfer acquired pension rights to pension funds in the United Kingdom; calls on Parliament to ensure a solution is found;
Amendment 123 #
2021/2107(DEC)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Notes with serious concern that 17 new harassment cases were opened in 2020; stresses that efforts still need to be made to ensure that the two advisory committees dealing with harassment complaints concerning Members and all members of staff gain more trust from victims of harassment, who may fear that their career or position in Parliament would be at stake if they go through the whole harassment procedure, gather evidence and build their case; urges the Bureau and Secretariat to implement the actions as repeatedly called for in the resolutions on harassment of 26 October 2017 (217/2897 (RSP))1a, 28 November 2019 (2019/2855 (RSP))1b and 10 December 2021 (2021/2986 (RSP))1c, including, notably, publishing the results of an external audit on the current anti-harassment structure in place and making anti-harassment training mandatory for all Members and staff, including persons in managerial roles in the different directorates-general and political groups; _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-8-2017-0417_EN.html 1b https://www.europarl.europa.eu/doceo/doc ument/TA-9-2019-0080_EN.html 1c https://www.europarl.europa.eu/doceo/doc ument/B-9-2021-0587_EN.html
Amendment 142 #
2021/2107(DEC)
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79 a. Commends the Parliament’s services on their decision to continue facilitating hybrid press conferences after the pandemic since this can facilitate the reporting on European affairs for journalists who are not present in Strasbourg or Brussels; recommends that audio-visual and other facilities in Brussels, Strasbourg and the European Parliament liaison offices be developed further, including by increasing VoxBox capacity and modernising the press conference rooms in Strasbourg and Brussels to make them more suitable for hybrid press conferences;
Amendment 145 #
2021/2107(DEC)
Motion for a resolution
Paragraph 83
Paragraph 83
83. Raises concerns on the clearly overpriced purchase price of the SCHOLLcholl building, particularly in light of the reduced need for additional space following adapted working methods since Covid-19, purchased at EUR 74.,9 million EUR, while the market price of the building was previously estimated to be between EUR 42 and 65 million EUR; ;
Amendment 157 #
2021/2107(DEC)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85 a. Calls on the Bureau to take the new health and safety environment, as well as the increase in remote working, into account as criteria for the selection of proposals of renovation/reconstruction of the Paul-Henri Spaak building, given the changed working practices and potential future decrease in physical presence in Parliament;
Amendment 159 #
2021/2107(DEC)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Takes note of the decision of the Bureau of 23 October 2019 to approve the creation of an IDEA Lab in 2020 with the aim of testing new, innovative solutions in the context of offices and facility management; notes that the decision of the Bureau was not based on any specific cost estimate; further notes that as part of the IDEA Lab, one Member’s office, at a cost of EUR 486. 012 EUR, and adjacent showroom, at a cost of at least EUR 203. 978 Euro, were built and equipped over the course of 2020; considers prudent and expedient use of budget allocated to pilot projects of this nature to be important; reminds the Bureau that clear budget lines should be set prior to such projects and that expenditure should be accounted for transparently; considers the testing of innovative office and facility management solutions useful in general but strongly rejects that the extensive costs incurred in this case are justifiable to taxpayers; further raises a strong concern about the fact that the renovated office space is now occupied by the Cchair of the Bureau’s Bbuilding Wworking Ggroup responsible for the project; finds it important that pilot projects benefit from the assessment of a range of Members and assistants so as to guarantee the most valid test results;
Amendment 182 #
2021/2107(DEC)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Recalls that the fund was set up in 1990 to provide Members with an additional pension scheme on a voluntary basis; recalls that before the Members statute was introduced in 2009, Members were already eligible for a pension equivalent to that of their colleagues in the national parliaments, with the exception of Italian, French and Luxembourgish Members, who could therefore contribute to special pension schemes of the European Parliament, which were created in 1981 solely for the needs of the aforementioned three nationalities; recalls therefore that the Voluntary Pension Fund has always constituted a purely supplementary pension; 1a; _________________ 1a https://www.europarl.europa.eu/RegData/ etudes/STUD/2021/659763/IPOL_STU(20 21)659763_EN.pdf
Amendment 184 #
2021/2107(DEC)
Motion for a resolution
Paragraph 93
Paragraph 93
93. Observes with concern that the European Court of Justice estimates that the fund will be insolvent by 2024, while the fund’s last payouts are estimated to be made only by 2091; reiterates that the Bureau’s own commitment to guaranteeing the fund does not constitute a legal obligation to guarantee particular levels of payouts of the fund as no contract between the fund and Parliament exists; appeals to the Bureau, the board of directors and the members of the voluntary pension fund to support measures aiming at limiting the deficit of the voluntary pension fund, while considering any further measures in this light;
Amendment 187 #
2021/2107(DEC)
Motion for a resolution
Paragraph 94
Paragraph 94
94. Notes with interest that, according to Parliament’s Legal Service, it follows from the two judgments that the Court of Justice confirms that acquired rights as such, of Members who have already fulfilled all the necessary conditions for the acquisition of the right to the additional voluntary pension, are fully protected under the general principles of Union law; notes, however, that the judgments also confirm that this does not prevent the Bureau from modifying the conditions as well as modalities of this group of Members on the condition that the principle of proportionality is duly respected, as well as for those Members who have not yet fulfilled all the conditions for the acquisition of pension rights and who therefore only hold future entitlements under the pension scheme, a situation which is further confirmed by the judgement of the Court of Justice of 25 September 2020 in Case C- 223/19:, YS v NK1a; asks the Secretary- General and the Bureau to guarantee that no taxpayer money is used for any future bail-out; considers that a review of the financial model of the fund would not be sufficient to prevent additional taxpayers money from being used for future payments; urges the Secretary-General therefore to also propose measures on adjusting the modalities of the fund, including a further increase of the retirement age and a reduction of pension benefits paid out; _________________ 1aJudgment of the Court of Justice of 24 September 2020,YS v NK,C-223/19, ECLI:EU:C:2020:753.
Amendment 194 #
2021/2107(DEC)
Motion for a resolution
Paragraph 101 a (new)
Paragraph 101 a (new)
101 a. Welcomes Parliament's intention to introduce sustainability reporting, which will include social aspects of procurement, calls on Parliament to monitor developments in the field of social and sustainable public procurement, such as the OECD work on public procurement and responsible business conduct, as well as the upcoming Union legislation on corporate due diligence; believes that by incorporating responsible business standards in its procurement and purchasing policies, Parliament can lead by example, safeguard public interest and ensure the accountability of public spending; commends the responsible Parliament services for extending Parliament’s environmental management system to cover other sustainability elements, as well as the setting up of a working group on socially responsible public procurement;
Amendment 195 #
2021/2107(DEC)
Motion for a resolution
Paragraph 101 b (new)
Paragraph 101 b (new)
101 b. Welcomes the complete removal of thermal cameras produced by Hikvision used on Parliament’s premises; calls on Parliament to prevent the purchase and use of products that may have been produced in violation of sustainability standards and human rights in future; is convinced this can be achieved primarily by incorporating human rights and environmental due diligence standards and practices in Parliament’s procurement procedures;
Amendment 16 #
2021/2106(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its deep concerns regarding the situation concerning the rule of law in a number of Member States, which is deeply worrying in its own right and may ultimately leads to serious losses for the Union budget and underlines its requests to the Commission to use all available tools to halt the ongoing severe violations of the rule of law and limit the risk of such losses. This should include the immediate and full application of Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, by sending a written notification under Article 6(1) of the Regulation to the Member States concerned;
Amendment 28 #
2021/2106(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines its strong and repeated requests to the Commission and executive agencies to ensure the protection of the Union budget by making global and systematic use of digital and automatised systems for reporting, monitoring and audit; remarks that this should include the establishment of a mandatory single interoperable database on beneficiaries of funds from all Union programmes; acknowledges that the Commission proposed to make obligatory the use of a single data-mining and risk-scoring tool for funds under shared management and the Recovery and Resilience Facility; notes that this has not been retained in the adopted texts; highlights that such a system should build on unique identifiers for all recipients including information about their ultimate beneficiaries and should also automatically ensure the use of systems such as the date mining tool, ARACHNE, in order to provide for the best possible protection of the Union finances; notes that this digitalisation is overdue and indispensable given the cross- border nature of misuse of funds, fraud, misappropriations, conflicts of interest, double-funding and other systemic problems; underlines that this single datamining tool should be easily searchable and available for OLAF, EPPO and the Commission, in order to enhance the protection of the Union budget and Next Generation EU against irregularities, fraud and conflicts of interest;
Amendment 44 #
2021/2106(DEC)
11. Calls on the Commission and the budgetary authority to ensure the provision of sufficient funding for audits and controls of Union funds in light of the massive increase of funds to be disbursed during the coming years under the combined MFF and NextGenerationEU instrument;
Amendment 52 #
2021/2106(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to continue promoting gender balance and a gender budgeting approach in the allocated funds; calls onwelcomes the Commission to urgently develop a's progress towards gender mainstreaming methodology in order to integrate a gender equality perspective in all policy areasand the development of pilot methodology for the tracking of gender related expenditure under the MFF 2021- 2027; asks the Commission to inform the Parliament about its feasibility test on the EU funding programmes in the context of Draft Budget 2023;
Amendment 60 #
2021/2106(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets that the Court for the year 2020 has again issued an adverse opinion on the legality and regularity of the expenditure side of the budget and at the same time acknowledges that the level of error has remained stable at 2,7 % in 2020, which is the same as for the year 2019; underlines, however, that an error rate is not the same as fraud and notes that in 2020 six possible fraud cases were reported by ECA to the Union’s Anti Fraud Office (OLAF) compared to nine in 2019’s; reiterates the need to step-up the efforts in the fight against fraud both at Union and Member State level, in close cooperation with the European Public Prosecutor's Office (EPPO) and OLAF;
Amendment 67 #
2021/2106(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that the COVID-19 pandemic has resulted in the relaxation of applicable rules to provide additional liquidity, ands well as to exceptional and necessary flexibility for COVID-19 related expenditure and of administrative rules and controls in the interest of rapid reaction;
Amendment 73 #
2021/2106(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses that the combined effect of the new NextGenerationEU instrument and the delays in adoption of legislation risks putting serious pressure on administrative capacities in Member States and the Commission, which again may lead to more errors, less control and increasedpotential losses for the Union budget;
Amendment 94 #
2021/2106(DEC)
Motion for a resolution
Paragraph 34 – point h
Paragraph 34 – point h
h. developto finalise a gender mainstreaming methodology for use across the budget at the latest by the end of 2022, and to follow the recommendations of the Court in its special report on gender mainstreaming in the EU Budget;
Amendment 122 #
2021/2106(DEC)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Notes with concern that women researchers are underrepresented in Horizon 2020 being only 36% (28% in projects from the European Research Council (ERC), 42 % in Marie- Sklodovska Curie grants and 31%in the other parts of the Programme);
Amendment 134 #
2021/2106(DEC)
Motion for a resolution
Paragraph 59 – point h e (new)
Paragraph 59 – point h e (new)
h e. implement its commitment to gender equality in the Horizon Europe and to report to the Parliament about the proportion of the male and female researchers participating;
Amendment 161 #
2021/2106(DEC)
Motion for a resolution
Paragraph 77 b (new)
Paragraph 77 b (new)
Amendment 246 #
2021/2106(DEC)
Motion for a resolution
Paragraph 112 a (new)
Paragraph 112 a (new)
112 a. Expresses its concern over the very high approval rate of transfer requests into private sector positions for former Commission staff, as this increases the likelihood of the occurrence of conflicts of interest; urges the Commission to review its policy in this regard;
Amendment 271 #
2021/2106(DEC)
Motion for a resolution
Paragraph 117 – point e a (new)
Paragraph 117 – point e a (new)
Amendment 2 #
2021/2103(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with deep concern thethat while in many Member States, civil society organisations are considered to be valuable interlocutors for policy-makers as well as respected service providers, there is a deeply concerning overall shrinking of space for civil society in the EU, which represents a serious threat to democracy and fundamental rights and has worsened during the COVID-19 crisis; ;
Amendment 10 #
2021/2103(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that whilst the COVID-19 pandemic underlined the value of and need for civil society organisations, they often had to overcome significant challenges to continue their work, with the overall space for civil society more constrained during the crisis;
Amendment 16 #
2021/2103(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that the main responsibility for this regression lies with Member StatesMember States bear the primary responsibility to ensure the freedom of civil society, and in many cases fail to do so or deliberately restrict this space;
Amendment 35 #
2021/2103(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Condemns all attempts by Member States to control civil society actors and discriminate between them on a political basis, including by over-regulating the sector, creating hurdles for their establishment or operation, restricting funding, imposing spurious and unnecessary audit requirements, and attempting to delegitimise the sector or actors within it;
Amendment 44 #
2021/2103(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Condemns the centralisation of civil society supervision in several Member States, aimed at increasing government control over civil society organisations.
Amendment 50 #
2021/2103(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Strongly condemns, in particular, the adoption by Hungarian and Polish authorities of acts that restrict the access of non-governmental organisations to funding and that target LGBTIQ+ persons and activists, as well as the discussion of recent legislative proposals designed to prevent such organisations from campaigning publicly;
Amendment 57 #
2021/2103(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Supports Civil Society Organisations campaigning for gender equality and women’s rights, particularly in Poland in campaigning for the right to a safe and legal abortion, and strongly condemns government attempts to shrink the space for women’s rights activists;
Amendment 61 #
2021/2103(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Deplores the insufficient efforts of Member States to facilitate and guarantee access to stable long-term funding for civil society actors, and attempts to selectively delegitimise civil society organisations when they are in receipt of non-state funding, or funding from abroad;
Amendment 79 #
2021/2103(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Condemns the severe restrictions imposed by certain Member States on the right to organise, plan and carry out protests, the disproportionate use of violence by public authorities, and the arbitrary arrests of protesters;
Amendment 99 #
2021/2103(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Condemns the increasing criminalisation and judicial harassment of civil society actors; is concerned about the growing use of strategic lawsuits against public participation (SLAPPs) by powerful public and private actors, and strongly recommends the adoption ofurgently requests from the European Commission a proposal for an anti- SLAPPs directive protecting all parties legitimately engaging in public participation, including access to justice in the victim’s Member State;
Amendment 113 #
2021/2103(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Supports the Commission in launching infringement procedures against Member States that unduly restrict the freedoms of assembly and association, and urges the Commission to make full use of Regulation 2020/2092 as a matter of urgency;
Amendment 133 #
2021/2103(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes a statute for European transnational associations and not-for- profit organisations could provide an extra layer of protection to civil society organisations, faced with undue hurdles to their establishment and operations.
Amendment 2 #
2021/2071(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/20921a _________________ 1a Texts adopted, P9_TA(2021)0287.
Amendment 12 #
2021/2071(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Commission declared that it would develop guidelines for the application of the Regulation, following undue pressure by the European Council;
Amendment 16 #
2021/2071(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note ofRegrets the Commission’s intention to develop guidelines for the application of the Regulation; recalls that Parliament has called the guidelines superfluous; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied;
Amendment 21 #
2021/2071(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Strongly believes that the Regulation is a key tool in light of the extension of EU budgetary instruments following the Covid crisis and in light of the urgent rule of law deficiencies in some member states; upholds that any guidelines or actions for annulment brought by individual member states should in no way delay the application of the Regulation;
Amendment 22 #
2021/2071(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Deeply regrets that the Commission failed to meet the deadline to fulfil its obligations under the Regulation by 1 June 2021, which was clearly stipulated in Parliament's resolution on the matter of 25 March 2021; stresses that Parliament has clearly reiterated that it did not see the need for guidelines in the first place and that a situation in which the Commission accepts unilateral instructions on guidelines by the Council but lets a deadline set by the Parliament lapse is regrettable, especially in light of the fact that the preparation of the guidelines is delaying the application of the Regulation; welcomes therefore Parliament's overwhelming support on June 10th for launching Article 265 TFEU to bring an action for failure to act against the Commission;
Amendment 25 #
2021/2071(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that guidelines are not legally binding; notes with disappointment that the Commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance;
Amendment 28 #
2021/2071(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that guidelines cannot alter, expand or narrow the text of the Regulation; emphasises that in order to add any value, guidelines must clarify how the legislative provisions of the Regulation will be applied in practice and therefore outline the procedure, definitions and methodology that the Commission will apply;
Amendment 34 #
2021/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to avoid any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigaction under the Regulation by sending a written notification uander informing Parliament thereof, as stipulated in Article 6(1) of the Regulation;
Amendment 42 #
2021/2071(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks the Commission to report to Parliament on a quarterly or semi-annualcontinuous and pro- active basis regarding new and ongoing cases under investigation, starting as soon as possible with the first cases;
Amendment 72 #
2021/2071(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. ERecalls the principles of the rule of law, as enshrined in Article 2 TEU, such as legality, legal certainty, prohibition of arbitrariness of the executive powers, effective judicial protection, the separation of powers, and non- discrimination and equality before the law; emphasises the clear link between respect for the rule of law and the efficient implementation of the Union budget in accordance with the principles of sound financial management: economy, efficiency and effectiveness;
Amendment 78 #
2021/2071(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that the bulk of EU funds is implemented under shared management, with Member States having a primary responsibility for sound financial management, transparency and non-discrimination; in this light considers it imperative to supervise the proper functioning of management and control systems, for which the Regulation is a long-awaited and necessary instrument; recalls that measures under the Regulation are necessary in particular, but not exclusively, in cases where other procedures set out in sector-specific or financial legislation would not allow the Union budget to be protected more effectively; stresses that this does not mean that the Regulation is to be considered as a ‘last resort’, but rathermeans that the Commission can use a wide range of procedures to protect the Union’s financial interests, including the Regulation, to be chosen on a case- by-case basis depending on their efficiency and effectiveness;
Amendment 89 #
2021/2071(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that ‘systemic’ breaches, for instance those affecting the functioning of the justice system, the independence of judges or the neutrality of public authorities, have in general a clear indirect impact on the proper management, spending and control of Union funds; considers such ‘systemic’ breaches as affecting the Union budget in a sufficiently direct way;
Amendment 92 #
2021/2071(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that Article 6 of the Regulation sets out all steps and a precise timeline for the adoption of measures under the Regulation; underlines that the procedure for adopting and lifting measures respects the principles of objectivity, non-discrimination and equal treatment of Member States and is to be conducted using a non-partisan and evidence-based approach; stresses that the Commission can still avoid that an action for failure to act is launched by taking the first steps stipulated in Article 6(1) of the Regulation without delay, and informing the Parliament thereof;
Amendment 334 #
2021/2036(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Stresses that the European Union's commitment to respect media freedom and pluralism and to uphold freedom of expression — which includes the right to receive and impart information without interference by public authorities — are enshrined in Article11 of the EU's Charter of Fundamental Rights which mirrors Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms; recalls that Article 2 of the Treaty on European Union (TEU) sets out core values on which the EU is founded including freedom, democracy, the rule of law and pluralism; stresses that further provisions to safeguard media freedom and protect journalists are laid down in the Rule of Law Mechanism, the Digital Services Act and the Audiovisual Media Services Directive; underlines that SLAPPs are at odds with these core values;
Amendment 335 #
2021/2036(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls the importance of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget, which has applied to all commitment and payment appropriations since 1 January 2021; underlines that the Union’s financial interests are to be protected in accordance with EU values and commitments and that the Commission should use the conditionality mechanism if Member States fail to protect these values; commends in this light the important work of investigative journalists in exposing cases of abuses of EU funds and emphasizes the importance of journalists being able to exercise their profession without being hindered by SLAPPs;
Amendment 410 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point a
Annex – point 3 – part II – point a
(a) a recast of the Brussels I Regulation with an explicit rule that in defamation claims or other claims based in civil and commercial law which may constitute a SLAPP the habitual residence of the defendant ashould be the sole forum;
Amendment 411 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point a
Annex – point 3 – part II – point a
(a) a recast of the Brussels I Regulation with an explicit rule that in defamation claims or other claims based in civil and commercial law which may constitute a SLAPP the habitual residence of the defendant ashould be the sole forum;
Amendment 412 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point a a (new)
Annex – point 3 – part II – point a a (new)
(aa) A recast of the Rome II Regulation with an explicit rule that in defamation cases or other cases based in civil and commercial law which may constitute a SLAPP the applicable law is the law of the place to which the publication is directed and, supplementary, the place of editorial control and the place in which the main elements of harm are situated.
Amendment 2 #
2021/2025(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines that the Union's financial interests shall be protected in accordance with the general principles embedded in the Union Treaties, in particular the values in the Article 2 TEU, and with the principle of sound financial management enshrined in the Article 317 of the TFEU;
Amendment 8 #
2021/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the rRule of lLaw is an essential precondition for compliance with the principle of sound financial management and for the protection of the Union’s financial interests, which can only be ensured if public authorities act in accordance with the law, if cases of fraud, corruption, conflicts of interest or other breaches of the law are pursued effectively by investigative and prosecution services, if national courts are independent, and if the decisions of the Court of Justice of the European Union are respected, and if the public scrutiny is maintained by free, independent and pluralistic media;
Amendment 15 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of the Commission’s first Rule of Law Report as a basis on which to build the new cycle of the rule of law mechanismthe reflection of the European Rule of Law Mechanism, which is designed as a yearly cycle of dialogue and assessment in order to promote this principle and to prevent problems from emerging or deepening in the Member States; welcomes the inclusion among its pillars of the justice system, the anti-corruption framework, and other institutional checks and balances, as these are particularly relevant for monitoring the protection of the EU budget;
Amendment 23 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to provide information in its future reports about the way Member States respect the rRule of lLaw and effectively protect the Union’s financial interests, for both EU budget revenue and expenditure, and to highlights well as to put emphasis on cases where breaches of the principles of the Rule of Law in a particular Member State could affect or seriously risks to the Union budget; in affecting the Union's financial interests in a sufficiently direct way; emphasistes that the reports should provide specific assessments and recommendations to the Member States in order to strengthen their preventive role;
Amendment 24 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to provide information in its future reports about the way Member States respect the rule of law and effectively protect the Union’s financial interests, for both EU budget revenue and expenditure, and to highlight serious risks to the Union budget, taking into account the additional risks due to Covid-19 and the related Union funds available to Member States under the Recovery and Resilience Facility; insists that the reports should provide specific assessments and recommendations to the Member States;
Amendment 26 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to provide information in its future reports about the way Member States respect the rule of law and effectively protect the Union’s financial interests, for both EU budget revenue and expenditure, and to highlight serious risks to the Union budget; highlights the need for more attention to fraud related to public procurement in this regard; insists that the reports should provide specific assessments and recommendations to the Member States;
Amendment 28 #
2021/2025(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the Commission shall take into account relevant information from pertinent sources and recognised institutions as relevant, with an emphasis on the European Court of Auditors, the EU Justice Scoreboard, the European Anti-Fraud Office, and the European Public Prosecutor's Office;
Amendment 31 #
2021/2025(INI)
4. Calls on the Commission to assess not only the existence but also the effectiveness of the national anti- corruption strategies, and to use that knowledge to update and enhance the Union’s anti-corruption framework; underlines that anti-corruption frameworks shall cover areas such as, inter alia, ethical rules, awareness-raising measures, rules on asset disclosures, incompatibilities and conflicts of interest, public procurement, internal control mechanisms, rules on lobbying, and revolving doors; highlights likewise that national strategies shall incorporate tools to prevent, detect risk, halt and sanction cases of corruption and fraud, as well as mechanisms to recover the profit from those cases;
Amendment 38 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that transparency, access to public information, the protection of whistleblowers and an overall culture of integrity in public life are key factors that indispensable corruption to beto identifiedy and to prevented; underlines the importance of harmonising definitions and methodologies to obtain comparative data across the EU corruption;
Amendment 40 #
2021/2025(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Warns that the lack of uniform, up to date and consolidated statistics across all Member States hinder the assessment and comparison of data about the investigation and prosecution of corruption offences; calls, therefore, on the Commission to support and to promote the Union-wide harmonisation of definitions of such offences, as well as a better use of the existing data sets and the methodology to develop new ones in order to obtain comparative data across the EU on the treatment of corruption cases;
Amendment 44 #
2021/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the importance of supporting and strengthening cooperation between the EU institutions, the Member States and, in particular, the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) in the fight against corruption; calls on the Commission to propose the provision of adequate budget, resources and or any kind of support necessary for the aforementioned institutions and bodies;
Amendment 48 #
2021/2025(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates that Regulation (EU, Euratom)Believes that the situation as regards the respect of the principles of the Rule of Law in some Member States is extremely worrying and seriously risks affecting the sound financial management of the Union budget; reiterates that the general regime of conditionality as defined in the Regulation 2020/2092 has beenis in force since 1 January 2021 and is not subjected to the adoption of any guidelines or judicial interpretation.; calls on the Commission for an immediate action under the aforementioned Regulation, using the existing investigation tools, without any further delay; insists in the role and competences of the Parliament, in particular the right to be duly informed by the Commission, in the procedures of the Rule of Law instruments;
Amendment 51 #
2021/2025(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates that Regulation (EU, Euratom) 2020/2092 has been in force since 1 January 2021 and is not subject to the adoption of any guidelines or judicial interpretation; urges the Commission to strengthen the link between the Regulation and the Rule of Law Reports, since the latter could serve as an additional source of information to identify and act on breaches of the Regulation.
