BETA

Activities of Pascal CANFIN

Plenary speeches (40)

Presentation of the programme of activities of the Finnish Presidency of the Council (debate)
2019/07/17
Greening the European Investment Bank (debate)
2019/10/09
General budget of the European Union for 2020 - all sections (debate)
2019/10/22
Dossiers: 2019/2028(BUD)
Climate and environmental emergency - 2019 UN Climate Change Conference (COP25) (debate)
2019/11/25
Dossiers: 2019/2712(RSP)
The European Green Deal (debate)
2019/12/11
Sustainable investment plan, just transition fund and Roadmap on Social Europe (debate)
2020/01/14
Sustainable investment plan, just transition fund and Roadmap on Social Europe (debate)
2020/01/14
COP15 to the Convention on Biological Diversity (Kunming 2020) (debate)
2020/01/15
Dossiers: 2019/2824(RSP)
Coronavirus outbreak, state of play and ensuring a coordinated European response to the health, economic and social impact (debate)
2020/03/10
European Climate Law (debate)
2020/10/06
Dossiers: 2020/0036(COD)
Common agricultural policy - support for strategic plans to be drawn up by Member States and financed by the EAGF and by the EAFRD - Common agricultural policy: financing, management and monitoring - Common agricultural policy – amendment of the CMO and other Regulations (debate)
2020/10/20
Dossiers: 2018/0218(COD)
Deforestation (debate)
2020/10/21
Dossiers: 2020/2006(INL)
Transparency of the Purchase as well as the Access to COVID-19 vaccinations (debate)
2020/11/12
EU global strategy on COVID-19 vaccinations (debate)
2021/01/19
Establishing the Recovery and Resilience Facility (debate)
2021/02/09
Dossiers: 2020/0104(COD)
The state of play of the EU’s COVID-19 Vaccination Strategy (debate)
2021/02/10
A WTO-compatible EU carbon border adjustment mechanism (debate)
2021/03/08
Dossiers: 2020/2043(INI)
European Semester: annual sustainable growth strategy 2021 – European Semester: employment and social aspects in the annual sustainable growth strategy 2021 (debate)
2021/03/10
Dossiers: 2020/2244(INI)
EU Biodiversity Strategy for 2030: Bringing nature back into our lives (debate)
2021/06/07
Dossiers: 2020/2273(INI)
European Climate Law (debate)
2021/06/24
Dossiers: 2020/0036(COD)
Presentation of the Fit for 55 package after the publication of the IPCC report (debate)
2021/09/14
European solutions to the rise of energy prices for businesses and consumers: the role of energy efficiency and renewable energy and the need to tackle energy poverty (debate)
2021/10/06
Climate, Energy and Environmental State aid guidelines (“CEEAG”) (debate)
2021/10/19
Outcome of the COP26 in Glasgow (debate)
2021/11/24
Revision of the EU Emissions Trading System - Social Climate Fund - Carbon border adjustment mechanism - Revision of the EU Emissions Trading System for aviation - Notification under the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (joint debate – Fit for 55 (part 1))
2022/06/07
Dossiers: 2021/0204(COD)
Revision of the EU Emissions Trading System - Social Climate Fund - Carbon border adjustment mechanism - Revision of the EU Emissions Trading System for aviation - Notification under the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (joint debate – Fit for 55 (part 1))
2022/06/07
Dossiers: 2021/0204(COD)
Binding annual greenhouse gas emission reductions by Member States (Effort Sharing Regulation) - Land use, land use change and forestry (LULUCF) - CO2 emission standards for cars and vans (joint debate – Fit for 55 (part 2))
2022/06/07
Dossiers: 2021/0197(COD)
Carbon border adjustment mechanism (A9-0160/2022 - Mohammed Chahim) (vote)
2022/06/08
Dossiers: 2021/0214(COD)
Revision of the EU Emissions Trading System for aviation (A9-0155/2022 - Sunčana Glavak) (vote)
2022/06/08
Dossiers: 2021/0207(COD)
Voting time
2022/06/22
Deforestation Regulation (debate)
2022/09/12
Dossiers: 2021/0366(COD)
Consequences of drought, fire, and other extreme weather phenomena: increasing EU's efforts to fight climate change (debate)
2022/09/13
Deforestation Regulation (debate)
2023/04/17
Dossiers: 2021/0366(COD)
Methane emissions reduction in the energy sector (debate)
2023/05/08
Dossiers: 2021/0423(COD)
The role of farmers as enablers of the green transition and a resilient agricultural sector (continuation of debate)
2023/05/10
Nature restoration (debate)
2023/07/11
Dossiers: 2022/0195(COD)
Ambient air quality and cleaner air for Europe (debate)
2023/09/12
Dossiers: 2022/0347(COD)
The proposed extension of glyphosate in the EU (debate)
2023/10/04
European environmental economic accounts: new modules (A9-0296/2023 - Pascal Canfin) (vote)
2023/11/09
Dossiers: 2022/0210(COD)
Strengthening the CO2 emission performance targets for new heavy-duty vehicles (debate)
2023/11/21
Dossiers: 2023/0042(COD)

Reports (6)

RECOMMENDATION on the draft Council decision on the conclusion of the amendments to the Agreement for co-operation in dealing with pollution of the North Sea by oil and other harmful substances (Bonn Agreement) with regard to the extension of the scope of application of that Agreement and on the accession of the Kingdom of Spain to that Agreement
2020/12/17
Committee: ENVI
Dossiers: 2020/0205(NLE)
Documents: PDF(172 KB) DOC(54 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/625 as regards official controls on animals and products of animal origin exported from third countries to the Union to ensure compliance with the prohibition of certain uses of antimicrobials
2021/06/16
Committee: ENVI
Dossiers: 2021/0055(COD)
Documents: PDF(220 KB) DOC(86 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland
2023/04/28
Committee: AGRIENVI
Dossiers: 2023/0062(COD)
Documents: PDF(177 KB) DOC(56 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}, {'name': 'Martin HLAVÁČEK', 'mepid': 197526}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on specific rules relating to medicinal products for human use intended to be placed on the market of Northern Ireland
2023/04/28
Committee: ENVI
Dossiers: 2023/0064(COD)
Documents: PDF(228 KB) DOC(63 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on methane emissions reduction in the energy sector and amending Regulation (EU) 2019/942
2023/04/28
Committee: ENVIITRE
Dossiers: 2021/0423(COD)
Documents: PDF(425 KB) DOC(198 KB)
Authors: [{'name': 'Jutta PAULUS', 'mepid': 197466}, {'name': 'Pascal CANFIN', 'mepid': 96711}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 691/2011 as regards introducing new environmental economic accounts modules
2023/10/17
Committee: ENVI
Dossiers: 2022/0210(COD)
Documents: PDF(231 KB) DOC(94 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]

Shadow reports (4)

REPORT towards a WTO-compatible EU carbon border adjustment mechanism
2021/02/15
Committee: ENVI
Dossiers: 2020/2043(INI)
Documents: PDF(287 KB) DOC(115 KB)
Authors: [{'name': 'Yannick JADOT', 'mepid': 96740}]
REPORT on sustainable carbon cycles
2023/03/21
Committee: ENVI
Dossiers: 2022/2053(INI)
Documents: PDF(283 KB) DOC(114 KB)
Authors: [{'name': 'Alexander BERNHUBER', 'mepid': 197648}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2019/1242 as regards strengthening the CO₂ emission performance standards for new heavy-duty vehicles and integrating reporting obligations, and repealing Regulation (EU) 2018/956
2023/10/30
Committee: ENVI
Dossiers: 2023/0042(COD)
Documents: PDF(576 KB) DOC(255 KB)
Authors: [{'name': 'Bas EICKHOUT', 'mepid': 96725}]
REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Directives 2001/110/EC relating to honey, 2001/112/EC relating to fruit juices and certain similar products intended for human consumption, 2001/113/EC relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption, and 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption
2023/12/04
Committee: ENVI
Dossiers: 2023/0105(COD)
Documents: PDF(359 KB) DOC(162 KB)
Authors: [{'name': 'Alexander BERNHUBER', 'mepid': 197648}]

Opinions (45)

OPINION on the draft general budget of the European Union for the financial year 2020
2019/09/05
Committee: ENVI
Dossiers: 2019/2028(BUD)
Documents: PDF(132 KB) DOC(72 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2018
2020/01/22
Committee: ENVI
Dossiers: 2019/2078(DEC)
Documents: PDF(136 KB) DOC(69 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2018
2020/01/22
Committee: ENVI
Dossiers: 2019/2070(DEC)
Documents: PDF(130 KB) DOC(73 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2018
2020/01/22
Committee: ENVI
Dossiers: 2019/2073(DEC)
Documents: PDF(155 KB) DOC(75 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2018
2020/01/22
Committee: ENVI
Dossiers: 2019/2079(DEC)
Documents: PDF(129 KB) DOC(76 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2018
2020/01/22
Committee: ENVI
Dossiers: 2019/2086(DEC)
Documents: PDF(138 KB) DOC(71 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2018, Section III – Commission and executive agencies
2020/01/22
Committee: ENVI
Dossiers: 2019/2055(DEC)
Documents: PDF(157 KB) DOC(77 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the European Semester for economic policy coordination: Annual Growth Survey 2020
2020/02/17
Committee: ENVI
Dossiers: 2019/2211(INI)
Documents: PDF(125 KB) DOC(48 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
Opinion on Guidelines for the 2021 budget - Section III
2020/04/20
Committee: ENVI
Dossiers: 2019/2213(BUD)
Documents: PDF(151 KB) DOC(62 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on towards a sustainable single market for business and consumers
2020/07/16
Committee: ENVI
Dossiers: 2020/2021(INI)
Documents: PDF(146 KB) DOC(73 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2015/1017 as regards creation of a Solvency Support Instrument
2020/09/03
Committee: ENVI
Dossiers: 2020/0106(COD)
Documents: PDF(201 KB) DOC(162 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the draft general budget of the European Union for the financial year 2021 - all sections
2020/09/11
Committee: ENVI
Dossiers: 2020/1998(BUD)
Documents: PDF(142 KB) DOC(71 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on the public sector loan facility under the Just Transition Mechanism
2020/10/05
Committee: ENVI
Dossiers: 2020/0100(COD)
Documents: PDF(228 KB) DOC(168 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the InvestEU Programme
2020/10/05
Committee: ENVI
Dossiers: 2020/0108(COD)
Documents: PDF(224 KB) DOC(170 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on establishing a Recovery and Resilience Facility
2020/10/14
Committee: ENVI
Dossiers: 2020/0104(COD)
Documents: PDF(274 KB) DOC(173 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on sustainable corporate governance
2020/10/29
Committee: ENVI
Dossiers: 2020/2137(INI)
Documents: PDF(129 KB) DOC(49 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009, and amending Council Regulations (EC) No 768/2005, (EC) No 1967/2006, (EC) No 1005/2008, and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries control
2020/11/03
Committee: ENVI
Dossiers: 2018/0193(COD)
Documents: PDF(331 KB) DOC(222 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the effects of climate change on human rights and the role of the environmental defenders on this matter
2020/12/17
Committee: ENVI
Dossiers: 2020/2134(INI)
Documents: PDF(157 KB) DOC(77 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on liability of companies for environmental damage
2021/01/29
Committee: ENVI
Dossiers: 2020/2027(INI)
Documents: PDF(146 KB) DOC(78 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2019
2021/02/01
Committee: ENVI
Dossiers: 2020/2163(DEC)
Documents: PDF(134 KB) DOC(69 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019, Section III – Commission and executive agencies
2021/02/01
Committee: ENVI
Dossiers: 2020/2140(DEC)
Documents: PDF(153 KB) DOC(71 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Environment Agency (EEA) for the financial year 2019
2021/02/01
Committee: ENVI
Dossiers: 2020/2154(DEC)
Documents: PDF(133 KB) DOC(68 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2019
2021/02/01
Committee: ENVI
Dossiers: 2020/2162(DEC)
Documents: PDF(135 KB) DOC(72 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2019
2021/02/01
Committee: ENVI
Dossiers: 2020/2170(DEC)
Documents: PDF(142 KB) DOC(74 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2019
2021/02/01
Committee: ENVI
Dossiers: 2020/2157(DEC)
Documents: PDF(134 KB) DOC(73 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the European Semester for economic policy coordination: Annual Sustainable Growth Strategy 2021
2021/02/25
Committee: ENVI
Dossiers: 2021/2004(INI)
Documents: PDF(154 KB) DOC(77 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the draft general budget of the European Union for the financial year 2022 – all sections
2021/09/06
Committee: ENVI
Dossiers: 2021/0227(BUD)
Documents: PDF(152 KB) DOC(78 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2020
2022/01/17
Committee: ENVI
Dossiers: 2021/2132(DEC)
Documents: PDF(145 KB) DOC(75 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2020
2022/01/17
Committee: ENVI
Dossiers: 2021/2126(DEC)
Documents: PDF(135 KB) DOC(73 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2020
2022/01/17
Committee: ENVI
Dossiers: 2021/2125(DEC)
Documents: PDF(142 KB) DOC(75 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2020
2022/01/17
Committee: ENVI
Dossiers: 2021/2128(DEC)
Documents: PDF(147 KB) DOC(71 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2020 – Section III, Commission and executive agencies
2022/01/17
Committee: ENVI
Dossiers: 2021/2106(DEC)
Documents: PDF(161 KB) DOC(75 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2020
2022/01/19
Committee: ENVI
Dossiers: 2021/2124(DEC)
Documents: PDF(140 KB) DOC(66 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the European Semester for economic policy coordination: annual sustainable growth survey 2022
2022/02/11
Committee: ENVI
Dossiers: 2022/2006(INI)
Documents: PDF(154 KB) DOC(71 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
Opinion on Guidelines for the 2023 budget – Section III
2022/02/17
Committee: ENVI
Documents: PDF(129 KB) DOC(65 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the draft general budget of the European Union for the financial year 2023-all sections
2022/09/07
Committee: ENVI
Dossiers: 2022/0212(BUD)
Documents: PDF(153 KB) DOC(75 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
Opinion on the European Semester for economic policy coordination 2023
2023/02/09
Committee: ENVI
Dossiers: 2022/2150(INI)
Documents: PDF(124 KB) DOC(64 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2021 Section III, Commission and executive agencies
2023/02/13
Committee: ENVI
Dossiers: 2022/2081(DEC)
Documents: PDF(165 KB) DOC(70 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2021
2023/02/13
Committee: ENVI
Dossiers: 2022/2102(DEC)
Documents: PDF(132 KB) DOC(65 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2021
2023/02/13
Committee: ENVI
Dossiers: 2022/2104(DEC)
Documents: PDF(141 KB) DOC(66 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2021
2023/02/13
Committee: ENVI
Dossiers: 2022/2100(DEC)
Documents: PDF(141 KB) DOC(65 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2021
2023/02/13
Committee: ENVI
Dossiers: 2002/2109(DEC)
Documents: PDF(136 KB) DOC(67 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2021
2023/02/13
Committee: ENVI
Dossiers: 2022/2101(DEC)
Documents: PDF(143 KB) DOC(69 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
Opinion on Guidelines for the 2024 budget – Section III
2023/03/02
Committee: ENVI
Documents: PDF(124 KB) DOC(68 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]
OPINION on the draft general budget of the European Union for the financial year 2024 - all sections
2023/08/30
Committee: ENVI
Dossiers: 2023/0264(BUD)
Documents: PDF(139 KB) DOC(70 KB)
Authors: [{'name': 'Pascal CANFIN', 'mepid': 96711}]

Shadow opinions (2)

OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting
2022/03/04
Committee: ENVI
Dossiers: 2021/0104(COD)
Documents: PDF(288 KB) DOC(206 KB)
Authors: [{'name': 'Lídia PEREIRA', 'mepid': 197738}]
OPINION on the proposal for a directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937
2023/02/10
Committee: ENVI
Dossiers: 2022/0051(COD)
Documents: PDF(309 KB) DOC(218 KB)
Authors: [{'name': 'Tiemo WÖLKEN', 'mepid': 185619}]

Institutional motions (15)

MOTION FOR A RESOLUTION on the 2019 UN Climate Change Conference in Madrid, Spain (COP 25)
2019/11/14
Committee: ENVI
Dossiers: 2019/2712(RSP)
Documents: PDF(217 KB) DOC(81 KB)
MOTION FOR A RESOLUTION on the climate and environmental emergency
2019/11/25
Dossiers: 2019/2930(RSP)
Documents: PDF(125 KB) DOC(43 KB)
JOINT MOTION FOR A RESOLUTION on the climate and environment emergency
2019/11/26
Dossiers: 2019/2930(RSP)
Documents: PDF(139 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity
2020/01/09
Dossiers: 2019/2824(RSP)
Documents: PDF(191 KB) DOC(57 KB)
RECOMMENDATION FOR A DECISION to raise no objections to the Commission delegated regulation of 29 October 2020 amending Delegated Regulation (EU) 2019/2124 as regards official controls at the border control post where goods leave the Union and certain provisions on transit and transhipment
2020/12/09
Committee: ENVI
Dossiers: 2020/2855(DEA)
Documents: PDF(133 KB) DOC(44 KB)
RECOMMENDATION FOR A DECISION to raise no objections to the draft Commission regulation amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards the substance group 4-(1,1,3,3-Tetramethylbutyl)phenol, ethoxylated (covering well-defined substances and substances of unknown or variable composition, complex reaction products or biological materials, polymers and homologues)
2020/12/09
Committee: ENVI
Documents: PDF(134 KB) DOC(44 KB)
RECOMMENDATION FOR A DECISION to raise no objections to the Commission delegated regulation of 7 December 2020 amending Annex II to Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the identification mark to be used for certain products of animal origin in the United Kingdom in respect of Northern Ireland
2020/12/11
Committee: ENVI
Dossiers: 2020/2907(DEA)
Documents: PDF(134 KB) DOC(43 KB)
RECOMMENDATION FOR A DECISION to raise no objections to the draft Commission regulation amending Regulations (EU) 2019/424, (EU) 2019/1781, (EU) 2019/2019, (EU) 2019/2020, (EU) 2019/2021, (EU) 2019/2022, (EU) 2019/2023 and (EU) 2019/2024 with regard to ecodesign requirements for servers and data storage products, electric motors and variable speed drives, refrigerating appliances, light sources and separate control gears, electronic displays, household dishwashers, household washing machines and household washer-dryers and refrigerating appliances with a direct sales function
2021/02/01
Committee: ENVI
Dossiers: 2020/2917(RPS)
Documents: PDF(134 KB) DOC(45 KB)
RECOMMENDATION FOR A DECISION to raise no objections to the Commission delegated regulation of 24 March 2021 amending Regulation (EC) No 1234/2008 concerning the examination of variations to the terms of marketing authorisations for medicinal products for human use and veterinary medicinal products
2021/04/23
Committee: ENVI
Dossiers: 2021/2616(DEA)
Documents: PDF(135 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on the right of information of the Parliament regarding the ongoing assessment of the national recovery and resilience plans
2021/05/17
Dossiers: 2021/2703(RSP)
Documents: PDF(146 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on the views of Parliament on the ongoing assessment by the Commission and the Council of the national recovery and resilience plans
2021/06/07
Dossiers: 2021/2738(RSP)
Documents: PDF(173 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the views of Parliament on the ongoing assessment by the Commission and the Council of the national recovery and resilience plans
2021/06/08
Dossiers: 2021/2738(RSP)
Documents: PDF(190 KB) DOC(58 KB)
MOTION FOR A RESOLUTION on the 2021 UN Climate Change Conference in Glasgow, UK (COP26)
2021/10/13
Committee: ENVI
Dossiers: 2021/2667(RSP)
Documents: PDF(269 KB) DOC(85 KB)
MOTION FOR A RESOLUTION on the Commission delegated regulation of 19 November 2021 amending Regulation (EU) No 347/2013 of the European Parliament and of the Council as regards the Union list of projects of common interest
2022/03/02
Dossiers: 2021/2991(DEA)
Documents: PDF(147 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on a European Day for the victims of the global climate crisis
2023/06/13
Dossiers: 2023/2740(RSP)
Documents: PDF(134 KB) DOC(46 KB)

Oral questions (13)

2019 UN Climate Change Conference in Madrid, Spain (COP 25)
2019/09/26
Documents: PDF(43 KB) DOC(9 KB)
2019 UN Climate Change Conference in Madrid, Spain (COP 25)
2019/09/26
Documents: PDF(42 KB) DOC(9 KB)
Climate and environment emergency
2019/11/20
Documents: PDF(40 KB) DOC(9 KB)
COP15 to the Convention on Biological Diversity – to be held in Kunming, China, in 2020
2019/12/06
Documents: PDF(44 KB) DOC(9 KB)
COP15 to the Convention on Biological Diversity – to be held in Kunming, China, in 2020
2019/12/06
Documents: PDF(45 KB) DOC(10 KB)
2021 UN Climate Change Conference (COP26) in Glasgow, UK
2021/10/12
Documents: PDF(42 KB) DOC(9 KB)
2021 UN Climate Change Conference (COP26) in Glasgow, UK
2021/10/12
Documents: PDF(42 KB) DOC(9 KB)
COVID-19 – Sustaining EU Preparedness and Response: Looking ahead
2022/06/20
Documents: PDF(40 KB) DOC(10 KB)
2022 UN Climate Change Conference in Sharm El-Sheikh, Egypt (COP27)
2022/10/07
Documents: PDF(41 KB) DOC(9 KB)
2022 UN Climate Change Conference in Sharm El-Sheikh, Egypt (COP27)
2022/10/07
Documents: PDF(41 KB) DOC(9 KB)
Restitution of plundered property to Holocaust victims and Jewish communities
2023/03/06
Documents: PDF(51 KB) DOC(10 KB)
2023 UN Climate Change Conference in Dubai, United Arab Emirates (COP28)
2023/10/26
Documents: PDF(43 KB) DOC(9 KB)
2023 UN Climate Change Conference in Dubai, United Arab Emirates (COP28)
2023/10/26
Documents: PDF(43 KB) DOC(9 KB)

Written questions (15)

The New Silk Road
2020/01/23
Documents: PDF(43 KB) DOC(10 KB)
COVID-19 – Transport of healthcare supplies in Europe
2020/03/24
Documents: PDF(45 KB) DOC(9 KB)
The Commission’s decision to award a contract to BlackRock to oversee the development of ESG factors in the EU banking sector and corporate investment policies
2020/04/20
Documents: PDF(49 KB) DOC(10 KB)
Strengthening the EU-level tool to screen foreign direct investment
2020/04/30
Documents: PDF(46 KB) DOC(10 KB)
Coordination of de-confinement measures
2020/05/08
Documents: PDF(44 KB) DOC(10 KB)
Alignment of the 4th PCI (Project of Common Interest) list with the EU Green Deal
2020/06/18
Documents: PDF(38 KB) DOC(9 KB)
Stepping up measures against dangerous terrorist online content, and EU funding of associations that violate EU values
2020/10/23
Documents: PDF(43 KB) DOC(10 KB)
Extending the mandate of EPPO to cover cross-border terrorist crimes
2020/11/12
Documents: PDF(48 KB) DOC(10 KB)
Sustainable development chapter – EU-New Zealand trade negotiations
2020/12/01
Documents: PDF(39 KB) DOC(9 KB)
Developing a common vaccination card in the EU in light of the COVID-19 pandemic
2020/12/24
Documents: PDF(49 KB) DOC(10 KB)
Microplastics restriction proposal
2021/06/30
Documents: PDF(45 KB) DOC(10 KB)
Modernisation of the Energy Charter Treaty
2022/10/28
Documents: PDF(44 KB) DOC(10 KB)
Modernisation of the Energy Charter Treaty
2022/11/08
Documents: PDF(43 KB) DOC(10 KB)
Next steps for the Energy Charter Treaty
2023/02/09
Documents: PDF(50 KB) DOC(11 KB)
Reducing microplastic emissions in the EU
2023/07/12
Documents: PDF(46 KB) DOC(10 KB)

Amendments (2802)

Amendment 123 #

2023/2636(RSP)