Amendment 14 #
2021/0378(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Easy access to data is important in order for decision makers in the economy and society to make sound decisions that serve the efficient and sustainable functioning of the market. Rolling out common European data spaces in crucial sectors, including the financial sector, would serve that purpose. The financial sector is undergoing a digital transformation, which is expected to continue in the coming years, and the Union should support that transformation, in particular by promoting data-driven finance. Furthermore, putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the Union. For the green transition to succeed through sustainable finance, it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. For those purposes, public access to entities’ information such as companies, businesses, financial institutions, financial and non- financial information needs to be improved. An efficient means to do so at Union level is to establish a centralised platform, a European single access point (“ESAP”), giving electronic access to all relevant information.
Amendment 25 #
2021/0378(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Re-using information that is available on ESAP can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. It is therefore necessary, where justified on grounds of a public interest objective, to allow re-use of the information that is available on ESAP for purposes other than the purposes for which the information was drawn up. However, the use and re-use of that information should be subject to objective, proportionate and non-discriminatory conditions. For that purpose, conditions corresponding to those laid down in open, standard licences within the meaning of Directive (EU) 2019/1024 of the European Parliament and of the Council27 should apply. The licensing terms of those standard licences should adhere to the FAIR principles (findable, accessible, interoperable, re-usable) and allow for data and content to be freely accessible, used, modified and shared by anyone for any purpose. ESMA should bear no liability for the use and re-use of information accessible on ESAP. The submission of information by the collection bodies should either not be subject to conditions or be subject to an open standard licence enabling the licensing terms applying for information accessible in the ESAP. _________________ 27 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
Amendment 28 #
2021/0378(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) ESAP should provide users with access to information for free and without discrimination and should make it possible for those users to search, access and download the information through ESAP. However, taking into account the need to protect ESMA from an excessive financial burden in relation to costs incurred for serving the needs of intensive users, if any, ESMA should have the ability to generate revenues. Therefore, by way of derogation from the principle that information should be accessible free of charge, ESMA should be allowed to impose fees for those specific services, including for services with high maintenance costs due to searches forthe extraction of very large volumes of information or to frequent access to ESAP, when those extractions are intended for a commercial re-use of data. Any fees imposed should, however, not exceed the cost incurred for the provision of the service provided.
Amendment 29 #
2021/0378(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To ensure a smooth processing of the information received or drawn-up by the collection bodies and made available to ESAP, it is necessary to lay down certain requirements specifying the format and the metadata of that information and which collection bodies should collect such information. In order to ensure the quality of the information submitted to ESAP by the collection bodies, it is also necessary to define the characteristics of the automated validations to be carried out on each information reaching the collection bodies, and the characteristics of the qualified electronic seal to be attached to that information by the entities. To ensure the use and re-use of data on ESAP, a list of the designated open standard licences would need to be defined. To facilitate the searching, finding, retrieving of the data in a timely manner, the characteristics of the application programming interface and the metadata to be implemented will also need to be designed. Additional requirements as regards efficient search functions will need to be implemented such as the specific legal entity identifier, the classification of the type of information, and the categories of the size of the entities. To that purpose, the Joint Committee of the European Supervisory Authorities should develop draft implementing technical standards. To that end, ESMA should conduct regular ongoing consultations with relevant stakeholders, including civil society and social partners, to develop and improve the usability of ESAP. Additionally, ESMA might develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and the associated fee structure. The Commission should be empowered to adopt those implementing technical standards by means of implementing acts pursuant to Article 291 TFEU and in accordance with Article 15 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council30 , No 1094/2010 of the European Parliament and of the Council31 and No 1095/2010 of the European Parliament and of the Council32 . _________________ 30 Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12). 31 Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48). 32 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).
Amendment 55 #
2021/0378(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
ESMA mayshall, however, charge fees for specific services that involve searches forthe extraction of a very large volume of information or for frequently updated information, when those services are for commercial re-use of data. Those fees shall not exceed the cost incurred by ESMA for the provision of the service.
Amendment 57 #
2021/0378(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) the conditions correspond to Creative Commons Attribution 4.0 International licensing (CC BY 4.0), in line with conditions laid down in open standard licences within the meaning of Article 2(5) of Directive (EU) 2019/1024, allowing free use, modification and sharing of that information by anyone and for any purpose.
Amendment 64 #
2021/0378(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. ESMA shall conduct regular ongoing consultations with relevant stakeholders from civil society and social partners on the functioning of ESAP.
Amendment 62 #
2021/0104(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The ultimate beneficiaries of better sustainability reporting by undertakings are individual citizens and savers. Savers who want to invest sustainably will have the opportunity to do so, while all citizens should benefit from a stable, sustainable and inclusive economic system. To realise these benefits, the sustainability information disclosed in undertaking’s annual reports first has to reach two primary groups (‘users’). The first group of users consists of investors, including asset managers, who want to better understand the risks and opportunities that sustainability issues pose to their investments and the impacts of those investments on people and the environment. The second group of users consists of organisations, including non- governmental organisations and social partners, that wish to better hold undertakings to account for their impacts on people and the environment, or wish to exchange with undertakings during the elaboration of those reports. Other stakeholders may also make use of sustainability information disclosed in annual reports. The business partners of undertakings, including customers, may rely on this information to understand, and where necessary report on, the sustainability risks and impacts through their own value chains. Policy makers and environmental agencies may use such information, in particular on an aggregate basis, to monitor environmental and social trends, to contribute to environmental accounts, and to inform public policy. Few individual citizens and consumers directly consult undertaking’s reports, but they may use such information indirectly such as when considering the advice or opinions of financial advisers or non-governmental organisations. Many investors and asset managers purchase sustainability information from third party data providers, who collect information from various sources, including public corporate reports.
Amendment 63 #
2021/0104(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The market for sustainability information is rapidly growing, and the role of data providers is gaining in importance with the new obligations that investors and asset managers need to fulfil. With the increased availability of disaggregated data, sustainability information should come at a more reasonable cost. The amended Directive 2013/34 is expected to increase the comparability of data and harmonise standards. It is expected that the practices of data providers should converge and that expertise will grow in this area, with a vast potential for job creation. In the event that the review of this Directive concludes that the practices of data providers remain fragmented, rules should be introduced in order to further standardise those practices and increase their reliability.
Amendment 65 #
2021/0104(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The European Green Deal will require behavioural change to achieve its objectives. Consequently, there is a need to move from corporate short-termism, to more sustainable, longer-term decision- making. As a study for DG Justice and Consumers in July 2020 revealed, one of the root causes of corporate short-termism is the regulatory framework19a. Though not sufficient on its own, enhanced sustainability reporting can be an important incentive for more sustainable corporate decision-making and governance. Sustainability reporting is also essential to keep track of the progress made in implementing the European Green Deal. _________________ 19a Study on Directors Duties and Sustainable Corporate Governance, prepared for DG Justice and Consumers in July 2020
Amendment 73 #
2021/0104(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Articles 19a and 29a of Directive 2013/34/EU apply to large undertakings that are public-interest entities with an average number of employees in excess of 500, and to public-interest entities that are parent undertakings of a large group with an average number of employees in excess of 500 on a consolidated basis, respectively. In view of the growth of users’ needs for sustainability information, additional categories of undertakings should be required to report such information. It is therefore appropriate to require all large undertakings and all undertakings listed on regulated markets, except micro undertakings, to report detailed sustainability information. In addition, all undertakings that are parent unand small and medium-sized undertakings operating in high-risk economic sectors, to report dertakings of large groups should prepare sustainability reporting at group leveliled sustainability information.
Amendment 75 #
2021/0104(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The requirement that also large non-listed undertakings, and small and medium-sized undertakings operating in high-risk economic sectors, should disclose information on sustainability matters is mainly driven by concerns about the impacts and accountability of such undertakings, including through their value chain. In this respect, all large undertakings, and small and medium-sized undertakings operating in high-risk economic sectors, should be subject to the same requirements to report sustainability information publicly. In addition, financial market participants also need information from those large non-listed undertakings.
Amendment 90 #
2021/0104(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Considering the growing relevance of sustainability-related risks and taking into account that small and medium-sized enterprises (SMEs) listed on regulated markets comprise a significant proportion of all listed undertakings in the Union, in order to ensure investor protection it is appropriate to require that also those SMEs disclose information on sustainability matters. The introduction of this requirement will help to ensure that financial market participants can include smaller listed undertakings in investment portfolios on the basis that they report the sustainability information that financial market participants need. It will therefore help to protect and enhance the access of smaller listed undertakings to financial capital, and avoid discrimination against such undertakings on the part of financial market participants. The introduction of this requirement is also necessary to ensure that financial market participants have the information they need from investee undertakings to be able to comply with their own sustainability disclosure requirements laid down in Regulation (EU) 2019/2088. SMEs listed on regulated markets should, however, be provided with sufficient time to prepare for the application of the requirement to report sustainability information, due to their smaller size and more limited resources, and taking account of the difficult economic circumstances created by the COVID-19 pandemic. They should also be given the possibility to report according to standards that are proportionate to the capacities and resources of SMEs. Non- listed SMEs can alsoeither choose to use these proportionate standards on a voluntary basis, or report according to the standards applicable to large undertakings. The SME standards will set a reference for undertakings that are within the scope of the Directive regarding the level of sustainability information that they could reasonably request from SME suppliers and clients in their value chains.
Amendment 92 #
2021/0104(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Environmental, social and employee matters, respect for human rights, anti-corruption and bribery matters are not contingent on the size of an undertaking. Therefore, SMEs which are operating in economic sectors determined to be high risk should also be required to disclose information on sustainability matters, irrespective of whether or not they are listed on regulated markets.
Amendment 96 #
2021/0104(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 98 #
2021/0104(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Articles 19a(3) and 29a(3) of Directive 2013/34/EU currently exemptallow all subsidiary undertakings from the obligation to report their non- financial information where such undertakings and their subsidiary undertakings are included inthrough the consolidated management report of their parent undertaking, provided this includes all the required non-financial information. It is necessary, however to ensure that sustainability information is easily accessible for users, and to bring transparency about which is the parent undertaking of the exempted subsidiary undertaking which is reporting at consolidated level. It is therefore necessary to require those subsidiary undertakings to publish the consolidated management report of their parent undertaking and to include a reference in their management report to the fact that they are exempted from reporting sustainability information. That exemption should also apply where the parent undertaking reporting at consolidated level is a third country undertaking reporting sustainability information in accordance with the requirements of this Directive or in a manner equivalent to EU sustainability reporting standardsdrafting their own sustainability information report.
Amendment 101 #
2021/0104(COD)
Amendment 106 #
2021/0104(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The list of sustainability matters on which undertakings are required to report should be as coherent as possible with the definition of ‘sustainability factors’ laid down in Regulation (EU) 2019/2088. That list should also correspond to the needs and expectations of users and undertakings themselves, who often use the terms ‘environmental’, ‘social’ and ‘governance’ as a means to categorise the three main sustainability matters. The list of sustainability factors laid down in Regulation (EU) 2019/2088 does not explicitly include governance matters. The definition of sustainability matters in Directive 2013/34/EU should therefore be based on the definition, indicators and methodologies of ‘sustainability factors’ laid down in Regulation (EU) 2019/2088 and the associated delegated acts, but with the addition of governance matters.
Amendment 112 #
2021/0104(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Articles 19a(1) and 29a(1) of Directive 2013/34/EU require undertakings to disclose information about five reporting areas: business model, policies (including due diligence processes implemented), the outcome of those policies, risks and risk management, and key performance indicators relevant to the business. Article 19a(1) of Directive 2013/34/EU does not contain explicit references to other reporting areas that users of information consider relevant, some of which align with disclosures included in international frameworks, including the recommendations of the Task Force on Climate-related Financial Disclosures. Disclosure requirements should be specified in sufficient detail to ensure that undertakings report information on their resilience to risks related to sustainability matters. In addition to the reporting areas identified in Articles 19a(1) and 29a(1) of Directive 2013/34/EU, undertakings should therefore be required to disclose information about their business strategy and the resilience of the business model and strategy to risks related to sustainability matters, any plans they may have to ensure that their business model and strategy are compatible with the transition to a sustainable and climate- neutral economy; whether and how their business model and strategy take account of the interests of stakeholders; any opportunities for the undertaking arising from sustainability matters; the implementation of the aspects of the business strategy which affect, or are affected by sustainability matters; any sustainability targets set by the undertaking and the progress made towards achieving them; the role of the board and management with regard to sustainability matters; the principal actual and potential adverse impacts connected with the undertaking’s activities; a due diligence strategy for identifying actual or potential adverse impacts and addressing them; and how the undertaking has identified and evaluated the information that they report on. Once the disclosure of elements such as targets and the progress towards achieving them is required, the separate requirement to disclose the outcomes of policies is no longer necessary.
Amendment 115 #
2021/0104(COD)
Proposal for a directive
Recital 27
Recital 27
(27) To ensure consistency with international instruments such as the UN Guiding Principles on Business and Human Rights and the OECD Due Diligence Guidance for Responsible Business Conduct, the due diligence disclosure requirements should be specified in greater detail than is the case in Article 19a(1), point (b), and Article 29a(1), point (b) of Directive 2013/34/EU. Due diligence is the process that undertakings carry out to identify, prevent, mitigate and remediate the principal actual and potential adverse impacts connected with their activities and identifies how they address those adverse impacts. Impacts connected with an undertaking’s activities include impacts directly caused by the undertaking, impacts to which the undertaking contributes, and impacts which are otherwise linked to the undertaking’s value chain. The due diligence process concerns the whole value chain of the undertaking including its own operations, its products and services, its business relationships and its supply chains. In alignment with the UN Guiding Principles on Business and Human Rights, an actual or potential adverse impact is toshould be considered principal where it measures among the greatest impacts connected with the undertaking’s activitiesadverse based on: the gravity of the impact on people or the environment; the number of individuals that are or could be affected, or the scale of damage to the environment; and the ease with which the harm could be remediated, restoring the environment or affected people to their prior state.
Amendment 132 #
2021/0104(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The European Financial Reporting Advisory Group (EFRAG) is a non-profit association established under Belgian law that serves the public interest by providing advice to the Commission on the endorsement of international financial reporting standards. EFRAG has established a reputation as a European centre of expertise on corporate reporting, and is well placed tocan foster coordination between European sustainability reporting standards and international initiatives that seek to develop standards that are consistent across the world. In March 2021, a multi- stakeholder task force set up by EFRAG published recommendations for the possible development of sustainability reporting standards for the European Union. Those recommendations contain proposals to develop a coherent and comprehensive set of reporting standards, covering all sustainability matters from a double-materiality perspective. Those recommendations also contain a detailed roadmap for developing such standards, and proposals for mutually reinforcing cooperation between global standard- setting initiatives and standard-setting initiatives of the European Union. In March 2021, the EFRAG President published recommendations for possible governance changes to EFRAG if it were to be asked to develop technical advice about sustainability reporting standards. These recommendations include offsetting up within EFRAG a new sustainability reporting pillar while not significantly modifying the existing financial reporting pillar. When adopting sustainability reporting standards, the Commission should take account of technical advice that EFRAG will develop. In order to ensure high-quality standards that contribute to the European public good and meet the needs of undertakings and of users of the information reported, EFRAG’s technical advice should be developed with proper due process, public oversight and transparency, accompanied by cost benefit analyses, and be developed with the expertise of relevant stakeholdby an independent body constituted of a balanced representation of relevant stakeholders, including civil society organisations and social partners. To ensure that Union sustainability reporting standards take account of the views of the Member States of the Union, before adopting the standards the Commission should consult the Member State Expert Group on Sustainable Finance referred to in Article 24 of Regulation (EU) 2020/852 on EFRAG’s technical advice. The European Securities and Markets Authority (ESMA) plays a role in drafting regulatory technical standards pursuant to Regulation (EU) 2019/2088 and there needs to be coherence between those regulatory technical standards and sustainability reporting standards. According to Regulation (EU) No 1095/2010 of the European Parliament and of the Council54 , ESMA also plays a role in promoting supervisory converge in the enforcement of corporate reporting by issuers whose securities are listed on EU regulated markets and who will be required to use these sustainability reporting standards. Therefore, ESMA should be required to provide an opinion on EFRAG’s technical advice. This opinion should be provided within two months from the date of receipt of the request from the Commission. In addition, the Commission should consult the European Banking Authority, the European Insurance and Occupational Pensions Authority, the European Environment Agency, the European Union Agency for Fundamental Rights, the European Central Bank, the Committee of European Auditing Oversight Bodies and the Platform on Sustainable Finance to ensure that the sustainability reporting standards are coherent with relevant Union policy and legislation. Where any of those bodies decide to submit an opinion, they shall do so within two months from the date of being consulted by the Commission. _________________ 54 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).
Amendment 154 #
2021/0104(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Users need information about governance factors, including information on the role of an undertaking’s administrative, management and supervisory bodies, including with regard to sustainability matters, the composition of such bodies, including the gender balance of company boards and related policies for increasing diversity, and an undertaking’s internal control and risk management systems, including in relation to the reporting process. Users also need information about undertakings’ corporate culture and approach to business ethics, including anti-corruption and anti-bribery, and about their political engagements, including lobbying activities. Information about the management of the undertaking and the quality of relationships with business partners, including payment practices relating to the date or period for payment, the rate of interest for late payment or the compensation for recovery costs referred to in Directive 2011/7/EU of the European Parliament and of the Council62 on late payment in commercial transactions, helps users to understand an undertaking’s risks as well as its impacts on sustainability matters. Every year, thousands of businesses, especially SMEs, suffer administrative and financial burdens because they are paid late, or not at all. Ultimately, late payments lead to insolvency and bankruptcy, with destructive effects on entire value chains. Increasing information about payment practices should empower other undertakings to identify prompt and reliable payers, detect unfair payment practices, access information about the businesses they trade with, and negotiate fairer payment terms. _________________ 62 Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (OJ L 48, 23.2.2011, p. 1).
Amendment 155 #
2021/0104(COD)
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) Diversity on company boards contributes to better decision-making, corporate governance and resilience in undertakings. Workers' representatives as well as more women on boards would promote the sustainable development of undertakings.
Amendment 156 #
2021/0104(COD)
Proposal for a directive
Recital 44 b (new)
Recital 44 b (new)
(44b) Fair tax policies are an integral part of an undertaking's corporate social responsibility. It is therefore relevant that undertakings should disclose their policies in this field. Specifically relevant are an undertaking's policies regarding potentially harmful tax regimes as can be indicated using the hallmarks laid out in Annex IV of the Council Directive (EU) 2018/822 amending Directive 2011/16/EU. These hallmarks, as well as international standards on tax reporting, such as those developed by the Global Reporting Initiative, should be used to develop delegated acts further specifying the sustainability reporting standards on fair taxation practices.
Amendment 158 #
2021/0104(COD)
Proposal for a directive
Recital 45
Recital 45
(45) The reporting standards should promote a more integrated view of all the information published by undertakings in the management report to provide users of that information with a better understanding of the development, performance, position and impact of the undertaking. Those standards should distinguish as necessary between information that undertakings should disclose when reporting at individual level and the additional information that undertakings should disclose when reporting at consolidated level. Those standards should also contain guidance for undertakings on the process carried out to identify the sustainability information that should be included in the management report.
Amendment 159 #
2021/0104(COD)
Proposal for a directive
Recital 45 a (new)
Recital 45 a (new)
(45a) Member States should ensure that sustainability reporting is done in compliance with workers’ rights to information and consultation, in accordance with Directive 2002/14/EC and, where applicable, in accordance with Directive 2009/38/EC, Directive 2001/86/EC or Directive 2003/72/EC. Member States may decide that workers’ rights to information and consultation apply with respect to the workers of companies other than those referred to in Article 3(1) of Directive 2002/14/EC.
Amendment 163 #
2021/0104(COD)
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46a) Sector specific standards should be in particular developed for the extractive industry, as defined in Article 41 (1) of Directive 2013/34/EU, and the logging of forests. Those standards should be consistent with the project level reporting requirements foreseen in Chapter 10 of Directive 2013/34/EU, and should require the publication of contracts and other relevant documents upon which these projects are based, as well as information on payments to Governments and joint ventures.
Amendment 182 #
2021/0104(COD)
Proposal for a directive
Recital 54
Recital 54
(54) Statutory auditors or audit firms already verify the financial statements and the management report. The assurance of sustainability reporting by the statutory auditors or audit firms would help to ensure the connectivity between, and consistency of, financial and sustainability information, which is particularly important for by users of sustainability information. However, there is a risk of further concentration of the audit market, which could risk the independence of auditors and increase audit or assurance fees. It is therefore desirable to offer undertakings a broader choice of independent assurance service providers for the assurance of sustainably reporting. Member States should therefore be allowed to accredit independent assurance services providers in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council66 to provide an opinion on sustainability reporting, which should be published together with the management report. Member States should set out requirements that ensure consistent outcomes in the assurance of sustainability reporting carried out by different assurance service providers. Therefore, all independent assurance services providers should be subject to requirements that are consistent with those set out in Directive 2006/43/EC as regards the assurance of sustainability reporting. This will also guarantee a level playing field among all persons and firms allowed by Member States to provide the opinion on the assurance of sustainability reporting, including statutory auditors. If an undertaking seeks the opinion of an accredited independent assurance services provider other than the statutory auditor on its sustainability reporting, it should not in addition need to request this opinion from the statutory auditor. Likewise, an undertaking should not seek the opinion of the same audit firm or equivalent for both the fulfilment of its due diligence obligations, and the assurance of sustainability disclosures as set out in this directive. _________________ 66 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 185 #
2021/0104(COD)
Proposal for a directive
Recital 57
Recital 57
(57) It should be ensured that the requirements imposed on auditors as regards their work on the statutory audit and the assurance of sustainability reporting are consistent. It should therefore be laid down that, where the opinion on sustainability reporting is given by the statutory auditor or audit firm carrying out the statutory audit of financial statements, the key audit partners are actively involved in conducting the assurance of sustainability reporting. When carrying out the assurance of sustainability reporting, statutory auditors should be required to devote sufficient time to the engagement and assign sufficient resources and expertise to enable them to carry out their duties appropriately. Finally, the client account record should specify the fees charged for the assurance of sustainability reporting and the audit file should include information related to the assurance of sustainability reporting.
Amendment 196 #
2021/0104(COD)
Proposal for a directive
Recital 71
Recital 71
(71) Member States are invited to assess the impact of their transposition act on SMEs in order to ensure that they are not disproportionately affected, giving specific attention to micro-enterprises and to the unnecessary administrative burden, and to publish the results of such assessments. Member States should consider introducing measures to support SMEs in applying the voluntary simplified reporting standards.
Amendment 202 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2013/34/EU
Article 1 – paragraph 3 – point b a (new)
Article 1 – paragraph 3 – point b a (new)
Amendment 207 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Article 2 – point 17
Article 2 – point 17
(17) ‘sustainability matters’ means sustainability factors as defined in Article 2, point (24) of Regulation (EU) 2019/2088 of the European Parliament and of the Council\*4, including the underlying methodologies and indicators pertaining to environmental matters set out in that regulation, as well as the delegated acts pursuant to it, and governance factors;
Amendment 213 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Article 2 – point 20 a (new)
Article 2 – point 20 a (new)
(20a) 'high-risk sectors' are those business sectors in which there is a high risk for adverse impacts on the environment, good governance, social or human rights, due to factors including their size, business and value chain characteristics.
Amendment 228 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 1
Article 19a – paragraph 1
1. Large undertakings and, as of 1 January 2026, small and medium-sized undertakings which are undertakings referred to in Article 2, point (1), point (a), and small and medium-sized undertakings operating in high-risk sectors, shall include in the management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.
Amendment 230 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 1a (new)
Article 19a – paragraph 1a (new)
1a. In accordance with applicable EU and national legislation and practice, the appropriate workers' representative bodies shall be consulted, at the beginning of the reporting period and 30 days prior to the submission of the report to the auditor, on the design of the reporting system, the indicators included, the methodology put in place to gather and verify sustainability information, and on the potential or actual sustainability impacts identified. A report on this consultation should be presented to the administrative, management and supervisory bodies or the audit committee of the supervisory board. Where the workers or their representatives provide a written opinion, it shall be appended to the sustainability report. Workers' representatives shall be provided with the resources necessary to enable them to exercise the rights foreseen in this paragraph.
Amendment 241 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – point a – subpoint ii a (new)
Article 19a – paragraph 2 – point a – subpoint ii a (new)
(iiia) the plans of the undertaking to ensure that corporate strategies, goals and measures are consistent with securing employment and promoting decent work conditions, as evidenced by collective bargaining agreements and workers rights of information, consultation and where applicable worker board level representation;
Amendment 246 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – point a – subpoint v
Article 19a – paragraph 2 – point a – subpoint v
(v) how the undertaking’s strategy has been implemented with regard to sustainability matters and associated targets;
Amendment 249 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – point b
Article 19a – paragraph 2 – point b
(b) a description of the targetsime-bound targets and progress previously made and envisaged to be made towards achieving those targets, and corresponding evidence related to sustainability matters set by the undertaking, any potential or actual adverse impacts, and of the progress the undertaking has made towards achieving those targets;
Amendment 254 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – point c
Article 19a – paragraph 2 – point c
(c) a description of the role of the administrative, management and supervisory bodies with regard to sustainability matters, as well as their composition and expertise, the stakeholders they consult with on sustainability matters, their decision- making processes, and whether incentives linked to sustainability matters are offered to members of these bodies;
Amendment 259 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – point d
Article 19a – paragraph 2 – point d
(d) a description of the undertaking’s policies in relation to sustainability matters, including in relation to potential and actual adverse impacts;
Amendment 262 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 2 – point e – subpoint i
Article 19 a – paragraph 2 – point e – subpoint i
(i) the due diligence process and strategy, pursuant to applicable EU and national legislation, and the UN Guiding Principles for Business and Human Rights and the OECD Due Diligence Guidance for Responsible Business Conduct, implemented with regard to sustainability matters;
Amendment 267 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – point e – subpoint ii
Article 19a – paragraph 2 – point e – subpoint ii
(ii) the principalmapping process of actual or potential adverse impacts connected with the undertaking’s value chain, including its own operations, its products and services, its business relationships, its subsidiaries and its supply chain, including the persons adversely impacted, and how these have been identified and prioritised;
Amendment 271 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – point e – subpoint iii
Article 19a – paragraph 2 – point e – subpoint iii
(iii) anyll actions taken, and the result of such actions, to prevent, mitigate, cease, or remediate actual or potential adverse impacts, and the evaluation of the effectiveness of actions taken, as well as alert mechanisms established;
Amendment 275 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a, paragraph 2, point e, subpoint iii a (new)
Article 19a, paragraph 2, point e, subpoint iii a (new)
(iii a) The above disclosure requirement does not exclude any additional communication as required in line with EU Directive XXX on Sustainable Corporate Governance
Amendment 283 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
Undertakings shall add to the management report a description of the process used by their audit committee to ensure the independence of the statutory auditor or audit firm carrying out the assurance of the sustainability reporting.
Amendment 290 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 3
Article 19a – paragraph 3
Amendment 302 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 7 – subparagraph 1
Article 19a – paragraph 7 – subparagraph 1
Amendment 307 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 7 – subparagraph 2
Article 19a – paragraph 7 – subparagraph 2
The consolidated management report of thea parent undertaking referred to in subparagraph 1 shall be published in accordance with Article 30, in the manner prescribed by the law of the Member State by which the undertaking that is exempted from the obligations set outwhich meets the requirements referred to in paragraphs 1 to 4 is governed.
Amendment 311 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 7 – subparagraph 3
Article 19a – paragraph 7 – subparagraph 3
The Member State by which the undertaking that is exempted from the obligations set outwhich meets the requirements referred to in paragraphs 1 to 4 is governed, may require that the consolidated management report referred to in the first subparagraph of this paragraph iss are published in an official language of the Member State or in a language customary in the sphere of international finance, and that any necessary translation into those languages is certified.
Amendment 314 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 7 – subparagraph 4
Article 19a – paragraph 7 – subparagraph 4
The management report of an undertaking that is exempted from the obligations set outwhich meets the requirements referred to in paragraphs 1 to 4 shall contain all of the following information:
Amendment 315 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 7 – point a
Article 19a – paragraph 7 – point a
(a) the name and registered office of the parent undertaking that reports information at group level in accordance with Articles 29 and 29a, or in a manner that may be considered equivalent, in accordance with the implementing measures adopted pursuant tofor each entity which shall also be named, in accordance with Articles 23(4), point (i) of Directive 2004/109/EC, to the manner required by the sustainability reporting standards referred to in Article 19b9 and 29a;
Amendment 318 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 7 – point b
Article 19a – paragraph 7 – point b
Amendment 322 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – introductory part
Article 1 – paragraph 1 – point 4 – introductory part
(4) the following Articles 19b, 19 c a, 19c and 19d are inserted:
Amendment 328 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 1 – point a a (new)
Article 19b – paragraph 1 – point a a (new)
(a a) by 31 October 2022, the Commission shall adopt delegated acts specifying a list of high-risk business sectors, taking into account relevant international standards and scientific and technical knowledge. The list shall include but shall not be limited to the mining industry, extractive industry, agriculture, clothing and textiles, financial and insurance services, energy, water supply and management, construction, and transportation.
Amendment 333 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 1 – point b – subpoint ii
Article 19b – paragraph 1 – point b – subpoint ii
(ii) information that undertakings shall report that is specific to the sector in which they operate, with particular attention paid to high-risk business sectors.
Amendment 344 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
2. The sustainability reporting standards referred to in paragraph 1 shallwill ensure the quality and relevance of reported information, by requireing that the information to be reported is understandable, relevant, representative, verifiable, reliable, comparable, and is represented in a faithful manner. When possible and relevant this information should be measurable and science-based, and it shall be understandable in the absence of contextual information.
Amendment 357 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – point a – subpoint i
Article 19b – paragraph 2 – point a – subpoint i
(i) climate change mitigation, including greenhouse gas emissions and related targets for their reduction;
Amendment 371 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – point a – subpoint iv
Article 19b – paragraph 2 – point a – subpoint iv
(iv) resource use and transition to a circular economy;
Amendment 376 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – point a – subpoint v
Article 19b – paragraph 2 – point a – subpoint v
(v) pollution prevention and control;
Amendment 381 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – point a – subpoint vi
Article 19b – paragraph 2 – point a – subpoint vi
(vi) the protection and restoration of biodiversity and ecosystems;
Amendment 387 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – point b – subpoint i a (new)
Article 19b – paragraph 2 – point b – subpoint i a (new)
(i a) workforce composition, including diversity and gender-equality, the gender pay-gap, the management-to-worker pay ratio, use of contingent labour, trade union representation and collective bargaining, and consultation and dialogue with trade unions and employee representatives in line with all applicable legislation;
Amendment 400 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 Directive 2013/34/EU
Article 1 – paragraph 1 – point 4 Directive 2013/34/EU
(iii) respect for the human rights, fundamental freedoms, democratic principles and standards established in the International Bill of Human Rights and other core UN human rights conventions, the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work and the ILO fundamental conventions andand governance conventions, the European Convention on Human Rights, the European Social Charter, the OECD Guidelines for Multinational Enterprises, the Charter of Fundamental Rights of the European Union, and EU legislation on labour and the rule of law.
Amendment 402 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – point b – subpoint iii a (new)
Article 19b – paragraph 2 – point b – subpoint iii a (new)
(iii a) workers in the value chain and affected communities, including human rights impacts, forced labour, child labour, privacy, freedom of expression, association and assembly, health and safety of workers, access to adequate water, sanitation and housing, and respect for the rights of indigenous peoples and free, prior and informed consent;
Amendment 410 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – point c – subpoint i
Article 19b – paragraph 2 – point c – subpoint i
(i) the role and expertise of the undertaking’s administrative, management and supervisory bodies, including with regard to sustainability matters, and their composition and the due diligence process and strategy, and their composition, including the presence of trade union and workers representatives;
Amendment 414 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – point c – subpoint i a (new)
Article 19b – paragraph 2 – point c – subpoint i a (new)
(i a) incentives offered to members of these bodies which are linked to sustainability matters and associated targets, including in terms of remuneration;
Amendment 416 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – point c – subpoint ii
Article 19b – paragraph 2 – point c – subpoint ii
(ii) business ethics and corporate culture, including anti-corruption and anti- bribery, and whistleblowing systems;
Amendment 420 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – point c – subpoint iii
Article 19b – paragraph 2 – point c – subpoint iii
(iii) political engagements of the undertaking, including its lobbying activities and costs, political donations, and potential conflicts of interest;
Amendment 425 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – point c – subpoint v
Article 19b – paragraph 2 – point c – subpoint v
(v) the undertaking’s internal control and risk management systems, including in relation to the undertaking’s reporting and decision-making process.
Amendment 426 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 Directive 2013/34/EU
Article 1 – paragraph 1 – point 4 Directive 2013/34/EU
(v a) the undertaking's fair taxation policy, including its policy on the use of tax incentives and third countries to achieve a reduction in tax payments;
Amendment 434 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 3 – point a
Article 19b – paragraph 3 – point a
(a) the work of global standard-setting initiatives for sustainability reporting, and existing standards and frameworks for natural capital accounting, responsible business conduct, corporate social responsibility including fair tax policies, and sustainable development;
Amendment 439 #
2021/0104(COD)
(h a) Council Directive (EU) 2018/822 amending Directive 2011/16/EU14a _________________ 14a Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements
Amendment 446 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19 c a (new)
Article 19 c a (new)
Article 19 c a Sustainability reporting related to Regulation (EU) 2020/852 1. Any undertaking which is subject to an obligation to publish non-financial information pursuant to Article 8 of Regulation (EU) 2020/852 shall include information on how and to what extent the undertaking’s activities are associated with economic activities that do not qualify as environmentally sustainable under Articles 3 and 9 of Regulation (EU) 2020/852. 2. In particular, non-financial undertakings shall disclose the following: (a) the proportion of their turnover derived from products or services associated with, and the proportion of their capital expenditure and the proportion of their operating expenditure related to assets or processes associated with, economic activities that do not meet the substantial contribution criteria but do meet the Do No Significant Harm criteria specified in relevant Delegated Acts under Articles 10 to 15 of Regulation (EU) 2020/852 or that are not covered by the scope of these Delegated Acts; (b) the proportion of their turnover derived from products or services associated with, and the proportion of their capital expenditure and the proportion of their operating expenditure related to assets or processes associated with economic activities that do neither meet the substantial contribution criteria nor the Do No Significant Harm criteria specified in relevant Delegated Acts under Articles 10 to 15 of Regulation (EU) 2020/852. 3. The Commission shall adopt a delegated act in accordance with Article 49 to supplement paragraphs 1 and 2 of this Article to specify the content and presentation of the information to be disclosed pursuant to those paragraphs, including the methodology to be used in order to comply with them, taking into account the specificities of both financial and non-financial undertakings and the technical screening criteria established pursuant to this Regulation. The Commission shall adopt that delegated act by 31 October 2022.
Amendment 463 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2013/34/EU
Article 20 – paragraph 1 – point a – subpoint g
Article 20 – paragraph 1 – point a – subpoint g
(g) a description of the diversity policy applied in relation to the undertaking's administrative, management and supervisory bodies with regard to gender and other aspects such as, age, or educational and professional backgrounds, the objectives of that diversity policy, how it has been implemented and the results in the reporting period. If no such policy is applied, the statement shall contain an explanation as to why this is the case.;
Amendment 469 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 1a (new)
Article 29a – paragraph 1a (new)
1 a. In accordance with applicable EU and national legislation and practice, the appropriate workers’ representative bodies shall be consulted, at the beginning of the reporting period and 30 days prior to the submission of the consolidated report to the auditor, on the design of the reporting system, the indicators included, the methodology put in place to gather and verify sustainability information, and on the potential or actual sustainability impacts identified. A report on this consultation should be presented to the administrative, management and supervisory bodies or the audit committee of the supervisory board. Where the workers or their representatives provide a written opinion, it shall be appended to the consolidated sustainability report. Workers’ representatives shall be provided with the resources necessary to enable them to exercise the rights foreseen in this paragraph.
Amendment 479 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – point a – subpoint iii a (new)
Article 29a – paragraph 2 – point a – subpoint iii a (new)
(iii a) the plans of the group to ensure that corporate strategies, goals and measures are consistent with securing employment and promoting decent work conditions;
Amendment 484 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – point a – subpoint v
Article 29a – paragraph 2 – point a – subpoint v
(v) how the group’s strategy has been implemented with regard to sustainability matters and associated targets;
Amendment 488 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – point b
Article 29a – paragraph 2 – point b
(b) a description of the targetsime-bound targets and progress previously made and envisaged to be made towards achieving those targets, and corresponding evidence related to sustainability matters set by the group, any potential or actual adverse impacts and of the progress of the undertaking towards achieving them;
Amendment 492 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29c – paragraph 2 – point c
Article 29c – paragraph 2 – point c
(c) a description of the role of the administrative, management and supervisory bodies with regard to sustainability matters, as well as their composition and expertise, the stakeholders they consult with on sustainability matters, their decision- making processes and whether incentives linked to sustainability matters are offered to members of these bodies;
Amendment 494 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – point d
Article 29a – paragraph 2 – point d
(d) a description of the group’s policies in relation to sustainability matters, including in relation to potential and actual adverse impacts;
Amendment 498 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – point e – subpoint i
Article 29a – paragraph 2 – point e – subpoint i
(i) the due diligence process and strategy, pursuant to applicable EU and national legislation, and the UN Guiding Principles for Business and Human Rights and the OECD Due Diligence Guidance for Responsible Business Conduct, implemented with regard to sustainability matters;
Amendment 503 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – point e – subpoint ii
Article 29a – paragraph 2 – point e – subpoint ii
(ii) the principalmapping process of actual or potential adverse impacts connected with the group’s value chain, including its own operations, its products and services, its business relationships, its subsidiaries and its supply chain, including the persons adversely impacted, and how these have been identified and prioritised;
Amendment 506 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – point e – subpoint iii
Article 29a – paragraph 2 – point e – subpoint iii
(iii) anyll actions taken, and the result of such actions, to prevent, mitigate, cease or remediate actual or potential adverse impacts, and the evaluation of the effectiveness of actions taken, as well as alert mechanisms established;
Amendment 510 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29 – paragraph 2 – point e – subpoint iii a (new)
Article 29 – paragraph 2 – point e – subpoint iii a (new)
(iii a) The above disclosure requirement does not exclude any additional communication as required in line with EU Directive XXX on Sustainable Corporate Governance.
Amendment 515 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2
Article 29a – paragraph 2
Parent undertakings shall add to the management report a description of the process used by their audit committee to ensure the independence of the statutory auditor or audit firm carrying out the assurance of the sustainability reporting.
Amendment 523 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 3
Article 29a – paragraph 3
The information referred to in paragraphs 1 and 2 shall include information about the group’s value chain, including its own operations, its assets, its products and services, its business relationships and its supply chain, where appropriate.
Amendment 528 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 4
Article 29a – paragraph 4
4. Parent undertakings shall report the information referred to in paragraphs 1 to 3 in accordance with the sustainability reporting standards referred to in Article 19b and they shall provide separate information per entity.
Amendment 535 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 7 – subparagraph 1
Article 29a – paragraph 7 – subparagraph 1
7. A parent undertaking which is also a subsidiary undertaking shall be exempted from the obligation set out in paragraphs 1 to 4 if that exempted parent undertaking and its subsidiaries are included in the consolidated management report of another undertaking, drawn up in accordance with Article 29 and this Article. A parent undertaking that is a subsidiary undertaking from a parent undertaking that is established in a third country shall also be exempted from the obligations set out in paragraphs 1 to 4 where that undertaking and its subsidiary undertakings are included in the consolidated management report of that parent undertaking and where the consolidated management report is drawn up in a manner that may be considered equivalent, in accordance with the relevant implementing measures adopted pursuant to Article 23(4)(i) of Directive 2004/109/EC, to the manner required by the sustainability reporting standards referred to in Article 19b of this Directive.deleted
Amendment 536 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 7 – subparagraph 2
Article 29a – paragraph 7 – subparagraph 2
The consolidated management report of thea parent undertaking referred to in subparagraph 1 shall be published in accordance with Article 30, in the manner prescribed by the law of the Member State by which the parent undertaking that is exempted from the obligations set outwhich meets the requirements referred to in paragraphs 1 to 4 is governed.
Amendment 542 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 7 – subparagraph 3
Article 29a – paragraph 7 – subparagraph 3
The Member State by which the parent undertaking that is exempted from the obligations set outwhich meets the requirements referred to in paragraphs 1 to 4 is governed may require that the consolidated management report referred to in in the first subparagraph of this paragraph iss are published in its official language or in a language customary in the sphere of international finance, and that any necessary translation into those languages is certified.
Amendment 544 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 7 – subparagraph 4
Article 29a – paragraph 7 – subparagraph 4
The consolidated management report of a parent undertaking that is exempted from the obligations set outwhich meets the requirements referred to in paragraphs 1 to 4 shall contain all of the following information:
Amendment 545 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 7 – point a
Article 29a – paragraph 7 – point a
(a) the name and registered office of the parent undertaking that reports information at group level in accordance with Articles 29 and this Article, or in a manner that may be considered equivalent, in accordance with the relevant implementing measures adopted pursuant to Article 23(4)(i) of Directive 2004/109/EC, to the manner required by the sustainability standards adopted pursuant tofor each entity which shall also be named in accordance with Articles 29 and this Article 19b;
Amendment 546 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 7 – point b
Article 29a – paragraph 7 – point b
Amendment 548 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Directive 2013/34/EU
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that undertakings publish online within a reasonable period of time, which shall not exceed 12 months after the balance sheet date, the duly approved annual financial statements and the management report in the format prescribed by Article 19d of this Directive where applicable, together with the opinions and statement submitted by the statutory auditor or audit firm referred to in Article 34 of this Directive, as laid down by the laws of each Member State in accordance with Chapter 3 of Directive (EU) 2017/1132 of the European Parliament and of the Council*16.’
Amendment 549 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Directive 2013/34/EU
Article 30 – paragraph 1
Article 30 – paragraph 1
Amendment 550 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Amendment 553 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point ii
Article 1 – paragraph 1 – point 10 – point a – point ii
Directive 2013/34/EU
Article 34 – paragraph 1 – point aa
Article 34 – paragraph 1 – point aa
(aa) where applicable, express an opinion based on a limitedreasonable assurance engagement as regards the compliance of the sustainability reporting with the requirements of this Directive, including the compliance of the sustainability reporting with the reporting standards adopted pursuant to Article 19b, the process carried out by the undertaking to identify the information reported pursuant to those reporting standards, and the compliance with the requirement to mark- up sustainability reporting in accordance with Article 19d, and as regards the compliance with the reporting requirements of Article 8 of Regulation (EU) 2020/852.;
Amendment 566 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2013/34/EU
Article 49 – paragraph 3a (new)
Article 49 – paragraph 3a (new)
3a. When adopting delegated acts pursuant to Articles 19b and 19c, the Commission shall take into consideration technical advice from EFRAG, provided such advice has been developed by an independent technical advisory body composed of a balanced representation of preparers, investors, civil society organisations and trade unions, with expertise on all matters outlined in articles 19a and 19b, with proper due process, public funding, public oversight and transparency and with the expertise of relevant stakeholders, and is accompanied by cost-benefit analyses that include analyses of the impacts of the technical advice on sustainability matters. Participation in the independent technical advisory body should not be conditional on any financial contribution.
Amendment 583 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2013/34/EU
Article 51 – paragraph 3 – point f
Article 51 – paragraph 3 – point f
(f) the level of cooperation of the natural person or legal entity responsible with the competent authority and with stakeholders;
Amendment 598 #
2021/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
Directive 2006/43/EC
Article 26a – paragraph 2
Article 26a – paragraph 2
2. The Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 48a, thelimited assurance standards rbeferred to in paragraph 1ore 1 October 2023, and reasonable assurance standards before 1 January 2026, in order to set out the procedures that the auditor shall perform in order to draw its conclusions on the assurance of sustainability reporting, including engagement planning, risk consideration and response to risks and type of conclusions to be included in the audit report.