Paragraph 1
1. Takes note of the Glasgow Climate Pact and the progress made during COP27; stresses, however,; expresses, however, concern about the limited progress in stepping up climate change mitigation since then, including during COP27 and the inter-sessional meeting in Bonn in June 2023; reiterates the conclusions by the IPCC that limiting global warming to 1.5 °C requires rapid, deep and sustained mitigation actions and thata reduction of global greenhouse gas emissions must be reduced by 43 % compared to 2019 levels in this critical decade before 2030;
2023/07/04
Committee: ENVI
Amendment 146 #

2023/2636(RSP)


Paragraph 5
5. Urges all Parties to the UNFCCC to increase their NDCs in order to close the emissions gaps as identified by the IPCC and UNEP, and to close the implementation gaps by stepping up policy implementation to achieve the stated commitments; underlines the particular responsibility of all major emitters and the G20 countries to take the lead;
2023/07/04
Committee: ENVI
Amendment 152 #

2023/2636(RSP)


Paragraph 5 a (new)
5a. Urges all Parties to ensure robust rules for cooperative mechanisms under Article 6 of the Paris Agreement and calls on the EU and the Member States to strictly defend a high level of climate integrity, based on best available science, in the negotiations on the outstanding issues, including on the role of removals, in order to ensure that the rules provide genuine emission reductions and full transparency;
2023/07/04
Committee: ENVI
Amendment 259 #

2023/2636(RSP)


Paragraph 11 a (new)
11a. Highlights the EU´s recently adopted “Fit for 55” legislation implementing the 2030 target of the European Climate Law, and the fact that this legislation will reduce the EU’s emissions by more than the EU´s current NDC of a 55 % reduction in net emissions, to reach 57 % reduction in net emissions; calls for the EU to update its official emissions pledge accordingly to reflect this increase in advance of COP28, and in light of the decision in the Glasgow Climate Pact to revisit the 2030 targets;
2023/07/04
Committee: ENVI
Amendment 270 #

2023/2636(RSP)


Paragraph 11 b (new)
11b. Underlines the need to step up adaptation action within the EU and globally; recalls that in line with the EU Climate Law Member States shall ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change in accordance with Article 7 of the Paris Agreement;
2023/07/04
Committee: ENVI
Amendment 276 #

2023/2636(RSP)


Paragraph 11 c (new)
11c. Reiterates its call on the Commission to prepare a comprehensive EU-wide climate risk assessment to address the resilience and preparedness to climate change in Europe; also reiterates its call on the Commission to propose a comprehensive, ambitious and legally binding European Climate Adaptation framework, with the appropriate legislative tools, with special emphasis on the most vulnerable regions;
2023/07/04
Committee: ENVI
Amendment 279 #

2023/2636(RSP)


Paragraph 11 d (new)
11d. Reiterates the need to mainstream climate ambition into all EU policies and the measures transposing them, and underlines that Article 6(4) of the European Climate Law obliges the Commission to assess the consistency of any draft measure or legislative proposal, including budgetary proposals, with the EU’s climate targets; urges the Commission to fully implement this provision in the way it conducts impact assessments on all EU policy areas;
2023/07/04
Committee: ENVI
Amendment 289 #

2023/2636(RSP)


Paragraph 12
12. Highlights the fact that the EU and its Member States are the largest providers of public climate finance and underlines the need for continued and increased contributions; in this respect, reiterates its call for a dedicated EU public finance mechanism that provides additional and adequate support towards delivering the EU’s fair share of international climate finance goals; recognises the importance of climate finance from a variety of sources for successful global climate action, particularly as many developing countries have conditional NDCs, the achievement of which depends on sufficient financial support;
2023/07/04
Committee: ENVI
Amendment 298 #

2023/2636(RSP)


Paragraph 13
13. Is concerned about the growing gap between the needs of developing country Parties and the current scale, sufficiency and accessibility of climate finance; underlines that it will be impossible to close this gap without significant mobilisation of private finance, in addition to public finance;
2023/07/04
Committee: ENVI
Amendment 302 #

2023/2636(RSP)


Paragraph 14
14. Calls for developed country Parties, including the EU and its Member States, to ensure that the USD 100 billion climate finance goal can be met and disbursed on average between 2020 and 2025, and to further detail the way forward for the new post-2025 climate finance goal which should encompass both mitigation and adaptation actions; believes that the responsibility to deliver the new goal will need to encompass a broad donor base that includes both developed countries and other countries that are in a position to do so, as well as innovative sources of finance and private finance;
2023/07/04
Committee: ENVI
Amendment 308 #

2023/2636(RSP)


Paragraph 15
15. CRecalls the conclusions of COP27 that delivering the necessary funding for the climate transition will require a transformation of the financial system and its structures and processes, engaging governments, central banks, commercial banks, institutional investors and other financial actors; considers it essential to advance the Bridgetown Agenda and to make the international financial system fit for the challenges of the 21st century; calls foron all the major international financial institutions to swiftly adopand multilateral development band develop green finance; ks to align their portfolios and lending policies with the Paris Agreement;
2023/07/04
Committee: ENVI
Amendment 313 #

2023/2636(RSP)


Paragraph 15 a (new)
15a. Welcomes the summit for a new global financing pact hosted by France on 22-23 June 2023 and urges all governments and relevant institutions to take concrete actions to deliver the engagements taken at the summit, and to implement the roadmap that it identified, for updating the international financial system to address the combined challenges of development and climate change;
2023/07/04
Committee: ENVI
Amendment 315 #

2023/2636(RSP)


Paragraph 15 b (new)
15b. Recalls the role of the European Investment Bank (EIB) as the EU’s climate bank and its Climate Bank Roadmap and updated Energy Lending Policy as well as the additional efforts of the European Investment Fund (EIF) to spearhead climate investments; welcomes the fact that the European Central Bank has committed to integrating climate change considerations into its monetary policy framework;
2023/07/04
Committee: ENVI
Amendment 316 #

2023/2636(RSP)


Paragraph 15 c (new)
15c. Reiterates its supports the work of the Coalition of Finance Ministers for Climate Action and encourages all governments to adopt the coalition’s commitments to align all policies and practices in the remit of finance ministries with the goals of the Paris Agreement and to adopt effective carbon pricing, as laid down in the Helsinki Principles;
2023/07/04
Committee: ENVI
Amendment 320 #

2023/2636(RSP)


Paragraph 16
16. Recalls that according to the Paris Agreement, all parties must make financial flows – public and private, domestic and international – compatible with the path towards the 1.5 °C target set out in the Paris Agreement; underlines the importance to address this element of the Agreement in a comprehensive way at COP28;
2023/07/04
Committee: ENVI
Amendment 336 #

2023/2636(RSP)


Paragraph 17 a (new)
17a. Highlights the Glasgow Climate Pact commitment to accelerate efforts to phase down unabated coal power and inefficient fossil fuel subsidies; regrets that no progress was made to further strengthen this commitment at COP27 and calls on COP28 to deliver clear results on the phase-down of fossil fuels and on environmentally harmful subsidies;
2023/07/04
Committee: ENVI
Amendment 349 #

2023/2636(RSP)


Paragraph 18
18. Emphasises the importance of protecting, conserving and restoring biodiversity, ecosystems, soils and oceans and to manage natural resources sustainably in order to enhance nature- based climate change mitigation and build resilience, which are necessary to achieve the objectives of the Paris Agreement;
2023/07/04
Committee: ENVI
Amendment 373 #

2023/2636(RSP)


Paragraph 20
20. Stresses the importance of effectively implementing the Kunming- Montreal Global Biodiversity Framework, which was adopted during the 15th meeting of the Conference of the Parties to the UN Convention on Biological Diversityneed to protect indigenous rights and environmental defenders and to ensure that cooperative mechanisms under Article 6 of the Paris Agreement fully respect these rights;
2023/07/04
Committee: ENVI
Amendment 408 #

2023/2636(RSP)


Paragraph 23 a (new)
23a. Welcomes the fact that several EU trading partners have introduced carbon trading or other carbon pricing mechanisms and invites the Commission to further promote this and similar policies on the global scale and to explore links and other forms of cooperation with existing carbon pricing mechanisms in third countries to accelerate cost-efficient and socially fair emissions reductions worldwide; as part of this, calls on the Commission to put in place safeguards to ensure that any links with the EU ETS will continue to deliver additional and permanent mitigation contributions and will not undermine the EU’s domestic GHG emissions commitments;
2023/07/04
Committee: ENVI
Amendment 417 #

2023/2636(RSP)


Paragraph 23 b (new)
23b. Highlights that the EU´s carbon border adjustment mechanism (CBAM) will provide an effective mechanism to price emissions from products imported to the EU and to address carbon leakage while supporting the adoption of carbon pricing worldwide, which will contribute to reducing global carbon emissions and to the achievement of the Paris Agreement goals;
2023/07/04
Committee: ENVI
Amendment 425 #

2023/2636(RSP)


Paragraph 23 c (new)
23c. Highlights the responsibility and potential of the private sector to contribute to the goals of the Paris Agreement and recognises the decisive role of frontrunner businesses; underlines in this context the need for rigorous standards for corporate climate reporting to avoid greenwashing and an uneven playing field; in this context, highlights the importance of solid EU rules in areas such as corporate due diligence, green claims and the certification of carbon removals;
2023/07/04
Committee: ENVI
Amendment 54 #

2023/0373(COD)

Proposal for a regulation
Recital 1
(1) Microplastics are ubiquitous, persistent and transboundary. They are detrimental to the environment and potentially harmful to human health, particularly due to the presence of harmful chemical additives and other substances of concern added during the production and the conversion, such as phthalates, bisphenol A, or flame retardants1a. Microplastics are easily transported through the air and by land surface waters and ocean currents, and their mobility is an aggravating factor. They are found in soil (including agricultural lands), lakes, rivers, estuaries, beaches, lagoons, seas, oceans and in remote, once pristine regions, and their presence in soil may have effects on soil properties and trigger soil alterations which negatively impact the growth of some plants. Impacts of microplastics on the marine environment have been extensively documented. Once in the marine environment, microplastics are nearly impossible to collect, and are known to be eaten by a range of organisms and animals and cause harm to biodiversity and ecosystems. The persistence of a plastic pellet in the aquatic environment may be measured over decades or more, and ingestion of plastic pellets by marine wildlife, notably seabirds and sea turtles, may cause physical harm or death. Microplastics also contribute to climate change as an additional source both of greenhouse gas emissions and of pressure on ecosystems. Microplastics’ potential to act as a carrier for adsorbed toxicants or pathogenic microorganisms is an integral part of the problem. Humans are exposed to microplastics via air and food consumption. The growing awareness of microplastics’ presence in the food chain can undermine consumer confidence and bear economic consequences. There may be negative economic impacts on activities such as commercial fishing and agriculture as well as recreation and tourism in areas affected by the releases. _________________ 1a ‘Plastic giants polluting through the back door, The case for a regulatory supply-chain approach to stop plastic pellet pollution in the EU’, Surfrider and Rethink Alliance 2020
2024/01/17
Committee: ENVI
Amendment 59 #

2023/0373(COD)

Proposal for a regulation
Recital 7 a (new)
(7 a) Nearly 90% of the world's goods are transported by sea, including plastic pellets. However, poor handling practices or a lack of supervision of certain routine operations such as cleaning hulls or containers, can lead to these pellets leaking out and spilling into the ocean. Furthermore, many maritime pellet disasters have been reported, making maritime transport a high-risk activity of plastic pellet pollution. The impact of these losses is catastrophic for marine and coastal ecosystems as well as the species that compose them, and the extreme mobility of plastic pellets makes effective containment and clean-up operations difficult. The handling of these pellets is regulated at international level by the 1972 Convention for Safe Containers, and supplemented by the 2023 Sub-Committee on Carriage of Cargoes and Containers circular on the obligation to report lost containers, but they do not provide the guarantees needed to prevent pollution by plastic pellets. The inclusion of maritime transport in the scope of application, as well as provisions relating to the handling of pellets specific to this mode of transport, is therefore essential if the objectives of this regulation are to be achieved.
2024/01/17
Committee: ENVI
Amendment 66 #

2023/0373(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) In 2019, between 52,000 and 184,000 tonnes of pellets were lost to the environment in the Union. Hundreds of thousands of tons of pellets have been accumulating in the environment for years, and as pellets are difficult to differentiate, it is impossible to know which economic operators are involved in this leakage. Having a chemical marker at each major management stage, especially production and processing, would make it easier to identify the economic operators involved in the value chain in the event of unreported leakage into the environment.
2024/01/17
Committee: ENVI
Amendment 119 #

2023/0373(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) ‘plastic pellet’ means a small mass of preformed polymer-containing moulding material, having relatively uniform dimensions in a given lot, including powders and flakes, that is used as feedstock in plastic product manufacturing operations;
2024/01/17
Committee: ENVI
Amendment 121 #

2023/0373(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
(a a) 'plastic pellet dust': refers to the industrial residue from the grinding or processing of pellets, that is not used as feedstock in plastic product manufacturing operations.
2024/01/17
Committee: ENVI
Amendment 138 #

2023/0373(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f
(f) ‘EU carrier’ means any natural or legal person established in a Member State, engaged in the transport of plastic pellets as part of its economic activity by using road vehicles, rail wagons, maritime or inland waterway vessels;
2024/01/17
Committee: ENVI
Amendment 144 #

2023/0373(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘non-EU carrier’ means any natural or legal person established in a third country, engaged in the transport of plastic pellets as part of its economic activity in the Union by using road vehicles, rail wagons, maritime or inland waterway vessels;
2024/01/17
Committee: ENVI
Amendment 150 #

2023/0373(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Economic operators, EU carriers and non-EU carriers shall ensure that spills and losses are avoided. Where spills and losses occur, economic operators, EU carriers and non- EU carriers shall take immediate action to contain and clean-up those spill and losses.
2024/01/17
Committee: ENVI
Amendment 161 #

2023/0373(COD)

Proposal for a regulation
Article 3 – paragraph 4
4. Competent authorities shall establish and maintain a public register containing the information they have received in accordance with paragraphs 32 and 43.
2024/01/17
Committee: ENVI
Amendment 166 #

2023/0373(COD)

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b
(b) install the equipment referred to in Annex I and execute the procedures described in the risk assessment plan referred to in point (a);
2024/01/17
Committee: ENVI
Amendment 175 #

2023/0373(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. Economic operators that are medium and large-sized enterprises operating installations where plastic pellets in quantities belowabove 1 000 tonnes have been handled in the previous calendar year or that are micro or small-sized enterprises shall notify an update of the risk assessment plan for each installation as well as a renewal of the self-declaration of conformity to the competent authority every 52 years from the last notification. This obligation applies every 5 years for economic operators that are not micro- entreprises where plastic pellets in quantities below 1000 tonnes have been handled in the previous calendar year.
2024/01/17
Committee: ENVI
Amendment 192 #

2023/0373(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. EU carriers and non-EU carriers shall ensure that the actions set out in Annex III are implemented during loading and unloading operations, transport journeys, storage, cleaning and maintenance operations. Competent authorities may require economic operators to implement any actions listed in Annex III to ensure that the spill and losses can effectively be prevented.
2024/01/17
Committee: ENVI
Amendment 202 #

2023/0373(COD)

Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point c
(c) keep records of annually estimated quantities of spills and losses and of the total volume of plastic pellets handled.
2024/01/17
Committee: ENVI
Amendment 209 #

2023/0373(COD)

Proposal for a regulation
Article 4 – paragraph 8
8. Where an action taken for the prevention, containment and clean-up of spills and losses fails, economic operators, EU carriers and non-EU carriers shall take corrective actions, as soon as possibleimmediately.
2024/01/17
Committee: ENVI
Amendment 215 #

2023/0373(COD)

Proposal for a regulation
Article 4 – paragraph 9 – introductory part
9. Every year economic operators that are not micro or small-sized enterprises and that operate installations where plastic pellets in quantities above 1 000 tonnes that are not micro enterprises have been handled in the previous calendar year shall, for each installation, carry out an internal assessment on the state of compliance of the installation with the requirements of the risk assessment plan laid down in Annex I. This obligation applies every two years for economic operators that are not micro- entreprises where plastic pellets in quantities below 1 000 tonnes have been handled in the previous calendar. The internal assessment may among others cover the following subjects:
2024/01/17
Committee: ENVI
Amendment 230 #

2023/0373(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. By … [OP: please insert the date = 24 months after the entry into force of this Regulation], and thereafter every three years, economic operators thatwho are large- sized not micro-enterprises shall demonstrate that each installation where plastic pellets in quantities above 1 000 tonnes have been handled in the previous calendar year is compliant with the requirements set out in Annex I, by obtaining a certificate issued by a certifier.
2024/01/17
Committee: ENVI
Amendment 234 #

2023/0373(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. By … [OP: please insert the date = 36 months after the entry into force of this Regulation], and thereafter every four years, economic operators thatwho are medium-sizednot micro or small enterprises shall demonstrate that each installation where plastic pellets in quantities abovebelow 1 000 tonnes have been handled in the previous calendar year is compliant with the requirements set out in Annex I, by obtaining a certificate issued by a certifier.
2024/01/17
Committee: ENVI
Amendment 250 #

2023/0373(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Competent authorities shall verify compliance of economic operators, EU carriers and non-EU carriers with the obligations laid down in this Regulation, taking into account the information provided in self-declarations of conformity referred to Article 4(1) and (2) and provided by certifiers in accordance with Article 5(5). The competent authorities shall carry out randomized environmental inspections and other verification measures, following a risk-based approach.
2024/01/17
Committee: ENVI
Amendment 262 #

2023/0373(COD)

Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. Without prejudice to Directive 2004/35/EC, in the event of an incidental or accidental loss significantly affecting human health or the environment, economic operators, EU carriers and non- EU carriers shall immediately:
2024/01/17
Committee: ENVI
Amendment 282 #

2023/0373(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. In the event of any incident or accident significantly affecting human health or the environment in another Member State, the competent authority in whose territory the accident or incident occurred shall immediately inform the competent authority of that other Member State.
2024/01/17
Committee: ENVI
Amendment 315 #

2023/0373(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the infringement. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the infringements of the economic benefits derived from those infringements. The level of the fines shall be gradually increased for repeated infringements. In the case of an infringement committed by a legal person, the maximum amount of such fines shall be at least 4 % of the economic operator’s annual turnover in the Member State concernedUnion in the business year preceding the fining decision.
2024/01/17
Committee: ENVI
Amendment 339 #

2023/0373(COD)

Proposal for a regulation
Article 17 a (new)
Article17a Review clause [OP: please insert the date = 8 years after the entry into force of this Regulation] the European Commission must present a report to the European Parliament and the Council on the implementation of the measures provided for in this Regulation and their effectiveness in preventing the leakage and loss of pellets into the environment. If applicable and based on the outcome of this Report, the European Commission may present a legislative proposal.
2024/01/17
Committee: ENVI
Amendment 341 #

2023/0373(COD)

Proposal for a regulation
Article 17 b (new)
Article17b Traceability By … [OP: please insert the date = 24 months after the entry into force of this Regulation], the European Commission shall publish a Report on the possibility of introducing chemical traceability of plastic pellets. This Report shall at least consider : a. The technical feasibility for an economic operator handling plastic pellets to introduce a unique, differentiable and non-harmful, for the environment or health, chemical signature b. Setting up a European database of all chemical signatures c. In the event of loss or spillage of plastic pellets into the environment, the application of a financial penalty, compatible with the present Regulation, for the economic operators whose chemical signature is present on the pellets concerned. The Commission shall, if appropriate, adopt a delegated act supplementing this Regulation to implement the chemical traceability.
2024/01/17
Committee: ENVI
Amendment 346 #

2023/0373(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 a (new)
(1 a) the number of tonnes of plastic pellets handled per year.
2024/01/17
Committee: ENVI
Amendment 348 #

2023/0373(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 2 – introductory part
Economic operators shall consider at least the following, taking into account the nature and size of the installation as well as the scale of its operationsimplement at least the following:
2024/01/17
Committee: ENVI
Amendment 354 #

2023/0373(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 2 – point a
(a) For prevention: vacuum seals on hoses and pipework; tear- and impact- resistant packaging that can withstand degradation in aquatic environments; equipment to create secure connection points with secondary barriers in place; loading systems designed to ensure transfer lines can be completely emptied after loading and unloading; sealed containers or external silos to store pellets; automated transport systems for pellets, filters to prevent the spread of pellet dust in the air and on site;
2024/01/17
Committee: ENVI
Amendment 361 #

2023/0373(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 2 – subparagraph 1 (new)
Exemptions to the installation of certain types of equipment are possible for economic operators which are able to justify them to the competent authorities, taking into account the nature and size of the installation as well as the scale of its operations
2024/01/17
Committee: ENVI
Amendment 373 #

2023/0373(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 9 – introductory part
(9) in addition to elements described in points (1) to (8), economic operators that are medium or large-sized enterprises and operate installations where plastic pellets in quantities above 1 000 tonnes have been handled in the previous calendar yearnot micro-enterprises shall also take the following actions:
2024/01/17
Committee: ENVI
Amendment 389 #

2023/0373(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 3 a (new)
(3 a) Measures to be taken and equipment specifically applicable to maritime transport.
2024/01/17
Committee: ENVI
Amendment 390 #

2023/0373(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 3 b (new)
(3 b) The shipper should contain, clean and do not sweep pellets into water when cleaning the boarding area, deck, hold or in a shipping container. It should not store pellets in containers in poor condition and avoid protrusions that could tear bags and boxes and should store containers in the hold and not on deck. The shipper should clearly indicate the presence of pellets in a container in order to label it as a container transporting dangerous goods.
2024/01/17
Committee: ENVI
Amendment 32 #

2023/0266(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) To support the shift in behaviour towards decarbonized mobility, digital mobility services aimed at facilitating multimodal travel through transportation services, vehicles, bicycles, personal mobility devices, or walking should provide users with information about the quantities of greenhouse gases emitted by the mode(s) of transportation used for each suggested route. These digital services should highlight route suggestions with the lowest impact in terms of greenhouse gas emissions.
2024/01/18
Committee: ENVITRAN
Amendment 37 #

2023/0266(COD)

Proposal for a regulation
Recital 7
(7) This Regulation should make available a reference framework for other emissions reduction measures that may be further undertaken by Member States, public authorities and industry, including where establishing greenhouse gas transparency clauses in transport contracts, providing information on greenhouse gas emissions of a travel or delivery option to passengers or customers, requiring by national law the mandatory disclosure of greenhouse gas emissions of transport services, or setting climate-related criteria for green procurement procedures.
2024/01/18
Committee: ENVITRAN
Amendment 63 #

2023/0266(COD)

Proposal for a regulation
Recital 13
(13) Attention should be paid not to deviate from the original methodological choices of EN ISO standard 14083:2023, in order to avoid inconsistencies in the calculation of greenhouse emissions of transport services on the market, especially in the context of international transport chains. However, from time to time, it is appropriate to assess the need of a possible adjustment of EN ISO 14083:2023 from the perspective of Union policies, as well as future amendments to that standard that may be carried out by the European Committee of Standardisation, or another competent body. In case these assessments show a risk that certain part of the standard may create undue imbalances in calculating greenhouse gas emissions of transport services in specific market segments or lead to discrepancies between that standard and the objectives of this Regulation or other applicable Union law, the Commission, in cooperation with Member States, may consider to request the European Committee for Standardisation to revise the standard accordingly, or to decide for the exclusion of that part of the standard from the scope of this Regulation. An amendment to the standard or a component creating a manifest risk of the incompatibility with the objectives of this Regulation and other applicable Union rules, notably with the Union’s long-term climate objective and intermediate targets as laid down in Regulation (EU) 2021/1119, and other Union climate legislation, should be excluded.
2024/01/18
Committee: ENVITRAN
Amendment 75 #

2023/0266(COD)

Proposal for a regulation
Recital 15 a (new)
(15 a) In order to promote a more comprehensive use of primary data, a Member State should nevertheless be able to provide that the use of primary data is compulsory for transport operations on its territory by entities whose number of employees exceeds a certain threshold set by national law where the transport service starts and ends on its territory.
2024/01/18
Committee: ENVITRAN
Amendment 97 #