Amendment 601 #
2021/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 14 – point e
Article 3 – paragraph 1 – point 14 – point e
Directive 2006/43/EC
Article 28 – paragraph 4
Article 28 – paragraph 4
The audit report shall be signed and dated by the statutory auditor. Where an audit firm carries out the statutory audit and, where applicable, the assurance of sustainability reporting, the audit report shall bear the signature of at least the statutory auditor(s) carrying out the statutory audit and the assurance of sustainability reporting on behalf of the audit firm. Where more than one statutory auditor or audit firm have been simultaneously engaged, the audit report shall be signed by all statutory auditors or at least by the statutory auditors carrying out the statutory audit and the assurance of sustainability reporting on behalf of every audit firm. In exceptional circumstances Member States may provide that such signature(s) need not be disclosed to the public if such disclosure could lead to an imminent and significant threat to the personal security of any person. If an undertaking seeks the opinion of statutory auditors, audit firms or independent assurance services firms in their due diligence obligations, processes and strategy, the same entity will not be used to provide assurance of the undertaking's sustainability reporting and disclosures.;
Amendment 606 #
2021/0104(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4 a Review The Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive, including, among other aspects, its effectiveness, the convergence of reporting practices, the convergence of the practices of data providers, and the level of guidance and methods provided. The report shall be published by 1 January 2028
Amendment 16 #
2020/2194(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Highlights the conclusion of the Court’s Special Report 'Future of EU Agencies' that information on performance of Union agencies is scarce; urges agencies to strengthen performance accountability; expects all Union agencies to cooperate as optimally as possible with the Commission and the Court in the provision of performance information;
Amendment 19 #
2020/2194(DEC)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. 12. Points to the positive example given by ECDC on the cooperation with other Union agencies, including through the European Union Agencies Network (the 'Network'); encourages the agencies to cooperate and exchange best practices where possible, including e.g. on teleworking;
Amendment 26 #
2020/2194(DEC)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Notes further that in terms of geneder balance in management boards in 2019, there was no agency with an even gender balance, a good balance existed in seven agencies, and there was no gender balance in 14 management boards; asks the Member States and the relevant organisations that participate in management boards to take into account the importance of ensuring gender balance when nominating their members to an Agency’s management board;
Amendment 27 #
2020/2194(DEC)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Notes further that, as regards overall staff, eight agencies have an even gender balance, 19 agencies have a good gender balance and three agencies have no gender balance; calls on the agencies to continue to strive for a good gender balance in the future;
Amendment 28 #
2020/2194(DEC)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Notes with concern that in 2019 only 34 % of members of the highest decision-making bodies of all Union agencies were women and recalls that gender balance must be ensured within the Union agencies in accordance with the basic regulations establishing them; asks, therefore, that the Union agencies collect and present data on gender balance for all categories of management staff (from the lowest to the highest level) to gather the basic data on which the Union agencies are encouraged to address the gender imbalance in management and pursue gender mainstreaming in all fields;
Amendment 29 #
2020/2194(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the geographical balance of staff of Union agencies follows the population of the Member States as a percentage of the EU27 slightly more closely than the geographical balance of staff of the Commission; notes an underrepresentation for eight Member States, an over representation for seventeen Member States and an approximate balance for two Member States; regrets the lack of policies across agencies to improve diversity among its staff; calls on agencies, as well as the European Union Agencies Network (the 'Network'), to put forward plans to achieve this goal;
Amendment 47 #
2020/2194(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Highlights the conclusion of the Court’s report 'Future of EU Agencies' that the vast majority of agencies still do not publish sustainability reports; calls on agencies to introduce sustainability reporting, which would include the social aspects of procurement, and to align its reporting with the OECD work on Public Procurement and Responsible Business Conduct and the upcoming Union legislation on corporate due diligence; believes that by incorporating responsible business standards in its procurement and purchasing policies, agencies can safeguard the public interest and ensure the accountability of public spending;
Amendment 63 #
2020/2194(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Emphasises the importance of sustainability reporting in all Union agencies; notes with concern that only one Union agency, the European Union Intellectual Property Office, publishes a sustainability report; reiterates its call on the agencies to integrate sustainability in their reporting systems;
Amendment 1 #
2020/2180(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the appointment of a new executive director on 16 June 2019; welcomes the detailed follow-up report by the Office on the observations of Parliament for the financial year 2019, in particular the steps made in the area of procurement with the successful conclusion of the framework contract for temporary agency workers in Italy that was awarded in 2019 and its full compliance with Union procurement rules; notes the corrective measures introduced in order to improve the governance structure and to restore transparency and the reputation of the Office;
Amendment 30 #
2020/2180(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 12 #
2020/2170(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 30 #
2020/2170(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. According to the Agency, its budgeted fee income for 2019 represents circa 39,5 % of its total income; acknowledges that the Agency has an exemplary system of monitoring and for preventing any conflicts of interest, and its view that there is limited danger of such conflicts arising, due to the cost-covering purpose of the fees and the regular assessment of the Agency’s staff involved in opinion-making to ensure there is independence; notes that the Agency would welcome a solution whereby the Commission would collect the fees on behalf of the Agency, thereby facilitating the Agency’s financial management and helping to mitigate the risks of shortfalls; notes that the fees paid by industry vary substantially year by year, and that it is therefore not possible for the Agency to estimate the need for a balancing subsidy from the Union budget at a reasonable margin, which complicates budgetary planning; calls for a dialogue on how to reform the financing mechanism of the Agency, with the aim of putting it on a sustainable basis;
Amendment 4 #
2020/2142(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. NotWelcomes that the Court of Auditors (the ‘Court’), in its annual report for 2019, observed that no significant weaknesses had been identified in respect of the audited topics relating to human resources and procurement for the European Council and Council (the ‘Council’);
Amendment 12 #
2020/2142(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Reminds the Council that conducting impact assessments is one of the key factors set out in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, together with the promise of the Council to carry out impact assessments in relation to its substantial amendments to the Commission’s proposals; regrets that the Council has so far not carried out any impact assessment on one of its amendments;
Amendment 22 #
2020/2142(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Is aware of the key role of the Council in nominations and appointments procedures for the Union institutions and bodies, in particular the European Council, the Commission, the Court and the consultative Committees (the Committee of the Regions and the European Economic and Social Committees); strongly recommends a review of these prerogatives in the view of ethical principles adopted by the Union, such as integrity and dignity; recalls the Court's statement that ethical conduct 'contributes to sounder financial management and increased public trust, which is indispensable if public policies are to succeed' and, in particular, that 'any unethical behaviour by staff and Members of the EU institutions attracts high levels of public interest and reduces trust in the EU'; considers it thus necessary to avoid the appointment as Members of Union institutions and bodies candidates who represent a reputational risk for the entire Union, such as candidates with unethical behaviour confirmed by OLAF or with legal proceedings underway against them;
Amendment 27 #
2020/2142(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Reiterates its concerns about the alarming information reported by the media regarding the construction of the new Europa building; calls on the Council to thoroughly research the main contractor and the whole chain of subcontractors (up to 12 according to the media), as well as the working conditions of the workers employed, and to provide Parliament’s Committee on Budgetary Control with all its findings;
Amendment 32 #
2020/2142(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Encourages the Council to advise the presidencies properly in establishing clear and transparent rules on sponsorship; urges the Council to make progress with respect to the guidelines without delay andNotes that the Member States are expected to finance their own presidencies and regrets that they resort to corporate sponsorship to cover some of their expenses; is highly concerned about the possible reputational damage that this practice might cause to the Council and the Union; urges Council presidencies to avoid resorting to corporate sponsorship to cover expenses; asks the Council, in that regard, to envisage the budgetisation of the presidencies; calls on the Council to reflect on the currently non-binding character of the guidance;
Amendment 57 #
2020/2142(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Recalls the statements by Vice- President Věra Jourová and Commissioner Johannes Hahn in their hearings before Parliament in 2019 that they are willing to engage in this matter so as to help achieve more transparency on the implementation of the Council’s budget; considers that the negotiations could be extended to include the Commission so as to ensure that Parliament is provided with the necessary information on how the Council is implementing its budget, either directly or via the Commission.
Amendment 6 #
2020/2141(DEC)
Motion for a resolution
Paragraph 13 – indent 1
Paragraph 13 – indent 1
- with regard to the audit of procurement and contract implementation in the catering sector (DG INLO), achieving the internal control objectives through, notably, allowing longer time- limits for procurement that are proportionate to the complexity of the specifications; ensuring clearer, more relevant and accurate tender specifications; ensuring a transparent evaluation of tenders that is based on the published criteria and is properly documented; validating ad hoc contracts on concessions with the legal service; the critical importance of managing amendments to concession contracts in line with the rules; improved management monitoring and reporting; underlines the importance of taking criteria for environmental sustainability and social factors into account;
Amendment 13 #
2020/2141(DEC)
16. NoteRejects the fact that no action has been taken in response to some of the recommendations in Parliament's resolution on the discharge for 2018, and that the discharge follow-up document does not provide any justification for this; stresses the importance of havingdemands more frequent discussions with the Secretary-General on issues concerning Parliament's budget and its implementation in Parliament’s Committee on Budgetary Control; calls on the Bureau to follow up on these recommendations;
Amendment 17 #
2020/2141(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recognises the positive developments regarding gender balance and welcomes the new and more ambitious targets to be achieved by 2024; acknowledggrets the lack of gender balance of Bureau staff; Recognises the positive developments in this regard and acknowledges the new targets; recognizes the need for continuous monitoring on the topic;
Amendment 35 #
2020/2141(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes that more than 50% of Union citizens eligible to vote took part in the elections, and notes with satisfaction that it was the first time since the first direct elections in 1979 that turnout has increased; regrets, however, that the Spitzenkandidaten system for the appointment of the Commission President was not followed, unlike after the 2014 elections; observes that the system adds to the transparency and accountability of the Commission to Parliament; notes that the President of the European Commission acknowledges the need for improvement in this area in the Political Guidelines; stresses that, as stated in the Guidelines, a review of the way the leaders of the institutions are appointed and elected is needed;
Amendment 41 #
2020/2141(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that ahead of and during the elections, all relevant Parliament’s stakeholders were kept up-to-date on disinformation and threats against Parliament from entities and actors seeking to undermine unity and European democracyCommends Parliament’s efforts to counter disinformation ahead of and during the elections; urges Parliament to take robust action to counter disinformation via regular information and warnings and that appropriate training and awareness-raising activities are organised for Members, staff and visitors; calls on Parliament to further strengthen the external communication of its activities;
Amendment 45 #
2020/2141(DEC)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Notes that, at its meeting of 11 February 2019, the Bureau confirmed the continuation of Parliament’s office in London; notes that on 5 October 2020, the Bureau acknowledged the closure of the Edinburgh antenna office at the end of 2020; acknowledges that the liaison office in as well as the European Union Delegation to the United Kingdom will continue to play a crucial role for Parliament in providing services to Members on delegations to the United Kingdom and in order to further engage with citizens, civil society, government, the parliamentary environment and media in that country; regrets therefore the refusal of the United Kingdom government to recognise the full diplomatic status of the European Union ambassador to the United Kingdom;
Amendment 49 #
2020/2141(DEC)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Stresses the need for the revival of the debating culture in Parliament; welcomes the decision to require members to give speeches from the lectern facing the plenary; believes that the debating culture can also be improved by allowing sufficient time for the exchange of arguments and counter-arguments, for instance by extending the blue card procedure;
Amendment 50 #
2020/2141(DEC)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Notes that the revised rules governing the payment of financial contributions for sponsored visitors’ groups entered into force on 1 January 2017; recalls that, in accordance with the principle of non-profit enshrined in these rules, heads of groups have an obligation to return any unused financial contribution after verification by Parliament’s services of a financial declaration; seeks greater assurance that the management of sponsored visitors’ groups is strictly in accordance with the applicable rules; reiterates its call to remove the possibility of appointing APAs as head of group and thus giving the financial responsibility of sponsored visits exclusively to a member of the group or to professionals, i.e. paying agents or travel agencies;
Amendment 55 #
2020/2141(DEC)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Is aware of the importance of the building policy, in particular the completion of final installation works at the Montoyer 63 building in Brussels, which was put in use in 2019, and the Adenauer project in Luxembourg, which is scheduled to be completed by end of June 2023; understands that, in 2019, the Committee on Budgets authorised a mopping-up transfer, amounting to EUR 31 million, for the pre-financing of the project, which excludes project management costs, financial costs, certified bodies, etc.; regrets the increased costs due to the constructions delays and notes that transactions with the construction companies (linked to the delay with the project) have been necessary to avoid further delays and costs (between 5% and 15% of the contract amount);
Amendment 61 #
2020/2141(DEC)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Recalls that in 2020, Parliament launched an international architectural competition with two options, a comprehensive environmental renovation or reconstruction of the Spaak building; to take into account cost-effectiveness and energy efficiency as leading criteria; expects a detailed and public evaluation of the cost and energy efficiency of the selected proposal on the basis of the summary pre-project, which is to be developed by the winning architect in the course of 2021; demands that the renovation/reconstruction take into account Parliament’s current needs as described in the updated building strategy beyond 2019;
Amendment 69 #
2020/2141(DEC)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53 a. Points to recent media reports that the thermal cameras in use in Parliament's premises for measuring the temperature of all persons entering Parliament is produced by Hikvision, a company importing and producing cameras from China’s Xinjiang province1a; recalls that Hikvision has been accused of providing surveillance equipment to internment camps in this province1b; notes that there is an unacceptable risk that Hikvision, through its operations in Xinjiang, is contributing to serious human rights abuses; recalls that Parliament awarded the 2019 Sakharov Prize for Freedom of Thought to Ilham Tohti for his efforts to protect the rights of the Uyghur population in China; considers the use of thermal cameras of this provider in Parliament's premises therefore to be unacceptable; calls on the Secretary-General to terminate the contract with Hikvision and remove all of Hikvision’s thermal cameras from Parliament’s premises; stresses the need for the Bureau to be more prudent in the selection of equipment providers in the future; _________________ 1ahttps://www.dw.com/en/exclusive-eu- taps-chinese-technology-linked-to- muslim-internment-camps-in-xinjiang/a- 55362125 1b https://www.npr.org/2019/10/08/76815042 6/u-s-blacklists-chinese-tech-firms-over- treatment-of-uighurs?t=1611915285989
Amendment 71 #
2020/2141(DEC)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Takes note of the immediate actions, approved by the Bureau at its meeting of 22 July 2020, which included an awareness campaign, protection of valuable IT equipment, prior notification of maintenance works, and provisions of separate master keys for each floor and strict limitation of their distribution; expresses its dismay over the general tone and specific messages of the awareness campaign that seems to hold Members and staff responsible of the protection of the equipment beyond common sense rather than focus on security measures; expects Parliament to adopt long-term measures to prevent thefts including among those envisaged the introduction of different levels of access rights within Parliament’s premises, increased CCTV coverage, and further actions relating to keys’ management policy, including the possibility of installing electronic door locks taking due account of the necessary proportionality between the investments needed and the actual value of stolen items;
Amendment 73 #
2020/2141(DEC)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Takes note of the immediate actions, approved by the Bureau at its meeting of 22 July 2020, which included an awareness campaign, protection of valuable IT equipment, prior notification of maintenance works, and provisions of separate master keys for each floor and strict limitation of their distribution; expectscalls on Parliament to adopt long-term measures to prevent thefts including among those envisaged the introduction of different levels of access rights within Parliament’s premises, increased CCTV coverage, and further actions relating to keys’ management policy, including the possibility of installing electronic door locks taking due account of the necessary proportionality between the investments needed and the actual value of stolen items;
Amendment 93 #
2020/2141(DEC)
Motion for a resolution
Paragraph 72 a (new)
Paragraph 72 a (new)
72 a. Draws attention to four important investigations conducted by the EDPS involving Parliament, namely using NationBuilder to process personal data as part of its activities relating to the 2019 European election, failing to publish a compliant privacy policy for the "thistimeimvoting" website within the deadline set by the EDPS, and the body temperature checks as well as the test- booking website in the context of the COVID-19 crisis; notes that in the two first cases Parliament acted in line with EDPS' recommendations; reminds the aforementioned preliminary review of Parliament's data protection framework; calls on the relevant services of the Administration of Parliament to drawn lessons from the mentioned investigations for the future;
Amendment 106 #
2020/2141(DEC)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Is convinced that the attractiveness of Parliament as an employer is a key component of its success; is deeply concerned by the difficulties encountered in recruiting some nationalities and bringing certain job profiles in-house; regrets Parliament’s over-dependence on external expertise; notes that DG PERS is currently running the project ‘Attracting and retaining top talent’ that aims at improving Parliament’s policies to attract and retain talent and at contributing to the development of Parliament’s long-term strategic vision on the jobs of the future; calls on the Secretary-General to do his utmost in order to reach aimprove the diversity and geographical balance ofor Parliament’s staff, both on the total number by country and on the number of management positions and to explore all available options in order to increase the competiattractiveness of Parliament as an employer;
Amendment 109 #
2020/2141(DEC)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Is concerned bythe lack of diversity among Parliament’s staff; calls on the Secretary-General to make increasing diversity a priority; takes note of the difficulty of recruiting IT and financial specialists and staff at lower grades in Luxembourg, especially in the AST-SC category; stresses that a preliminary factual analysis that the Court addressed to the Secretary-General in this context shows that the selection process organised by the European Personnel Selection Office is not adapted to small-scale, targeted competitions, which are those most suited to the current recruitment needs of Union institutions; notes with satisfaction Parliament’s active involvement in an inter-institutional effort in reviewing the way competitions are currently run by European Personnel Selection Office; calls for a new selection framework to be developed for specialist competitions and the introduction of a mechanism for regularly reviewing its selection process; calls on the Secretary- General to organise specialist competitions in-house when appropriate;
Amendment 111 #
2020/2141(DEC)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Welcomes the fact that promoting equal opportunities is a key component of Parliament's human resource policy; expresses its satisfaction as regards the fact that the gender equality roadmap continues to be implemented through concrete actions and that on 13 January 2020, the Bureau approved a set of more ambitious targets for gender balance in senior and middle management posts in Parliament’s Secretariat to be achieved by 2024: 50% female heads of units and directors, 40 % female directors- general; stresses the need for the Bureau to further step up its commitment to gender equality by committing to more ambitious targets to be achieved by 2022: 50% female heads of units and directors, 50% female directors-general; calls on the Bureau to also formulate ambitious targets for lower management posts;
Amendment 113 #
2020/2141(DEC)
Motion for a resolution
Paragraph 78 a (new)
Paragraph 78 a (new)
78 a. Reiterates that it is essential that staff representatives are heard when the Bureau discusses general matters affecting its staff policy, and asks again the Secretary-General to take the appropriate measures to implement this key approach; reiterates its request to the Secretary-General to take further steps to ensure transparency and fairness during senior management appointment procedures; asks for the full implementation of the measures recommended in Parliament’s resolution of 18 April 2018, notably that officials from staff representative bodies sit on Parliament’s senior management selection panels; calls, furthermore, for ensuring consistency when it comes to external publications of senior management posts and diligence in the publication of these posts as and when they fall vacant;
Amendment 116 #
2020/2141(DEC)
Motion for a resolution
Paragraph 78 a (new)
Paragraph 78 a (new)
78 a. Notes that teleworking arrangements and remote voting are now part of Parliament’s working arrangements for Members; calls on Parliament’s secretariat to continue facilitating these arrangements for Members on maternity, parental, carers, sick or special leave and explore using the arrangements in the future also, so as to allow Members to both hold meetings in their constituencies as well as with their colleagues in Brussels in what could be ‘hybrid’ weeks;
Amendment 125 #
2020/2141(DEC)
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79 a. Highlights the fact that current rules on the termination of contract for APAs do not foresee the possibility of a termination by “mutual consent”, which would be a way to recognise the special political relation between Members and assistants, where both parties can acknowledge the mutual trust is no longer persisting, and benefit from a common solution; notes that this issue has been highlighted in several Parliament discharge reports and expects action to be taken as soon as possible;
Amendment 126 #
2020/2141(DEC)
Motion for a resolution
Paragraph 79 b (new)
Paragraph 79 b (new)
79 b. Notes that members of staff who work in the Union institutions for less than 10 years cannot claim an Union pension, they must transfer their contributions to another fund which meets Parliament's rules regarding the type of fund and the age at which funds can be drawn; notes that many British APAs have not been able to transfer to United Kingdom pension funds which Parliament considers do not meet requirements; asks the Secretary-General to urgently look into this matter to ensure all members of staff can access their contributions;
Amendment 127 #
2020/2141(DEC)
Motion for a resolution
Paragraph 79 c (new)
Paragraph 79 c (new)
79 c. Recalls that Parliament has called for Union legislation that grants workers the right to digitally disconnect from work without facing negative repercussions; asks Parliament to promote and apply this principle to itself too;
Amendment 133 #
2020/2141(DEC)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Welcomes the development of measures that contribute to a better balancing of professional and private life including the implementation of extended teleworking possibilities for Parliament’s staff and of measures promoting well-being at work; however, highlights the value of physical presence in Parliament; highlights the contribution of teleworking arrangements and remote voting to the further reduction of Parliament’s carbon footprint; stresses the need for Parliament's staff and Members to be provided the opportunity to continue the conduct of so-called hybrid meetings as well as remote voting; calls on the Bureau to continue providing instruments to facilitate these arrangements in future;
Amendment 136 #
2020/2141(DEC)
Motion for a resolution
Paragraph 82 a (new)
Paragraph 82 a (new)
82 a. Deplores the fact that Members who are on maternity leave cannot be substituted; is of the opinion that this is at odds with core values of the Union because it implies that a vote on a female candidate may lead to temporary non- representation; is of the opinion that the impossibility (under normal circumstances) to vote remotely in plenary and in Parliament’s committees for Members on maternity and parental leave, carers’ leave, but also those on long-term sick leave as well as in cases of force majeure is an unresolved problem; calls on the Council to amend Art 6 of the Act concerning the election of the members of the European Parliament by direct universal suffrage (European Electoral Act) in order to remedy the situation; calls on the Bureau to amend the Rules of Procedure accordingly;
Amendment 145 #
2020/2141(DEC)
Motion for a resolution
Paragraph 84
Paragraph 84
84. Is aware ofRegrets the 38 cases involving Parliament pending with European Anti- Fraud Office in 2019 ranging from the proper use of parliamentary allowances and staff conduct to the financing of European political structures; points out the fact that 14 cases were closed in 2019;
Amendment 154 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 b (new)
Paragraph 86 b (new)
Amendment 155 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86 a. Expresses strong concern for the working conditions of two of the external concessions contracted by Parliament, namely the cleaning and the restauration staff of Parliament, and strongly recommends that DG INLO organises an independent survey about the satisfaction with the working conditions of the staff concerned subcontracted by Parliament, in order to ensure respect and dignity at work; notes that such a survey was recommended in the previous Parliament discharge report, but that it was not followed up on; repeats this recommendation and urges the Bureau to act on this; calls for an evaluation of Parliament’s public procurement policy in light of improving transparent and predictable working conditions for all subcontracted services; calls on Parliament to report to the discharge authority on the results of such evaluation;
Amendment 156 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 c (new)
Paragraph 86 c (new)
86 c. Recalls with disappointment the dismissal of 60 employees working in Parliament’s catering services as of January 2021; notes that the dismissed staff was informed shortly before Christmas 2020 and in the middle of a pandemic; stresses that some of the dismissed staff had worked on Parliament’s premises for decades; recalls Parliament’s repeated calls on companies across the Union to retain their staff during the pandemic; urges the Secretary- General to respond without delay to a letter sent about the dismissal signed by 355 Members; asks to consider if Parliament could guarantee these workers job security by the internalisation of the catering service and directly hiring the catering personnel, following the good example of Parliament's car drivers;
Amendment 165 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 d (new)
Paragraph 86 d (new)
Amendment 166 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 e (new)
Paragraph 86 e (new)
86 e. Recalls that a majority of the Members have repeatedly expressed that the monthly move from Brussels to Strasbourg entails excessive financial and environmental costs that cannot be justified to voters and taxpayers; urges the Member States to assess whether a continuation of the obligation to hold 12 parliamentary sessions a year in another working place is tenable from a financial, environmental and health perspective in a changed global context;
Amendment 167 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 f (new)
Paragraph 86 f (new)
86 f. Reiterates that the COVID-19 crisis constitutes a ‘force majeure’ situation which has forced Parliament to scrap a substantial amount of the 12 Strasbourg sessions from the 2020 parliamentary calendar; upholds that costs and health consequences caused by the COVID-19 crisis should not be compounded by costly moves to Strasbourg; strongly urges the Member States to, by way of derogation from the Treaty, refrain from insisting on compensatory sessions in Strasbourg;
Amendment 174 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 c (new)
Paragraph 86 c (new)
86 c. Reiterates its concern about the alleged practice of Members obliging APAs to undertake missions, particularly to Strasbourg, without mission orders, mission costs or even travel costs; is of opinion that such a practice leaves room for abuse: where APAs travel without a mission order they not only have to pay for the costs by their own means, they are also not covered by workplace insurance; calls on the Secretary-General to investigate this alleged practice and to report on this by the end of the year;
Amendment 175 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 d (new)
Paragraph 86 d (new)
86 d. Reiterates its call on the Conference of Presidents and the Bureau to reconsider the possibility for APAs, under certain conditions to be determined, to accompany Members on official Parliament delegations and missions, as already requested by several Members; takes note of the estimated financial impact explained by the Secretary- General on his follow-up to the 2018 discharge but insists on the limited extension of this possibility; suggests a new discussion at the level of the Bureau and the Conference of Presidents;
Amendment 179 #
2020/2141(DEC)
Motion for a resolution
Paragraph 87
Paragraph 87
87. Recalls Article 27(1) and (2) of the Statute for Members of the Parliament which states that “the voluntary pension fund set up by Parliament shall be maintained after the entry into force of this Statute for Members or former Members who have already acquired rights or future entitlements in that fund” and that “acquired rights and future entitlements shall be maintained in full”; is however convinced of the need to further explain the legal consequences of the rules and/or to modify the rules; asks the Secretary- General to guarantee that no taxpayer money is used for the future payments