2023/0266(COD)

Proposal for a regulation
Recital 23 a (new)
(23 a) Disclosure of information on emissions of transport services empowers consumers and citizens to make well- informed choices and influences business decisions of entities organising and providing these services on the market. Therefore, information on greenhouse gas emissions related to a specific transport service should be disclosed by concerned entities, whenever possible, before the provision of the transport service.
2024/01/18
Committee: ENVITRAN
Amendment 120 #

2023/0266(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation establishes rules for the accounting and the disclosure of the greenhouse gas emissions of transport services that start or end on the Union territory.
2024/01/18
Committee: ENVITRAN
Amendment 125 #

2023/0266(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 (new)
Without prejudice to this Regulation, Member State may decide to impose mandatory requirements for the calculation and disclosure of the greenhouse gas emissions of transport services in national law.
2024/01/18
Committee: ENVITRAN
Amendment 131 #

2023/0266(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 (new)
This Regulation also applies to digital mobility services aimed at facilitating multimodal travel through transportation services, vehicles, bicycles, personal mobility devices, or walking that calculates and discloses greenhouse gas emitted by the mode(s) of transportation used for each suggested route.
2024/01/18
Committee: ENVITRAN
Amendment 137 #

2023/0266(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
(12 a) “multimodal digital mobility service” means a service providing information on traffic and travel data, such as the location of transport facilities, schedules, availability or fares for more than one transport mode, which may include features enabling the making of reservations, bookings or payments, or the issuing of tickets;
2024/01/18
Committee: ENVITRAN
Amendment 140 #

2023/0266(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16
(16) “greenhouse gas emission intensity” means the coefficient relating specified greenhouse gastransport activity or hub activity data with the greenhouse gas emission
2024/01/18
Committee: ENVITRAN
Amendment 168 #

2023/0266(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The Commission shall assess the need for an adjustment of any component of the standard referred to in paragraph 1, not later than 36 months after the date of application of this Regulation, in particular in order to ensure its consistency with the Union’s long-term climate objectives and interdiate climate targets as laid down in Regulation (EU) 2021/1119 and other Union climate legislation.
2024/01/18
Committee: ENVITRAN
Amendment 172 #

2023/0266(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. The Commission is empowered toshall, where relevant, adopt delegated acts in accordance with Article 16 to request the European Committee on Standardisation to revise the standard referred to in paragraph 1, including based on the result of the assessment referred to in paragraph 2 and compliance check referred to in paragraph 3, in particular with the Union’s long- term climate objectives and intermediate climate targets as laid down in Regulation (EU) 2021/1119 and other Union climate legislation.
2024/01/18
Committee: ENVITRAN
Amendment 185 #

2023/0266(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
1 a. A Member State may provide that the use of primary data is compulsory for entities other than those refered to in paragraph 1 of this Article in the case of transport services that start and end on its territory.
2024/01/18
Committee: ENVITRAN
Amendment 204 #

2023/0266(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. The Commission with the assistance of the European Environmental Agency, shall establish [18 months after the entry into force of this Regulation] a core EU database of default emission intensity values referred to in Article 5 (2), point (a)(i).
2024/01/18
Committee: ENVITRAN
Amendment 213 #

2023/0266(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The Commission shall ensure, at least annually, the maintenance, update and continuous development of the database referred to in paragraph 1, taking into account for the evolution of the technological state-of-the- art in the transport sector and of new methodological approaches for calculating greenhouse gas emissions.
2024/01/18
Committee: ENVITRAN
Amendment 244 #

2023/0266(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The Commission, with the assistance of the European Environmental Agency, shall establish [18 months after the entry into force of this Regulation] a central EU database of default greenhouse gas emission factors referred to in Article 5(2), point (b).
2024/01/18
Committee: ENVITRAN
Amendment 254 #

2023/0266(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The Commission, with the assistance of the European Environmental Agency, shall ensure at least annually the maintenance, update and continuous development of the database referred to in paragraph 1, taking into account the evolution of the technological state-of-the- art in the transport sector and of new methodological approaches for calculating greenhouse gas emissions.
2024/01/18
Committee: ENVITRAN
Amendment 262 #

2023/0266(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1 a. Multimodal digital mobility services shall disclose greenhouse gas emitted by the modes of transportation used for each route suggested to the users. They shall highlight route proposals with the lowest impact in terms of greenhouse gas emissions.
2024/01/18
Committee: ENVITRAN
Amendment 277 #

2023/0266(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1 a. Concerned entities providing passenger transport services shall disclose output data before the provision of the transport service.
2024/01/18
Committee: ENVITRAN
Amendment 278 #

2023/0266(COD)

Proposal for a regulation
Article 10 – paragraph 1 b (new)
1 b. Concerned entities shall disclose, where applicable, the share of the road transport services operated with zero- emissions vehicles as defined in Regulation (EU) 2019/631 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles and in Regulation (EU) 2019/1242 setting CO2 emission performance standards for new heavy- duty vehicles.
2024/01/18
Committee: ENVITRAN
Amendment 326 #

2023/0266(COD)

Proposal for a regulation
Article 15 a (new)
Article15a Penalties 1. Member States shall lay down rules on penalties for entities disclosing output data failing to comply with the requirements laid down in Articles 4 to 10 of this Regulation and shall take all measures necessary to ensure that they are implemented. Member States shall notify those provisions to the Commission by [OP: 36 months after entry into force of this Regulation] and shall notify to the Commission without delay any subsequent amendments. 2. The penalties provided for in paragraph 1 shall be effective, proportionate and dissuasive. Those penalties shall include fines that effectively deprive those having committed the infringement of the economic benefits derived from their infringements. For the most serious infringements committed by a legal person, the maximum amount of such administrative financial penalties shall be at least 3% of the operator’s annual turnover in the financial year preceding the year in which the fine is imposed in the Union.
2024/01/18
Committee: ENVITRAN
Amendment 337 #

2023/0266(COD)

Proposal for a regulation
Article 18 – paragraph 1
The Commission shall carry out an evaluation of this Regulation in light of the objectives that it pursues and present a report on the main findings to the European Parliament and the Council by [OP: please insert a date: 53 years after the Regulation is applicable].
2024/01/18
Committee: ENVITRAN
Amendment 338 #

2023/0266(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
The report referred to in paragraph 1 shall include: (a) an assessment of the impacts of a mandatory requirement to quantify and disclose greenhouse gas emissions according to the rules set out in this Regulation for all entities organizing and providing transport services.The report shall, where appropriate, be accompanied by a legislative proposal with a view to requiring concerned entities to calculate and disclose greenhouse gas emissions; (b) an assessment of the feasibility of accounting and reporting the full life- cycle GHG emissions of transport services covering vehicle construction, maintenance and disposal.The report shall, where appropriate, be accompanied by a legislative proposal with a view to introducing an harmonised Union-wide methodology for calculating such life- cycle emissions. On the basis of this report, the Commission shall, if appropriate, issue a s request in accordance with Article 4(5) to revise the standard refered to in Article 4(1) with a view to use a full life cycle methodology.
2024/01/18
Committee: ENVITRAN
Amendment 343 #

2023/0266(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. It shall apply from [OP: Please insert a date: 424 months after the entry into force of this Regulation].
2024/01/18
Committee: ENVITRAN
Amendment 195 #

2023/0234(COD)

Proposal for a directive
Recital 25
(25) In view of the key role of social enterprises and social economy entities in the existing textile collection systems and their potential to create local, sustainable, participatory and inclusive businesses models and quality jobs in the Union, in line with the objectives of the EU Social Economy Action Plan79 , the introduction of extended producer responsibility schemes should maintain and support the activities of social enterprises and social economy entities involved in used and waste textiles management. These entities therefore should be regarded as partners in the separate collection systems supporting the scale-up of re-use and repair and creating quality jobs for all and in particular for vulnerable groups. _________________ 79 COM (2021) 778 final of 9 December 2021.
2023/10/27
Committee: ENVI
Amendment 219 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2008/98/EC
Article 3 – paragraph 4 f a (new)
4fa. ‘unsold textile product’ means any textile product fit for consumption or sale that has not been sold including surplus, excessive inventory, overstock and deadstock, including products returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;
2023/10/27
Committee: ENVI
Amendment 220 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2008/98/EC
Article 3 – paragraph 8 a (new)
2a. In article 3, the following paragraph is inserted: 8a. ‘Social enterprise’ means an entity that provides goods and services for the market in an entrepreneurial, accountable and innovative way and in accordance with the principles and features of the social economy, having social and/or environmental objectives as the primary reason for its commercial activity. It is managed in an open, transparent and responsible manner and, in particular, involves employees, consumers and stakeholders affected by its commercial activities.
2023/10/27
Committee: ENVI
Amendment 222 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2008/98/EC
Article 3 – paragraph 15 a (new)
2a. In article 3, the following paragraph is inserted: 15a. 'obligation of donation' means the requirement to make goods or products available, for free or for a reduced price, directly to consumers or to any operator deemed relevant for these goods or products to be used.
2023/10/27
Committee: ENVI
Amendment 243 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 1 a (new)
(1a) Member States shall take appropriate measures to prohibit the destruction of unsold food goods by economic operators covered under this amending Directive, with the exception of households. This ban shall be accompanied by an obligation of donation of these unsold food goods by these economic operators. By [OP: Please insert the date = 12 months after the date of entry into force of this amending Directive], the Commission shall adopt delegated acts establishing a harmonised methodology to fulfil this obligation. This methodology shall give Member States the means to ensure and control the quality of redistribution. These delegated acts shall also establish a harmonised methodology to enable redistribution by associations, social enterprises or private economic operators and set out minimum requirements of reporting. a. Competent authorities shall ensure the efficiency of redistribution, i.e. ensure it maintains high standard of food quality and safety. b. Economic operators covered under paragraph 1a of this amending Directive shall report to competent authorities on their fulfilment of their obligation of donation using the methodology established as set out pursuant to paragraph 1a of this article. c. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to article 1a of this amending Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The assessment of infringements shall be based on the data provided as pursuant to paragraph 1a point b of Article 9a of this amending Directive.
2023/10/27
Committee: ENVI
Amendment 255 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 4
4. Member States shall take the necessary and appropriate measures to achieve, by 31 December 2030, the following food waste reduction targets at national level:
2023/10/27
Committee: ENVI
Amendment 259 #

2023/0234(COD)

(a) By 31 December 2025, reduce the generation of food waste in processing and manufactufood distribution and collective catering by 150 % in comparison to the amount generated in 202015;
2023/10/27
Committee: ENVI
Amendment 276 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 4 – point b
(b) By 31 December 2030, reduce the generation of food waste per capita, jointly in retail and other distribution of food, in restaurants and food services and in households,consumption, production, processing and commercial catering by 350 % in comparison to the amount generated in 202015.
2023/10/27
Committee: ENVI
Amendment 310 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 3
3. Member States shall define in a clear way the roles and responsibilities of relevant actors involved in the implementation, monitoring and verification of the extended producer responsibility scheme referred to in paragraph 1. In doing this, Member States shall ensure that local public authorities and local social enterprises are fully involved in the decision-making process of the extended producer responsibility scheme.
2023/10/27
Committee: ENVI
Amendment 321 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 4 – subparagraph a – point 4
(4) collection, transport and treatment referred to in points (1) and (2) of waste generated by social enterprises and other non-waste operators that are part of the collection system referred to in Article 22c, paragraphs 5 and 11;
2023/10/27
Committee: ENVI
Amendment 347 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 7 – point b
(b) a self-certification by the producer committing itself to only offering textile, textile-related and footwear products listed in Annex IVc with regard to which the extended producer responsibility requirements referred to in paragraphs 1 and 4 of this Article and Article 22c(1) are complied with in the Member State where the consumer is located.deleted
2023/10/27
Committee: ENVI
Amendment 349 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 7 a (new)
7a. Online platforms shall ensure that producers of textile, textile-related and footwear products listed in Annex IVc are registered in EPR registers before placing on their platforms products from those producers, for which the extended producer responsibility requirements referred to in paragraphs 1 and 4 of this Article and in Article 22c(1) are met in the Member State where the consumer is located.
2023/10/27
Committee: ENVI
Amendment 353 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 8
8. Member States shall ensure that the extended producer responsibility schemes laid down in paragraph 1 of this Article are established by [P.O insert date thirtyeighteen months after the entry into force of this amending Directive] in accordance with Articles 8, 8a, 22a to 22d.
2023/10/27
Committee: ENVI
Amendment 359 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 8 a (new)
8a. Producer responsibility organisations shall reimburse all the costs listed in Article 22a paragraph 4 from the entry into force of the obligation to collect separately textile waste (1 January 2025) to the establishment of the extended producer responsibility schemes in accordance with Article 22a paragraph 8.
2023/10/27
Committee: ENVI
Amendment 380 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 3 – point a
(a) are based on the weight and quantity of the products concerned and, for textile products listed in Part 1 of Annex IVc, are modulated on the basis of the ecodesign requirements adopted pursuant to the Regulation .../... of the European Parliament and of the Council [P.O. insert the serial number for the Ecodesign for Sustainable Products Regulation when adopted]** that are most relevant for the prevention of textile waste and for the treatment of textiles in line with the waste hierarchy and the corresponding measurement methodologies for those criteria adopted pursuant to that Regulation or on the basis of other Union law establishing harmonised sustainability criteria and measurement methods for textile products, and that ensure the improvement of environmental sustainability and circularity of textiles;
2023/10/27
Committee: ENVI
Amendment 386 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 4
4. Where necessary tTo avoid distortion of the internal market and ensure consistency with the ecodesign requirements adopted pursuant to Article 4 read in conjunction with Article 5 of Regulation.../... [P.O. insert the serial number for Ecodesign for Sustainable Products Regulation when adopted], the Commission mayshall adopt implementing acts laying down the fee modulation criteria for the application of paragraph 3, point (a), of this Article. That implementing act shall not concern the precise determination of the level of the contributions and shall be adopted in accordance with the examination procedure referred to in Article 39(2) of this Directive.
2023/10/27
Committee: ENVI
Amendment 389 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 5 – point c
(c) ensure the collection, free of charge, of waste generated by social enterprises and other non-waste operators from such textile, textile-related and footwear products collected through the connected collection points as well as promote the full coordination between social enterprises and producer responsibility organisations.
2023/10/27
Committee: ENVI
Amendment 400 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 8
8. The separate collection rate referred to in paragraph 6, point (c) shall be calculated as the percentage obtained by dividing the weight and quantity of waste textile, textile- related and footwear products listed in Annex IVc collected in accordance with paragraph 5 in a given calendar year in a Member State by the weight and quantity of such waste textile, textile-related and footwear products that is generated and collected as mixed municipal waste.
2023/10/27
Committee: ENVI
Amendment 407 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 10
10. Member States shall ensure that producer responsibility organisations are not allowed to refuse the participation of local public authorities, social enterprises and other re-use operators in the separate collection system established pursuant to paragraph 5.
2023/10/27
Committee: ENVI
Amendment 414 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
11. Without prejudice to paragraph 5, points (a) and (b), and paragraph 6, point (a), Member States shall ensure that social enterprises are allowed to maintain and operate their own separate collection points and that they are given equal or preferential treatment in the location of the separate collection points. Member States shall ensure that social enterprises and social economy entities that are part of the connected collection points in accordance with paragraph 6, point (a) are not required to hand over collected used and waste textiles, textile- related and footwear products listed in Annex IVc to the producer responsibility organisation.
2023/10/27
Committee: ENVI
Amendment 417 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 12
12. Member States shall ensure that collection points set up in accordance with paragraphs 5, 6 and 11 are not subject to the registration orand permit requirements of this Directive.
2023/10/27
Committee: ENVI
Amendment 288 #

2023/0232(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 24
(24) ‘soil investigation’ means a process to assess the presence and concentration of contaminants in the soil which is usually performed in different stagesn iterative and progressive process of soil quality assessment which can be performed in one or more stages proportionate to the receptors (site visit, historic study, vulnerability study, conceptual site model, where appropriate, development and implementation of an in- situ sampling program);
2023/11/28
Committee: ENVI
Amendment 289 #

2023/0232(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 24 a (new)
(24 a) soil health diagnosis means a document including data on soil health related to one or several plots of lands used for agriculture, forestry or natural use.
2023/11/28
Committee: ENVI
Amendment 479 #

2023/0232(COD)

Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
The Commission mayshall adopt implementingdelegated acts to harmonise the format of soil health certification. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 21.
2023/11/28
Committee: ENVI
Amendment 480 #

2023/0232(COD)

Proposal for a directive
Article 9 – paragraph 5 a (new)
5 a. Land owners shall carry out a soil health diagnosis, based on criteria set out in this Article, when carrying out a sell, a transfer or a leasing of one or several plots of land used for agriculture or forestry. This diagnosis shall be transferred to the new land owner following the sell, transfer or leasing mentioned in this paragraph. Data gathered through the assessment refered in this paragraph shall be collected, compiled, analysed by national competent authorities and made available to public authorities and relevant stakeholders. The Commission shall adopt implementing acts allowing the comparability of such data among Member States.
2023/11/28
Committee: ENVI
Amendment 605 #

2023/0232(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall lay down the specific methodology for determinassessing the site-specific risks of contaminated sites. Such methodology shall be based on the phases and requirements for site-specific risk assessment listed in Annex VI.
2023/11/28
Committee: ENVI
Amendment 608 #

2023/0232(COD)

Proposal for a directive
Article 15 – paragraph 2
2. Member States shall define what constitutes an unacceptable risk for human health and the environment resulting from contaminated sites by taking into account existing scientific knowledge, the precautionary principle, local specificities, and current and future land use. These management values are applicable in all Member States.
2023/11/28
Committee: ENVI
Amendment 609 #

2023/0232(COD)

Proposal for a directive
Article 15 – paragraph 2
2. Member StatesThe Commission shall define what constitutes an unacceptable risk for human health and the environment resulting from contaminated sites by taking into account existing scientific knowledge, the precautionary principle, local specificities, and current and future land use.
2023/11/28
Committee: ENVI
Amendment 618 #

2023/0232(COD)

Proposal for a directive
Article 15 – paragraph 5 a (new)
5 a. The Commission shall adopt delegated acts to establish limit values in relation to the definition of an unacceptable risk for human health and the environment resulting from contaminated sites as referred to in paragraph 2. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 21.
2023/11/28
Committee: ENVI
Amendment 225 #

2023/0226(COD)

Proposal for a regulation
Recital 23
(23) Regulation (EU) 2018/848 of the European Parliament and the Council on organic production and labelling of organic products and repealing Council Regulation (EC) 834/2007(47 ) prohibits the use of GMOs and products from and by GMOs in organic production. It defines GMOs for the purposes of that Regulation by reference to Directive 2001/18/EC, excluding from the prohibition GMOs which have been obtained through the techniques of genetic modification listed in Annex 1.B of Directive 2001/18/EC. As a result, category 2 NGT plants will be banned in organic production. However, it is necessary to clarify the status of category 1 NGT plants for the purposes of organic production. The use of new genomic techniques is currently incompatible with the concept of organic production in the Regulation (EC) 2018/848 and with consumers’ perception of organic products. The use of category 1 NGT plants should therefore be also prohibited in organic production. Should a Member States decide so, coexistence measures may be implemented within its territory to prevent field contamination. _________________ 47 Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).
2023/11/19
Committee: ENVI
Amendment 328 #

2023/0226(COD)

Proposal for a regulation
Recital 39
(39) To achieve the goal of ensuring the effective functioning of the internal market, NGT plants and related products should benefit from the free movement of goods, provided they comply with the requirements of other Union law, unless a Member State decides not to authorize a category 2 NGT plant within its territory as provided by Regulation 2001/18/EC.
2023/11/19
Committee: ENVI
Amendment 353 #

2023/0226(COD)

Proposal for a regulation
Recital 45 a (new)
(45a) In order to ensure the proper functioning of the seed market, it is necessary that seed breeders keep having easy access to plant reproductive material for cross breeding activities and benefit therefore from the breeder's exemption.
2023/11/19
Committee: ENVI
Amendment 519 #

2023/0226(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. To obtain the declaration of category 1 NGT plant status referred to in Article 4(1), point (a), before undertaking a deliberate release of a NGT plant for any other purpose than placing on the market, the person intending to undertake the deliberate release shall submit a request to verify whether the criteria set out in Annex I, at least one of the traits referred to in Annex III part 1 and the exclusion criteria in Annex III part 2 are met (‘verification request’) to the competent authority designated in accordance with Article 4(4) of Directive 2001/18/EC of the Member State within whose territory the release is to take place in accordance with paragraphs 2 and 3 and the implementing act adopted in accordance with Article 27, point (b).
2023/11/19
Committee: ENVI
Amendment 539 #

2023/0226(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point d – point ii
(ii) the NGT plant meets the criteria set out in Annex I, at least one of the traits in Annex III part 1 and the criteria of Annex III part 2;
2023/11/19
Committee: ENVI
Amendment 722 #

2023/0226(COD)

Proposal for a regulation
Article 10 a (new)
Article 10a Article 12 Measures to avoid the unintended presence of category 1 NGT plants Member States may take appropriate measures to avoid the unintended presence category 1 NGTs. Member States shall develop crop-specific and adjusted measures, based on updated scientific knowledge, to avoid the unintended presence of category 1 NGTs.
2023/11/19
Committee: ENVI
Amendment 946 #

2023/0226(COD)

Proposal for a regulation
Article 25 – paragraph 1
Article 26b of Directive 2001/18/EC shall not apply to category 2 NGT plants.deleted
2023/11/19
Committee: ENVI
Amendment 1166 #

2023/0226(COD)

Proposal for a regulation
Annex III – subheading 1
Traits referred to in Article 6 and Article 22
2023/11/19
Committee: ENVI
Amendment 1171 #

2023/0226(COD)

Proposal for a regulation
Annex III – Part 1 – paragraph 1 – introductory part
Traits justifying the qualification as category 1 NGT the incentives referred to in Article 22:
2023/11/19
Committee: ENVI
Amendment 1173 #

2023/0226(COD)

(1) yield, including yield stability and yield under low-input conditions, provided that this traits also contributes to either point (2), (3) or (4) of this Annex;
2023/11/19
Committee: ENVI
Amendment 1182 #

2023/0226(COD)

Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 5
(5) characteristics that enhance the sustainability of storage, processing and distribution;deleted
2023/11/19
Committee: ENVI
Amendment 1191 #

2023/0226(COD)

Proposal for a regulation
Annex III – Part 2 – paragraph 1
Traits excluding the qualification as category 1 NGT referred in Article 6 and the application of the incentives referred to in Article 22: tolerance to herbicideplant protection products.
2023/11/19
Committee: ENVI
Amendment 6 #

2023/0199(COD)

Proposal for a regulation
Recital 12
(12) Directive 2003/87/EC54 should be amended to allow for additional financing with a financial envelope for the period 2024-2027 of EUR 5 billion. The Innovation Fund supports investments in innovative low-carbon technologies, which is a scope that is to be covered by the STEP. The increase in volume of the Innovation Fund should therefore allow to provide financing responding to the objective of supporting the development or manufacturing in the Union of critical clean technologies. On top of additional financing, the functioning of the Innovation Fund should be adapted to deliver on the objective of supporting the development or manufacturing in the Union of critical clean technologies as set by the STEP objective referred to in Article 2, point (a)(ii) of Regulation .../...63 [STEP Regulation]. Calls for proposals must be designed and aligned to deliver on the Union objectives set out for domestic manufacturing capacity in key industrial value chains. They shall be announced in advance in a strategic program made public by the Commission in order to provide predictability to industry. In line with the objectives of ensuring cohesion and promoting the Single Market, and in order to support the green transition and the development of clean technologies throughout the Union, the additional financial envelope should be made available through calls for proposals open to entities from Member States whose average GDP per capita is below the EU average of the EU-27 measured in purchasing power standards (PPS) and calculated on the basis of Union figures for the period 2015-2017. _________________ 54 Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading (OJ L 275, 25.10.2003, p. 32).
2023/09/06
Committee: ENVI
Amendment 16 #

2023/0199(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point 1
Directive 2003/87/EC
Article 10a(8)
In addition to the allowances referred to in the first to fifth subparagraphs of this paragraph, the Innovation Fund shall also implement a financial envelope for the period from 1 January 2024 to 31 December 2027 of EUR 5 000 000 000 in current prices for supporting investments contributing to the STEP objective referred to in Article 2, point (a)(ii) of Regulation .../...63 [STEP Regulation]. The Commission shall prepare a strategic planning of the Innovation Fund calls for proposals and associated budgets for cleantech manufacturing in line with the public investment needs to meet the STEP objective referred to in Article 2, point (a)(ii) of Regulation .../...63 [STEP Regulation]. This planning shall be made public. This financial envelope shall be made available to support investments only in Member States whose average GDP per capita is below the EU average of the EU- 27 measured in purchasing power standards (PPS) and calculated on the basis of Union figures for the period 2015-2017 _________________ 63 Regulation …/… of the European Parliament and of the Council … [insert full title and OJ reference].
2023/09/06
Committee: ENVI
Amendment 135 #

2023/0177(COD)

Proposal for a regulation
Recital 21
(21) To ensure a higher-level transparency, ESG rating providers should disclose information to the public on the methodologies, models and key rating assumptions which those providers use in their ESG rating activities and in each of their ESG ratings product. In light of the uses of ESG ratings by investors, the rating products should explicitly disclose which dimension of the double materiality the rating addresses, whether it is both material financial risk to the rated entity and the material impact of the rated entity on the environment and society in general or whether it takes into account only one of them. They should also explicitly disclose whether the rating addresses other dimensions. For the same reason, ESG rating providers should provide more detailed information on the methodologies, models and key rating assumptions to subscribers of ESG ratings. That information should enable users of ESG ratings to perform their own due diligence when assessing whether to rely or not on those ESG ratings. In particular, ESG ratings providers should disclose whether E, S, or G factors are taken into account, or an aggregation thereof, the rating given to each relevant factor, and the weighting each of these factors is given in the aggregation. Disclosure of information concerning models should however not reveal sensitive business information or impede innovation.
2023/10/25
Committee: ECON
Amendment 139 #

2023/0177(COD)

Proposal for a regulation
Recital 21 a (new)
(21 a) This Regulation should not interfere with the ESG rating methodologies or content. Diversity in the methodologies of ESG ratings providers ensures that the broad requirements of users can be met and promotes competition in the market.
2023/10/25
Committee: ECON
Amendment 335 #

2023/0177(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. ESG rating providers shall ensure that rating analysts, employees and any other natural person whose services are placed at its disposal or under its control and who are directly involved in the provision of ESG ratings, including analysts directly involved in the rating process and persons involved in the provision of scores, have the knowledge and experience that is necessary for the performance of the duties and tasks assigned, in particular a sufficient understanding of potential material financial risk to the rated entity and potential material impact of the rated entity on the environment and society in general.
2023/10/25
Committee: ECON
Amendment 384 #

2023/0177(COD)

Proposal for a regulation
Article 21 – paragraph 3 a (new)
3 a. ESMA shall develop draft implementing technical standards to specify the data standards and formats for the elements that are to be disclosed in accordance with paragraph 1. ESMA shall submit those draft implementing technical standards to the Commission by XX XXXX XXXX.
2023/10/25
Committee: ECON
Amendment 390 #

2023/0177(COD)

Proposal for a regulation
Article 22 – paragraph 3 a (new)
3 a. ESMA shall develop draft implementing technical standards to specify the data standards and formats for the elements that are to be disclosed in accordance with paragraph 1. ESMA shall submit those draft implementing technical standards to the Commission by XX XXXX XXXX.
2023/10/25
Committee: ECON
Amendment 479 #

2023/0177(COD)

Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point a
(a) high level overview of the rating methodologies used (and changes thereto), including: (i) whether analysis is backward- looking or forward-looking; and, (ii) whether the analysis looks at potential material financial risk to the rated entity, or potential material impact of the rated entity on the environment and society in general, or both, the weighting of the two factors, and the explanation of the weighting method, including weight per factor;
2023/10/25
Committee: ECON
Amendment 492 #

2023/0177(COD)

Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point f
(f) in the case of an aggregated ESG rating, the rating given to the individual E, S and G factors, the weighting of the three overarching ESG factors categories (e.g., 33% Environment, 33% Social, 33% Governance), and the explanation of the weighting method, including weight per individual E, S and G factors;
2023/10/25
Committee: ECON
Amendment 493 #

2023/0177(COD)

Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point g a (new)
(ga) an explanation about the extent to which the alignment with a 1.5°C or below 2°C pathway is integrated in the methodology and how it is weighted;
2023/10/25
Committee: ECON
Amendment 642 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Directive 2014/65/EU
Article 25 – paragraph 2 – subparagraph 1
Subject to the second subparagraph, when providing investment advice or portfolio management services, the investment firm shall obtain the necessary information regarding the client or potential client’s knowledge and experience in the investment field relevant to the specific type of product or service, that client’s financial situation, including the composition of any existing portfolios, its ability to bear full or partial losses, investment needs and objectives including sustainability preferences, if any, and risk tolerance, so as to enable the investment firm to recommend to the client or potential client the investment services or financial instruments that are suitable for that person, and, in particular, are in accordance with its risk tolerance, ability to bear losses, its sustainability preferences, and need for portfolio diversification.
2023/11/09
Committee: ECON
Amendment 658 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Directive 2014/65/EU
Article 25 – paragraph 3 a (new)
3a. When providing investment advice, the products proposed by the investment firm shall include at least one product that has sustainable investment as its objective as defined in Article 9 of Regulation (EU) 2019/2088, unless the client has explicitly indicated that they do not have any sustainability preferences as defined in Article 2(7) of Delegated Regulation (EU) 2017/565.
2023/11/09
Committee: ECON
Amendment 665 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point d
Directive 2014/65/EU
Article 25 – paragraph 8 – point c a (new)
(ca) the criteria for assessing the alignment of financial products with a client's sustainability preferences and outlining the procedures for tailoring a portfolio or investment product offering to meet a client's sustainability preferences.
2023/11/09
Committee: ECON
Amendment 1018 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 22 – point b
Directive (EU) 2016/97
Article 30 – paragraph 1 – subparagraph 1
Without prejudice to Article 20(1), when providing advice on insurance-based investment products, the insurance intermediary or insurance undertaking shall obtain the information regarding the customer’s knowledge and experience in the investment field relevant to the specific type of insurance-based investment product or, where applicable, underlying investment assets, offered or demanded, that customer’s financial situation, including the composition of any existing portfolios, its ability to bear full or partial losses, investment needs and objectives, including any sustainability preferences, and risk tolerance, so as to enable the insurance intermediary or the insurance undertaking to recommend to the customer the insurance-based investment products that are suitable for that person and that, in particular, are in accordance with its risk tolerance, ability to bear losses, its sustainability preferences, and need for portfolio diversification. The products proposed by the insurance intermediary or insurance undertaking shall include at least one product that has sustainable investment as its objective as defined in Article 9 of Regulation (EU) 2019/2088, unless the client that has explicitly indicated that they do not have any sustainability preferences as defined in Article 9 of Delegated Regulation (EU) 2021/1257.
2023/11/09
Committee: ECON
Amendment 1060 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 22 – point e
Directive (EU) 2016/97
Article 30 – paragraph 6 –subparagraph 1 – point c a (new)
(ca) the criteria for assessing the alignment of financial products with a client's sustainability preferences and outlining the procedures for tailoring a portfolio or investment product offering to meet a client's sustainability preferences.
2023/11/09
Committee: ECON
Amendment 196 #

2023/0138(COD)

Proposal for a regulation
Recital 9
(9) National medium-term fiscal- structural plans should bring together the fiscal, structural reforms and investment commitments of each Member State and these plans should be the cornerstone of the economic governance framework of the Union. Each Member State should present a medium-term plan that sets out its fiscal trajectory as well as priority public investment and reform commitments that together ensurshould contribute sustained and gradual debt reduction and sustainable and inclusive growth and resilience, avoiding a pro-cyclical fiscal policy, as well as broader reform and investment commitments, including in relation to the green and digital transitions, social and economic resilience and the implementation of the European Pillar of Social Rights, including the related targets on employment, skills and poverty reduction by 2030. During the lifetime of the Recovery and Resilience Facility25 , commitments undertaken in the national Recovery and Resilience Plans should be duly taken into account. _________________ 25 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).
2023/10/26
Committee: ECON
Amendment 212 #

2023/0138(COD)

Proposal for a regulation
Recital 12 a (new)
(12 a) The governance framework should account for the potential high variability of public investment. On 6th December 2016, the Council endorsed an opinion of the Economic and Financial Committee precising the implementation rules of the then in force regulation 1466/97. To assess the expenditure benchmark this provides for that nationally financed government gross fixed capital formation is smoothed over a 4-year period. This provision should be laid down in the legislation while the smooth period being extended to 7 years to account for longer priority investment programs1a. _________________ 1a Cover note: Improving the predictability and transparency of the SGP: A stronger focus on the expenditure benchmark in the preventive arm (Opinion of the Economic and Financial Committee), 29 November 2016 https://data.consilium.europa.eu/doc/docu ment/ST-14814-2016-INIT/en/pdf
2023/10/26
Committee: ECON
Amendment 251 #

2023/0138(COD)

Proposal for a regulation
Recital 20
(20) The Commission’s assessment of the national medium-term fiscal-structural plans should examine in particular the plausibility of the macroeconomic and fiscal assumptions, to the extent that they depart from those underlying the technical trajectory. In particular, the debt projections at unchanged policy to be included in the plan should be consistent and comparable with the Commission projections.
2023/10/26
Committee: ECON
Amendment 260 #

2023/0138(COD)

Proposal for a regulation
Recital 22
(22) To ensure a more gradual debt reduction, the adjustment period can be extended by a maximum of 3 years if the Member State underpins its medium-term fiscal-structural plan with a set of verifiable and time-bound reforms and investment that, taken altogether: are growthresilience-enhancing, support fiscal sustainability, address the common priorities of the Union, address relevant country-specific recommendations addressed to the Member State under the European Semester, and address the country-specific investment priorities without leading to cuts in other nationally financed public investment over the adjustment period in order to ensure a macroeconomic impact of investments and avoid crowding out of other investment priorities.
2023/10/26
Committee: ECON
Amendment 274 #

2023/0138(COD)

Proposal for a regulation
Recital 27
(27) Independent fiscal institutions have proven their capacity to foster fiscal discipline and strengthen the credibility of Member States’ public finances. In order to enhance national ownership, the role of independent fiscal institutions, traditionally mandated to monitor compliance with the national framework, should be expanded to the economic governance framework of the Unionmaintained and adapted to the medium-term fiscal- structural plans.
2023/10/26
Committee: ECON
Amendment 302 #

2023/0138(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation sets out rules ensuring effective coordination of economic policies of the Member States, thereby supporting the achievement of the Union’s objectives for sustainable and inclusive growth and quality employment.
2023/10/26
Committee: ECON
Amendment 327 #

2023/0138(COD)

(2) ‘net expenditure’ means government expenditure net of interest expenditure, discretionary revenue measures and other budgetary variables outside the control of the government as set out in Annex II, point (a). The government expenditure aggregate should be adjusted by averaging the investment expenditure over seven years;
2023/10/26
Committee: ECON
Amendment 348 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘annual progress report’ means the document of a Member State reporting on the implementation of the national medium-term fiscal-structural plan, including the net expenditure path, and of the reforms and investment commitments included in its national medium-term fiscal-structural plan;
2023/10/26
Committee: ECON
Amendment 369 #

2023/0138(COD)

Proposal for a regulation
Article 3 – paragraph 1
In order to ensure closer coordination of economic and employment policies and sustaineable upward convergence of the economic and social performance of the Member States in line with Union common priorities, the Council and the Commission shall conduct multilateral surveillance within the European Semester in accordance with the objectives and requirements set out in the TFEU. Multilateral surveillance shall rely on high quality and independent statistics, produced in accordance with the principles laid down in Regulation (EC) No 223/2009 of the European Parliament and of the Council.
2023/10/26
Committee: ECON
Amendment 388 #

2023/0138(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point c
(c) the submission, assessment and endorsement of Member States’ medium- term fiscal-structural plans, where appropriate, as well as their monitoring via the annual progress reports;
2023/10/26
Committee: ECON
Amendment 396 #

2023/0138(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point e a (new)
(e a) the formulation and the surveillance of the implementation recommendations on the common priorities listed in Article 12(1), point (ba), in particular past and current investments and each member states investment gaps associated to those priorities.
2023/10/26
Committee: ECON
Amendment 427 #

2023/0138(COD)

Proposal for a regulation
Article 5 – paragraph 1
For each Member State having a public debt above the 60% of GDP reference value or a government deficit above the 3% of GDP reference value, the Commission shall put forward, in a report to the Economic and Financial Committee, a technical trajectory for net expenditure after the submission of a proposal by the Member State and the dialogue in accordance with the procedure referred to in Article 7. The technical trajectory for net expenditure shall covering a minimum adjustment period of 4 years of the national medium-term fiscal- structural plan, and its possible extension by a maximum of 3 years pursuant to Article 13. The Commission shall make the report public.
2023/10/26
Committee: ECON
Amendment 440 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) the publicby the end of the adjustment period, at the latest, the 10-year debt tratio is put or remainjectory in the absence of further budgetary measures is on a plausibly downward path, or stays at prudent levels;
2023/10/26
Committee: ECON
Amendment 449 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) the government deficit is brought and maintained below the 3% of GDP reference value in the absence of further budgetary measures over the same 10- year period;
2023/10/26
Committee: ECON
Amendment 459 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) the fiscal adjustment effort over the period of the national medium-term fiscal-structural plan is at least proportional to the total effort over the entire adjustment period;deleted
2023/10/26
Committee: ECON
Amendment 467 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) the public debt ratio at the end of the planning horizon is below the public debt ratio in the year before the start of the technical trajectory; andeleted
2023/10/26
Committee: ECON
Amendment 493 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) national net expenditure growth remains below medium-term output growth, on average, as a rule over the horizon of the plan.deleted
2023/10/26
Committee: ECON
Amendment 508 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 2
The technical trajectories shall be differentiated for each Member State. The criteria for setting the technical trajectories are set out in Annex I.
2023/10/26
Committee: ECON
Amendment 515 #

2023/0138(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. By [1 March] of the year [xxxx] in which the Member States have to submit for the first time their medium-term fiscal- structural plans or, by [1 March] of the last year covered by the ongoing medium-term fiscal-structural plan or as appropriate, within 3 weeks from the request of the Member State to submit a new plan, the Commission shall publish:
2023/10/26
Committee: ECON
Amendment 518 #

2023/0138(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) the underlying medium-term public debt pits macrojection framework and resultonomic forecast and assumptions;
2023/10/26
Committee: ECON
Amendment 523 #

2023/0138(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) its macunderlying medium-term public debt projeconomic forecast and assumptiontion framework and results;
2023/10/26
Committee: ECON
Amendment 540 #

2023/0138(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. For Member States having a government deficit below the 3% of GDP reference value and public debt below the 60% of GDP reference value, the Commission shall provide technical information regarding the structural primary balance necessary to ensure that the headline deficit is maintained below the 3% of GDP reference value without any additional policy measures over a 10-year period after the end of the national medium-term fiscal-structural plan while taking into account the investment needs of those Member States to deliver on the common European priorities listed in Article 12, point (ba).
2023/10/26
Committee: ECON
Amendment 541 #

2023/0138(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. The Commission shall update the technical trajectories and the quantitative guidance at least once every 4 years in time for the submission of the next cycle of medium-term fiscal-structural plans.deleted
2023/10/26
Committee: ECON
Amendment 551 #

2023/0138(COD)

Proposal for a regulation
Article 8 – title
Assessment of plausibility and debt sustainability
2023/10/26
Committee: ECON
Amendment 585 #

2023/0138(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
Each Member State shall submit to the Council and to the Commission a new national medium-term fiscal-structural plan before end-April of the last year covered by the ongoing medium-term fiscal-structural plan.
2023/10/26
Committee: ECON
Amendment 624 #

2023/0138(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Where the national-medium-term fiscal-structural plan includes a higher net expenditure trajectory than in the technical trajectory issued by the Commission pursuant to Article 5, the Member State shall provide in its plan sound and verifiable economic arguments explainingduly justify the difference.
2023/10/26
Committee: ECON
Amendment 635 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a
(a) ensure the primary structural fiscal adjustment necessary to put or keep public debt on a plausibly downward path by the end of the adjustment period at the latest, or remain at prudent levels, and to bring and maintain the government deficit below the 3% of GDP reference value over the medium term;
2023/10/26
Committee: ECON
Amendment 638 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
(a a) assess the national public and private investment gaps to achieve the common priorities of the Union listed in Article 12;
2023/10/26
Committee: ECON
Amendment 652 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) explain how it will ensure the delivery of investment and reforms responding to the main challenges identified within the European Semester, in the country-specific recommendations, correct the identified macroeconomic imbalances under the Macroeconomic Imbalances Procedure if applicable, and address the common priorities of the Union referred to in Annex VI of this Regulation, including the European Green Deal, European Pillar of Social Rights and the Digital Decade while being consistent with the updated National Energy and Climate Plans and the National Digital Decade Roadmapthe national investment gap as identified in the national fiscal-structural plans;
2023/10/26
Committee: ECON
Amendment 658 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b a (new)
(b a) explain the consistency of the plan with the common priorities of the Union, as follows: (a) The European Green Deal, including the objectives of the Regulation 2021/1119 (European Climate Law) and the National Energy and Climate Plans; (b) The European Pillar of Social Rights including the related targets on employment, skills and poverty reduction by 2030; (c) The Digital Decade Policy Programme 2030, and reflected at national level through the National Digital Decade Strategic Roadmaps; (d) A Strategic Compass for Security and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security.
2023/10/26
Committee: ECON
Amendment 659 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b a (new)
(b a) explain the consistency of the plan with the common priorities of the Union, as follows: (a) The European Green Deal, including the objectives of the Regulation 2021/1119 (European Climate Law) and the National Energy and Climate Plans; (b) The European Pillar of Social Rights including the related targets on employment, skills and poverty reduction by 2030; (c) The Digital Decade Policy Programme 2030, and reflected at national level through the National Digital Decade Strategic Roadmaps; (d) A Strategic Compass for Security and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security.
2023/10/26
Committee: ECON
Amendment 665 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b b (new)
(b b) quantify the current and planned expenditures, in particular for activities listed in Annex VI of Regulation (EU) 2021/241 for sectors listed in NACE Rev.2 (A*64 aggregation level) and explain their consistency with the reduction of the investment gap referred to in point (aa) within the timeframe of the plan;
2023/10/26
Committee: ECON
Amendment 667 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b b (new)
(b b) disclose the change of public debt net of the sum of the cumulative investment undertaken in support of each common priority of the Union referred to in Article 12, point (ba);
2023/10/26
Committee: ECON
Amendment 676 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point d a (new)
(d a) quantify the current and planned green transition expenditures, in particular for activities listed in Annex VI of Regulation (EU) 2021/241 for sectors listed in NACE Rev.2 (A*64 aggregation level).
2023/10/26
Committee: ECON
Amendment 681 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point d b (new)
(d b) list the significant investments that support or carry out economic activities that do significant harm to any environmental objective within the meaning of the ‘Do no significant harm’ referred to in Article 17 of Regulation (EU) 2020/852;
2023/10/26
Committee: ECON
Amendment 697 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
The set of reform and investment commitments underpinning an extension of the adjustment period, shall be commensurate with the degree of public debt challengesnational investment gap as identified in the national fiscal- structural plans referred to in Article 12, point (aa), and challenges to medium- term growth in the Member State concerned.
2023/10/26
Committee: ECON
Amendment 703 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – introductory part
The set of reforms and investment commitments shall fulfil, taken altogether, several of the following criteria:
2023/10/26
Committee: ECON
Amendment 706 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point i
(i) be growth enhancing; sustainable and growth enhancing while respecting the targets set in Regulation (EU) 2021/1119 (European Climate Law);
2023/10/26
Committee: ECON
Amendment 709 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point i
(i) be growth and resilience enhancing;
2023/10/26
Committee: ECON
Amendment 723 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point iii
(iii) address the common priorities of the Union referred to in Annex VIrticle 12, point (ba);
2023/10/26
Committee: ECON
Amendment 733 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point v
(v) ensure that the overall level of nationally financed public investment over the lifetime of the national medium- term fiscal-structural plan is higher than the medium-term level before the period of that plan.deleted
2023/10/26
Committee: ECON
Amendment 746 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Each of the reform and investment commitments underpinning an extension of the adjustment period shall be sufficiently detailed, front-loadedistributed proportionally throughout the period covered by the plan and at the latest by the end of the adjustment period, time-bound and verifiable.
2023/10/26
Committee: ECON
Amendment 753 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 4
4. During the lifetime of the Recovery and Resilience Facility, in accordance with Regulation (EU) 2021/241, commitments included in the approved Recovery and Resilience Plan of the Member State concerned canshall be taken into account for an extension of the adjustment period.
2023/10/26
Committee: ECON
Amendment 771 #

2023/0138(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. A Member State may request to submit a revised national medium-term fiscal-structural plan to the Commission before the end of its adjustment periodlast year covered by the ongoing medium-term fiscal-structural plan if there are objective circumstances preventing the implementation of the originalngoing national medium-term fiscal- structural plan or if the submission of a new national medium-term fiscal-structural plan is requested by a new government.
2023/10/26
Committee: ECON
Amendment 784 #

2023/0138(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Taking into account the past adjustment of the Member State concerned or the lack thereof, the new technical trajectory shall not allow backloading of the fiscal adjustment effort and shall not lead to a lower fiscal adjustment efforthe new technical trajectory shall as a rule uphold the ambition of the previous fiscal path.
2023/10/26
Committee: ECON
Amendment 791 #

2023/0138(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. The Commission shall in particular assess, if applicable, whether any extension of the adjustment period is to continue to apply under the revised national medium- term fiscal- structural plan, taking into account the implementation of thea revised set of reform and investment commitments underpinning the extension under the original plan and the changes in terms of public debt challenges under the revised national medium-term fiscal- structural plan.
2023/10/26
Committee: ECON
Amendment 825 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point d
(d) whether the fiscal adjustment effort over the period of the national medium-term fiscal-structural plan is at least proportional to the total effort over the entire adjustment period;deleted
2023/10/26
Committee: ECON
Amendment 834 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point e
(e) whether for the years that the Member State concerned is expected to have a deficit above the 3% of GDP reference value, and the excess is not close and temporary, the fiscal adjustment is consistent with the benchmark referred to under Article 3 of Council Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure as amended by Regulation [X]; andeleted
2023/10/26
Committee: ECON
Amendment 842 #

2023/0138(COD)

(f) whether the public debt ratio at the end of the planning horizon is below the public debt ratio in the year before the start of the technical trajectory.deleted
2023/10/26
Committee: ECON
Amendment 862 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point f a (new)
(f a) whether the other reform and investment commitments contained in the plan comply with the requirements of Article 12, point (b).
2023/10/26
Committee: ECON
Amendment 872 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point b
(b) whether the other reform and investment commitments contained in the plan comply with the requirements of Article 12, letter b.deleted
2023/10/26
Committee: ECON
Amendment 904 #

2023/0138(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point b
(b) the Council considers that the revised national medium-term fiscal- structural plan does not comply with the requirements set out in Article 15(2) and (3), point (a)2;
2023/10/26
Committee: ECON
Amendment 908 #

2023/0138(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point c
(c) the Member State fails to submit a new national medium-term fiscal-structural plan at the end of the periodlast year covered by the previous national medium-term fiscal- structural plan.
2023/10/26
Committee: ECON
Amendment 912 #

2023/0138(COD)

Proposal for a regulation
Article 19 – paragraph 1
Where a Member State has been granted an extension of its adjustment period but fails to satisfactorily comply with its set of reform and investment commitments underpinning the extension referred to in Article 13(1), the Council may on a recommendation from the Commission, recommend that the Member State concerned submits an amended national medium-term fiscal-structural plan with a revised net expenditure path withof a shorter adjustment period.
2023/10/26
Committee: ECON
Amendment 920 #