Amendment 180 #
2020/2141(DEC)
Motion for a resolution
Paragraph 87 a (new)
Paragraph 87 a (new)
87 a. Recalls paragraph 118 of the 2017 Parliament discharge Resolution which called to investigate the legal foundations of the Voluntary Pension Fund and in particular, whether Parliament as has a legal obligation to guarantee that future entitlements shall be maintained in full and to fill the potential deficits of the fund or put fresh money in to the fund, given that the Voluntary Pension Fund is a SICAV investment fund under Luxembourg law rather than a regular pension fund, which would imply that there is in principle no such obligation; regrets that the Secretary-General has not yet come forward with any findings in response to the investigation called for;
Amendment 181 #
2020/2141(DEC)
Motion for a resolution
Paragraph 87 b (new)
Paragraph 87 b (new)
Amendment 182 #
2020/2141(DEC)
Motion for a resolution
Paragraph 87 c (new)
Paragraph 87 c (new)
87 c. Recalls that for all beneficiaries of the voluntary pension fund the benefits represent an additional rather than their only source of income; underlines that due to a low-interest-rate environment, the amount of defined benefit schemes has radically declined across the Union; objects against sheltering former members of Parliament from this dynamic; rejects any situation in which the actuarial deficit of the fund leads to any form of bail-out with taxpayer money;
Amendment 184 #
2020/2141(DEC)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Recalls that, at its meeting of 10 December 2018, the Bureau decided to modify the rules applicable to the pension scheme by increasing the retirement age from 63 to 65 years and introducing a levy of 5% to pension payments for future pensioners with a view to improve its sustainability; welcomes that the immediate effects of the rules change were savings in the 2019 pensions payments amounting to approximately EUR 325 000, that of these, EUR 306 000 stem from the increase in pension age and EUR 19 000 stem from the introduction of a 5% levy to all pensions established after 1 January 2019; asks that the Bureau evaluate all possible options as soon as the Court of Justice has made its decisions regarding the current measures in order to find a fair solution to the voluntary pension scheme and fund while keeping Parliament's liability to a minimum; including liquidation of the fund, a further increase of the retirement age and a reduction of pension benefits paid out;
Amendment 186 #
2020/2141(DEC)
Motion for a resolution
Paragraph 91
Paragraph 91
91. Calls upon the Secretary-General and the Bureau to fully respect the Statute for Members and to establish with the pension fund a clear plan for Parliament assuming and taking over its obligations and responsibilities for its Members’ voluntary pension scheme; sSupports the request from the Bureau to the Secretary- General to investigate ways to ensure a sustainable financing of the voluntary pension fund in accordance with the provisions of the Statute for Members while ensuring the protection of Union taxpayers and full transparency; appeals to the Bureau and the members of the voluntary pension fund to support measures aiming at limiting the deficit of the voluntary pension fund;
Amendment 200 #
2020/2141(DEC)
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97 a. Welcomes Parliament's intention to introduce sustainability reporting, which will include social aspects of procurement, calls on the Parliament to monitor developments in the field of social and sustainable public procurement, such as the OECD work on Public Procurement and Responsible Business Conduct and the upcoming Union legislation on corporate due diligence; believes that by incorporating responsible business standards in its procurement and purchasing policies, Parliament can lead by example, safeguard the public interest and ensure the accountability of public spending;
Amendment 202 #
2020/2141(DEC)
Motion for a resolution
Paragraph 98 a (new)
Paragraph 98 a (new)
98 a. Stresses that Parliament has to honour its commitments regarding the fight against climate change, and must consequently take appropriate steps in all its buildings to make sufficient bicycle internal and external parks, where bicycles are protected against theft, vandalism and the elements, available to all staff, and at the very least offer the same arrangements currently available in staff car parks; a system whereby vignettes are used as a means of identification could also be very worthwhile in this regard;
Amendment 150 #
2020/2140(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Welcomes the Rule of Law Regulation on a general regime of conditionality for the protection of the Union budget to protect CAP and Cohesion spending; underlines that the Regulation entered into force on1 January 2021; urges the Commission do its utmost to fully apply the Regulation without delay; recalls that the Parliament can hold the Commission to account with regard to its application of the Regulation, including any unjustified delays, through an action for failure to act under Article 265 TFEU;
Amendment 151 #
2020/2140(DEC)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Is concerned about the financial loss caused by generalised deficiencies as regards the rule of law in a number of Member states; expects the Commission to employ all instruments at its disposal to suspend, reduce and restrict access to the Union's funding in such cases, including the use of the Rule of Law Regulation;
Amendment 351 #
2020/2140(DEC)
Motion for a resolution
Paragraph 96 a (new)
Paragraph 96 a (new)
Amendment 395 #
2020/2140(DEC)
Motion for a resolution
Paragraph 116 a (new)
Paragraph 116 a (new)
116 a. Is deeply concerned by discriminatory measures taken by various Polish local governments against LGBTI persons, including through so-called ‘LGBTI-free zones’; notes that these authorities receive ESI-funds; calls on the Commission to ensure that cohesion funds are disbursed in compliance with the fundamental rights enshrined in the Treaties and Charter of Fundamental Rights of the European Union, as well as the Common Provisions Regulation concerning ESI-funds;
Amendment 430 #
2020/2140(DEC)
Motion for a resolution
Paragraph 127 a (new)
Paragraph 127 a (new)
127 a. Remains deeply worried by reports about agricultural funds ending up in the pockets of autocrat leaders and their cronies; reiterates that this is a severe injustice towards EU tax payers and particularly towards small farmers and rural communities; stresses that the eradication of corruption and fraud should be part and parcel of the CAP;
Amendment 431 #
2020/2140(DEC)
Motion for a resolution
Paragraph 127 b (new)
Paragraph 127 b (new)
127 b. Underlines that given the widespread problems of conflict of interest in the distribution of Union agricultural funds, it is undesirable that members of the European Council, agricultural ministers, functionaries, members of the agricultural committee of the European Parliament or their family should be taking decisions on income support;
Amendment 432 #
2020/2140(DEC)
Motion for a resolution
Paragraph 127 c (new)
Paragraph 127 c (new)
127 c. 1. Points to a recent study offered to the Discharge Authority on the identification of the direct and ultimate beneficiaries of CAP spending1a; reiterates the study’s finding that a comprehensive and accessible overview of these beneficiaries remains impossible to provide; therefore asks the Commission in cooperation with national agencies to come up with a standardized and publicly accessible format to disclose the end beneficiaries of the CAP, building on best practices such as the website farmsubidy.org; _________________ 1a https://www.europarl.europa.eu/meetdocs/ 2014_2019/plmrep/COMMITTEES/CON T/DV/2021/01- 25/Study_Largest50Beneficiaries_EN.pdf
Amendment 516 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 a (new)
Paragraph 128 a (new)
Amendment 820 #
2020/2140(DEC)
Motion for a resolution
Paragraph 191 a (new)
Paragraph 191 a (new)
191 a. Expresses its concern over the very high approval rate of transfer requests into private sector positions for former Commission staff, as this increases the likelihood of the occurrence of conflicts of interest1a; urges the Commission to review its policy in this regard; _________________ 1a https://euobserver.com/institutional/14984 1
Amendment 821 #
2020/2140(DEC)
Motion for a resolution
Paragraph 191 b (new)
Paragraph 191 b (new)
191 b. Notes with concern the absence of a requirement for the vast majority of Commission decision-makers to publish their meetings with interest representatives; also expresses concern on the possibility for Commission decision- makers to meet with lobbyists not registered in the Transparency Register; calls for full transparency regarding all meetings organised by the Commission with private actors or their representatives, such as consultancy organisations;
Amendment 822 #
2020/2140(DEC)
Motion for a resolution
Paragraph 191 c (new)
Paragraph 191 c (new)
191 c. Expresses its concern on the Commission’s decision to award a contract to BlackRock Investment Management to carry out a study on environmental, social and governance objectives; points to an inquiry by the European Ombudsman on the possibility for a conflict of interest1a;calls therefore on the Commission to update its guidelines on public procurement procedures; _________________ 1a https://www.ombudsman.europa.eu/en/cas e/en/57060
Amendment 823 #
2020/2140(DEC)
Motion for a resolution
Paragraph 191 d (new)
Paragraph 191 d (new)
191 d. Urges the Commission to introduce sustainability reporting, including social and environmental aspects of procurement; believes that by incorporating responsible business standards in its procurement and purchasing policies, the Commission can safeguard the public interest and ensure the accountability of public spending;
Amendment 1 #
2020/2137(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the 2018 IPCC Special report on 1.5 degrees1a __________________ 1a https://www.ipcc.ch/2018/10/08/summary- for-policymakers-of-ipcc-special-report- on-global-warming-of-1-5c-approved-by- governments/
Amendment 2 #
2020/2137(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to the Proposal for a regulation of the European Parliament and of the Council establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (‘The European Climate Law’)1b __________________ 1b COM(2020)0080
Amendment 3 #
2020/2137(INI)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
- having regard to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC)No 842/2006,
Amendment 25 #
2020/2137(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in a corporate context, a sustainability approach implies that the interest of different stakeholders in the company, including trade unions and workers representatives are duly taken into consideration, as well as the risks a company is exposed to, including general societal and environmental concerns, are duly taken into consideration;
Amendment 32 #
2020/2137(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the multiple international initiatives promoting sustainable corporate governance remain soft law only; whereas the study commissioned by the Commission on director’s duties and sustainable corporate governance highlights the problems associated with short-termism as well as the fact that the EU is not on track to meet its own sustainability commitments if companies do not incorporate long-term interests; underlines that the study clearly points towards the need for EU legislation in this regard.
Amendment 47 #
2020/2137(INI)
Motion for a resolution
Recital F
Recital F
F. whereas stakeholders have often expressed that the non-financial information provided by companies pursuant to the NFRD is insufficient, unreliable and not comparable; whereas disclosure of more complete and reliable information is necessary so that companies can be held accountable for their potential adverse impacts on climate, the environment and society;
Amendment 54 #
2020/2137(INI)
Motion for a resolution
Recital G
Recital G
G. whereas companies’ directors have the legal and statutory duty to act in the interest of the company; whereasnotes that this duty has been subject to different interpretations in different jurisdictions, and that what is considered to be “the interest” of a company should incorporate the interests of stakeholders as well as wider societal interests; whereas a narrow interpretation of this duty wit with an excessive focus on short-term profit maximisation has an adverse impact on companies’ long-term performances and on sustainability, and therefore may be to the detriment of shareholders’ interest;
Amendment 57 #
2020/2137(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas in recent occasions however, shareholders have proposed environmental resolutions which have not been backed by companies, including the notable example of BlackRock which supported just 6 per cent of environmental proposals filed by shareholders despite strong public commitments to sustainability;
Amendment 62 #
2020/2137(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas in order to make corporate governance in the Union more sustainable, transparent and accountable, the Commission should come forward with proposals to review the non-financial reporting directive and should introduce separate new legislation on due diligence and director’s duties.
Amendment 76 #
2020/2137(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its call for an enlargement of the scope of the NRFRD to cover all listed and non-listed large undertakings established or operating in the Union territory, as defined in Article 3(4) of the Accounting Directive; invites the Commission to identify high-risk sectors of economic activity with a significant impact on sustainability matters that could justify the inclusion of small and medium enterprises (SMEs) in those sectors, within the scope of the NFRD; stresses that a review of the NFRD is also needed to give financial market participants access to relevant data in order to carry out the obligations of the Disclosure Regulation.
Amendment 85 #
2020/2137(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the concept of environmental matters in the NFRD should be interpreted in line with the Taxonomy Regulation; stresses that the recommendations of the Task Force on Climate-related Financial Disclosures should be applied; considers it equally important to define with precision the other sustainability matters to which the Directive refers, such as the concepts of social and employee matters, respect for human rights and anti-corruption and bribery;
Amendment 88 #
2020/2137(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the definition of materiality should include the issues that affect long-termurgently be revised to include any relevant environmental, human rights and governance impacts to society as a whole, beyond value creation and matters beyond the purely financial performance of companies; considers that the assessment of materiality should be carried out through a robust multi-stakeholder involvement process;
Amendment 93 #
2020/2137(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes that the NFRD gives companies within its scope significant flexibility to disclose relevant information in the way they consider most useful; notes that companies may currently rely, at their discretion, on a number of different frameworks; considers it necessary to set up a comprehensive EU legislative framework covering the full set of sustainability issues relevant for a comprehensive non-financial reporting; highlights, in this regard, that the EU legislative framework should ensure that the disclosures are clear, balanced, understandable, comparable among companies within a sector, verifiable and objective; stresses that this frameworke legislation should include, where relevant, mandatory sector-specific standards; welcomes, in this regard, the Commission’s commitment to supporting a process to develop EU non- financial reporting standards18 ; stresses that specific mandatory reporting obligations and standards should be set in the NFRD review, with appropriate democratic overview and representation of public interests, including trade unions and civil society organisations; __________________ 18 Remarks by Executive Vice-President Dombrovskis at the Conference on implementing the European Green Deal: Financing the Transition, 28 January2020 (https://ec.europa.eu/commission/presscorn er/detail/en/speech_20_139)
Amendment 110 #
2020/2137(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to remove the exemption in NFRD that allows the non- financial statement to be reported outside the management report, so that information is presented in a single integrated annual management report;
Amendment 114 #
2020/2137(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the NFRD excludes non- financial statements from the requirement of content assurance to which financial statements of companies are otherwise subject; considers that non-financial statements should be subject to a mandatory audit, depending on the size and field of activity of the company concerned; considers that the assurance service provider, subject to requirements of objectivity and independence, should conduct their audit in accordance with the future EU framework; stresses in this light the need to address the inherent wrong incentives in statutory auditing via a review of the Statutory Audit Directive; upholds that this is also an opportunity to address the quasi monopoly of the ‘Big Four’ accountancy companies that audit the largest listed companies;
Amendment 115 #
2020/2137(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that workers' representatives should be involved in defining the process for reporting non- financial information and in verifying information, in particular regarding social sustainability goals and issues related to the supply production chain, including outsourcing and subcontracting.
Amendment 123 #
2020/2137(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. UStresses the importance of diversity in inclusiveness in companies; urges the Council to initiate without delay negotiations with Parliament on the proposal for a Directive on improving the gender balance among non- executive directors of companies listed on stock exchanges and related measures (COM(2012)0614) (‘the Women on Boards Proposal’) , which sets out to put an end to the pervasive imbalance between women and men at the highest-levels of decision-making in companies, which is in line with the principles of diversity and inclusiveness and leads to better business performance;
Amendment 128 #
2020/2137(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the major role of directors in defining a company’'s strategy and overseeing its operations; considers that directors should haveduty to act in the interest of the company should be understood as a duty to integrate long-term interests and sustainability risks, impacts, opportunities and dependencies in the overall strategy of the company;
Amendment 130 #
2020/2137(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines the need for more workers’ involvement in company decision-making processes to better integrate the long-term objectives and social and environmental impacts of a company; highlights the need to strengthen the involvement of employees, including in takeover bids, and, in line with their industrial relations traditions and employee practices, in electing board representatives;
Amendment 132 #
2020/2137(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls for a new framework on workers’ information, consultation and board-level representation to be established for European company forms and companies making use of EU instruments for company mobility and for a reform of the EWC Directive, in order to ensure a level-playing field and to improve workers’ information, consultation and participation
Amendment 136 #
2020/2137(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to present a legislative proposal to ensuringe that directors’ duties cannot be misunderstood as amounting to the short-term maximisation of shareholder value, but must include the long-term interest of the company and society, as well that of workers and other stakeholders. The legislative proposal should also ensure that members of the administrative, management and supervisory bodies of limited liability companies, acting within the competences assigned to them by national law, have collective responsibility for defining, disclosing and monitoring a corporate sustainability strategy;
Amendment 143 #
2020/2137(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the sustainability strategy should identify and address, in line with companies’ due diligence obligations, the significant impacts that the company might have on environmental, climate, social and employeeworkers and trade union matters, respect for human rights and anti- corruption and bribery matters connected to the company’s business model, operations and supply chains, including outside the European Union; considers that the duty of care that directors owe to the company requires also taking into consideration the interest of stakeholders who may be adversely impacted by the company’s activities;
Amendment 146 #
2020/2137(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Insists that if due diligence obligations and director’s duties are to be proposed in a single legislative instrument, they should be clearly separated in two different parts; considers that those obligations and duties are complementary but that they are not interchangeable, nor is one subordinated to the other.
Amendment 149 #
2020/2137(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Further considers that the sustainability strategy should include measurable, specific, time-bound and science-based targets and transition plans aligned with the Union’s commitments at international level on the environment, climate change, particularly the Paris Agreement, biodiversity, and deforestation; stresses that it should also include policies on gender equality, the better integration of employee’srights of persons belonging to particularly vulnerable groups or communities, the better integration of workers and trade union rights in the business activities and a definition of a fair salary policy, and sector-specific and/or geographical matters; believes that the variable part of the remuneration of directors should be linked to the achievement of the measurable targets set in the company’s sustainability strategy; and concretely, that a minimum of 50 per cent of the variable remuneration should be based on non- financial criteria.
Amendment 155 #
2020/2137(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights that the obligations of the Paris Agreement to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and pursue efforts to limit the temperature increase to 1,5°C above pre-industrial levels imply for all sectors of the EU economy to become greenhouse gas neutral by 2050 at the latest, proposes therefore an obligation for all businesses, including financial institutions, to establish remaining greenhouse gas budgets, measure their greenhouse gas footprint, set targets towards aligning their operation with a 1,5°C compatible emissions pathway and be completely greenhouse gas neutral by 2050 at the latest, while publicly communicating on their effective steering progress towards meeting these targets
Amendment 157 #
2020/2137(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for measures to promote the long-term engagement by investors in companies through the introduction of loyalty shares; highlights that retained earnings can contribute to building adequate reserves;
Amendment 158 #
2020/2137(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Asks for the introduction of a maximum management-to-worker pay ratio, which would reduce wage inequality from both ends of the pay spectrum by raising wages at the bottom while at the same time preventing excessive wages at the top; asks that this ratio is also reported on regularly by the board;
Amendment 175 #
2020/2137(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Considers that state aid, public support schemes (including support from Export Credit Agencies, government- backed loans) and public procurement should be granted to companies that have taken strong, measurable, specific, time- bound and science-based commitments with regards to social and environmental sustainability; recalls that public support to companies, whether in normal or critical situations, should be granted with due consideration to the achievement of the wider social and environmental ambitions of the EU; calls on the Commission and Member States to set mandatory social and environmental sustainability criteria when providing public support to companies, including through the Recovery and Resilience Facility; considers that those criteria can include concrete commitments to take all reasonable measures to protect jobs, to strive for a fair distribution of profits within the company, to reduce their environmental and carbon footprints, and to align their activity to the Paris Agreement;
Amendment 182 #
2020/2137(INI)
Motion for a resolution
Paragraph 15 k (new)
Paragraph 15 k (new)
15k. Notes that some companies carry out share buy-backs and distribute dividends in a way that is not compatible with sustainable business conduct nor with a fair and reasonable distribution of wealth; Stresses in particular that some companies suffering losses or carrying out redundancy plans chose to favour shareholders’ revenues via share buy- backs and the distribution of dividends, rather that reinvesting, protecting jobs and the long term interests of the company; calls on the Commission and the Member States to examine the possibility of regulating share buy-backs and the distribution of dividends for companies that are suffering losses or carried out redundancy plans;
Amendment 3 #
2020/2133(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that within the EU institutions different legislative measures aimed at preventing conflicts of interest contain varying definitions of the term ‘conflict of interest’; believes therefore that the term should be understood to mean a conflict between the public duty and private interests of a public official, in which the public official has private- capacity interests which could improperly influence the performance of their official duties and responsibilities, or in which the performance of official duties is prompted by private-capacity interests; notes, however, that a definition of this kind has an contextual and evolving nature and that full transparency does not necessarily guarantee the absence of any conflict of interest, nor does it guarantee public trust;
Amendment 18 #
2020/2133(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is of the opinion that the examination of Commissioner-designates’ declarations with a view to inferring a conflict of interest is of fundamental institutional and democratic importance and should be undertaken with the utmost attention, commitment and sense of responsibility; insists that the declaration of the President-elect of the European Commission should also be examined;
Amendment 21 #
2020/2133(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is also of the opinion that for this examination to be complete and accurate, and for the possibility of a conflict of interest to be excluded, information and documents beyond the declaration of financial interests of Commissioner- designates are often essentialin its current form are often essential and that it should be possible to systematically verify whether information is complete, accurate and up-to-date;
Amendment 23 #
2020/2133(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes therefore that the Committee on Legal Affairs should be given sufficient time to evaluate possible conflicts of interest; further believes that it should be provided with sufficient resources, tools and skills to cross-check and locate necessary information as well as ask for complementary information where necessary;
Amendment 31 #
2020/2133(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that, given the sophisticated and complex nature of this responsibility, the examination of and the establishment of a possible conflict of interest should be de- politicisedof Commissioner-designates should be technical and performed in an independent and systematic way with the assistance of a body with the relevant expertise and experience;
Amendment 35 #
2020/2133(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines the need to review and align relevant EU legislation and codes of conduct, including with a view to laying down strict rules and requiring full transparency on the employment or the projects taken up by high-ranking EU officials after leaving public office and on any side activities held by Members of the European Parliament;
Amendment 36 #
2020/2133(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses the need to learn from best practices in Member States; underlines in this light that in some Member States elected representatives are required to refrain from voting on issues in which they have a personal interest, and that these instances can occur in the European Parliament as well, for instance with Members who have farmland voting on direct income support under the CAP; asks MEPs in these cases to refrain from voting;
Amendment 45 #
2020/2133(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that for proper expertise to be acquired, the future ethics body should have a permanent, independent and collegiate structure, and that its composition could be based either on specific institutional positions, such as that of the President of the Court of Justice, or on the nomination or election of experts by each EU institution;
Amendment 50 #
2020/2133(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recommends therefore that, while fully keeping its competence on the matter, the Committee on Legal Affairs decide on the existence of a conflict of interest of Commissioner-designates after having received a non-binding recommendation by such an independent expert advisory body; insists that the body should also have the investigative powers to detect relevant conflicts of interests prior to, during and after public office or employment of all Union institutions, bodies,offices, and agencies; suggests the EU ethics body to be competent on declarations of interest, declarations of assets, conflicts of interest, gifts and lobby transparency rules;
Amendment 55 #
2020/2133(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Upholds that the ethics body should be able to take on concerns by stakeholders, including by whistle- blowers;
Amendment 56 #
2020/2133(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Questions the recent approval by the European Commission of former Commissioner Oettinger’s employment by the international consulting firm Kekst CNC, a consultancy firm whose biggest EU-lobbying client is Philip Morris International, the tenth post- Commissioner position of Mr. Oettinger which has been approved for in less than a year;
Amendment 60 #
2020/2133(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes furthermore that this future advisory body could also be entrusted with the broaderpower to enforce attenuation measures, as well as bans and sanctions while exercising its task of examining conflicts of interest within the EU institutions and agencies in general, playing, in a complementary and balanced way, a preventive role via awareness raising and ethical guidance powers on the one hand, and a compliance and enforcement role on the other. ; suggests the new EU ethics body could replace existing ethics committees within EU institutions, to support a coherent implementation of the respective rules aiming for the strongest ethical standards;
Amendment 68 #
2020/2133(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls that the Parliament may withdraw confidence from an individual Member of the Commission, after which the President of the Commission shall either require the resignation of that Member or explain his/her refusal to do so before Parliament in the following part-session, in line with point 5 of the Inter-Institutional Agreement of November 20th 2010.
Amendment 7 #
2020/2129(INL)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the OECD Due Diligence Guidance for Responsible Corporate Lending and Securities Underwriting,
Amendment 10 #
2020/2129(INL)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the 2018 IPCC Special report on 1.5 degrees,1a _________________ 1a https://www.ipcc.ch/2018/10/08/summary- for-policymakers-of-ipcc-special-report- on-global-warming-of-1-5c-approved-by- governments/
Amendment 11 #
2020/2129(INL)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
- having regard to the proposal for a regulation of the European Parliament and of the Council establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (‘The European Climate Law’),1b _________________ 1b COM(2020)0080
Amendment 12 #
2020/2129(INL)
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
- having regard to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006,
Amendment 20 #
2020/2129(INL)
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
- having regard to the Children’s Rights and Business Principles, developed by UNICEF, the UN Global Compact and Save the Children1a, _________________ 1a http://childrenandbusiness.org/
Amendment 23 #
2020/2129(INL)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
- having regard to the European added value assessment on Corporate Due Diligence and Corporate Accountability by the European Parliament Research Service,
Amendment 25 #
2020/2129(INL)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
- having regard to the opinion of the European Economic and Social Committee on “Mandatory due diligence”,
Amendment 26 #
2020/2129(INL)
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
- having regard to the study commissioned by Policy Department C: Corporate social responsibility (CSR) and its implementation into EU Company law,
Amendment 27 #
2020/2129(INL)
Motion for a resolution
Citation 34 d (new)
Citation 34 d (new)
- having regard to the publication 'Business and human rights – access to remedy' by the Fundamental Rights Agency,
Amendment 47 #
2020/2129(INL)
Motion for a resolution
Recital E
Recital E
E. Whereas this alarming situation has prompted a debate as to how to make businesses more responsive to the adverse impacts they cause or contribute to or are directly linked to; ;
Amendment 58 #
2020/2129(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas businesses have in general limited awareness of the range of impacts they have on children’s rights in their operations and supply chains and the potentially life-changing consequences these can have for children.