2023/0138(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Each Member State shall submit to the Commission an annual progress report on the implementation of its national medium-term fiscal-structural plan, by 15 April each year at the latesteach year in April, preferably by mid-April and not later than 30th of April.
2023/10/26
Committee: ECON
Amendment 924 #

2023/0138(COD)

2. The annual progress report referred to in paragraph 1 shall contain in particular information about the progress in the implementation of the net expenditure path, the implementation of broader reform and investment commitments in the context of the European Semester contextand the common priorities of the Union referred to in Article 12 (ba) and, if applicable, in the implementation of the set of reform and investment commitments underpinning an extension of the adjustment period and the progress in reducing the investment gaps referred to in Article 12(aa).
2023/10/26
Committee: ECON
Amendment 932 #

2023/0138(COD)

Proposal for a regulation
Article 21 – paragraph 1
The Commission shall monitor the implementation of the national medium- term fiscal-structural plan, and in particular,including the net expenditure path and the reform and investment commitments.
2023/10/26
Committee: ECON
Amendment 948 #

2023/0138(COD)

Proposal for a regulation
Article 22 – paragraph 1
Each national independent fiscal institution referred to in Article 8 of Council Directive […]32 [on the national budgetary frameworks] shall provide an assessment of compliance of the budgetary outturns dobserved net expenditure patah reported in the progress report referred to in Article 20 with the net expenditure path planned in the ongoing national medium-term fiscal-structural plan . Where applicable, each national independent fiscal institution shall also analyse the factors underlying a deviation from the net expenditure path. Each national independent fiscal institution shall provide, or endorse, estimations of national public and private investment gaps to achieve the priorities of the Union listed in Article 12, point (ba) _________________ 32 Council Directive […] of […] [amending Council Directive 2011/85/EU on requirements for budgetary frameworks of the Member States] (OJ …., …, p,…)
2023/10/26
Committee: ECON
Amendment 967 #

2023/0138(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. In the event of a significant risk of deviation from the net expenditure path or a risk that the government deficit may exceed the 3% of GDP reference value, the Commission may address a warning to the Member State concerned in accordance with Article 121(4) TFEU.
2023/10/26
Committee: ECON
Amendment 971 #

2023/0138(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. On the basis of a Commission recommendation, the Council shall, within one month of the Commission warning referred to in paragraph 1, adopt a recommendation to the Member State concerned for the necessary policy measures, in accordance with Article 121(4) TFEU.deleted
2023/10/26
Committee: ECON
Amendment 984 #

2023/0138(COD)

Proposal for a regulation
Article 24 – paragraph 2
As long as the severe economic downturn in the euro area or the Union as a whole persists, the Commission shall continue to monitor debt sustainability, compatibility of policies and investments with the common objectives listed in Article 12, in particular the transition to climate neutrality by 2050 and ensure policy coordination and a consistent policy mix that takes into account the euro area and the Union dimension.
2023/10/26
Committee: ECON
Amendment 998 #

2023/0138(COD)

Proposal for a regulation
Article 25 – paragraph 1
On a recommendation from the Commission, the Council may adopt a recommendation allowing a Member State to deviate from its net expenditure path where exceptional circumstances outside the control of the Member State lead to a majorsignificant impact on the public finances of the Member State concerned, provided it continuously supports European common objectives listed in Article 12 and in particular a transition to climate neutrality by 2050 and does not endanger fiscal sustainability in the medium term. The Council shall specify a time-limit for such a deviation.
2023/10/26
Committee: ECON
Amendment 1013 #

2023/0138(COD)

Proposal for a regulation
Article 26 – paragraph 1
The European Parliament shall be duly involved in the European Semester in order to increase the transparency and ownership of, and the accountability for the decisions taken, in particular by means of an economic dialogue as well as for setting macroeconomic and social policy priorities . The Economic and Financial Committee, the Economic Policy Committee, the Employment Committee and the Social Protection Committee shall be consulted within the framework of the European Semester where appropriate. Relevant stakeholders, in particular the social partners, shall be involved within the framework of the European Semester, on the main policy issues where appropriate, in accordance with the provisions of the TFEU and national legal and political arrangements.
2023/10/26
Committee: ECON
Amendment 1030 #

2023/0138(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. Where a Member State fails to implement the reform and investment commitments included in its national medium-term fiscal-structural plan to address the country-specific recommendations that are relevant for the Macroeconomic Imbalance Procedure established by Regulation (EU) No 1176/2011, and wheren this leads the Commission to considers that the Member State concerned is affected by excessive imbalances in accordance with Article 7(1) of that Regulation, the procedure laid down in Article 7(2) of Regulation (EU) No 1176/2011 shall apply.
2023/10/26
Committee: ECON
Amendment 1042 #

2023/0138(COD)

Proposal for a regulation
Article 32 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 33 to amend Annexes II to VII to adapt them to take due account of further developments or needs regarding the information in the national medium-term fiscal-structural plan (Annex II) or in the annual progress reports (Annex III), regarding the functioning of the control account (Annex IV), regarding the methodology for the assessment of plausibility (Annex V), regarding the common priorities of the Union (Annex VI) or regarding the assessment framework (Annex VII).
2023/10/26
Committee: ECON
Amendment 1063 #

2023/0138(COD)

Proposal for a regulation
Article 36 – paragraph 2 – point a
(a) the effectiveness of this Regulation, particularly whether the provisions governing decision-making have proved sufficiently efficient in ensuring a downward path for public debt ratios or maintaining them at to promote debt sustainability and sustainable and inclusive growth in the Member States and prudevent levels in accordance with the relevant Council recommendationthe occurrence of excessive government deficits;
2023/10/26
Committee: ECON
Amendment 1067 #

2023/0138(COD)

Proposal for a regulation
Article 36 – paragraph 2 – point b
(b) the progress in ensuring closer coordination of economic policies and sustaineable upward convergence of economic and social performances of the Member States.
2023/10/26
Committee: ECON
Amendment 1075 #

2023/0138(COD)

Proposal for a regulation
Annex I
Criteria for setting the technical trajectory for Member States having a public debt above 60% of GDP reference value or government deficit above 3% of GDP reference value For Member States having public debt above the 60% of GDP reference value or government deficit above the 3% of GDP reference value, the technical trajectory shall ensure that: (a) by the end of the adjustment period, at the latest, the 10-year debt trajectory in the absence of further budgetary measures is on a plausibly downward path or stays at prudent levels; (b) the government deficit is brought and maintained below the 3% of GDP reference value in the absence of further budgetary measures over the same 10- year period; (c) for the years that the Member State concerned is expected to have a deficit above the 3% of GDP reference value, and the excess is not close and temporary, the technical trajectory is also consistent with the benchmark referred to under Article 3 of Council Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure as amended by Regulation [X]; (d) the adjustment effort is not postponed towards the final years of the adjustment period, that is to say the fiscal adjustment effort over the period of the national medium-term fiscal-structural plan is at least proportional to the total effort over the entire adjustment period; (e) the public debt ratio at the end of the planning horizon is below the public debt ratio in the year before the start of the technical trajectory; and (f) national net expenditure growth remains below medium-term output growth, on average, as a rule over the horizon of the plan.deleted
2023/10/26
Committee: ECON
Amendment 1112 #

2023/0138(COD)

Proposal for a regulation
Annex II – paragraph 1 – point f
(f) In case the Member State makes use of assumptions referred to under point (e) that differ from the Commission’s assumptions over the adjustment period of the national medium-term fiscal-structural plan and the subsequent10-year period in the absence of further budgetary measures, due explanations and justifications based on sound economic arguments of these differences.ly justified
2023/10/26
Committee: ECON
Amendment 1117 #

2023/0138(COD)

Proposal for a regulation
Annex II – paragraph 1 – point h
(h) If applicable, the duly substantiated reasons (with relevant sound and verifiable economic arguments) for deviating from the technical trajectory put forward by the Commission.
2023/10/26
Committee: ECON
Amendment 1121 #

2023/0138(COD)

Proposal for a regulation
Annex II – paragraph 1 – point j
(j) Total public investment expenditure, as well as rReforms and public investment expenditure addressing the common priorities of the Union referred to in Annex VI.rticle 12 (ba)
2023/10/26
Committee: ECON
Amendment 1125 #

2023/0138(COD)

Proposal for a regulation
Annex II – paragraph 1 – point l
(l) A quantification, as much as possible, of the expected impacts of reforms and investment referred to under point (k) on fiscal sustainability, growth and employment, where applicable in line with commonly agreed methodologies.sustainable and inclusive growth, competitiveness and quality employment as well as upward social convergence;
2023/10/26
Committee: ECON
Amendment 1132 #

2023/0138(COD)

Proposal for a regulation
Annex II – paragraph 1 – point o
(o) The planned overall level of nationally financed public investment covering the period of the national medium-term fiscal-structural plan.deleted
2023/10/26
Committee: ECON
Amendment 36 #

2023/0137(CNS)

Proposal for a regulation
Recital 14
(14) When assessing the existence of an excessive deficit in accordance with Article 126(3) TFEU, the Commission should take into account, as a key relevant factor, the degree of debt challenge in the Member State concerned. A substantial public debt challenge established according to the most recent Debt Sustainability Monitor should be considered a key factor leading to the opening of an EDP as a rule. Since, in accordance with Article 126(3) TFEU, the Commission is to take into account all other relevant factors, in so far as they significantly affect the assessment of compliance with the deficit and debt criteria by the Member State concerned, that should include in particular the developments in the medium-term economic position and the developments in the medium-term budgetary position, and the implementation of structural reforms and investment. In order to increase national ownership, the independent fiscal institutions referred to in Article 8 of Council Directive [on the national budgetary frameworks]24 , should provide an opinion on the relevant factors. __________________ 24 Council Directive […] of […] [amending Council Directive 2011/85/EU on requirements for budgetary frameworks of the Member States] (OJ L …, …, p….).deleted
2023/10/25
Committee: ECON
Amendment 42 #

2023/0137(CNS)

Proposal for a regulation
Recital 15
(15) To keep track of actual and planned annual deviations from the net expenditure path as set out in Annex IV to Regulation (EU) [on the preventive arm], the Commission should set up a control account for each Member State summing those deviations over time. The information in the control account should be the basis of enforcement actions, in particular of a report pursuant to Article 126(3) TFEU following a deviation from the net expenditure path. At the same time, the degree of ambition of the net expenditure path in the national medium- term fiscal-structural plan referred to in Regulation (EU) [on the preventive arm] should be considered when deciding on the opening of a debt-based EDP. In particular, if the Member State’s net expenditure path set by the Council is more ambitious than the medium-term technical trajectory put forward by the Commission in accordance with Regulation (EU) [on the preventive arm] and the deviation from the path is not significant when measured against this trajectory, the opening of an excessive deficit procedure should be avoided.
2023/10/25
Committee: ECON
Amendment 46 #

2023/0137(CNS)

Proposal for a regulation
Recital 16
(16) The corrective net expenditure path under the EDP should bring or keep the general government deficit durably below the reference value of 3 % of GDP referred to in Article 126(2) TFEU and Protocol No 12 by the deadline established by the Council. The corrective net expenditure path under the EDP should also ensure sufficient progress during the period covered by the recommendation regarding putting the projected debt ratio on a plausibly downward path or remaining at a prudent level. When setting the corrective net expenditure path under the EDP, the Council should also ensure that there is no back-loading of the required primary structural fiscal adjustment effort. The corrective net expenditure path under the EDP would in principle be the one originally set by the Council, while taking into account the need to correct the deviation from that path. In case the original path is no longer feasible, due to objective circumstances, the Council should be able to set a different path under the EDP.
2023/10/25
Committee: ECON
Amendment 53 #

2023/0137(CNS)

Proposal for a regulation
Recital 19
(19) Independent fiscal institutions have proven their capacity to foster fiscal discipline and strengthen the credibility of Member States’ public finances. In order to enhance national ownership, the role of independent fiscal institutions, traditionally mandated to monitor compliance with the national framework, should be expandadapted to the economic governance framework of the Union.
2023/10/25
Committee: ECON
Amendment 102 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 1
The Commission, when preparing a report under Article 126(3) TFEU, shall take into account as a key relevant factor the degree of debt challenges in the Member State concerned. In particular, where the Member State faces substantial public debt challenges according to the most recent Debt Sustainability Monitor, it shall be considered a key factor leading to the opening of an excessive deficit procedure as a rule.deleted
2023/10/25
Committee: ECON
Amendment 146 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) 1467/97
Article 2 – paragraph 3 – subparagraph 3 – point d a (new)
(da) the investments made in defence to ensure open strategic autonomy and in the green transition to achieve the climate goals;
2023/10/25
Committee: ECON
Amendment 191 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation 1467/97
Article 3 – paragraph 4 – subparagraph 1
The Council recommendation made in accordance with Article 126(7) TFEU shall establish a maximum deadline of six months for effective action to be taken by the Member State concerned. When warranted by the seriousness of the situation, the deadline for effective action may be three months. The Council recommendation shall also establish a deadline for the correction of the excessive deficit. In its recommendation, the Council shall also request that the Member State implements a corrective net expenditure path, which ensures that the general government deficit remains or is brought and maintained below the reference value within the deadline set in the recommendation. For the years when the general government deficit is expected to exceed the reference value, the corrective net expenditure path shall be consistent with a minimum annual primary structural fiscal adjustment of at least 0,5% of GDP as a benchmark.
2023/10/25
Committee: ECON
Amendment 195 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation 1467/97
Article 3 – paragraph 4– subparagraph 2
The corrective net expenditure path shall also put the debt ratio on a plausibly downward path or keep it at a prudent level having regard to the criteria established in Annex Irticle 6 of Regulation (EU) [on the preventive arm]. The corrective net expenditure path shall ensure that the average annual fiscal adjustment effort in the first three years is at least as high as the average annual fiscal effort of the total adjustment period.
2023/10/25
Committee: ECON
Amendment 222 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Any Council decision to give notice to the participating Member State concerned to take measures for the deficit reduction in accordance with Article 126(9) TFEU shall be taken within two months of the Council decision under Article 126(8) TFEU establishing that no effective action has been taken. In the notice, the Council shall request that the Member State implements a corrective net expenditure path which ensures that the general government deficit remains or is brought and maintained below the reference value within the deadline set in the notice. For the years where the general government deficit is expected to exceed the reference value, the corrective net expenditure path shall be consistent with a minimum annual primary structural fiscal adjustment of at least 0,5% of GDP as a benchmark.
2023/10/25
Committee: ECON
Amendment 223 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Regulation 1467/97
Article 5 – paragraph 1 – subparagraph 2
The corrective net expenditure path shall also put the debt ratio on a plausibly downward path or keep it at a prudent level having regard to the criteria established in Annex Irticle 6 of Regulation (EU) [on the preventive arm]. The corrective net expenditure path shall ensure that the average annual fiscal adjustment effort in the first three years is at least as high as the average annual fiscal effort of the total adjustment period. The Council shall also indicate measures conducive to the achievement of the corrective net expenditure path.;
2023/10/25
Committee: ECON
Amendment 40 #

2023/0105(COD)

Proposal for a directive
Recital 3
(3) In light of the close link between the quality of honey and its origin and the need for the consumer not to be misled regarding the quality of the product, Directive 2001/110/EC lays down rules on the labelling of the origin where the honey has been harvested. In particular, Article 2(4) of that Directive requires the country or countries of origin where the honey has been harvested to be indicated on the label and provides that, if honey originates in more than one Member State or third country, the mandatory indication of the countries of origin may be replaced by one of the following, as appropriate: ‘blend of EU honeys’, ‘blend of non-EU honeys’, ‘blend of EU and non-EU honeys’. The different rules adopted on this basis by Member States may have misled consumers and may have hindered the functioning of the internal market. In the light of the Farm to Fork Strategy’s objective of strengthening consumers in making informed choices, including on the origin of their food, and in the interest to preserve the efficient functioning of the internal market throughout the Union through a harmonisation of the labelling rules, it is appropriate to revise the rules for honey origin labelling and provide that the country or countries of origin should be mentioned on the packaging. In light of the reduced size of the packs containing only a single portion of honey (breakfast packs) and the resulting technical difficulties, it is therefore appropriate to exempt those packs from the obligation of listing all individual countries of origin, where the honey originates in more than one country. To ensure the accuracy of the information on the country or countries of origin of honey that consumers are provided with, the placing on the market of honey should be conditional upon the accuracy of the composition of the product with its indicated country or countries of origin. To ensure the compliance of products with the requirements set out in this Directive, checks should be performed by competent authorities.
2023/10/03
Committee: ENVI
Amendment 42 #

2023/0105(COD)

(3) In light of the close link between the quality of honey and its origin and the need for the consumer not to be misled regarding the quality of the product, Directive 2001/110/EC lays down rules on the labelling of the origin where the honey has been harvested. In particular, Article 2(4) of that Directive requires the country or countries of origin where the honey has been harvested to be indicated on the label and provides that, if honey originates in more than one Member State or third country, the mandatory indication of the countries of origin may be replaced by one of the following, as appropriate: ‘blend of EU honeys’, ‘blend of non-EU honeys’, ‘blend of EU and non-EU honeys’. The different rules adopted on this basis by Member States may have misled consumers and may have hindered the functioning of the internal market. In the light of the Farm to Fork Strategy’s objective of strengthening consumers in making informed choices, including on the origin of their food, and in the interest to preserve the efficient functioning of the internal market throughout the Union through a harmonisation of the labelling rules, it is appropriate to revise the rules for honey origin labelling and provide that the country or countries of origin should be mentioned on the packaging. In light of the reduced size of the packs containing only a single portion of honey (breakfast packs) and the resulting technical difficulties, it is therefore appropriate to exempt those packs from the obligation of listing all individual countries of origin, where the honey originates in more than one country.
2023/10/03
Committee: ENVI
Amendment 52 #

2023/0105(COD)

Proposal for a directive
Recital 3 a (new)
(3a) Following the "From the Hive" action carried out by the European Commission's Directorate-General for Health and Food Safety (DG SANTE), together with the national authorities of 18 countries belonging to the European Food Fraud Network, the European Anti- Fraud Office (OLAF) and the European Commission's Joint Research Centre (JRC), a very high percentage of imported honeys were found to be adulterated with cheap ingredients, such as sugar syrups and water, to artificially increase the product's volume. Directive 2001/110, amended by Directive 2014/63, empowers the European Commission to establish the most appropriate methods of analysis to ensure that honey marketed in the European Union complies with the requirements of the legislation. These methods are now obsolete, and there is an urgent need to update them regularly in the light of the latest scientific developments, in collaboration with the Commission's Joint Research Centre, in order to prevent fraudulent practices and to ensure a level-playing field between EU and non-EU operators.
2023/10/03
Committee: ENVI
Amendment 63 #

2023/0105(COD)

Proposal for a directive
Recital 3 b (new)
(3b) In addition to verifiability of the origin of honey thanks to the testing of its composition, the traceability of the product or batch should be ensured. At present, traceability rules do not make it possible to link the various operators who come into contact with the product, which encourages fraud. Given the difficulties involved in tracing the origin of honey, a specific traceability system needs to be set up for this sector.
2023/10/03
Committee: ENVI
Amendment 69 #

2023/0105(COD)

Proposal for a directive
Recital 3 c (new)
(3c) To ensure accurate information for consumers and guarantee the traceability and verifiability of honey authenticity and honey origins, ultrafiltered honey, referred to in Directive 2001/110/EC as "filtered honey", should no longer be allowed to be marketed and labelled as "honey". Ultrafiltration refers to filtration processes using a filter mesh of a size under 100 µm thus removing the majority of the pollen from honey. Since pollen is the key element present in honey used to trace its origin when analysed, the absence of pollen in honey makes it almost impossible to verify the data provided regarding its country or countries of origin. Ultrafiltration thus alters honey by depriving it of one of its main components and characteristics, and prevents its traceability, thus enabling for fraud and misleading indications for consumers. If, when tested, a product marketed as honey presents little or no trace of pollen, it should be prohibited from being placed on the market as well as the batch it is part of, if applicable.
2023/10/03
Committee: ENVI
Amendment 76 #

2023/0105(COD)

Proposal for a directive
Recital 3 d (new)
(3d) Considering the direct link between information of consumers and the reliability of the information indicated on honey, it is impossible to inform consumers unless the accuracy of the information on the label is guaranteed. Traceability and verifiability of the composition should therefore be ensured in order to guarantee the origin and the quality of honey, including in the case of honey contained in other products. Ensuring traceability and verifiability of the honey's country or countries of origin will also ensure a level-playing field between all operators by making sure that they all comply with the same obligations.
2023/10/03
Committee: ENVI
Amendment 148 #

2023/0105(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2001/110/EC
Article 2 – paragraph 4 – point a
(a) The country of origin where the honey has been harvested shall be indicated on the label. If the honey originates infrom more than one country, the countries of origin where the honey has been harvested shall be indicated on the label of packs; If the honey has been harvested in third countaining more than 25 g;ries only, or if third countries account for at least 80% of the countries of origin of a blend, this information shall be indicated clearly on the front-of-pack label close to the brand name of the product. This indication is additional to the mandatory list of countries of origin provided for in this Article. This shall also apply to products containing industrial honey, which shall indicate on their front-of-pack label that the honey they contain is mainly originating from third countries.
2023/10/03
Committee: ENVI
Amendment 150 #

2023/0105(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2001/110/EC
Article 2 – paragraph 4 – point a
(a) The country of origin where the honey has been harvested shall be indicated on the label. If the honey originates in more than one country, the countries of origin where the honey has been harvested shall be indicated on the label of packs. All countaining more than 25 g;ries of origin shall be written in full and listed in descending order of importance and their respective percentages shall be clearly indicated on the front-of-pack label of the product, close to the product's trade name. This shall also apply to products containing industrial honey, which shall indicate on their front-of-pack label the country or countries of origin of the honey they contain.
2023/10/03
Committee: ENVI
Amendment 176 #

2023/0105(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2001/110/EC
Article 2 – paragraph 4 – point b
(b) For the purposes of Regulation (EU) No 1169/2011 and in particular Articles 12 to 15 thereof, the particulars to be indicated according to point (a) of this paragraph shall be considered as mandatory particulars in accordance with Article 9 of that Regulation., and misleading claims and information as defined pursuant to the Green Claims Directive (2023/0085 (COD)) and the Directive on empowering consumers for the green transition (2022/0092 (COD)) shall be prohibited from appearing on the product.
2023/10/03
Committee: ENVI
Amendment 177 #

2023/0105(COD)

Proposal for a directive
Article 1 – paragraph 1 a (new)
The following Article 2a is added : "Article 2a Honey and products containing honey placed on the Union market shall be part of a traceability system such as an identification code or a blockchain system. Competent authorities shall be able to trace the honey’s journey back to its country of origin. Operators placing honey and products containing honey on the market shall be able to trace it, via an identification number or blockchain system, to its previous operator and country of origin. This number shall be written on the product's label and/or documentation. This traceability system shall be supported by the traceability requirements established pursuant to Article 18 of Regulation (EC) No 178/2002."
2023/10/03
Committee: ENVI
Amendment 194 #

2023/0105(COD)