Amendment 90 #
2020/2129(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the scope of any future mandatory EU due diligence framework should be broad and cover all undertakings governed by the law of a Member State or established in the territory of the Union, including those providing financial products and services, regardless of their size or sector of activity and of whether they are publicly owned or controlled undertakings; recalls that the framework should also include companies which are established outside the EU but are active on the internal market;
Amendment 105 #
2020/2129(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that due diligence strategies should be aligned with the Sustainable Development Goals and EU policy objectives in the field of human rights and the environment, including the European Green Deal, and EU international policy, especially the Paris Agreement on Climate Change and its goals to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and pursue efforts to limit the temperature increase to 1, 5°C above pre-industrial levels;
Amendment 112 #
2020/2129(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Highlights that the obligations of the Paris Agreement imply for all sectors of the EU economy to become greenhouse gas neutral by 2050 at the latest and that companies therefore have to adjust their operations towards a path to individual carbon neutrality;
Amendment 139 #
2020/2129(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that company-level grievance mechanisms can provide effective early-stage recourse, provided they are legitimate, accessible, predictable, equitable, transparent and human rights- compatible, human rights- compatible and protect against retaliation; highlights that state-based non-judicial grievance mechanisms such as National Contact Points for Responsible Business Conduct can also play a role in ensuring access to remedy;
Amendment 171 #
2020/2129(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that victims of business- related adverse impacts are often not sufficiently protected by the law of the country where the harm has been caused; considers, in this regard, that victims of human rights abuses committed by EU undertakings operating in the EU should be allowed to choose the law of a legal system with high human rights standards, which could be that of the place where the defendant undertaking is domiciled;
Amendment 191 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 3
Annex I – part 1 – paragraph 9 – point 3
3. This framework was followed by the UN Human Rights Council’s endorsement in 2011 of the “Guiding Principles on Business and Human Rights” (UNGPs). The UNGPs introduced the first global standard for “due diligence” and enabled companies to put their responsibility to respect human rights into practice. Subsequently, other international organisations developed due diligence standards based on the UNGPs. The 2011 OECD Guidelines for Multinational Enterprises refer extensively to due diligence and the OECD has developed guidance to help enterprises carry out due diligence in specific sectors and supply chains. In 2018, the OECD adopted general Due Diligence Guidance for Responsible Business Conduct. Similarly, the International Labour Organisation (ILO) adopted in 2017 the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy, which encourages enterprises to put in place due diligence mechanisms to identify, prevent, mitigate and account for the manner in which they address their business’s actual and potential adverse impacts as regards internationally recognized human rights. The 2012 United Nations Global Compact, Save the Children and UNICEF Children’s Rights and Business Principles identify key children’s rights considerations relating to adverse business impact and UNICEF has developed a series of guidance documents supporting business due diligence and children. The 2013 UN Committee on the Rights of the Child General Comment No. 16 identifies a comprehensive range of State obligations regarding the impact of the business sector on children’s rights, including States requiring businesses to undertake child-rights due diligence.
Amendment 256 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 14
Annex I – part 1 – paragraph 9 – point 14
14. A degree of proportionality is built into the due diligence process, as this process is contingent on the risks a company is exposed to, the sector of activity, the size of an undertaking, the context of its operations, its business model, its position in the value chain and the nature of its products and services. This would imply that many small and medium-size undertakings and micro- enterprises may need less extensive and formalised due diligence processes. An undertaking that, after carrying out a risk assessment, concludes that it does not identify any risks in its business relationships, would only need to fill in and communicate a statement, together with its risk assessment, which should in any case be reviewed in case of changes to the undertakings’ operations, business relationship or operating context. Micro- enterprises in most sectors tend to encounter low risks in their business relationships and, consequently, it is considered appropriate to allow Member States to decide whether micro-enterprises should be exempted from the application of the requirements in this Directive.
Amendment 293 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 21 a (new)
Annex I – part 1 – paragraph 9 – point 21 a (new)
21a. Business impacts on the full spectrum of rights defined in the UN Convention Rights of the Child and other relevant international standards. Childhood is a unique period of physical, mental, emotional and spiritual development and violations of children’s rights, such as exposure to violence or abuse, child labour, inappropriate marketing, or unsafe products or environmental hazards, may have lifelong, irreversible and even transgenerational consequences. Mechanisms for corporate due diligence and corporate accountability designed without visibility given to children’s considerations risk being ineffective in protecting their rights.
Amendment 303 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 22
Annex I – part 1 – paragraph 9 – point 22
22. Adverse impacts or violations of human rights and social and, environmental and climate standards by undertakings can be the result of their own activities or of those of their business relationships, in particular suppliers, sub-contractors and investee undertakings. In order to be effective, undertakings’ due diligence should encompass the entire value chain.
Amendment 322 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 25
Annex I – part 1 – paragraph 9 – point 25
25. Undertakings should first try to address and solve a potential or actual risk in consultation with stakeholders. Should this attempt be unsuccessful, and the company’s responsible disengagement becomes an opt decision to disengage from a supplier or other business relationship could be a last resort. Any decision, the companyo disengage should also consider the potential adverse impacts of that decision and take appropriate measures to address them.
Amendment 334 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 27
Annex I – part 1 – paragraph 9 – point 27
27. The concept of stakeholder should be broadly interpreted and include all persons whose rights and interests may be affected by the decisions of the company, which includes, but is not limited to, workers, local communities, children, indigenous peoples, citizens’ associations and shareholders, and organisations whose statutory purpose is to ensure that human and social rights, environmental and good governance standards are respected, such as trade unions and civil society organisations.
Amendment 335 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 27
Annex I – part 1 – paragraph 9 – point 27
27. The concept of stakeholder should be broadly interpreted and include all persons whose rights and interests may be affected by the decisions of the company, which includes, but is not limited to, workers, local communities, indigenous peoples, citizens’ associations and shareholders, and organisations whose statutory purpose is to ensure that human and social rights, climate, environmental and good governance standards are respected, such as trade unions and civil society organisations.
Amendment 339 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 29
Annex I – part 1 – paragraph 9 – point 29
29. Complaint procedures should ensure that the anonymity, safety, and physical and legal integrity of whistle-blowers is protectedall complainants is protected. In particular, those procedures need to protect whistle- blowers, in line with Directive (EU) 2019/1937 of the European Parliament and of the Council and human right defenders.
Amendment 350 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 30 a (new)
Annex I – part 1 – paragraph 9 – point 30 a (new)
30a. The development of innovative information technologies (e.g. blockchain), which allow all data to be traced, should be encouraged in order to minimise administrative costs and avoid redundancies for undertakings performing due diligence.
Amendment 356 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 31 a (new)
Annex I – part 1 – paragraph 9 – point 31 a (new)
Amendment 358 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 32
Annex I – part 1 – paragraph 9 – point 32
32. Coordination of undertakings’ due diligence efforts atnd voluntary collaborative actions at sectoral or cross- sectoral level could enhance the consistency and effectiveness of their due diligence strategies. To this end, this Directive provides that Member States could encourage the adoption of due diligence action plans at sectoral level. To avoid stakeholders’ views being ignored, the Directive requires that stakeholders participate in the definition of these plans.
Amendment 365 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 33
Annex I – part 1 – paragraph 9 – point 33
33. In order to be effective, a due diligence framework should include grievance mechanisms at company or sector level and in order to ensure that such mechanisms are effective the participation of stakeholders should be ensured. . Those mechanisms should allow stakeholders to raise concerns and should function as early-warning risk-awareness systems. Grievance mechanisms should be entitled to make suggestions as to how risks should be addressed by the undertaking. They should also be entitled to propose an appropriate remedy when it is brought to their attention that the undertaking has caused or contributed to harm. They should include a commitment to cooperate in good faith with relevant non-judicial grievance mechanisms such as National Contact Points for Responsible Business Conduct.
Amendment 383 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 38 a (new)
Annex I – part 1 – paragraph 9 – point 38 a (new)
38a. When presenting legislation for overarching and mandatory due diligence, the Commission should ensure that fragmentation due to different civil liability regimes in the Member States is avoided.
Amendment 398 #
2020/2129(INL)
Motion for a resolution
Article 1 – point 1 – introductory part
Article 1 – point 1 – introductory part
1. This Directive is aimed at ensuring that undertakings operating in the internal market fulfil their duty to respect human rights, the environment and good governance and do not cause or contribute to risks to human rights, including trade union and workers’ rights, the environment and good governance in their activities and those of theirprevent and mitigate adverse impacts directly linked to their operations, products or services by a business relationships.
Amendment 416 #
2020/2129(INL)
Motion for a resolution
Article 1 – point 2
Article 1 – point 2
2. This Directive further aims to ensure that undertakings can be held accountable for their adverse human rights, environmental and governance impacts throughout their value chainat hey cause or contribute to throughout their value chain and aims to ensure victims’ access to remedy for harm.
Amendment 420 #
2020/2129(INL)
Motion for a resolution
Article 1 – point 3 – introductory part
Article 1 – point 3 – introductory part
3. This Directive shall apply without prejudice to further due diligence requirements established in Union sector- specific legislation, in particular Regulation (EU) No 995/20108 and Regulation (EU) 2017/8219 and other future sector-specific legislation that may be developed. _________________ 8Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market Text with EEA relevance (OJ L 295, 12.11.2010, p. 23). 9 Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1).
Amendment 428 #
2020/2129(INL)
Motion for a resolution
Article 1 – point 5
Article 1 – point 5
5. The implementation of this Directive shall in no way constitute grounds for justifying a reduction in the general level of protection of human rights or the environment. In particular, it shall be applied without prejudice to other existing subcontracting, posting or chain liability frameworks established at national, European and international level..
Amendment 457 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
- 'due diligence' means the process put in place by an undertaking aimed at identifying, ceasing, preventing, mitigating, monitoring, disclosing, accounting for, addressing, and remediating the risks posed to human rights, including social, trade union and labour rights, the environment, including through climate change, and to governance, both by its own operations and by those of its business relationships.
Amendment 467 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
- ‘stakeholders’ means individuals and groups of individuals whose rights or interests may be affected by the human rights, environmental and good governance risks posed by an undertaking or its business relationships, as well as organisations whose statutory purpose is the defence of human rights, including social and labour rights, the environment and good governance, and includes but is not limited to workers and their representatives, local communities, children, indigenous peoples, citizens’ associations, trade unions, civil society organisations and the undertakings’ shareholders.
Amendment 495 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 8
Article 3 – paragraph 1 – indent 8
- ‘human rights risk’ means any potential or actual adverse impact that may impair the full enjoyment of human rights by individuals or groups of individuals in relation to internationally recognized human rights, understood, at a minimum, as those expressed in the International Bill of Human Rights, the United Nations human rights instruments on the rights of persons belonging to particularly vulnerable groups or communities, and the principles concerning fundamental rights set out in the ILO Declaration on Fundamental Principles and Rights at Work, as well as those recognised in the ILO Convention on freedom of association and the effective recognition of the right to collective bargaining, the ILO Convention on the elimination of all forms of forced or compulsory labour, the ILO Convention on the effective abolition of child labour, and the ILO Convention on the elimination of discrimination in respect of employment and occupation. They further include, but are not restricted to, adverse impacts in relation to other rights recognised in the Tripartite of principles concerning multinational enterprises and social policy (MNE declaration) and a number of ILO Conventions, such as freedom of association, collective bargaining, minimum age, occupational safety and health, and equal remuneration, and the rights recognised in the Convention on the Rights of the Child, the African Charter of Human and Peoples’ Rights, the American Convention on Human Rights, the European Convention on Human Rights, the European Social Charter, the Charter of Fundamental Rights of the European Union, and national constitutions and laws recognising or implementing human rights.
Amendment 500 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 9
Article 3 – paragraph 1 – indent 9
- ‘environmental risk’ means any potential or actual adverse impact that may impair the right to a healthy environment, whether temporarily or permanently, and of whatever magnitude, duration or frequency. These include, but are not limited to, adverse impacts on the climate, caused by greenhouse gas emissions that lead to a global warming of more than 1,5°C above pre-industrial levels, adverse impacts on the sustainable use of natural resources, and biodiversity and ecosystems. These risks include climate change, air and all its consequences, air, soil and water pollution, deforestation, loss in biodiversity, and greenhouse emissions. .
Amendment 511 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 10 a (new)
Article 3 – paragraph 1 – indent 10 a (new)
- ‘control’ means the possibility of exercising decisive influence on an undertaking, in particular by ownership or the right to use all or part of the assets of an undertaking, or by rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking.
Amendment 529 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 3
Article 4 – point 3
3. If an undertaking concludes that it doeis not cause or contribute todirectly linked to any risks, it shall publish a statement into that senseeffect, including its risk assessment containing the relevant data and information that led to its conclusion, which shall be reviewed in the event that new risks emerge or in the event of the undertaking entering into new business relationships that can pose risks.
Amendment 531 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 4 – introductory part
Article 4 – point 4 – introductory part
4. If an undertaking identifies risks, it shall establish and ensure the implementation of an effective due diligence strategy. The due diligence strategy shall:
Amendment 545 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 4 – point iv
Article 4 – point 4 – point iv
(iv) set up a prioritisation policy in line with article 17 of the UN Guiding Principles on Business and Human Rights for cases in which the undertaking is not in a position to deal with all the risks at the same time. Undertakings shall consider the level of severity and urgency of the different risks present, the scope of the risks, their scale and how irremediable they might be, and if necessary, use the prioritisation policy in dealing with these;
Amendment 583 #
2020/2129(INL)
Motion for a resolution
Article 5 – point 5
Article 5 – point 5
5. Workers or their representatives shall be informed and consulted on the due diligence strategy of their undertaking in accordance with Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community, Directive 2009/38/EC on the establishment of a European Works Council and, Council Directive 2001/86/EC supplementing the Statute for a European undertaking with regard to the involvement of employees, the right to bargain collectively recognised in particular by ILO Conventions 87, 98 and 154, the Council of Europe European Convention of Human Rights and European Social Charter, and the decisions of the ILO Committee on Freedom of Association, the Committee of Experts on Application of Conventions and Recommendations (CEACR) and the Council of Europe European Committee of Social Rights (ECSR).
Amendment 608 #
2020/2129(INL)
Motion for a resolution
Article 6 – point 3
Article 6 – point 3
3. Member States shall establish a centralised platform and ensure that undertakings upload on that platform their due diligence strategies or the statement, including its risk assessment referred to in Article 4(3).
Amendment 615 #
2020/2129(INL)
Motion for a resolution
Article 7 – paragraph 1
Article 7 – paragraph 1
This Directive is without prejudice to the obligations imposed on certain undertakings by Directive 2013/34/EU to include in their management report a non- financial statement including a description of the policies pursued by the undertaking in relation to, as a minimum, climate, environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, and the due diligence processes implemented.
Amendment 639 #
2020/2129(INL)
Motion for a resolution
Article 9 – point 2
Article 9 – point 2
2. Grievance mechanisms shall be legitimate, accessible, predictable, safe, equitable, transparent, rights-compatible and adaptable as set out in the effectiveness criteria for non-judicial grievance mechanisms in Principle 31 of the United Nations Guiding Principles on Business and Human Rights and the United Nations CRC General Comment No 16. They shall provide for anonymous complaints.
Amendment 655 #
2020/2129(INL)
Motion for a resolution
Article 9 – point 6 a (new)
Article 9 – point 6 a (new)
6a. Companies should cooperate in good faith with effective non-judicial grievance mechanisms, such as National Contact Points for Responsible Business Conduct, particularly when no remedy could be achieved through Operation Level Grievance Mechanism.
Amendment 661 #
2020/2129(INL)
Motion for a resolution
Article 10 – point 1
Article 10 – point 1
1. Member States shall ensure that when an undertaking identifies, in particular through its grievance mechanism, that it has caused or contributed or is directly linked to harm, it provides for or cooperates with- remediation.
Amendment 667 #
2020/2129(INL)
Motion for a resolution
Article 10 – point 5
Article 10 – point 5
5. Member States shall ensure that proposal of a remedy by an undertaking does not prevent affected stakeholders from bringing civil or criminal proceedings in accordance with national law.
Amendment 684 #
2020/2129(INL)
Motion for a resolution
Article 12 – point 2
Article 12 – point 2
2. Large undertakings shall set up an advisory committee tasked with advising the governing body of the undertakings on due diligence matters and propose measures to cease, monitor, disclose, address, prevent and mitigate risks. Advisory committees shall include trade union and worker representatives, other stakeholders and experts in their composition.
Amendment 702 #
2020/2129(INL)
Motion for a resolution
Article 15 – point 1
Article 15 – point 1
1. Member State competent authorities shall have the power to carry out investigations to ensure that undertakings comply with the obligations set out in this Directive, including undertakings which have stated that they are not directly linked to any risks. Competent authorities shall be authorised to carry out checks on undertakings and interviews with affected or potentially affected stakeholders or their representatives.
Amendment 747 #
2020/2129(INL)
Motion for a resolution
Article 16 – point 3
Article 16 – point 3
3. In preparing the non-binding guidelines referred to in paragraphs 1 and 2 above, due account shall be taken of the United Nations Guiding Principles on Business and Human Rights, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises, the OECD Guidance for Responsible Mineral Supply Chains, the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear sector, the OECD guidance for Responsible Business Conduct for Institutional Investors, and the OECD-FAO Guidance for Responsible Agricultural Supply Chains, the United National Committee on the Rights of the Child General Comment 16 on State obligations regarding the impact of the business sector on children’s rights and the UNICEF Children’s Rights and Business Principles.
Amendment 750 #
2020/2129(INL)
Motion for a resolution
Article 16 – point 3
Article 16 – point 3
3. In preparing the non-binding guidelines referred to in paragraphs 1 and 2 above, due account shall be taken of the United Nations Guiding Principles on Business and Human Rights, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises, the OECD Guidance for Responsible Mineral Supply Chains, the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear sector, the OECD guidance for Responsible Business Conduct for Institutional Investors, the OECD Due Diligence for Responsible Corporate Lending and Securities Underwriting and the OECD-FAO Guidance for Responsible Agricultural Supply Chains.
Amendment 787 #
2020/2129(INL)
Motion for a resolution
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The fact that an undertaking has carried out due diligence in compliance with the requirements set out in this Directive shall not absolve the undertaking of any civil liability which it may incur pursuant to national law. 2. Member States shall ensure that undertakings can be held liable for harm caused by companies under their control where they have, in the course of business, committed violations of internationally recognized human rights or international environmental standards. 3. Undertakings shall not be held liable however if they can prove that they took all due care to avoid the harm, or that the harm would have occurred even if all due care had been taken. 4. Member States shall ensure that their civil liability regimes include reasonable limitation periods.
Amendment 15 #
2020/2027(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas ensuring the liability for environmental damage is key to making European businesses more sustainable over the long term; whereas such an achievement is closely interlinked through the development of related legislation on corporate due diligence, corporate social accountability and sustainable corporate governance;
Amendment 24 #
2020/2027(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. Whereas there is an increasing number of cases where victims of pollution caused by subsidiaries of European companies try to bring environmental liability lawsuits against parent companies before courts in the EU;
Amendment 25 #
2020/2027(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the ELD established ‘a framework of environmental liability based on the ‘polluter pays’ principle, to prevent and remedy environmental damage; whereas the ELD complements main pieces of EU environmental legislation, to which it is directly or indirectly linked, in particular the Habitat Directive9 , the Birds Directive10 , the Water Framework Directive11 , the Marine Strategy Framework Directive12 and the Offshore Safety Directive13 ; _________________ 10Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, OJ L 20, 26.1.2010, p. 7. 11Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000, p. 1. 12Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy, OJ L 164, 25.6.2008, p. 19. 13Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations, OJ L 178, 28.6.2013, p. 66. 9Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7.