Proposal for a directive
Article 1 – paragraph 1 b (new)
Directive 2001/110/EC
Article 4 a (new)
The following Article 4a is added: "Article 4a 1. The Commission is empowered to adopt delegated acts no later than [OP: Please insert the date = 12 months after the date of entry into force of this Directive] establishing a harmonised methodology to determine the precise origins of honey. This methodology shall enable competent authorities to trace honey back to its country or countries of origin by means of laboratory testing or any other method deemed appropriate. 2. From [OP: Please insert the date = 18 months after the date of entry into force of this Directive], the placing on the market of imported honey shall be conditional upon its compliance with the traceability requirements set out in this Article. Product checks shall be carried out by competent authorities, to verify consistency with the indicated country or countries of origin. The competent authorities shall carry out checks within their territory to establish whether the relevant products that the operator or trader has placed or intends to place on the market comply with this Directive. The competent authorities shall use a risk-based approach to identify the checks to be carried out. Risk criteria shall be identified based on an analysis of risks of non-compliance with this Directive, taking into account in particular the complexity and the length of supply chains, including whether blending of honeys of several countries of origin is involved. 3. These checks shall be performed based on a two-tier system for the assessment of countries. For that purpose, Member States and third countries shall be classified into one of the following risk categories: (a) ‘high risk’ refers to countries for which the assessment referred to in paragraph 4 results in the identification of a high risk of producing in such countries products whose composition does not comply with the characteristics set out in Annex II of this Directive; (b) ‘normal risk’ refers to countries for which the assessment referred to in paragraph 4 concludes that there is sufficient assurance that instances of producing products whose composition does not comply with characteristics set out in Annex II of this Directive, in such countries are exceptional; 4. By [OP: Please insert the date = 12 months after the date of entry into force of this directive], all countries shall be assigned a standard level of risk. The Commission, in collaboration with the Commission's Joint Research Centre, shall classify countries that present a normal or high risk in accordance with paragraph 3. The list of the countries that present a normal or high risk shall be published by means of delegated acts. That list shall be reviewed, and updated if appropriate, as often as necessary in light of new evidence. The classification of normal-risk and high-risk countries, pursuant to paragraph 3 shall be based on an objective and transparent assessment by the Commission, taking into account the latest scientific evidence and internationally recognised sources. 5. By [OP: Please insert the date = 12 months after the date of entry into force of this directive], each Member State shall designate a competent authority to perform the checks. 6. If a check reveals non-compliance with the requirements set out in this Directive, the placing on the market of the product or batch, if applicable, shall be prohibited. 7. Each Member State shall ensure that the annual checks carried out by its competent authorities pursuant to paragraph 3 of this Article cover at least 5 % of the operators placing on the market honey produced in a country of production classified as normal risk in accordance with this Article. 8. Each Member State shall ensure that the annual checks carried out by its competent authorities pursuant to paragraph 3 of this Article cover at least 10 % of the operators placing on the market honey produced in a country of production classified as high risk in accordance with this Article."
2023/10/03
Committee: ENVI
Amendment 210 #

2023/0105(COD)

Proposal for a directive
Article 1 – paragraph 1 a (new)
In Annex II, paragraph 2 is replaced by the following: "When placed on the market as honey or used in any product intended for human consumption, honey shall not have added to it any food ingredient, including food additives, nor shall any other additions be made other than honey. Honey must, as far as possible, be free from organic or inorganic matters foreign to its composition. With the exception of point 3 of Annex I, iIt must not have any foreign tastes or odours, have begun to ferment, have an artificially changed acidity or have been heated in such a way that the natural enzymes have been either destroyed or significantly inactivated. , or have been exposed to vacuum evaporation. The category "products containing honey" therefore does not include honey blended with food ingredients or other additional ingredients." Or. en (02001L0110)
2023/10/03
Committee: ENVI
Amendment 218 #

2023/0105(COD)

Without prejudice to point 2(b)(viii) of Annex I, neiIn Annex II, paragraph 3 is replaced by the following: "No significant change in ther pollen nor any other constituent particular to honey, may be removed except where this is unavoidable in the removal of foreign inorganic or organic matter. count or pollen spectrum of pollen smaller than 100 µm is permitted. No constituents of honey smaller than 100 µm may be removed." Or. en (02001L0110)
2023/10/03
Committee: ENVI
Amendment 272 #

2023/0105(COD)

Proposal for a directive
Annex I – paragraph 1 – point 1 – point a Directive 2001/112/EC
By [OP: Please insert the date = date of entry into force of this Directive], the list of essential physical, chemical, organoleptical and nutritional characteristics of an average type of juice, other than the sugar of the fruit from which it comes, shall be established by the European Food Safety Agency.
2023/10/03
Committee: ENVI
Amendment 116 #

2023/0085(COD)

Proposal for a directive
Recital 31
(31) In order to meet both the needs of traders regarding dynamic marketing strategies and the needs of consumers regarding more detailed, and more accurate, environmental information, the Commission mayshall adopt delegated acts to supplement the provisions on substantiation of explicit environmental claims by further specifying the criteria for such substantiation with regard to certain claims (e.g. climate-related claims, including claims about offsetsting, “climate neutrality” or similar,, “carbon neutrality”, “net zero” or similar, as well as claims about recyclability and recycled content). The Commission should be empowered to further establish rules for measuring and calculating the environmental impacts, environmental aspects and environmental performance, by determining which activities, processes, materials, emissions or use of a product or trader contribute significantly or cannot contribute to the relevant environmental impacts and environmental aspects; by determining for which environmental aspects and environmental impacts primary information should be used; and by determining the criteria to assess the accuracy of primary and secondary information. While in most cases the Commission would consider the need for adopting these rules only after having the results of the monitoring of the evolution of environmental claims on the Union market, for some types of claims it may be necessary for the Commission to adopt supplementary rules before the results of this monitoring are available. For example, in case of climate-related claims it maywill be necessary to adopt such supplementary acts in order to operationalise the provisions on substantiation of claims based on offsecarbon removals to align them and make them interoperable with the Carbon Removal Certification Framework and its related delegated acts.
2023/11/14
Committee: ENVIIMCO
Amendment 227 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2 a. Within one year after entry into force of this Directive the Commission shall adopt a Delegated Act including the list of all environmental claims which are either fully excluded from the scope or for which only specific articles will apply, clarifying the scope of exemptions set out as pursuant to paragraph 2 of this Article. The list should be updated as needed, when new legislation is adopted or when legislations covered in paragraph 2 of this Article are revised.
2023/11/14
Committee: ENVIIMCO
Amendment 230 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 b (new)
2 b. Future Union rules (both new and revised) that aim to cover claims outside of this legislation’s scope should provide a level of requirements at least equivalent to the Green Claims Directive.Notably, the principles of reliability, comparability and verifiability of claims should be upheld. The following elements should be at least equivalent: (a) the level of disclosure of information; (b) the requirements on third party verification prior to the claim being put on the market; (c) the level of enforcement. The Commission is empowered to provide this assessment of equivalence, and add new or revised legislation in the list mentioned in paragraph 2a (new) of this Article when at least equivalence is guaranteed.
2023/11/14
Committee: ENVIIMCO
Amendment 345 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point h
(h) separate any gnot rely on any ‘offsetting’ for products, traders or as a means to achieve future enhouse gas emissions offsets used from greenhouse gas emissionsvironmental performance, and shall separate any financial contributions to environmental projects from the climate or environmental impact of the product or trader as additional environmental information,. This assessment shall also specify whether those offsetcontributions relate to emission or impact, reductions or removals, and describe how the offseprojects relied upon are of high integrity and accounted for correctly to reflect the claimed impact on climate;
2023/11/14
Committee: ENVIIMCO
Amendment 369 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point j a (new)
(j a) ensure, for net zero or climate neutrality claims, that only residual emissions are balanced with carbon removal credits certified under Carbon Removal Certification Framework, respecting the like-for-like principle, by indicating the share of residual emissions within total emissions, the share of biogenic and fossil emissions within these residual emissions; and the quantity and storage medium (geochemical or biological) of the certified carbon removal credits that have been retired to balance the residual emissions; provide the relevant certificates and the additional information included in them; show that the credits used to compensate for residual emissions are appropriately retired from the Union Registry developed under the Carbon Removal Certification Framework.
2023/11/14
Committee: ENVIIMCO
Amendment 387 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 3 a (new)
3 a. To supplement the provisions on the substantiation of net zero or climate neutrality claims, the Commission shall adopt a delegated act to establish the criteria for such substantiation, including establishing a transparent process for defining and classifying residual emissions based on impact assessments and multi-stakeholder consultations, including with the possible involvement of the European Scientific Advisory Board on Climate Change.
2023/11/14
Committee: ENVIIMCO
Amendment 398 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 4 a (new)
4 a. By ... [1 year from the date of entry into force of this Directive], the Commission shall identify the most common explicit environmental claims made on the Union market and publish a list of claims that the Commission intends to supplement with the delegated act referred to in paragraph 4. That list shall be updated every 3 years.
2023/11/14
Committee: ENVIIMCO
Amendment 660 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 9
9. The Commission shall adopt implementing acts to set out details regarding the form of the certificate of conformity referred to in paragraph 5 and the technical means for issuing such certificate of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19. For net zero and climate neutrality claims, the implementing acts shall ensure the streamlining of certificates of conformity by making them interoperable with the Union Registry and carbon removal certificates under the Carbon Removal Certification Framework.
2023/11/14
Committee: ENVIIMCO
Amendment 169 #

2023/0081(COD)

Proposal for a regulation
Recital 57 a (new)
(57a) More participative, transparent and qualitative consultation methods will help to improve acceptance of industrial projects in local areas. Member States may run in parallel the examination phase and the public consultation phase in order to extend the public consultation period. In such cases, public consultation will begin at the same time as the project is examined by the environmental authority. It may start as soon as the file submitted by the project developer is deemed to be complete by the competent administrative authority.
2023/06/15
Committee: ENVI
Amendment 176 #

2023/0081(COD)

Proposal for a regulation
Recital 60 a (new)
(60a) Member States may designate Net- Zero Industry Valleys those areas that are particularly suitable to develop a strong industrial and economic ecosystem. In the designation of Net-Zero Industry Valleys, Member States may proceed to an overall preliminary consultation of the given geographical area in order to present the public with an overall view of all the planned or expected industrial projects envisaged in the area.
2023/06/15
Committee: ENVI
Amendment 351 #

2023/0081(COD)

Proposal for a regulation
Article 7 – paragraph 4 a (new)
4a. Public consultation may begin at the same time as the project is examined by the environmental authority, as soon as the file submitted by the project developer is deemed to be complete by the competent administrative authority.
2023/06/15
Committee: ENVI
Amendment 356 #

2023/0081(COD)

Proposal for a regulation
Article 7 – paragraph 4 b (new)
4b. In the designation of Net-Zero Industry Valleys, Member States may proceed to an overall preliminary consultation of the given geographical area including an overall view of all the planned or expected industrial projects envisaged in the area.
2023/06/15
Committee: ENVI
Amendment 14 #

2023/0079(COD)

Proposal for a regulation
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union. Fifthly, limiting the increase in demand for critical raw materials will strengthen the strategic autonomy of the Union while at the same time reduce our global environmental footprint. Therefore, it is necessary to develop an indicator to monitor the evolution of the level of criticality and material efficiency of intermediate and final products containing critical raw materials.
2023/06/05
Committee: ENVI
Amendment 91 #

2023/0079(COD)

Proposal for a regulation
Recital 26
(26) Within the Union, critical raw materials projects often face difficulties with access to finance. Critical raw materials markets are often characterised by high volatility of prices, long lead times, high concentration and opacity. Additionally, financing for the sector requires a high level of expert knowledge that is often lacking among financial institutions. To overcome these factors and contribute towards ensuring a stable and reliable supply of strategic raw materials, Member States and the Commission should assist in access to finance and administrative support. Given the essential nature of critical raw materials for the green transition, the Commission shall adopt as soon as possible a delegated act under the Taxonomy Regulation (EU) 2021/523 defining the technical screening criteria for mining and refining, based on the work of the Platform on Sustainable Finance.
2023/06/05
Committee: ENVI
Amendment 188 #

2023/0079(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 11
(11) ‘recycling’ means any recovery operation by which waste materials, including black mass, are reprocessed into products, materials or substances whether for the original or other purposes;
2023/06/05
Committee: ENVI
Amendment 189 #

2023/0079(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) ‘Union recycling capacity’ means an aggregate of the maximum annual production volume of recycling operations for strategic raw materials, including the sorting and pre-treatment of waste, including black mass, and its processing into secondary raw materials, located in the Union;
2023/06/05
Committee: ENVI
Amendment 464 #

2023/0079(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
(ea) take necessary measures in order to prevent that products and materials that are exported under an end of waste status fulfill the provisions in accordance with directive 2008/98/EC and the EU regulations thereof
2023/06/05
Committee: ENVI
Amendment 516 #

2023/0079(COD)

Proposal for a regulation
Article 25 – paragraph 7 a (new)
7a. By 31 December 2023, the Commission shall develop dedicated waste codes for Lithium-ion batteries and black masses under the European List of Waste.
2023/06/05
Committee: ENVI
Amendment 517 #

2023/0079(COD)

Proposal for a regulation
Article 25 a (new)
Article25a Monitoring the level of criticality and material efficiency 1. By 31 December 2024, the Commission shall adopt a delegated act to lay down the methodology to monitor the level of criticality and material efficiency of intermediate or final products containing critical raw materials. 2. The Commission shall adopt implementing acts specifying a list of intermediate or final products including critical raw materials for which the level of criticality and material efficiency shall be monitored. 3. After 31 December 2027, the Commission may adopt delegated act supplementing this Regulation by laying down minimum requirements for reducing the level of criticality and material efficiency of intermediate and final products containing critical raw materials.
2023/06/05
Committee: ENVI
Amendment 553 #

2023/0079(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. The Commission shall adopt an implementing act establishing the format for the labelling referred to in paragraph 1, [OP please insert: 3 years after the date of entry into force of this Regulation ]. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 37(3).
2023/06/05
Committee: ENVI
Amendment 577 #

2023/0079(COD)

Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1
After 31 December 203026, the Commission mayshall adopt delegated acts supplementing this Regulation by laying down minimum shares for neodymium, dysprosium, praseodymium, terbium, boron, samarium, nickel and cobalt recovered from post- consumer waste that must be present in the permanent magnet incorporated in the products referred to in paragraph 1.
2023/06/05
Committee: ENVI
Amendment 590 #

2023/0079(COD)

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Governments or, organisations or industrial companies that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
2023/06/05
Committee: ENVI
Amendment 594 #

2023/0079(COD)

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Applications referred in the first subparagraph shall contain any relevant evidence related to the fulfilment of the criteria laid down in Annex IV. The Commission shall be empowered to adopt implementing acts specifying the information that applications shall at least contain. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3) [OP please insert : three years after the entry into force of this regulation].
2023/06/05
Committee: ENVI
Amendment 601 #

2023/0079(COD)

Proposal for a regulation
Article 29 – paragraph 3
3. The Commission shall periodicallyat least every two years verify that recognised schemes continue to fulfil the criteria laid down in Annex IV.
2023/06/05
Committee: ENVI
Amendment 628 #

2023/0079(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 36 to supplement this Regulation by establishing rules for the calculation and verification of the environmental footprint of different critical raw materials, in accordance with Annex V and taking into account scientifically sound assessment methods and relevant international standards. The calculation and verification rules shall identify which is the most important impact category. The footprint declaration shall be limited to that impact category. The calculation rules shall cover all the impact categories of the PEF method, including the carbon footprint.
2023/06/05
Committee: ENVI
Amendment 636 #

2023/0079(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. The Commission mayshall adopt not later than three years after the entry into force of this Regulation, calculation and verification rules for a specific critical raw material if it has concluded, having considered the various relevant environmental impact categories, that the critical raw material in question has a significant environmental footprint and that therefore an obligation to declare the environmental footprint of that material regarding the most important impact category, when placing it on the market, is necessary and proportionate to contribute to the Union’s climate and environmental objectives by facilitating the supply of critical raw materials with lower environmental footprint.
2023/06/05
Committee: ENVI
Amendment 665 #

2023/0079(COD)

Proposal for a regulation
Article 30 – paragraph 5 – subparagraph 2
The requirement set out in the first subparagraph shall apply to each individual critical raw material type placed on the market and shall notalso apply to critical raw materials included in intermediate or final products.
2023/06/05
Committee: ENVI
Amendment 676 #

2023/0079(COD)

Proposal for a regulation
Article 30 a (new)
Article30a Environmental footprint thresholds 1. Critical raw materials shall only be placed on the EU market if their environmental footprint does not exceed any of the thresholds set out in the delegated acts adopted pursuant to paragraph 2 applicable to those products. 2. No lather than 36 months after the entry into force of this Regulation, the Commission shall adopt delegated acts to supplement this Regulation by establishing maximum environmental footprint thresholds for critical raw materials for which calculation rules have been adopted and for which no risk to security of supply was identified during the impact assesment.
2023/06/05
Committee: ENVI
Amendment 765 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point a
(a) it is open under transparent, fair and non-discriminatory terms to all economic operators willing and able to comply with the scheme’s requirements and it is of multistakeholder governance;
2023/06/05
Committee: ENVI
Amendment 769 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point b – point i
(i) requirements ensuring environmentally sustainable practices, including requirements ensuring environmental management and impact mitigation; including but not limited to the following environmental risk categories :
2023/06/05
Committee: ENVI
Amendment 771 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point b – point i a (new)
(ia) biodiversity including no damage to habitats, wildlife, flora and ecosystems, including ecosystem services as well as not practicing deep-sea tailing placement, especially for the nickel industry ;
2023/06/05
Committee: ENVI
Amendment 773 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point b – point i b (new)
(ib) air, including but not limited to air pollution, and greenhouse gas emissions and measurement (scope 1 and 2 at least) ;
2023/06/05
Committee: ENVI
Amendment 774 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point b – point i c (new)
(ic) water, including seabed and marine environment and including but not limited to water pollution, water use, water quantities and access to water ;
2023/06/05
Committee: ENVI
Amendment 775 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point b – point i d (new)
(id) soil, including but not limited to soil pollution, soil erosion, land use and land degradation ;
2023/06/05
Committee: ENVI
Amendment 776 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point b – point i e (new)
(ie) hazardous substances ;
2023/06/05
Committee: ENVI
Amendment 777 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point b – point i f (new)
(if) noise and vibration ;
2023/06/05
Committee: ENVI
Amendment 778 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point b – point i g (new)
(ig) plant safety ;
2023/06/05
Committee: ENVI
Amendment 779 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point b – point i h (new)
(ih) energy use ;
2023/06/05
Committee: ENVI
Amendment 780 #
2023/06/05
Committee: ENVI
Amendment 783 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point b – point ii
(ii) requirements for ensuring socially responsible practices, including respect for human rights and labour rights including community life of indigenous peoples;
2023/06/05
Committee: ENVI
Amendment 798 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c
(c) verification and monitoring of compliance is objective, based on international, Union or national standards, requirements and procedures and carried out independently from the relevant economic operator; including but not limited to:
2023/06/05
Committee: ENVI
Amendment 800 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point i (new)
i) Ten Principles of the United Nations Global Compact;
2023/06/05
Committee: ENVI
Amendment 801 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point ii (new)
ii) UNEP Guidelines for Social Life Cycle Assessment of Products;
2023/06/05
Committee: ENVI
Amendment 802 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point iii (new)
iii) Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment;
2023/06/05
Committee: ENVI
Amendment 803 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point iv (new)
iv) UN Paris Agreement;
2023/06/05
Committee: ENVI
Amendment 804 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point v (new)
v) Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work;
2023/06/05
Committee: ENVI
Amendment 805 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point vi (new)
vi) any other international environmental conventions that are binding upon the Union or its Member States,
2023/06/05
Committee: ENVI
Amendment 806 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point vii (new)
vii) ILO Declaration on Fundamental Principles and Rights at Work;
2023/06/05
Committee: ENVI
Amendment 807 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point viii (new)
viii) The International Bill of Human Rights, including the international covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
2023/06/05
Committee: ENVI
Amendment 808 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point ix (new)
ix) UN Guiding Principles on Business and Human Rights ;
2023/06/05
Committee: ENVI
Amendment 809 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point x (new)
x) OECD Guidelines for Multinational Enterprises ;
2023/06/05
Committee: ENVI
Amendment 810 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point xi (new)
xi) OECD Due diligence for Responsible Business Conduct ;
2023/06/05
Committee: ENVI
Amendment 811 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point xii (new)
xii) OECD Due diligence Guidance for Responsible Supply Chains of Minerals from Conflit-Affected and High-Risks Areas ;
2023/06/05
Committee: ENVI
Amendment 812 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point c – point xiii (new)
xiii) OECD Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector
2023/06/05
Committee: ENVI
Amendment 818 #

2023/0079(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
(da) it includes sufficient requirements to ensure transparent public reporting including but not limited to a detailed audit-report at site level
2023/06/05
Committee: ENVI
Amendment 1 #

2023/0064(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114 and 168(4)(c) thereof,
2023/04/12
Committee: ENVI
Amendment 3 #

2023/0064(COD)

Proposal for a regulation
Recital 9
(9) In respect of new and innovative products, the competent authorities of the United Kingdom should be able to authorise the placing of these products on the market in Northern Ireland once certain conditions are fulfilled, including that the authorisation is granted in accordance with the law of the United Kingdom and that the products are placed on the market in Northern Ireland under the terms of the authorisation granted by the competent authorities of the United Kingdom, that these products comply with certain labelling requirements, and lastly that the written guarantees have been provided by the United Kingdom to the European Commission.
2023/04/12
Committee: ENVI
Amendment 7 #

2023/0064(COD)

Proposal for a regulation
Article 3 – paragraph 5 – point b
(b) keep records in accordance with the last indent of Article 80, point (e), of Directive 2001/83/EC.
2023/04/12
Committee: ENVI
Amendment 8 #

2023/0064(COD)

Proposal for a regulation
Article 14 – paragraph 2
It shall apply from 1 January 2025, provided that the United Kingdom has provided the written guarantees referred to in Article 8 and that the Commission has published prior to that date the Notice referred to in the fifth subparagraph.
2023/04/12
Committee: ENVI
Amendment 9 #

2023/0064(COD)

Proposal for a regulation
Article 14 – paragraph 3 a (new)
Within one month after reception of those written guarantees, the Commission shall provide a report to the European Parliament and the Council of its assessment thereof.
2023/04/12
Committee: ENVI
Amendment 94 #

2023/0042(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) Vehicle procurement rules are an important lever to accompany the transition pathway and can complement the manufacturers’ emissions reduction efforts. In particular, the role that procurement of heavy-duty vehicles used for corporate fleets can play should be addressed. Large fleet operators tend to have the latest models of heavy-duty trucks in their fleet, while a large number of small and medium sized fleet operators in the Union are buying these trucks second hand after 3 to 4 years of operation. Setting zero emission objectives for this segment will help secure demand for zero emission heavy-duty vehicles and boost the second-hand market. In this regard, Member states should take all necessary measures to ensure that, by 2030, 100% of new heavy-duty motor vehicles owned or leased by large fleet operators are zero-emission.
2023/07/07
Committee: ENVI
Amendment 99 #

2023/0042(COD)

Proposal for a regulation
Recital 12
(12) The Union fleet-wide targets are to be complemented by the necessary roll-out of recharging and refuelling infrastructure as set out in the Commission Proposal for a regulation on the deployment of alternative fuel infrastructure16 . Strengthened CO2 emission reduction requirements should also incentivise additional investments in infrastructure, beyond the legally required minimum, enabling a large infrastructure roll-out. To that end, the European Commission should present a report by (6 month after the entry into force of this regulation) setting out actions to reduce the duration of the permit granting process for recharging infrastructure. __________________ 16 Proposal for a Regulation of the European Parliament and of the Council on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU of the European Parliament and of the Council, 14.7.2021, COM/2021/559 final.
2023/07/07
Committee: ENVI
Amendment 118 #

2023/0042(COD)

Proposal for a regulation
Recital 17
(17) With the stricter Union fleet-wide targets from 2030 onwards, manufacturers will have to deploy significantly more zero-emission vehicles on the Union market. In that context, the incentive mechanism for zero- and low-emission vehicles (‘ZLEV’) would no longer serve its original purpose and would risk undermining the effectiveness of Regulation (EU) 2019/1242. The ZLEV incentive mechanism should therefore beFurthermore, considering the high Technology Readiness Levels (TRL) of zero-emission vehicles, there is no compelling reason to continue providing additional incentives to low-emission vehicles. The ZLEV incentive mechanism should therefore cease to apply to low-emission heavy-duty vehicles as of 2025 and be fully removed as of 2030.
2023/07/07
Committee: ENVI
Amendment 126 #

2023/0042(COD)