Amendment 32 #
2020/2027(INI)
Motion for a resolution
Recital G
Recital G
G. whereas operator insolvency as a consequence of major accidents remains a problem in the EU, thereby resulting in the disregard for the “’polluter pays’ principle;
Amendment 68 #
2020/2027(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the ELD to be revised as soon as possible and to be transformed into a fully harmonised regulation in order to achieve a level playing field for EU industry; emphasises that EU rules for liability of companies for environmental damage are currently not providing a level playing field , thereby distorting the proper functioning of the EU’s internal market;
Amendment 94 #
2020/2027(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. AskCalls the Commission to undertake a study to establish whether extending the scope of the ELD to align it with other pieces of EU legislation, including the ECD, could limit short- and long-term damage to the environment, human health and air qualityextend the scope of the ELD strict liability to non- Annex III activities to cover all environmental damage, as well as to human health, such as air pollution by cars violating EU car emissions legislation so as to improve the effectiveness of the legislation in implementing the ‘polluter pays’ principle; considers that such extension of scope would streamline the ELD with other pieces of EU legislation on protecting human health and environment, including the ECD, and would facilitate adding provisions to the ELD, such as including a requirement to carry out preventive measures and emergency remedial action, either in the directive itself or in national law implementing it; asks the Commission, furthermore, to assess wthether the precautionary principle approach properly presupposes potentially dangerous risks or effects; potential damage that the so-called industry-led ‘innovation principle’ can have on the short and long term, and the danger it poses to the established precautionary principle and its ability to limit liability in environmental damage;
Amendment 95 #
2020/2027(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Notes that the activities listed in Annex III do not sufficiently cover the sectors that could potentially give rise to environmental damage; points out that there are activities with potential negative impacts on biodiversity and the environment, such as the pipeline of transport of hazardous substances outside of industrial establishments covered by Annex III, mining, the introduction of invasive alien species and shale gas operations, that are currently not covered by the requirement for strict liability;
Amendment 115 #
2020/2027(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to assess whether it would be appropriate to introduce parental and chain liability for damage caused to human health and the environment20 ; _________________ 20 of Justice of 10 September 2009, Akzo Nobel NV and Others v CommissUnderlines the need to recognise the parental and chain liability of companies for the actions or omissions of their subsidiaries resulting in damage caused to human health and the environment, and the need for the implementation of a comprehensive monitoring system to provide competent authorities with an effective toolbox to monitor and enforce compliance with environmental and human rights requirements throughout their supply chains, particularly at local level, in line with/and in complement to the principle that EU undertakings have a duty of care and due diligence to prevent environmental harm caused by its subsidiaries active outside of the EU; underlines that such an enforcement system should allow NGOs, affected communities and victims to interact and proactively participate in the monitoring process, notably by submitting evidence and data on alleged violations of the European Communities, C-97/08 B, ECLI:EU:C:2009:536.environmental and human rights requirements; See, for instance, Judgment of the Court
Amendment 119 #
2020/2027(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. considers that a new legislation is urgently needed in order to establish clear, robust and enforceable cross- sectoral requirements on business enterprises to respect human rights, good governance and the environment and to carry out due diligence; stresses that such legislation should follow a cross- commodity approach, apply to all economic sectors in the supply chain, including the financial sector, both upstream and downstream, be accompanied by a robust reporting, disclosure and enforcement mechanism, including effective, proportionate and dissuasive sanctions for non-compliance;
Amendment 136 #
2020/2027(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recalls that the Union should not merely promote a high level of environmental protection on its own territory, but should also take all possible action to prevent environmental damage anywhere in the world caused by companies based in Member States; recalls that environmental damage is particularly frequent and serious in developing countries due to factors such as less stringent legislative frameworks for environmental protection or the industrial and extractive activity of multinational corporations in those countries; Also calls on the Commission to study, in light of the transboundary harm principle, the possible legal avenues to ensure that EU transnational corporations be held liable for their environmentally harmful activities conducted in third States, even when those activities are not linked to products or services marketed in the EU territory; calls on the EU and its Member States, in any event, to provide for access to justice by allowing victims to take the parent company to Court in the EU, notably in a context where many host state legal systems are inadequate; Calls for the extension of criminal and civil liability for companies that have a clear link to an EU Member State and that have caused or contributed or are linked to environmental harm in third countries wherever they failed to act with due diligence and took all reasonable measures to prevent the damage;
Amendment 137 #
2020/2027(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reiterates that according to the ELD, persons adversely affected by environmental damage should be entitled to ask the competent authorities to take action; believes in this regard that a compensatory collective redress mechanism should be available to any individual or organisation that has suffered due to environmental damage or impairment of right within the scope of the ELD;
Amendment 138 #
2020/2027(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Welcomes the Commission legislative proposal amending the Aarhus Regulation1367/2006 (COM(2020) 642 final) to allow for better public scrutiny of EU acts affecting the environment; taking into account that the European law stipulates that European citizens should be guaranteed effective and timely access to justice(Article 9(3) of the Aarhus Regulation, Article 6 TEU and relevant provisions of the European Convention for the Protection of Human Rights) and that the costs of the environmental harm should be borne by the polluter (Article 191TFEU), calls on the Council in its capacity as a co-legislator for the effective implementation of the third pillar of the Aarhus Convention to guarantee access to courts for natural persons and NGOs for representative action to directly file a lawsuit against an operator potentially liable for environmental harm;
Amendment 143 #
2020/2027(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that in cases of extremely widespread pollution, not just environmental liability instruments, but a multitude of instruments, including administrative measures, financial penalties and in some cases criminal prosecution, should be applied to remedy the problem; notes that criminal penalties alone are often ineffective as they may lead to large dismissals of environmental cases especially in Member States where there is no criminal liability of the corporate entity; also notes that in many Member States administrative financial penalties are increasingly used; calls therefore on the Commission to facilitate, and on Member States to use, administrative fines as a complementary tool alongside criminal sanctions;
Amendment 150 #
2020/2027(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls for the scope of the ECD to be reviewed to ensure that it covers all relevant environmental legislation taking into account new types and patterns of environmental crime, including illegal logging and timber trade, illegal fishing, human-made fires and carbon credit fraud and all activities that contribute to cover-up environmental crimes;
Amendment 152 #
2020/2027(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Calls for minimum rules under the ECD with regard to the definition of sanctions and on the Commission to issue guidance on what constitutes effective, dissuasive and proportionate sanctions and a uniform application of sanctions in the EU and minimum standards for national authorities on the frequency and quality of checks on operators; the ECD should include requirements for Member States on data collection, publication and reporting, while using synergies with existing reporting obligations for Member States under the EU sectoral legislation listed in the annexes to the Directive;
Amendment 168 #
2020/2027(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18 d. Believes that there is a strong need for a mandatory, harmonised liability framework to be updated at Union level to contribute to the achievement of UN Sustainable Development Goals and the Paris Climate objectives, ensuring a level playing field for all business; In that regard believes that companies should conduct mandatory environment impact assessments that have full respect for human rights, environmental obligations and the protection of biodiversity throughout their supply chains and in full respect of existing international standards, including the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, the ILO Tripartite Declaration of Multinational Enterprise and Social Policy, the OECD Due Diligence Guidance for Responsible Business Conduct, the UN Global Compact and the UN Convention against corruption;
Amendment 169 #
2020/2027(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18 e. Stresses the importance of independent auditors to ensure that businesses behave in an environmentally sustainable way; calls on the Commission and the Member States to encourage European companies to regularly conduct independent environmental audits; suggests that Recommendation 2001/331 which provides in detail how environmental inspections should be conducted should be transposed into a binding document or regulation;
Amendment 160 #
2020/2019(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is of the view that the use of targeted advertising must be regulated more strictly in favour of less intrusive forms of advertising that do not require extensiveany tracking of user interaction with content;
Amendment 162 #
2020/2019(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends, therefore, that the Digital Services Act set clear boundaries as regards the terms for accumulation of data for the purpose of targeted advertising, especially when data are tracked on third party websites and a phase-out prohibition on personalised advertisements, starting with minors;
Amendment 175 #
2020/2019(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to assess the possibility of defining fair contractual conditions to facilitate data sharing with the aim of addressing imbalances in market power; suggests, to this end, to explore options to facilitate the interoperability, interconnectivity and portability of data;
Amendment 154 #
2020/2017(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines the specific risks existing in the use of AI automated recognition applications, which are currently developing rapidly; recalls that children are a particularly sensitive public; recommends that the Commission and the Member States ban automated biometric identification, such as facial recognition for educational and cultural purposes, on educational and cultural premises, unless its use is allowed in law;
Amendment 204 #
2020/2017(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Notes the potential negative impact of personalised advertising, in particular micro-targeted and behavioural advertising, and of assessment of individuals, especially minors, without their consent, by interfering in the private life of individuals, asking questions as to the collection and use of the data used to personalise advertising, and offering products or services or setting prices; calls, therefore, on the Commission to introduce strict limitations on targeted advertising based on the collection of personal data, starting by introducing a prohibition on cross-platform behavioural advertising, while not hurting SMEs; recalls that currently the ePrivacy Directive only allows targeted advertising subject to opt-in consent, otherwise making it illegal; calls on the Commission to prohibit the use of discriminatory practices for the provision of services or products;
Amendment 245 #
2020/2017(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes recent initiatives and projects to create more efficient deepfake- detecting tools and transparency requirements; stresses, in that regard, the need to explore and invest in methods for tackling deepfakes as a crucial step in combatting misinformation; Asks the Commission therefore to impose an obligation for all deepfake material or any other realistically made synthetic videos, to state it's not original and a strict limitation when used for electoral purposes;
Amendment 16 #
2020/2014(INL)
Motion for a resolution
Recital B
Recital B
B. whereas any future-orientated liability framework has to strike a balance between efficiently protecting potential victims of harm orensure that affected persons are appropriately protected against damage and that the same time, providing enough leeway to make the development of new technologies, products or services possible; whereas ultimatelyy are able to claim for compensation in all cases where this seems justified, the goal of any liability framework should be to provide legal certainty for all parties, whether it be the producer, the deployemanufacturer, the developer, the programmer, the backend operator, the frontend operator, the affected person or any other third party;
Amendment 21 #
2020/2014(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the legal system of a Member State can exclude liability for certain actors or can make it stricter for certain activities; whereas strict liability means that a party can be liable despite the absence of fault; whereas in many national tort laws, the defendant is held strictly liable if a risk materializes which that defendant has created for the public, such as in the form of cars or hazardous activities, or which he cannot control, like animals; whereas strict liability lies on the person that has control over the risks of the operation or is responsible for them;
Amendment 24 #
2020/2014(INL)
Motion for a resolution
Recital E
Recital E
E. whereas Artificial Intelligence (AI)- systems and other emerging digital technologies, such as the Internet of Things or distributed ledger technologies present significant legal challenges for the existing liability framework and could lead to situations, in which their opacity, couldmplexity, modification through updates or self-learning during operation, limited predictability, and vulnerability to cybersecurity threats make it extremely expensivedifficult or even impossible to identify who was in control of the risk associated with the AI- system or which code or input has ultimately caused the harmful operation;
Amendment 135 #
2020/0104(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The outbreak of the COVID-19 pandemic in early 2020 changed the economic outlook for the years to come in the Union and in the world, calling for an urgent and coordinated response from the Union in order to cope with the enormous economic and social consequences for all Member. The challenges linked to the demographic context, social inclusion and social cohesion have been amplified by COVID-19. The current COVID-19 pandemic as well as the previous economic and financial crisis have shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps Member States to respond more efficiently to shocks and recover more swiftly from them. Moreover, they have shown that cuts in public spending on education, culture and healthcare are counterproductive to a swift recovery and to build resilient economies and societies. The medium and long-term consequences of the COVID-19 crisis will critically depend on how quickly Member States’ economies will recover from the crisis, which in turn depends on the fiscal space Member States have available to take measures to mitigate the social and economic impact of the crisis, and on the resilience of their economies and public services of general interest. Reforms and investments to address structural weaknesses of the economies and public services of general interest and strengthen their resilience will therefore be essential to set the economies and social life back on a sustainable recovery path and avoid further widening of the divergences in the Union.
Amendment 152 #
2020/0104(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The COVID-19 pandemic and the measures taken to mitigate its effects on the economies have had disastrous consequences for the social life in all Member States. Education, cultural activities, tourism and recreation came almost to a standstill. The Union and its Member States should therefore also invest in the recovery and resilience of these sectors and policy areas.
Amendment 153 #
2020/0104(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Considering that the cultural and creative sectors have been hit particularly hard by the fallout from the COVID-19 pandemic due to, amongst other things, the closure of cinemas, theatres and other cultural venues, the sudden stop of ticket sales and low advertisement sales, the Union and its Member States should earmark at least 2% of the Recovery and Resilience Facility for the support of these sectors, which are of utmost importance for the economies, social cohesion, tourism and recreation.
Amendment 154 #
2020/0104(COD)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) The COVID-19 pandemic has brought to the fore that our educational systems are not as resilient as they should be. The pandemic has probably caused the most severe disruption to the world’s education and training systems in history, with many pupils and students in the Union having no or little access to remote learning due to a lack of digital equipment, infrastructure and competences, but also due to their vulnerable social status. This situation is threatening a loss of learning for an entire generation of pupils and students, likely to decrease future income levels of the affected generation and to negatively impact labour productivity, growth and competitiveness levels for the Union as a whole. The Union and its Member States should therefore allocate 10% of the Recovery and Resilience Facility for investments in quality and inclusive education and training, educational infrastructure, online and offline, skills and competences.
Amendment 161 #
2020/0104(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The implementation of reforms contributing to promote social cohesion and to achieve a high degree of resilience of domestic economies, strengthening adjustment capacity and unlocking growth potential are among the Union’s policy priorities. They are therefore crucial to set the recovery on a sustainable path and support the process of upward economic and social convergence. This is even more necessary in the aftermath of the pandemic crisis to pave the way for a swift recovery.
Amendment 171 #
2020/0104(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Past experiences have shown that investment is often drastically cut during crises. However, it is essential to support investment, public and private, in this particular situation to speed up the recovery, mitigate the effects of the pandemic on social inclusion and cohesion and strengthen long- term growth potential. Investing in green and digital technologies, capacities and processes aimed at assisting clean energy transition, boosting energy efficiency in housing and other key sectors of the economic are important to achieve sustainable growth and help create jobs. It will also help make the Union more resilient and less dependent by diversifying key supply chains. However, it is equally important to invest in education, culture and other public services of general interest in order to promote social inclusion and social cohesion, to prepare the citizens for the future needs of our labour markets, to equip them with the necessary skills and competences and to give them new opportunities.
Amendment 200 #
2020/0104(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Currently, no instrument foresees direct financial support linked to the achievement of results and to implementation of reforms and public investments of the Member States in response to challenges identified in the European Semester, and with a view to having a lasting impact on the productivity and resilience of the economy and public services of the Member States.
Amendment 270 #
2020/0104(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to implement these overall objectives, relevant actions will be identified during the Facility’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. Also, due attention should be paid to the impact of the national plans submitted under this Regulation on fostering not only the green transition, but also the digital transformation, including the promotion of digital education, skills and competences. They will both play a priority role in relaunching and modernising our economy.
Amendment 321 #
2020/0104(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesion. For that purpose, it should contribute to improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050, thereby restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering public services, employment creation and to promoting sustainable growth.
Amendment 344 #
2020/0104(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms and public investment projects through a coherent recovery and resilience plan. The recovery and resilience plan should be consistent with the relevant country- specific challenges and priorities identified in the context of the European Semester, with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds. To boost actions that fall within the priorities of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant for the green and digital transitions. Furthermore, the plan should set out measures in the areas of education and culture, which contribute considerably to economic and social resilience. The measures should enable a swift deliver of targets, objectives and contributions set out in national energy and climate plans and updates thereof. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union.
Amendment 605 #
2020/0104(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The scope of application of the Recovery and Resilience Facility established by this Regulation shall refer to policy areas related to economic, social and territorial cohesion, the green and digital transitions, health, social inclusion, competitiveness, resilience, productivity, culture and creativity, education and skills, research and innovation, smart, sustainable and inclusive growth, jobs and investment, and the stability of the financial systems.
Amendment 861 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent with the relevant country-specific challenges and priorities identified in the context of the European Semester, in particular those relevant for or resulting from the green and digital transition. The recovery and resilience plans shall also take into consideration sectors and policy areas that usually receive little attention in the context of the European Semester, but that suffer considerably from the pandemic, such as education and culture. Therefore, each national recovery and resilience plan shall dedicate at least 2% of the overall budget to the cultural and creative sectors. Furthermore, 10% shall be dedicated for investments in quality and inclusive education. The recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. __________________ 21Regulation (EU)2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. 22 […]
Amendment 7 #
2019/2212(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for a genuine revision of the EU’s and the Member States’ education, training and skills policies to deliver education and lifelong learning, addressing, in particular, the digital skills gap and the need for adaptation to a modern, low-carbon, sustainable economy and the realities of the digitalised economy, and of preparing for the future impact of artificial intelligence on the labour market; stresses that these policies should promote personal and societal development while respecting the goals of the energy transition towards the low- carbon economy and of the European Green Deal;
Amendment 12 #
2019/2212(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that socio-economic disadvantage is frequently a predictor of poor educational outcomes and vice versa; insists that a properly funded, quality education and lifelong learning system can help break this vicious circle and promote social inclusion and equal opportunities; recalls in this respect principles one, three four, and eleven of the European Pillar of Social Rights and the Sustainable Development Goals and recognises the contribution of education and culture to the wellbeing of individuals and societies; supports the plans to make the European Education Area a reality in the foreseeable future with the aim of allowing everyone access to a quality education; calls on the Commission to assist the Member States in reforming and modernising their education systems, including digital learning;
Amendment 17 #
2019/2212(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Asserts that quality early childhood education and care (ECEC) has a positive impact on all children, boys and girls, and even more so on children belonging to less privileged socio-economic backgrounds and to those with special needs, thereby contributing to reducing social inequalities; stresses that ECEC has an impact on children’s development, learning and well- being in the short-term, and creates the building blocks for improving later long- term life outcomes; therefore calls on the Commission to establish a European Child Guarantee with adequate funding and well-designed support services;
Amendment 24 #
2019/2212(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that structural investingment into human capital and national education systems, with a particular focus on young people and people with fewer opportunities, is key to boosting knowledge-intensive, sustainable and inclusive growth, in a context of increasing skills shortages and mismatches in a rapidly changing world of work, particularly in the era of digitalisation; underlines the importance of entrepreneurship education in order to motivate young people to opt to set up in business and believes more needs to be done to attract girls into STEM; underlines also the important contribution vocational education can make towards achieving the objectives of the European Green Deal;
Amendment 30 #
2019/2212(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the opinion that the European Structural and Investment Funds can provide options for better access to information and the active inclusion of young people, especially those living in rural and remote areas or in areas with a shrinking population;
Amendment 32 #
2019/2212(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that in 2018, in the EU, 16.5 % of 20-34-year-olds – one in six young people – were neither in employment nor in education and training (NEETs)1, and that the share of early school leavers was 10.6 %2, and that young people with disadvantaged backgrounds remain at higher risk of being NEETs or in low-skilled, unstable and low-paid employment; recognises that these figures are as low as they were in the first quarter of 2008, and the lowest since this data began to be compiled in the first quarter of 2006; calls, nevertheless, on the Commission and the Member States to step up their efforts to reduce early school leaving and the percentage of NEETs, and to improve educational outcomes, taking into account regional and demographic disparities, as well as to implement comprehensive preventive strategies and to engage early school leavers in education and training; ___supports turning the existing Youth Guarantee into a permanent instrument provided the instrument is properly funded; ____________ 1 https://ec.europa.eu/eurostat/web/products- eurostat-news/-/DDN-20190627-1 2 https://ec.europa.eu/eurostat/documents/32 17494/10164469/KS-EI-19-001-EN- N.pdf/33ab6c0c-a0c6-5294-3948- b1fb9973d096
Amendment 38 #
2019/2212(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Member States to foster cooperation between education and businesses, with a view to fostering low- carbon local and regional economies as well as addressing skills mismatches, including by fostering technical and digital skills, as well as vocational training and dual studies, and to put in place effective and comprehensive methodologies for the recognition and validation of non-formal and informal learning;
Amendment 53 #
2019/2212(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Considers that effective governance and adequate funding for all educational settings, modern quality educational resources and teaching, motivated and competent teachers and lifelong learning are crucial for achieving equity, diversity and excellence in education; stresses, in this context, the need to attract greater numbers of motivated candidates with sound academic or professional backgrounds and pedagogical skills into the teaching profession; stresses this can only be realised by increasing the attractiveness of the teaching profession and of a career in education via, inter alia, adequate salaries and support systems for teachers;
Amendment 54 #
2019/2212(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission and Member States to shift their macroeconomic approach towards encouraging social investment in the public sector; calls on the Commission, in this respect, to use the flexibility clause of the Stability and Growth Pact to allow Member States to increase investment in cultural and youth policies, in education and training and in research, in particular by excluding such investments from the calculation of national budget expenditure.
Amendment 1 #
2019/2098(DEC)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the Rapid case review "Reporting on sustainability: A stocktake of EU Institutions and Agencies' by the European Court of Auditors"
Amendment 7 #
2019/2098(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes with satisfaction that, according to the annual report of the European Court of Auditors’ (the 'Court') on Union agencies for the financial year 2018 (the 'Court’s report'), the Court issued an unqualified audit opinion on the reliability of the accounts of all agencies; notes in addition that the Court issued an unqualified opinion on the legality and regularity of the revenue underlying the accounts for all agencies; observes that the Court issued an unqualified opinion on the legality and regularity of the payments underlying the accounts for all agencies, except for the European Asylum Support Office (EASO); points out with regret that for EASO’s payments for the financial years 2016 and 2017, the Court issued a qualified opinionnotes that for EASO the Court issued a basis for a qualified opinion, in relation to its findings reported for the financial years 2016 and 2017 on the legality and regularity of the payments, but that except for the effects of the financial years 2016 and 2017, the Court is of the opinion that the EASO payments underlying the annual accounts for the year ended 31 December 2018 are legal and regular in all material aspects;
Amendment 28 #
2019/2098(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines that the Authority, when carrying out its activities, needs to pay particular attention ensuring compatibility with Union law, respecting the principle of proportionality and complying with the fundamental principles of the internal market;
Amendment 30 #
2019/2098(DEC)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
Amendment 31 #
2019/2098(DEC)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Notes further that in 2018 within management boards an even gender balance existed for 3 agencies, good balance - for 6 agencies, but unbalanced representation existed for 21 agencies (in one of them only male representation); asks the member states and the relevant organisations which participate in management boards to consider ensuring a better gender balance when nominating their representatives to this bodies;
Amendment 32 #
2019/2098(DEC)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16 d. Observes that only one agency ESMA has reported an even gender balance for both seniormanagement staff and the management board; welcomes this achievement and encourages the other agencies to follow this good example;
Amendment 33 #
2019/2098(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Notes the information provided by the agencies concerning the gender balance among senior management and within Management Boards and the remarks of some agencies that they do not have senior management except the executive director; asks in this regard the agencies in future to present data for all categories of management staff;
Amendment 38 #
2019/2098(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes from the Court’s report that, following its rapid case review in 2017 on how agencies implemented the commitment made to cut 5 % of staff in their establishment plans during 2014- 2018, it concluded that the 5 % reduction had been implemented, albeit with some delays; notes that some agencies have implemented a staff reduction of 10% and that several agencies report about insufficient staff to implement new tasks assigned, as well as about increased workload which creates a risk for the proper implementation of their objectives;
Amendment 45 #
2019/2098(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Notes with concern findings by the Court that in some agencies interim workers have poorer working conditions as workers employed directly by the agency; recalls that according to Directive 2008/104/EC and several national labour laws, interim workers should work under the same working conditions as workers employed directly by the user undertaking; calls on the agencies concerned to analyse the working conditions of its interim workers and ensure that they are in line with Union and national labour law
Amendment 58 #
2019/2098(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Notes with concern that not all agencies and bodies of the Union have published on their respective websites the declarations of interest for members of the management boards, executive leadership and seconded experts; regrets that some agencies still publish declarations of absence of conflict of interest; highlights that it is not up to the board members or executives to declare themselves out of conflict of interest; calls for a unified model of declarations of interest to be implemented by all agencies; stresses the importance of establishing an independent ethics body to assess conflict of interest and revolving doors situations throughout the institutions, agencies and other bodies of the Union; urges the Member States to ensure that all seconded experts publish their respective declarations of interest and CVs on the respective agency websites;
Amendment 59 #
2019/2098(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Reiterates that an insufficiently detailed Conflict of Interests policy may result in a loss of credibility of an agency; upholds that for all starting point for these policies is the submission of regular and sufficiently detailed Declarations of Interests and stresses in this light that moving towards positive declarations of interests instead of declarations of absence of interests would allow for more comprehensive controls; stresses that on top of that Conflict of Interests should have a Conflict of Interests screening mechanism in place, proportionate to the size and function of that agency;
Amendment 61 #
2019/2098(DEC)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Notes that, in spite of whistle- blowing rules being in place in all agencies and other bodies of the Union, there are hardly any cases reported, raising concern of either staff not being aware of existing rules, or a lack of trust in the system; points out the necessity of an independent disclosure, advice and referral body, with sufficient budgetary resources, in order to support and ensure the proper implementation of whistle- blowing rules and procedures;
Amendment 63 #
2019/2098(DEC)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22 c. Considers regrettable that there are still no clear guidelines and a consolidated policy on the revolving doors issue; stresses the fact that this issue is of key importance, particularly in the case of those agencies working with the industries; calls on the Commission to provide stronger rules, better controls and clear guidelines on cooling-off periods for out-going staff and other revolving-doors related measures;
Amendment 64 #
2019/2098(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Underlines the importance of an open, efficient and independent European administration for all European agencies and the whole Union; recalls the problem of revolving door conflict of interest situations and stresses the need for a unified legal framework to address these issues;
Amendment 65 #
2019/2098(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the fact that most agencies, except the Translation Centre for the Bodies of the European Union (CdT) and the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) have guidelines in place for granting public access to documents; however, notes that before the end of this year, CdT foresees to have guidelines in place and eu-LISA is going to develop internal rules on how to handle requests to access public documents and endeavours to adopt them in 2020;
Amendment 71 #
2019/2098(DEC)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Welcomes the Court Rapid case review "Reporting on sustainability: A stocktake of EU Institutions and Agencies"; reiterates its findings that the information collected or published mainly relates to how the running of the organisation affects sustainability (such as their internal use of paper or water) rather than on how they have considered sustainability in their overall strategy and operations; stresses that such internal focused reporting does not capture the most material issues for an organisation; calls on all agencies to take stock of the adverse sustainability impacts produced by its operations, and to structurally include this in their sustainability reporting.
Amendment 18 #
2019/2097(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes with concern that the reported figures for gender balance within the Management Board for 2018 are highly uneven with 40 male members and 6 female members;
Amendment 11 #
2019/2094(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Notes with satisfaction that at the end of 2018 a good gender balance was achieved at staff level (52% female and 48% male), with an even gender balance in middle management positions (50% female and 50%male), and that a good geographical balance has been achieved, with the Office employing representatives of 13 Member States; is concerned, however, that at the Management Board level there is unbalanced participation of men (28members) and women (5 members);
Amendment 6 #
2019/2093(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes the concerns of the Agency about the inadequate additional resources envisaged for the implementation of the “Clean Energy for All Europeans” Package, in terms of staff numbers, timing and grades and that the allocation of staff includes a disproportionately large share of contract agent positions – 14 - compared to the number of temporary agents - only 4, despite the complexity of the new tasks assigned to Agency; takes note of the Agency’s alert that in such a situation, without the assignment of additional resources beyond those currently envisaged, the Agency will not be in a position to properly fulfil its extended mandate;
Amendment 9 #
2019/2093(DEC)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that the gender balance at the Agency’s middle management level (4 men and 1 woman) and the Government Board (12 men and 5women) was not fully respected in 2018;
Amendment 5 #
2019/2092(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that the implementation of MiFID II was the biggest project that ESMA has delivered in2018; notes furthermore that one of the main challenges and objectives for ESMA was the preparation for an orderly process to deal with a possible “no-deal” exit of the UK from the EU, where higher efforts were needed in the context of uncertainty;
Amendment 11 #
2019/2092(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes with satisfaction the reported even gender balance by the Agency with regard to the senior management (1 man and 1 woman) and the Management Board (3 men and 3 women);
Amendment 17 #
2019/2092(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that during 2018, the expected withdrawal of the United Kingdom from the Union had a significant impact on the Authority’s planned work and deliverables, and generated a lot of preparatory work, particularly in the areas of supervisory convergence, prevention of fragmentation and regulatory arbitrage and direct supervision and risk assessment; notes that the Authority analysed in detail what operational impact the expected withdrawal of the United Kingdom from the Union would have on its organisation, and that it has allocated dedicated staff to provide advice on and regularly report on those issues;
Amendment 18 #
2019/2092(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Acknowledges that in the aftermath of the withdrawal of the United Kingdom, sufficient resources and instruments will be needed to protect the adequacy and unity of the financial regulatory framework of the Union; notes that this task would require a degree of hierarchy over National Competent Authorities (NCAs) that is currently lacking, since the Board of Supervisors is NCA-dominated and is dependent on NCAs in taking actions; stresses that the new multi-annual framework and the withdrawal of the United Kingdom offer a chance to reassess the funding and the administrative design of the Agency.