Proposal for a regulation
Recital 21 – paragraph 4
As for certain vehicle groups, which are type-approved, CO2 emissions are not determined yet for technical reasons, these vehicles do not have to meet the CO2 targets set by this Regulation. These are for example special purpose vehicles, such as mobile cranes, carriers of hydraulic multi- equipment or exceptional load transport vehicles, off-road vehicles, such as certain vehicles used for mining, forestry and agricultural purposes, as well as other vehicles with non-standard axle configurations such as vehicles with more than 4 axles or more than 2 driven axles, small buses with a maximum mass lower than 7,5 t, and small lorries with a maximum mass lower than 5t.
2023/07/07
Committee: ENVI
Amendment 130 #

2023/0042(COD)

Proposal for a regulation
Recital 21 – paragraph 4 – subparagraph 1 (new)
Due to the technical readiness of the vehicle segment and the need to improve air quality in cities, small lorries with a maximum mass lower than 5t should also have to meet the CO2 targets set by this Regulation. As for these vehicle sub- groups, CO2 emissions cannot be determined yet for technical reasons under Regulation (EU) 2017/2400, their CO2 emissions as determined under type- approval under Regulation (EU) 715/2007 should be used for the purpose of calculating average specific CO2 emissions of manufacturers. While these vehicles do not fall under the monitoring and reporting obligations of vehicle manufacturers, their new registrations are reported by EU member states.
2023/07/07
Committee: ENVI
Amendment 134 #

2023/0042(COD)

Proposal for a regulation
Recital 21 – paragraph 5
Vocational vehicles, such as garbage trucks, tippers or concrete mixers, should not continue to be exempted from the calculation of average specific CO2 emissions of manufacturers. However, recognizing their specific uses, this Regulation should apply specific requirements to them. CO2 emissions from vocational vehicles, such as garbage, tippers or concrete mixers, are already certified under VECTO, monitored and reported by vehicle manufacturers as well as Member States. In addition, zero-emission vocational vehicles are already commercially available in Europe. As they mostly operate in urban areas, vocational vehicles also significantly impact urban air quality. Separate CO2 emission reduction targets should therefore apply to those vehicles.
2023/07/07
Committee: ENVI
Amendment 157 #

2023/0042(COD)

Proposal for a regulation
Recital 27 a (new)
(27a) Urban areas in which significant investments have already been allocated or spent on the conversion of infrastructure to allow for the use of biomethane in urban buses - city buses and inter-urban buses - over a long period of time should be able to apply for a temporary derogation from the target for urban buses. Member States should consult the Commission on such applications and may grant a derogation until at the latest 2040.
2023/07/07
Committee: ENVI
Amendment 211 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point g
Regulation (EU) 2019/1242
Article 3 – paragraph 3 – point g – point 11
(a) a heavy-duty motor vehicle with not more than 5 g/(t∙km) or 5 g/(p∙km)1gCO2/kWh of CO2 emissions as determined in accordance with Article 9 of Regulation (EU) 2017/2400;
2023/07/07
Committee: ENVI
Amendment 262 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3a – paragraph 1 – point b
(b) for all vehicle sub-groups for the reporting periods of the years 2030 to 2034 by 450 %,
2023/07/07
Committee: ENVI
Amendment 281 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3a – paragraph 1 – point c
(c) for all vehicle sub-groups for the reporting periods of the years 2035 to 2039 by 6570 %,
2023/07/07
Committee: ENVI
Amendment 295 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3a – paragraph 1 – point d
(d) for all vehicle sub-groups for the reporting periods of the years 2040 onwards by 905%.
2023/07/07
Committee: ENVI
Amendment 314 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3 – paragraph 3a (new)
3a. Heavy-duty vehicles that are not attributed to one of the sub-groups in point 1.1 of Annex I shall be taken into account for assessing the compliance of manufacturers with the provisions of the reduction targets set out in paragraph 1, in accordance with point 1.1.4 of Annex I.
2023/07/07
Committee: ENVI
Amendment 315 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3aa (new)
3b. Article 3aa (new) Zero emission heavy-duty vehicle mandate for large fleet operators 1) Member states shall take measures to ensure that, by 2030, 100% of new heavy- duty motor vehicles owned or leased by large fleet operators are zero-emissions. In taking these measures, Member states shall establish a clear pathway towards reaching these objectives. 2) By [6 months entry into force of this Regulation], the Commission shall adopt a delegated act in accordance with Article 17 to set out the threshold levels for heavy-duty motor vehicles owned or leased by large fleet operators subject to the obligations laid down in paragraph 1. The Commission shall further detail the requirements for Member states to report on their progress towards reaching their obligations under paragraph 1. 3) By 1 December 2027, the Commission shall put forward a progress report to the European Parliament and the Council on the progress achieved by Member states towards the obligations laid down in paragraph 1. Member states shall report on their obligations to the Commission accordingly on an annual basis. 4) Subject to the conclusions from the progress report laid down in paragraph 3, the Commission shall, if appropriate, put forward a legislative proposal with additional measures to ensure a clear pathway towards the decarbonisation of all corporate fleets, in line with the increased EU fleet-wide targets set out in this Regulation.
2023/07/07
Committee: ENVI
Amendment 316 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3ab (new)
3c. Article 3ab - Additional measures to support the transition to zero-emission vehicles in the Union market By [6 months entry into force of this Regulation], the Commission shall adopt a delegated act in accordance with Article 17 to harmonise the type-approval rules for vehicles with internal combustion engines converted to battery, fuel cell electric drive or hydrogen combustion engine, in order to allow for series approval. The Commission shall also assess the introduction of a rule for calculating the CO2 equivalents of combustion engine vehicles converted to zero emission vehicles in the context of the application of this regulation.
2023/07/07
Committee: ENVI
Amendment 317 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3ac (new)
3d. Article 3ac (new) CO2 emission targets for vocational vehicles 1. The average CO2 emissions of the Union fleet of new heavy-duty motor vehicles which are defined as vocational vehicles according to point 1.2. of Annex I shall be reduced by the following percentages compared to the average CO2 emissions of the reporting period of the year 2019: (a) for all vehicle sub-groups for the reporting periods of the years 2030 to 2034 by 25 %, (b) for all vehicle sub-groups for the reporting periods of the years 2035 to 2039 by 45 %, (c) for all vehicle sub-groups for the reporting periods of the years 2040 onwards by 65 % .2. To these CO2 emission targets, the vehicle sub-groups have to contribute as laid down in point 4.4. of Annex I.
2023/07/07
Committee: ENVI
Amendment 337 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3b – paragraph 2
Member States may decide to exclude from the obligation under this Article a limited share of the urban buses - city buses and inter-urban buses - registered in each reporting period, confirming that the purpose of the vehicle cannot be equally served by a zero-emission vehicle and it is thus in the public interest to register a non- zero emission vehicle to fulfil that purpose, due to socio-economic cost-benefit in view of specific territorial morphology or meteorological circumstances. This exemption shall cease by 2040.
2023/07/07
Committee: ENVI
Amendment 347 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3c – paragraph 1
1. Contracting authorities or contracting entities shall base the award of the public contracts for the purchase or the u, lease, rent or hire-purchase of vehicles referred to in Article 3b onr of the most economically advantageous tender which shall include the best price-quality ratiorelated charging infrastructure, take account of the energy and environmental impacts of those vehicles over their lifetime, as well as of the security of supply related to those vehicles and their spare parts. They shall do so by including criteria for the sustainability and the security of supply contribution of the tender, in compliance with relevant international law.
2023/07/07
Committee: ENVI
Amendment 352 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3c – paragraph 2 a (new)
(ea) 2a. The tender’s contribution to the sustainability shall be assessed, inter alia, based on: (a) environmental sustainability going beyond the minimum requirements provided for in applicable legislation, in particular for the recycling and sourcing of batteries; (b) the energy efficiency of the vehicles; (c) the potential to reduce the use of natural resources and materials, for instance by retrofitting existing vehicles to zero-emission powertrains.
2023/07/07
Committee: ENVI
Amendment 357 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3c – paragraph 3
3. In accordance with Article 3b, the tender’s contribution to sustainability shall be given a weighting of between 30% of the award criteria, and the tender's contribution to security of supply shall also be given a weighting of between 15 to 450% of the award criteria. This is without prejudice of the application of Article 41(3) of Directive 2014/23/EU, Article 67(5) of Directive 2014/24/EU or Article 82(5) of Directive 2014/25/EU with a view to giving a higher weighting to those criteria;
2023/07/07
Committee: ENVI
Amendment 358 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3c – paragraph 3 a (new)
3a. 3a. The proportion of the products or tenders originating in third countries, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council, shall not exceed 50% of the tender’s value;
2023/07/07
Committee: ENVI
Amendment 387 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b
3. For the reporting periods from 2025 to 2029 the zero- and low-emission factor shall only apply to newly registered zero- emission heavy-duty vehicles, and shall be determined on the basis of a 2 % benchmark in accordance with point 2.3.2 of Annex I.;
2023/07/07
Committee: ENVI
Amendment 398 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2019/1242
Article 6a – paragraph 1 – subparagraph 1– point c
(c) for transfers of zero-emission vehicles between manufacturers not belonging to a group of connected manufacturers, or for transfers of existing vehicles that have been retrofitted to be zero-emission vehicles: the number of zero- emissions vehicles transferred to a manufacturer must not exceed 5 % of all its new heavy-duty vehicles registered in a given reporting period.
2023/07/07
Committee: ENVI
Amendment 413 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Regulation (EU) 2019/1242
Article 7 – paragraph 1 – subparagraph 4
Emission credits and emission debts acquired in the reporting periods of the years 2025 to 2039 shall, where applicable, be carried over from one reporting period to the next reporting period. However,Emission credits anyd remaining emission debts shall be cleared in the reporting periods of the year 2029, 2034 and 2039.;
2023/07/07
Committee: ENVI
Amendment 449 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) 2019/1242
Article 15
The Commission shall, in 2028, review the effectiveness and impact of this Regulation and submit a report to the European Parliament and to the Council with the result of the review. By 31 December 2027, and every year thereafter, the Commission shall report to the European Parliament and to the Council, on the state of the enabling conditions for the market adoption of zero-emission heavy-duty vehicles in the Union. In this report, the Commission shall assess all relevant elements, in particular the following: (a) registrations of zero-emission heavy- duty vehicles in Member States ; (b) the deployment of charging and refuelling infrastructure suitable for heavy-duty vehicles in Member States; (c) the implementation of road user charges differentiated by CO2 emissions in Member States; (d) the level of the average price of allowances under the new the emissions trading system covering road transport (e) other measures that support the uptake of zero-emission heavy-duty vehicles; If the report concludes that enabling conditions, especially under paragraphs (b), (c) or (d) are found to be not in line with the targets for vehicle manufacturers in Art. 3a and b of this Regulation, the findings of the report shall be taken into account for future revisions of the Directive 2014/94/EU of the European Parliament and of the Council, the Directive (EU) 2022/362 of the European Parliament and of the Council, and the Directive 2003/87/EC of the European Parliament and of the Council.
2023/07/07
Committee: ENVI
Amendment 513 #

2023/0042(COD)

Proposal for a regulation
ANNEX I – paragraph 1 – subparagraph 1.1. – table 1.1.3 (new)
1.1.3 Attribution of small and medium lorries of category N2 with a maximum mass lower than 7,4t, for which CO2 emissions have been determined in accordance with Regulation (EU) 2018/858 Characteristics of Vehicle sub- vehicle group (sg) attributed for the purposes of this Regulation Category N2, 53 with Technical Permissible Maximum Laden Mass (TPMLM) ≤ 7,4 t
2023/07/13
Committee: ENVI
Amendment 538 #

2023/0042(COD)

Proposal for a regulation
ANNEX I – paragraph 2 – subparagraph 2.3. – subparagraph 2.3.2 – subparagraph 2 – subparagraph 1 – introductory part
Vin is the total number of newly registered low- and zero-emission heavy-duty vehicles in the sub-groups sg = 4-UD, 4- RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10- RD, 10-LH, where each of them is counted as ZLEVspecifi in accordance with the formula below:
2023/07/13
Committee: ENVI
Amendment 539 #

2023/0042(COD)

Proposal for a regulation
ANNEX I – paragraph 2 – subparagraph 2.3. – subparagraph 2.3.2 – subparagraph 2 – subparagraph 1 – point 1
ZLEVspecific = 1 - (CO2v / LETsg )deleted
2023/07/13
Committee: ENVI
Amendment 540 #

2023/0042(COD)

Proposal for a regulation
ANNEX I – paragraph 2 – subparagraph 2.3. – subparagraph 2.3.2 – subparagraph 2 – subparagraph 1 – point 1
LETsg is the low-emission threshold of the sub-group sg to which the vehicle v belongs as defined in point 2.3.4;deleted
2023/07/13
Committee: ENVI
Amendment 568 #

2023/0042(COD)

Proposal for a regulation
ANNEX I – paragraph 4 – subparagraph 4.3. – table 4.3.1.
4.3.1. The following CO2 emissions reduction targets rfsg and rfpsg pursuant to Article 3a shall apply to vehicles in the sub-group sg for different reporting periods: CO2 reduction targets rfsg and rfpsg groups sg Reporting period of the years Sub- 2025 – 2029 2030 – 2034 2035 – 2039 As from 2040 Medium lorries 53, 54 0 439% 64%70% 90%5% Heavy lorries > 7,4t 1s, 1, 2, 3 0 439% 64%70% 905% Heavy lorries > 16 t 4-UD, 4-RD, 15% with 4x2 and 6x4 axle 4-LH, 5-RD, configurations 5-LH, 9-RD, 43 49% 64%70% 90%5% 9-LH, 10- RD, 10-LH H Vocational vehicles 4v, 5v, 9v, 0 and heavy lorries > 16 t 10v, 11, 12, 161v, 0 with special axle 439% 64%70% 905% t with special axle 12, 12v, 16 configurations Coaches (rfsg) 32-C2, 32- 0 C3, 32-DD, 43 49% 64%70% 90%5% 34-C2, 34- C3, 34-DD Primary vehicles of 32-C2, 32- 0 coaches (rfpsg) C3, 32-DD, 43 49% 64%70% 90%5% 34-C2, 34- C3, 34-DD Trailers 0 7,5% 7,5% 7,5% Semi-trailers 0 15% 15% 15% 15% Or. en Justification
2023/07/13
Committee: ENVI
Amendment 177 #

2022/2150(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Underlines that as part of the reform of the EU economic governance framework each Member State should identify the strategic investments needed to ensure our strategic autonomy and that our Green Deal objectives are met;
2023/01/11
Committee: ECON
Amendment 178 #

2022/2150(INI)

Motion for a resolution
Paragraph 11 b (new)
11 b. Notes that the reform of the Stability and Growth Pact must go hand in hand with a reform of the European Semester and of the indicators for monitoring and coordinating our policies, particularly with regard to the climate dimension. Updating the European Semester must ensure detailed monitoring of strategic investments and reforms to ensure the achievement of the objectives laid down in the European Climate Law and particularly climate neutrality by 2050 at the latest;
2023/01/11
Committee: ECON
Amendment 179 #

2022/2150(INI)

Motion for a resolution
Paragraph 11 c (new)
11 c. Calls therefore on the Commission, as part of an updated European semester, to assess the discrepancy between the structure of the Member States’ budgets and a Paris- aligned scenario for each of their national budgets; thus enabling to provide recommendations on Member States’ climate debt and climate-friendly investment gap associated to the Union’s 2030 objective and the objective of climate neutrality by 2050 at the latest;
2023/01/11
Committee: ECON
Amendment 194 #

2022/2146(INI)

Motion for a resolution
Paragraph 12
12. Takes note ofWelcomes the two-pillar solution reached at the OECD/G20 Inclusive Framework on the allocation of taxing rights and the application of a minimum effective tax rate of 15 % on the global profits of MNEs; expresses its concern at the delays in the international process agreeing on Pillar One; recalls the implementation of this pillar is key to the introduction of a new own resource based on a share of the residual profits of the largest and most profitable MNEs that are reallocated to Member States under the agreement;
2023/07/06
Committee: ECON
Amendment 207 #

2022/2146(INI)

Motion for a resolution
Paragraph 13
13. Observes that, in addition to coping with a volatile business environment and an increasing number of EU tax directives, companies are focusing their financial and human resources on applying the Pillar Two rules; calls on the Commission to give companies breathing spaceadequate means and enough time to prepare for the possible new BEFIT rules;
2023/07/06
Committee: ECON
Amendment 242 #

2022/2146(INI)

Motion for a resolution
Paragraph 16
16. Welcomes the Commission’s plan to work on a BEFIT proposal, expected in the third quarter of 2023, with a view to designing a new and single EU corporate tax rulebook, based on a fair, comprehensive and effective formulary apportionment and a common tax base of income taxation for businesses, which will provide clarity and predictability for companies; further welcomes the fact that the Commission considers the potential introduction of a new own resource based on BEFIT framework once adopted, in accordance with the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (IIA)1a; _________________ 1a OJ L 433 I, 22.12.2020, p. 28.
2023/07/06
Committee: ECON
Amendment 253 #

2022/2146(INI)

Motion for a resolution
Paragraph 18
18. Takes note ofWelcomes the BEFIT objectives, as addressed in the Commission’s call for evidence for an impact assessment, to increase businesses’ resilience by reducing the complexity of tax rules and the compliance costs faced by EU businesses with cross-border operations, to remove obstacles to cross- border investment and make the single market a more attractive location for international investment, to create an environment conducive to fair and sustainable growth by paving the way for administrative simplification, and to provide sustainable tax revenue, which is particularly important in the current challenging economic climate;
2023/07/06
Committee: ECON
Amendment 20 #

2022/2053(INI)

Motion for a resolution
Citation 15 a (new)
— having regard to the 2019 IPCC Special Report on the Ocean and Cryosphere in a Changing Climate;
2022/08/30
Committee: ENVI
Amendment 23 #

2022/2053(INI)

Motion for a resolution
Citation 15 b (new)
— having regard to the 2021 IUCN Manual for the Creation of Blue Carbon Projects in Europe and the Mediterranean;
2022/08/30
Committee: ENVI
Amendment 42 #

2022/2053(INI)

Motion for a resolution
Recital A
A. whereas agriculture and food policies facilitatshould ensure the transition to sustainable food systems in line with the ambitions of the European Green Deal for a climate-neutral EU economy in 2050;
2022/08/30
Committee: ENVI
Amendment 71 #

2022/2053(INI)

Motion for a resolution
Recital C
C. whereas every tonne of fossil CO2greenhouse gases that is not emitted or is or will be sustainably stored in cycles is the best contribution to achieving climate targets; whereas storing CO2 from the atmosphere or other cycles should be used as one among many methods for achieving climate targets;
2022/08/30
Committee: ENVI
Amendment 85 #

2022/2053(INI)

Motion for a resolution
Recital D a (new)
Da. whereas carbon stocks in soil all over the EU are currently in a worrying downwards trend;
2022/08/30
Committee: ENVI
Amendment 100 #

2022/2053(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas, as breeding grounds and habitats for a wide range of marine and terrestrial species, blue carbon ecosystems are highly productive and play an important ecological role in nutrient and carbon cycling in protecting the coastline, and in sustaining the livelihoods and ensuring the well-being of local communities;
2022/08/30
Committee: ENVI
Amendment 131 #

2022/2053(INI)

Motion for a resolution
Paragraph 1
1. AUnderlines that the Union will prioritise swift and predictable emission reductions and, at the same time, enhance removals by natural sinks, in line with the European Climate Law; acknowledges the potential contribution of the sustainable carbon cycles initiative to reaching the EU net carbon removal target of at least 310 megatons (Mt) by 2030 and to potentially go beyond, as mentioned in the Commission communication on sustainable carbon cycles;
2022/08/30
Committee: ENVI
Amendment 136 #

2022/2053(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Notes that reaching climate neutrality requires attaining neutrality in the land sector as well as reducing drastically GHG emissions of the agriculture sector; believes that the EU should take additional actions to stay on a pathway consistent with our climate neutrality objectives in 2030 and 2050.
2022/08/30
Committee: ENVI
Amendment 160 #

2022/2053(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Notes that net removals from terrestrial ecosystems in the EU have been on a declining trend over the last decade, largely driven by the deteriorating situation in forest ecosystems as put forward in the Communication; notes that an enhanced resilience of forest and agriculture ecosystems is absolutely necessary in order to cope with the consequences of climate change within the EU, and to maintain a chance to respect our climate objectives;
2022/08/30
Committee: ENVI
Amendment 171 #

2022/2053(INI)

Motion for a resolution
Paragraph 4
4. Emphasises that sustainable food production remains the primary objective of agriculture and the availability of renewable raw materials remain the primary objective of agriculture and forestry; underlines that both sectors are themselves being massively affected by climate change and biodiversity loss; underlines that the lack of resilience to adapt to these two phenomena already decreases the production capacity of our food system and of forestry;
2022/08/30
Committee: ENVI
Amendment 184 #

2022/2053(INI)

Motion for a resolution
Paragraph 5
5. Considers that carbon conservation is already an important issue and will continue to be in the future, especially for preserving soil fertility, soil health and for climate change adaptation;
2022/08/30
Committee: ENVI
Amendment 204 #

2022/2053(INI)

Motion for a resolution
Paragraph 7
7. Emphasises that the blue carbon economy could contribute to the storage of CO2 in coastal regions after careful research; encourages the Commission to collect knowledge and data on blue carbon capture; calls on the Commission to develop a specific methodology to include marine coastal ecosystems in the eligible projects of the certification scheme; welcomes the launch of an international coalition for blue carbon and asks the Commission to encourage Member States to introduce blue carbon initiatives in their nationally determined contributions (NDCs), as well as to strengthen the knowledge to develop a specific methodology to include marine coastal ecosystems in the eligible projects of the certification schemes, while encouraging international political cooperation to provide adequate funding for the protection and restoration of coastal marine ecosystems; calls, in this regard, on the Commission to support private sector contributions dedicated to the restoration of marine biodiversity, notably through the enforcement of specific funding initiatives such as the recent United Nations Development Programme (UNDP)’s “Ocean Promise” initiative, which commits to recovering nearly $ 1 trillion in annual socioeconomic losses due to poor ocean management;
2022/08/30
Committee: ENVI
Amendment 210 #

2022/2053(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Recalls the need to map these ecosystems and calls on the Commission to develop and implement a system for collecting data related to blue carbon sequestration and storage; notes that this is an important tool for monitoring the effectiveness of policies and for prioritising future actions, and that it is important to be able to determine the evolution of the habitat, its extension or degradation by comparing it with reference years.
2022/08/30
Committee: ENVI
Amendment 212 #

2022/2053(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Recalls that careful planning and robust means are needed to include blue carbon habitats as part of climate targets, and that the issue of funding is paramount; therefore calls on the Commission to include adaptation strategies in the management and development plans of all coastal and marine sectors (aquaculture, fisheries, tourism, transport, etc.) including data- collection systems related to carbon sequestration and mapping of these ecosystems, while also ensuring the promotion of ecological and sustainable tourism;
2022/08/30
Committee: ENVI
Amendment 242 #

2022/2053(INI)

Motion for a resolution
Paragraph 9
9. ConsiderStrongly supports that carbon farming can be a new business model which should be additional and voluntary, and which aims to upscale climate mitigation by paying farmers to implement climate-friendly farm or forest management practices, by tapping into the potential of blue carbon ecosystems and by streamlining the industrial use of carbon sequestered for different purposesshould be about setting up a business model incentivizing carbon sequestration in soil and reducing of GHG emissions in agriculture while enhancing biodiversity and other environmental objectives of the European Green Deal; believes that it needs to have multiple co-benefits, in particular reducing our dependency on fertilizer inputs and on their suppliers, enhancing fertility without harming soil health and increasing resilience; strongly welcomes the fact that the Communication of the Commission underlines the necessity to connect carbon and biodiversity approach in order to make carbon farming a successful model;
2022/08/30
Committee: ENVI
Amendment 258 #

2022/2053(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Is convinced that the large use of carbon removal scheme can bring about a new business model which connects the deployment of the Green Deal and increase in farmers’ income; underlines that this business model should be at the same time a top-up for farmer’s income and a kick-starting tool for the transition at farm level towards practices in line with the objectives of the Green Deal;
2022/08/30
Committee: ENVI
Amendment 261 #