Amendment 20 #
2019/2092(DEC)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Underlines the responsibility of the financial system in meeting sustainability challenges and ensuring that the Union meets its obligations undertaken in the framework of the Paris Agreement under the United Nations Framework Convention on Climate Change; highlights the crucial role of the Authority in integrating environmental, social and governance related factors into the regulatory and supervisory framework and in mobilising and guiding private capital flows towards sustainable investments; therefore stresses the need for sufficient resources to monitor the implementation of that framework by financial institutions and national competent authorities;
Amendment 5 #
2019/2090(DEC)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
Amendment 14 #
2019/2090(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes with concern that an uneven gender balance is reported for 2018 with regard to the senior managers (5 men and 1 woman) and that there is no female member of the Management Board (5 men).
Amendment 17 #
2019/2090(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that the European Parliament in its Resolution of 16 January 2020 expressed its concern about the conflict of interest that has arisen as a consequence of the appointment of the EBA Executive Director as AFME Chief Executive as from 1 February 2020; reiterated that this post-public employment with no cooling-off period constitutes a risk not only to the reputation and independence of the EBA but to all EU institutions and the European project as a whole; stresses therefore that the Commission should work on a harmonised legal framework for the prevention of post-public employment conflicts of interest.
Amendment 23 #
2019/2090(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines the responsibility of the financial system in meeting sustainability challenges and ensuring that the Union meets its obligations undertaken in the framework of the Paris Agreement under the United Nations Framework Convention on Climate Change; highlights the crucial role of the Authority in integrating environmental, social and governance related factors into the regulatory and supervisory framework and in mobilising and guiding private capital flows towards sustainable investments; therefore stresses the need for sufficient resources to monitor the implementation of that framework by financial institutions and national competent authorities;
Amendment 12 #
2019/2089(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes with concern the unbalanced participation of men (7 members) and women (23 members) in the Management Board;
Amendment 12 #
2019/2088(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes the uneven gender balance reported for 2018 among the senior managers – 145 men and 27 women and within the Management Board – 43 men and 10 women;
Amendment 19 #
2019/2088(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Regrets that a recent comparative study by the European Parliaments Petitions Committee1a establishes that Europol's Conflict of Interests policies are the "least detailed compared to those of the other agencies"; acknowledges that this is notably due to the fact that Europol does not have any scientific committees or panels; regrets however that the agency neither uses a system to categorise interest levels nor a blacklist; _________________ 1a https://www.europarl.europa.eu/RegData/ etudes/STUD/2020/621934/IPOL_STU(20 20)621934_EN.pdf
Amendment 8 #
2019/2086(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that the Agency is partly financed from the fees it receives from companies that request the registration of chemicals as required under Regulation (EC) No 1907/200617 ; notes that the applicable fees depend on the size of the companies and the volume of chemicals registered (different thresholds); notes that, according to the Court’s report, since the first registrations in 2009, some 27 % of the companies claimed to be micro, small or medium size; notes with concern, however, that thanks to the Agency’s effective system of ex-post verifications, the Agency has identified that some 52 % of the companies had incorrectly declared their size, resulting in lower fees; stresses that this finding demonstrates the limitations of a system that relies excessively on self-declarations made by applicants; notes that, in order to mitigate this situation, the Agency has, over the years, invoiced fee corrections and administrative charges amounting to EUR 17,9 million and that the Agency has made considerable progress in recovering undue fee reductions and collecting overdue administrative charges; notes, however, that there is still a considerable verification workload ahead and that the remaining amount of necessary fee corrections was unknown at the end of 2018; furthermore, urges the national enforcement authorities to enhance the verification systems used to check and publish the volumes of chemicals declared by the companies; calls on the Agency to report to the discharge authority on its efforts, and on the results achieved, to continue to reduce the considerable verification backlog and to implement the fee corrections and the recovery of unpaid fees; _________________ 17Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 9 #
2019/2086(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that the fees paid by industry vary substantially year by year, and that it is therefore not possible for the Agency to estimate the need for a balancing subsidy from the Union budget at a reasonable margin, which complicates budgetary planning; calls for a dialogue on how to reform the financing mechanism of the Agency, with the aim of putting it on a sustainable basis;
Amendment 13 #
2019/2086(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that the Agency completed the registration phase under Regulation (EC) No 1907/2006 without causing market disruption and that it provided support to companies in the registration of 28 357 dossiers and the preparation of their registration dossiers;
Amendment 18 #
2019/2086(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes with satisfaction that a good gender balance was achieved in 2018 with regard to the senior management positions (4 men and 3 women), notes, however, that balance was not achieved to the same extent, with regard to the Management Board (15 men and 21 women);
Amendment 9 #
2019/2084(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes with concern the uneven gender balance reported for 2018 among the senior managers – 10 men and 2 women and in the Management Board – 44 men and 7 women;
Amendment 6 #
2019/2083(DEC)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Court of Auditors' Special Report No 24/2019: Asylum, relocation and return of migrants: Time to step up action to address disparities between objectives and results,
Amendment 20 #
2019/2083(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes with concern that the Court found in its Special Report No 24/2019 that implementation of the asylum procedures, especially in Greece and Italy, continues to be affected by long processing times, bottlenecks and a lack of judiciary capacity; asks the Agency to seek cooperation with European Asylum Support Office, the Asylum, Migration and Integration Fund, and the Commission in line with the Court's recommendations;
Amendment 26 #
2019/2083(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes with concern that the reported gender balance within the management board for 2018 was highly uneven: 50 male members and 8 female members;
Amendment 6 #
2019/2082(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes with satisfaction that the Agency successfully delivered its mandate through 2018, and in some cases that it exceeded objectives set in its working programme 2018;
Amendment 7 #
2019/2082(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that in 2018, the Agency conducted the pilot EU-Strategic Training Needs Assessment (EU-STNA) and that more than 87% of the Agency’s residential and online training events (residential activities, webinars, online courses) addressed gaps in capability in relation to critical security threats stemming from the European Agenda on Security.
Amendment 15 #
2019/2082(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes with satisfaction that an even gender balance was achieved in 2018 with respect to the senior management positions (3 men and 3 women), but is concerned that at Management Board level there is an imbalance in the participation of men (17 members) and women (9 members);
Amendment 16 #
2019/2081(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes with concern the uneven gender balance reported for 2018 for senior managers (5 men and 1 woman)and for the Management Board (40 men and 15 women);
Amendment 9 #
2019/2080(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes with concern the uneven gender balance reported for 2018 for senior managers (8 men and 2 women)and for the Management Board (25 men and 5 women);
Amendment 5 #
2019/2079(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that in 2018 the Centre implemented 89% of the key outputs indicated in its work programme (above the target of 85%);
Amendment 7 #
2019/2079(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that the Centre has reported a relatively good gender balance for 2018 with regard to senior managers (four men and two women) and its Management Board (12 men and 15 women);
Amendment 7 #
2019/2077(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes with concern that an uneven gender balance is reported for 2018 with regard to the senior managers (4 men and 1 woman) and the Management Board members (26 men and 3 women);
Amendment 10 #
2019/2076(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes with satisfaction that an even gender balanced was achieved for senior managers (2 men and 2 women); is concerned, however, that at the Management Board level there is unbalanced participation of men (44 members) and women (12 members);
Amendment 5 #
2019/2075(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that that further efforts are needed for achieving a good gender balance among senior managers (in 2018: 3 men and 1 woman);notes, however, with satisfaction that an even gender balance is reported for the Management Board (14 men and 14 women);
Amendment 11 #
2019/2074(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 9 #
2019/2073(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes that further efforts are needed for achieving an even gender balance among senior managers (in 2018: 17 men and 11 women) and the management board members (20 men and 13 women);
Amendment 4 #
2019/2072(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes with appreciation that in 2018, the Centre made major steps forward in the use of translation technology and that in close cooperation with its partner directorate general at the Commission, it has successfully implemented machine translation (MT) and Euramis into its production workflow;
Amendment 5 #
2019/2072(DEC)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 9 #
2019/2072(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes with satisfaction that a good gender balance was achieved in 2018 with respect to the senior management positions (3 men and 2 women) and within the Management Board (32 men and 27 women);
Amendment 9 #
2019/2071(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that further efforts are needed for achieving an even gender balance among senior managers (in 2018: 3 men and 1 woman) and the Management Board members (42 men and 35 women);
Amendment 6 #
2019/2070(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that the Agency achieved its 2018 objectives as included in the Agency’s Annual Work Programme and provided European decision-makers and citizens with access to timely and relevant information: the Agency’s website gained 500 000 users (+17%) in 2018 to reach a total of 3,45 million users, registering 10,7 million page views (+15%);
Amendment 8 #
2019/2070(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes the uneven gender balance reported for 2018 with regard to senior managers (seven men and two women), but the achieved good balance within the management Board (15 men and 17 women);
Amendment 11 #
2019/2069(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes the reported good gender balance within the Management Board for 2018 - 15 male members and 14 female members;
Amendment 17 #
2019/2069(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses that a recent study commissioned by the European Parliament Petitions committee1a found that given the fact that the agency uses experts and particularly that the scientific committee takes decisions by itself, there is a potential threat for conflicts of interests; _________________ 1a https://www.europarl.europa.eu/RegData/ etudes/STUD/2020/621934/IPOL_STU(20 20)621934_EN.pdf
Amendment 20 #
2019/2069(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that, according to the Court’s report, pursuant to Directive 2008/104/EC17 and Portuguese labour law, interim workers should work under the same working conditions as workers employed directly by the user undertaking; notes, however, that the contracts did not require the temporary work agencies explicitly to respect those conditions and that there is no evidence that the Centre itself carried out any comparison between the working conditions for its own and interim staff, which undermines safe and predictable working conditions for the staff and causes litigation and reputational risks for the Centre; notes that, according to the Centre’s reply, it is reassessing its policy for the use of temporary workers to further nationalise the latter in line with its operating needs and the legal framework; calls on the Centre to analyse the working conditions of its interim workers and ensure that they are in line with Union and national labour law; _________________ 17Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).
Amendment 14 #
2019/2068(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes with approval the even gender balance among senior managers (3 men and 3 women) and the satisfactory gender balance within the management board (28 men and 25 women);
Amendment 6 #
2019/2067(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 7 #
2019/2067(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes with satisfaction that an even gender balanced was achieved for senior managers (1 man and 1 woman); is concerned, however that at the Management Board level there is an unbalanced gender participation (97 men and 64 women);
Amendment 4 #
2019/2066(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes furthermore that the Centre’s Work Programme 2018 has been fully implemented in line with the set objectives, targets and indications;
Amendment 12 #
2019/2066(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes the Centre’s concern that its new Founding Regulation extends the mandate of the Centre from VET to also include qualifications and skills policies but without accompanying the new duties by additional resources; notes that the Centre has already experienced a 10% staff reduction and this experience has led to an increased workload and pressure for staff in the Centre;
Amendment 14 #
2019/2066(DEC)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Notes with satisfaction that an even gender balance was achieved in 2018 with respect to the members of the Management Board (50% female and 50% male);
Amendment 3 #
2019/2057(DEC)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Recommendation of the European Ombudsman in case 1069/2019/MIG on sponsorship of the Presidency of the Council of the European Union,
Amendment 4 #
2019/2057(DEC)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the Special Report of the European Ombudsman in strategic inquiry OI/2/2017/TE on the transparency of the Council legislative process,
Amendment 5 #
2019/2057(DEC)
Motion for a resolution
Citation 4 c (new)
Citation 4 c (new)
Amendment 13 #
2019/2057(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Expresses its concerns about the alarming information reported by the media regarding the construction of the new building Europa; calls on the Council thoroughly research the main contractor and the whole chain of subcontractors (up to 12 according to the media), as well as the working conditions of the workers employed, and to provide the Parliament's Committee on Budgetary Control with all the findings;
Amendment 18 #
2019/2057(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that related to the proposal for a new Interinstitutional Agreement on a mandatory Transparency Register for interest representatives covering the Parliament, the Council and the Commission two negotiating rounds took place in 2018 under the Bulgarian Presidency and one in 2019 under the Romanian Presidency; calls on the Council to follow-up negotiations to reach a successful outcome which will finally include the Council in the registry; calls on the Council to demonstrate a real commitment to the principles of transparency and accountability by adopting concrete measures, such as publishing the meetings held by the Member States' permanent representatives and their deputies and ministers when dealing with Union atters during their Presidency, building on the example set by the Finnish Presidency;
Amendment 23 #
2019/2057(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. AReiterates its support to the recommendations of the European Ombudsman on the transparency of legislative discussions in the preparatory bodies of the Council1a; asks the Council to strengthen its efforts to make the legislative process more traceable and reader friendly, to centre transparency around milestones in the legislative process and to normalise the publicationidentification and publication in due time of Member States' inputs (statements, proposals for amendments) into legislative debates either at Council meetings, preparatory discussions in the Council’s Committee of Permanent Representatives or in any of the preparatory bodies; acknowledges the Council’s efforts to improve transparency with ongoing changes to its website and the activities of its internal transparency team; encourages the Council to introduce further measures in order to reach a successful transparency policy allowing the public to follow the Union legislative process with greater ease; _________________ 1a European Parliament resolution of 17 January 2019 on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU (Texts adopted, P8_TA(2019)0045).
Amendment 25 #
2019/2057(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks the Council to strengthen its efforts to make the legislative process more traceable and reader friendly, to centre transparency around milestones in the legislative process and to normalise the publication of Member States inputs (statements, proposals for amendments) into legislative debates; acknowledges the Council’s efforts to improve transparency with ongoing changes to its website and the activities of its internal transparency teamcalls, however, on the Council to step up its transparency efforts, inter alia by the publication of Council legislative documents, having formal minute-taking of Council preparatory bodies which records member states positions and publishing of those minutes, and making available more trilogue documents in line with the Ombudsman's recommendations; encourages the Council to introduce further measures in order to reach a successful transparency policy allowing the public to follow the Union legislative process with greater ease;
Amendment 26 #
2019/2057(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Expresses its deep concerns about the information reported by the European media regarding the corporate sponsorship of Member States hosting the Union Presidency and echoes the concerns expressed by Union citizens and Members of Parliament on the matter; acknowledges that the Member States are expected to finance their own Presidencies and regrets that resorting to corporate sponsorship to cover some of their expenses in this regards has become common practice in recent years; is highly concerned about the possible reputational damage and the risk of loss of trust that this practice may afflict to the Union, its institutions and especially to the Council in the eyes of the citizens of the Union; fully supports the Ombudsman's assessment and recommendation1a for the Council to issue guidance to Member States on the issue; moreover, strongly recommends the Council to envisage budgetisation of the Presidencies; requests the Council to forward this concern to the Member States, in particular to the current trio Presidency; _________________ 1aRecommendation of the European Ombudsman in case 1069/2019/MIG on sponsorship of the Presidency of the Council of the European Union
Amendment 19 #
2019/2056(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is of the opinion that the protection of whistleblowers is a key element of democracy; recalls that, among others, accredited parliamentary assistants (APA) may find themselves in a particular situation due to their contract of employment; calls on Secretary-General to take that specificity into account when APAs act as whistleblowers, and to extend the contract protection options granted by Parliament for APAs victim of harassment to APAs who act as whistleblowers; asks the Secretary-General to find a solution for the fact that APA's salaries can exclusively go to Belgian bank accounts which runs counter to the idea of a single monetary and payments union; furthermore highlights the fact that current rules on the termination of contract for APAs do not foresee the possibility of a termination by “mutual consent”, which would be a way to recognise the special political relation between Members and assistants, where both parties can acknowledge the mutual trust is no longer persisting, and benefit from a common solution.
Amendment 24 #
2019/2056(DEC)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Reiterates its call on the Conference of Presidents and the Bureau to consider the possibility for accredited assistants, at certain conditions to be set, to accompany Members in official Parliament Delegations and Missions, as Members have repeatedly requested
Amendment 96 #
2019/2056(DEC)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Recalls that 2018 marked the first full year of operation for the House of European History; notes that the House of European History welcomed 164 158 visitors; welcomes the co-financing agreement with the Commission, ensuring a yearly contribution to the exploitation costs; remains deeply concerned by reports on working conditions in the European House of History under the previous contractor and urgently requests the Secretary-General to inform Parliament's Committee on Budgetary Control on the situation of European House of History employees under the new contractor; also asks the Secretary- General to publish figures on the total costs of the contractor and the amount spent on the wage of the European House of History employees;
Amendment 117 #
2019/2056(DEC)
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
62 a. Deplores the fact that MEPS who are on maternity leave cannot be substituted; is of the opinion that this impossibility is fundamentally at odds with core values of the Union because it sends the signal that a vote on a female candidate may entail temporary non- representation; Is of the opinion that the impossibility to substitute MEPs on parental absence, but also of MEPs on long-term sick leave is an unresolved problem, since they cannot give a proxy to vote either which creates a temporary unbalanced representation of the European citizens; calls on the Council to amend the Art 6 of the Act concerning the election of the members of the European Parliament by direct universal suffrage (European Electoral Act) in order to remedy the situation;
Amendment 146 #
2019/2056(DEC)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Acknowledges that the Bureau instructed the Secretary-General to authorise DG INLO to launch an architectural competition for the refurbishment of the Paul-Henri Spaak building considering only 2 options: renovation or redesign of the building; presses for the building to be prepared for a further evolution of Parliament’s activities in the decades ahead; recalls that an architectural competition was launched in order to have concrete architectural proposals and that a final decision on the project should be taken by the political and budgetary authorities; stresses that such a decision take place following the publication of an assessment of the safety of the building a budgetisation of the plan on which the decision is taken;
Amendment 156 #
2019/2056(DEC)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Expresses strong concern for the working conditions of the cleaningwo of the external concessions contracted by Parliament, namely the cleaning and the restauration staff of the Parliament, and strongly recommends that DG INLO liaise with the cleaning companyorganises an independent survey about the satisfaction with the working conditions of the staff concerned subcontracted by the Parliament, in order to verify that Belgian law is abided by and to ensure that the subcontractor is aligned with Parliament’s policy of respect and dignity at workensure respect and dignity at work; calls for an evaluation of Parliament’s public procurement policy in light of improving transparent and predictable working conditions for all subcontracted services; calls on Parliament to report to the discharge authority on the results of such evaluation;
Amendment 184 #
2019/2056(DEC)
Motion for a resolution
Paragraph 106
Paragraph 106
106. Notes that the voluntary pension scheme has an estimated actuarial deficit of EUR 286,1 million at the end of 2018; further notes that at the end of 2018, the amount of net assets to be taken into account and the actuarial commitment amount to EUR 112,3 million and EUR 398,4 million respectively; considers that whereas national pension funds normally have to meet strict standards and are not allowed to have any actuarial deficit at all, the voluntary pension fund is now facing an deficit of 72% of the actuarial commitment; asks the Secretary-General to urgently consider bold measures to resolve this lingering situation, including cuts and the possibility of liquidation of all assets.
Amendment 192 #
2019/2056(DEC)
Motion for a resolution
Paragraph 116
Paragraph 116
116. Highlights the increasing risks related to data and privacy; points with concern to recent reporting on storing and processing user's data when logging in to Parliament's wi-fi; strongly questions the need to retain data for up to six months1a; calls on Parliament to develop an information security policy and strategy; stresses that close cooperation between DG ITEC and DG SAFE is of utmost importance; encourages the directorate-general’s to plan common activities over the medium and long term; _________________ 1a https://euobserver.com/institutional/14627 0
Amendment 17 #
2019/2055(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reaffirms its support for the Commission's multimedia activities, which contribute to independent reporting on EU affairs in the media and to the promotion of a European public sphere; is alarmed, however, by the conclusions of the rapid case review conducted by the European Court of Auditors on Euronews, which highlight the lack of transparency and accountability in the arrangements for the provision by the Commission of financial support to Euronews and the insufficiently robust nature of the monitoring and evaluation mechanisms; urges the Commission, furthermore, to increase transparency in respect of the budget for multimedia activities and to improve accountability for expenditure, in particular by creating separate budget lines for the various activities and by carrying out a comprehensive audit of fund use;
Amendment 4 #
2018/2208(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the decision of the Office’s Management Board of 6 June 2018 to release the Executive Director from his duties with immediate effect; emphasises, however, that the budget for the 2017 financial year was implemented under the supervision of the Office’s previous management; highlights that this report concerns the discharge procedure for the 2017 financial year; welcomes the designation of an ad interim Executive Director on 6 June 2018 and the appointment of a new Executive Director on 16 June 2019; recognises the commitment of the new Executive Director to deliver significant reforms ensuring solid governance; appreciates the positive message and intention for future close cooperation expressed by the new Executive Director in the public hearing of 4 September 2019 ;
Amendment 7 #
2018/2208(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the follow-up report by the Office on the observations of Parliament for the 2017 financial year, in particular corrective measures taken by the Office’s Management Board, the ad interim Executive Director and the new Executive Director in order to improve the governance structure of the Office, restore transparency and build trust; supports the 2019 EASO Governance Action Plan; urges the Office to regularly and publicly report to the discharge authority on the implementation of that Action Plan;
Amendment 9 #
2018/2208(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the efforts and appreciates the progress made on the implementation of internal control systems, including controls on procurement and expenditure operations; supports the decision to reduce and rapidly end outsourcing legal counselling by the establishment of an internal legal service; supports the Court’s observations on the need for further corrective actions;
Amendment 12 #
2018/2208(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the ambitious recruitment plan put in place and its positive impact on the filling of vacant managerial and other positions; urges the Office to quickly finalise the recruitmentsnotes with satisfaction the implementation of new measures aimed at preventing harassment, increasing staff well-being and reducing turnover; urges the Office to quickly finalise the recruitments in full compliance with the relevant legal procedures and to provide a regular follow up on the results achieved;
Amendment 15 #
2018/2208(DEC)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Notes with satisfaction that most members of the Management Board have published their declarations of interest and curricula vitae on the Office website; welcomes the commitment of the new leadership to raise awareness, prevent, identify and address any potential situations of conflict of interest; calls on the office to develop and implement in this sense a comprehensive strategy outlining it in their next Governance Action Plan and to report to the discharge authority on the results achieved;
Amendment 16 #
2018/2208(DEC)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Notes with appreciation the measures intended by the new Office leadership to encourage and protect whistle-blowers; recalls that a safe environment for whistle-blowers is a key element for preventing, exposing and addressing irregular and unlawful practices; expects a rapid adoption of internal rules and guidelines concerning whistle-blowing and revolving doors and calls on the Office to further report on the results achieved;
Amendment 20 #
2018/2168(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Expresses its concerns about the information reported by the European media regarding the corporate sponsorship of Member States hosting the Union Presidency and echoes the concerns expressed by European citizens and Members of the Parliament; acknowledges that the Member States are expected to finance their own Presidencies and that resorting to corporate sponsorship to cover some of its expenses has become common practice in recent years; is highly concerned about the possible reputational damage and the risk of loss of trust that this practice may incur on the Union, its institutions and especially to Council in the eyes of the European citizenship; suggests that Council adopt guidelines in order to promote the financial transparency and independency of the Presidencies; strongly recommends Council to envisage budgetisation of the Presidencies; will closely monitor the conclusions of the enquiry of the European Ombudsman related to this matter; requests Council to forward this concern to the Member States, in particular to the current trio Presidency;