2022/2053(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Strongly supports the integration of other ecosystem services such as biodiversity protection, soil health, water quality, etc. in the carbon removal scheme in order to ensure its consistency with the overall Green Deal objectives; the inclusion of biodiversity, water pollution, soil erosion in the parameters of the certification scheme will ensure its solidity and avoid negative side effects that could contradict other Green Deal objectives; supports to that end the idea to increase the value of a carbon removal credit when its use has co-benefits for other environmental objectives set in the Green Deal; calls therefore on the Commission to define an “ecosystem weighing factor” on the basis of clear and easily assessable elements; notes that projects not in line with the do no significantly harm principle not to receive carbon removal credits;
2022/08/30
Committee: ENVI
Amendment 279 #

2022/2053(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Believes that the carbon removal scheme for land should be based on a result-based approach; to this end, urges the Commission to define the eligible methodologies and the relevant KPIs, taking into account the right balance between cost and precision; in particular the carbon removal scheme should include direct and indirect CO2 emissions as well as direct CH4 and N2O emissions in order to allow for comprehensive farm level transition; the assessment of GHG emissions removed should be done on a per hectare rather than on a per output approach; calls also on the Commission to develop different accounting methods for each kind of emissions in order to avoid greenwashing and maintain high incentives to reduce emissions from CH4 and N2O;
2022/08/30
Committee: ENVI
Amendment 310 #

2022/2053(INI)

Motion for a resolution
Paragraph 12
12. Stresses that carbon farming must be regulated in line withtaking into account the current CAP rules and be seen as a complementary and additional topping-up option; underlines, however, that in the longer term carbon farming should becarbon removal scheme should also be associated to market-based mechanism;
2022/08/30
Committee: ENVI
Amendment 324 #

2022/2053(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls also on the Commission to use the carbon removal scheme to massively derisk the transition to agroecology practices at farm level, in particular by working with public and private actors to set up schemes, which will use carbon removal scheme to secure the margin over a sufficient period of time of farmers involved in the said transition;
2022/08/30
Committee: ENVI
Amendment 330 #

2022/2053(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Is of the opinion that the Commission and Member State should act as enabling entities of carbon farming practices; to this end calls the Commission and Member States to fund and make available measurements, modelling and soil sampling tools as well as relevant training necessary for the scale up of practices certified by the carbon removal scheme;
2022/08/30
Committee: ENVI
Amendment 332 #

2022/2053(INI)

Motion for a resolution
Paragraph 12 c (new)
12c. Believes that the data collected on soil health in the framework of the carbon removal scheme should be made available to banks and insurances in order to allow them to incorporate soil health in their risk-based pricing and asset pricing; proposes that this data also be made available in an EU-wide database in order to channel private funding to the highest quality farms and projects;
2022/08/30
Committee: ENVI
Amendment 335 #

2022/2053(INI)

Motion for a resolution
Paragraph 12 d (new)
12d. Asks the Commission to make available to land managers verified emission and removal data, based on a farm level and a result-based approach, well before 2026 in order to be used in the framework of the Sustainable Food System legislation as well in the next Common Agricultural Policy.
2022/08/30
Committee: ENVI
Amendment 345 #

2022/2053(INI)

Motion for a resolution
Paragraph 13
13. Considers that scientifically proven, sustainable and permanent carbon capture and storage (CCS) and carbon capture and utilisation (CCU) can play a crucial role as future technologies for reducing emissions and achieving climate neutrality in Europe and for creating a successful decarbonised economy in Europe;
2022/08/30
Committee: ENVI
Amendment 347 #

2022/2053(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Welcomes the Commission´s plans to establish an efficient system for the traceability of captured CO2; highlights the need to distinguish between emissions reductions achieved through captured carbon on-site on one hand, and removals from the atmosphere on the other; underlines the need for robust accounting rules that ensure that all greenhouse gases that reach the atmosphere are effectively accounted for, and that double counting is avoided;
2022/08/30
Committee: ENVI
Amendment 356 #

2022/2053(INI)

Motion for a resolution
Paragraph 14
14. Underlines that CCS is not allowed in all Member States; stresses that the Commission hasneed to sufficiently document the long-term effect of CCS in regions with deep soildifferent regions and support experimental projects to obtain more data on thibefore their large scale deployment; welcomes the Commission´s plans to support cross-border CO2 transport infrastructure and to map out relevant industrial clusters;
2022/08/30
Committee: ENVI
Amendment 360 #

2022/2053(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on the Commission to assess how to account for emissions of greenhouse gases which are considered to have been captured and utilised to become chemically bound in a product in a non- permanent way based on a life-cycle assessment of the product, taking into account the dual role of greenhouse gases as emissions and as feedstock, including the emissions captured in the manufacture of the product, the emissions produced as part of the capture and utilisation process, the emissions utilised in the manufacture of the product, and the number of years the carbon captured from the emissions is bound in the product;
2022/08/30
Committee: ENVI
Amendment 376 #

2022/2053(INI)

15. Underlines that the new certification framework for carbon farmingremovals must be based on best available science and robust monitoring, reporting and verification, must differentiate between different origins of carbon, must include strict provisions on permanence and liability, and take into account all associated greenhouse gas emissions; at the same time, it should be as simple as possible in its design and not result in disproportionate administrative burdens for land and forestry managers and owners; emphasises that the future Union certification framework will need to take into account already existing national initiatives with the same objectives and build on their experience to have a solid Union-wide certification scheme;
2022/08/30
Committee: ENVI
Amendment 389 #

2022/2053(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Asks the Commission to develop its carbon removal scheme taking into account the frontrunners' past efforts and the necessity to reward them with a fair treatment, also with a view of discouraging other farmers to maintain practices to other farmers; is of the opinion that the definition of a regional baseline including a cut-off date as well as taking into account regional removal trends should be among the options assessed by the Commission; asks the Commission to engage with private actors, in particular retailers and food processing industries, to make sure that the certification scheme triggers a price premium on the market, which would reward frontrunners and newcomers;
2022/08/30
Committee: ENVI
Amendment 410 #

2022/2053(INI)

Motion for a resolution
Paragraph 16
16. Emphasises the need to develop a robust new framework for the quantification and certification of carbon removals that must at the same time avoid greenwashing and carbon leakage; underlines the need to promote high- quality carbon removal certificates that can ensure the achievement of the criteria of additionality, permanence, no double counting and authenticity in order to incentivise improved land management practices, thus resulting in enhanced carbon capturecarbon removals;
2022/08/30
Committee: ENVI
Amendment 423 #

2022/2053(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Asks the Scientific Panel on Climate Change to be thoroughly involved in the setting up of the carbon removal scheme in order to ensure its environmental integrity;
2022/08/30
Committee: ENVI
Amendment 428 #

2022/2053(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Underlines that the Commission proposal on certification of carbon removals should focus on establishing a robust methodology as a basis for policy measures; recalls that the Commission is obliged to make a proposal for a new EU intermediate climate target by 2024, as laid down in the European Climate Law; expects the Commission to assess an EU target for removals as part of that process;
2022/08/30
Committee: ENVI
Amendment 445 #

2022/2053(INI)

Motion for a resolution
Paragraph 17
17. Stresses that carbon farming should be market-based and financed by public and/or private funds; calls on the Commission to create a genuinely new business model for farmers and foresters; notes that financing from the value chain or through the creation of a voluntary carbon market is possible; stresses that the CAP is not a viable source of funding, as the CAP is not a business model;
2022/08/30
Committee: ENVI
Amendment 458 #

2022/2053(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls on the Commission to allow the use of the EU carbon removal scheme by companies operating in the food industry only for the reduction of companies’ scope 3 emissions linked to their sourcing of agricultural products in order to ensure a fair contribution of all sectors to climate neutrality; once the carbon removal scheme is in place, these companies operating in Europe should not be able to acquire non EU certified carbon removal scheme;
2022/08/30
Committee: ENVI
Amendment 459 #

2022/2053(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Asks the European commission to use the Sustainable Food System legislation as a legislative vehicle to upscale practices certified by the EU carbon removal scheme; therefore asks the Commission to carry out in the impact assessment of this legislation an analysis on the best way to reach this objective;
2022/08/30
Committee: ENVI
Amendment 460 #

2022/2053(INI)

Motion for a resolution
Paragraph 17 c (new)
17c. Invites the Commission to use the carbon removal scheme as a fast tracking tool for relevant EU funds (CAP ecoschemes, agroecological payments under CAP’s 2nd pillar, LIFE etc.); the scheme should be a tool that multiplies the channels of funding rather than narrow them down, including better targeted state aid measures based on the carbon removal scheme;
2022/08/30
Committee: ENVI
Amendment 209 #

2022/2037(INI)

Motion for a resolution
Paragraph 15
15. Calls on the ECB to coordinate with the European Parliament to specify the secondary objectives; suggests taking advantage of this resolution to specify and prioritiseSuggests taking advantage of this resolution to formulate the European Parliament’s interpretation of the policy areas where the ECB is expected to provide medium-term support on the basis of its secondary objectives; invites the ECB to further exchange with the Parliament to identify the extent to which these policy areas where the ECB is expected to deliver on its secondary objectivare relevant and how they could be integrated in the ECB’s monetary policies;
2022/10/14
Committee: ECON
Amendment 214 #

2022/2037(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Calls on the ECB to clarify in its Annual Report how it interpreted and acted upon its secondary objectives, as well as presenting the side effects of its monetary policy on the EU general economic policies; proposes to refocus the quarterly “monetary dialogues” hearings with the ECB President to carry out regular checks on the delivery of the secondary objectives;
2022/10/14
Committee: ECON
Amendment 250 #

2022/2037(INI)

Motion for a resolution
Paragraph 20
20. Stresses that addressing the climate emergency and the euro area’s dependence on fossil fuels touches not only upon the ECB’s secondary mandate, but also its primary mandate, given the serious threat these issues pose to price stability; warns that fossil fuel energy represents by far the largest source of inflation since Q4 2021;
2022/10/14
Committee: ECON
Amendment 292 #

2022/2037(INI)

Motion for a resolution
Paragraph 25
25. Is concerned about the implications of higher interest rates for green investments; calls on the ECB to assess the possibility of applying differentiated rates to support green investments andmonitor the impact of its monetary policy on the cost of climate investments; and to assess the possibility of applying differentiated rates on Taxonomy-aligned investments, notably in energy efficiency, which would help lower inflationary pressure and climate-related volatility on the medium and long term, and overall disincentivise brown investments;
2022/10/14
Committee: ECON
Amendment 212 #

2022/0396(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114 and 192 thereof,
2023/05/12
Committee: ENVI
Amendment 235 #

2022/0396(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) This Regulation is in line with the objectives set out in Regulation (EC) 2023/0085 on environmental claims, and directive (EC) 2022/0092 on Empowering Consumers in the green transition. It aims to promote and support substantiated alternatives for more sustainable packaging solutions.
2023/05/12
Committee: ENVI
Amendment 435 #

2022/0396(COD)

Proposal for a regulation
Recital 60
(60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 40 30%. In line with the waste hierarchy, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation.
2023/05/12
Committee: ENVI
Amendment 485 #

2022/0396(COD)

(82) Manufacturers should draw up an EU declaration of conformity to provide information on the conformity of packaging with this Regulation. Manufacturers may also be required by other Union legislation to draw up an EU declaration of conformity. To ensure effective access to information for market surveillance purposes, a single EU declaration of conformity should be drawn up in respect of all Union acts. To reduce the administrative burden on economic operators, it should be possible for that single EU declaration of conformity to be a dossier made up of relevant individual declarations of conformity. The responsibility of compliance with the provisions for the declaration of conformity should lie with the economic operator that places the packaging on the market.
2023/05/12
Committee: ENVI
Amendment 507 #

2022/0396(COD)

Proposal for a regulation
Recital 92
(92) Member States may achieve these targets by economic instruments and other measures to provide incentives for the application of the waste hierarchy, including measures to be implemented through extended producer responsibility schemes such as the creation of a specific fund within producer responsibility organisations or deposit return schemes dedicated to reuse, and by promoting the setting up and effective operation of systems for re- use and encouraging economic operators to offer the end users further possibilities to refill. Such measures should be adopted in parallel and in addition to other measures under this Regulation aiming at packaging and packaging waste reduction, such as requirements on packaging minimisation, re-use and refill targets, volume thresholds and measures to achieve the sustained reduction of consumption of lightweight plastic carrier bags. A Member State may, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum targets set out in this Regulation.
2023/05/12
Committee: ENVI
Amendment 674 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 30 a (new)
(30a) ‘sector of sport and similar activities’ means the sector corresponding to sports activities and amusement and recreation activities according to NACE Rev. 2 - the statistical classification of economic activities in the European Union1c. _________________ 1c European Commission, Eurostat, NACE Rev. 2, Statistical classification of economic activities in the European Community, 2008.
2023/05/12
Committee: ENVI
Amendment 675 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 30 b (new)
(30b) Sector of creative, arts and entertainment’ means the sector corresponding to creative art and entertainment activities according to NACE Rev. 2 - the statistical classification of economic activities in the European Union1d. _________________ 1d European Commission, Eurostat, NACE Rev. 2, Statistical classification of economic activities in the European Community, 2008.
2023/05/12
Committee: ENVI
Amendment 682 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
(32a) ‘recyclability' of a packaging is defined by its possibility at the end of its life of being integrated into an organised collection network, possibly extended by a sorting operation, so that the material of which it is composed can be regenerated in existing recycling units producing a new raw material of a quality compatible with its incorporation in a new product or packaging.
2023/05/12
Committee: ENVI
Amendment 795 #

2022/0396(COD)

Proposal for a regulation
Article 4 – paragraph 4 a (new)
4a. Member States have the right to adopt additional sustainability requirements deemed necessary to reduce their volume of packaging waste per capita in order to reach the targets set under Article 38.
2023/05/12
Committee: ENVI
Amendment 828 #

2022/0396(COD)

Proposal for a regulation
Article 5 – paragraph 2 a (new)
2a. Food packaging containing Bisphenol A (BPA, CAS 80-05-7) shall not be placed on the market [OP: Please insert the date = 18 months after the date of entry into force of this Regulation].
2023/05/12
Committee: ENVI
Amendment 908 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Point (a) shall apply from 1 January 2030 and point (e) shall apply from 1 January 2035. Point (a) shall apply from 1 January 2027 for products placed on the EU market for the first time.
2023/05/12
Committee: ENVI
Amendment 1047 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 1
From 1 January 2030, and by way of derogation from paragraphs 2 and 3, innovative packaging may be placed on the market for a maximum period of 5 year24 months after the end of the calendar year when it has been placed on the market.
2023/05/12
Committee: ENVI
Amendment 1049 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 2
Where use is made of this derogation, innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its environmental benefit, innovative nature and showing compliance with the definition in Article 3(34) of this Regulation.
2023/05/12
Committee: ENVI
Amendment 1054 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 3
After the period referred to in the first sub- paragraph, such packaging shall be accompanied by the technical documentation referred to in paragraph 8 and shall thus be fully compliant with the requirements set out in paragraphs 2 and 3. Otherwise, competent authorities shall apply penalties to manufacturers, including withdrawal of the product from the market.
2023/05/12
Committee: ENVI
Amendment 1083 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 11 a (new)
11a. Where a claim is made in relation to the recyclability of the packaging, it must be aligned with the new definition of recyclability set out in this Regulation and established in relation to the design criteria for recycling. Any reference to recyclability must be prohibited if the packaging does not meet these criteria.
2023/05/12
Committee: ENVI
Amendment 1087 #

2022/0396(COD)

Proposal for a regulation
Article 7 – title
7 Minimum recycled content in plastic and paper packaging
2023/05/12
Committee: ENVI
Amendment 1150 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 1 a (new)
1a. From 1 January 2030, the paper part in packaging shall contain the following minimum percentage of recycled content recovered from post- consumer paper waste, per unit of packaging: a) 95% for case packaging, b) 60% for other types of paper packaging.
2023/05/12
Committee: ENVI
Amendment 1151 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 1 a (new)
1a. By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], the Commission shall adopt a legislative proposal to amend this Regulation and set intermediary targets of recycled contents from January 2035.
2023/05/12
Committee: ENVI
Amendment 1193 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 2 a (new)
2a. From 1 January 2040, the paper part in packaging shall contain the following minimum percentage of recycled content recovered from post- consumer paper waste, per unit of packaging: a) 95% for case packaging b) 80% for other types of paper packaging
2023/05/12
Committee: ENVI
Amendment 1410 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1a. By 2027, the Commission should also adopt measures to ensure the minimisation of materials used for packaging, by : (a) identifying common packaging types for which a reduction in packaging does not conflict with the performance criteria listed in Annex 4; (b) establishing for these specific packages maximum weight relative to the weight or volume of the packaged products; The Commission decides which type of measure is the most appropriate, such as an implementing act, or the updating of a harmonised standard by the European standardisation bodies. The Commission may update the list of types and sizes of packaging listed in paragraph 2 one year after the adoption of the first measure
2023/05/12
Committee: ENVI
Amendment 1416 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. PSuperfluous packaging, duplicate secondary packaging, packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin protected under Union legislation.
2023/05/12
Committee: ENVI
Amendment 1454 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. By 31 December 2025 the Commission is empowered to adopt delegated acts establishing maximum packaging weights relative to the weight or volume of the packaged products for certain common packaging types and formats, starting with the most commonly used packaging types.
2023/05/12
Committee: ENVI
Amendment 1502 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material compositionthe destination of each separate component of the packaging in order to facilitate consumer sorting. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.
2023/05/12
Committee: ENVI
Amendment 1601 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Before placing packaging on the market, manufacturers shall carry outhave the relevant conformity assessment procedure referred to in Article 33, or have it carried out on their behalf, and by an accredited notified body, draw up the technical documentation referred to in Annex VII.
2023/05/12
Committee: ENVI
Amendment 1672 #

2022/0396(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is maximum 40 30%.
2023/05/12
Committee: ENVI
Amendment 1682 #

2022/0396(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Space filled by filling materials such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, shall be considered as empty space. Materials such as as polystyrene or Styrofoam chips, shall be considered as empty space cannot be used as filling material. Furthermore, any production of polystyrene’s packaging shall be prohibited.
2023/05/12
Committee: ENVI
Amendment 1721 #

2022/0396(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. By way of derogation from paragraph 1, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 3 of Annex V as of 1 January 203027.
2023/05/12
Committee: ENVI
Amendment 1789 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. From 1 January 2030, economic operators, including e-market platforms, making large household appliances listed in point 2 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 % of those products are made available in reusable transport packaging within a system for re- use.
2023/05/12
Committee: ENVI
Amendment 1858 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 3 a (new)
3a. In accordance with Article 22 and Annex V, the use of single-use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed. From January 1, 2025, hotels, restaurants and cafés are required to serve meals and drinks consumed on the premises of the establishment in reusable cups, glasses, including their means of closure and lids, and to provide customers consuming on the premises exclusively with reusable plates and containers as well as with reusable cutlery. The requirements set in this paragraph 3a. shall not apply to microentreprises.
2023/05/12
Committee: ENVI
Amendment 1939 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 7 – introductory part
7. Economic operators, including e- market platforms, using transport packaging in the form of pallets, plastic crates, foldable plastic boxes, pails and drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 shall ensure that:
2023/05/12
Committee: ENVI
Amendment 1944 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 7 – introductory part
7. Economic operators using transport packaging in the form of pallets, plastic crates, foldable plastic boxes, pails and drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 shall ensure that:
2023/05/12
Committee: ENVI
Amendment 1958 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 8 – introductory part
8. Economic operators, including e- market platforms, using transport packaging for the transport and delivery of non-food items made available on the market for the first time via e-commerce shall ensure that:
2023/05/12
Committee: ENVI
Amendment 1961 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 8 – point a
(a) from 1 January 2030, 120 % of such packaging used is reusable packaging within a system for re-use;
2023/05/12
Committee: ENVI
Amendment 1972 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 650 % of such packaging used is reusable packaging within a system for re-use;
2023/05/12
Committee: ENVI
Amendment 2003 #

2022/0396(COD)

10. Economic operators, including e- market platforms, using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping unit shall ensure that:
2023/05/12
Committee: ENVI
Amendment 2012 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, exincluding case and cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping unit shall ensure that:
2023/05/26
Committee: ENVI
Amendment 2015 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping unit shall ensure that:
2023/05/26
Committee: ENVI
Amendment 2028 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 10 a (new)
10a. By 1 January 2030, retailers larger than 400 m2, should dedicate at least 20% of their space to free-of-packaging areas (i.e. refill stations) for both food and non- food products. By [OP: Please insert the date = 5 years after the date of entry into force of this Regulation], the Commission shall evaluate the relevance to increase this percentage and is empowered to adopt delegated acts to raise this objective.
2023/05/26
Committee: ENVI
Amendment 2032 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Transport packaging used by an economic operator, including e-market platforms, shall be reusable where it is used for transporting products:
2023/05/26
Committee: ENVI
Amendment 2049 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, exincluding case and cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats.
2023/05/26
Committee: ENVI
Amendment 2056 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastictrays, crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats.
2023/05/26
Committee: ENVI
Amendment 2065 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Economic operators, including e-market platforms, delivering products to another economic operator within the same Member State shall use only reusable transport packaging for the purpose of the transportation of such products.
2023/05/26
Committee: ENVI
Amendment 2086 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials, including flexible formats.
2023/05/26
Committee: ENVI
Amendment 2215 #

2022/0396(COD)

Proposal for a regulation
Article 34 – paragraph 4 a (new)
4a. Declarations of conformity shall be controlled by competent authorities. In case of non-compliance, Member States shall ensure that appropriate restrictive measures, such as withdrawal of the non- compliant packaging from the market or penalties as set under Article 62 to said manufacturer, are taken by competent authorities.
2023/05/26
Committee: ENVI
Amendment 2245 #

2022/0396(COD)

Proposal for a regulation
Article 38 – paragraph 1 a (new)
1a. The Commission shall, by [OP: please insert the date = 18 months after the date of entry into force of this Regulation], adopt a delegated act to establish sub-targets for packaging made of: (a) Plastic (b) Paper and cardboard (c) Glass (d) Metal (e) Composite materials
2023/05/26
Committee: ENVI
Amendment 2246 #

2022/0396(COD)

Proposal for a regulation
Article 38 – paragraph 2
2. Member States shall implement measures aiming to prevent the generation of packaging waste and to minimise the environmental impact of packaging. In the pursuit of paragraph 1, Member States shall ensure that targets are not achieved through simple substitutions between packaging materials and systematically promote prevention of unnecessary or excessive packaging.
2023/05/26
Committee: ENVI
Amendment 2247 #

2022/0396(COD)

Proposal for a regulation
Article 38 – paragraph 2
2. Member States shall implement measures aiming to prevent the generaand take the necessary additional sustainability measures to achieve an ambitious and sustained reduction of the packaging waste and to minimise the environmental impact of packaging.generated per capita, in line with the overall objectives of the Union’s waste policy, in particular waste prevention and in order to reach the targets set out in this Article
2023/05/26
Committee: ENVI
Amendment 2260 #

2022/0396(COD)

4. By [OP: Please insert the date = 85 years after the date of entry into force of this Regulation], the Commission shall review the targets laid down in paragraph 1. To that end, the Commission shall, on the basis of documents to inform the Commission’s early warning report pursuant to Article 36 of this Regulation as well as all data deemed relevant, review progress towards the targets laid down in paragraph 1 and assess the need to set new targets. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if the Commission finds it appropriate, by a legislative proposal.
2023/05/26
Committee: ENVI
Amendment 2728 #

2022/0396(COD)

Proposal for a regulation
Annex V – row 3
Single use packaging for foods and Trays, beverages filled and consumed within the disposable Single use premises in the HORECA sector which plates and plastic, single, as well as plates and Single use sport and similar activities sector, creative, cups, bags, plastic, single arts and entertainment sector, which foil, boxes use composite include all eating area inside and outside a cups, bags, 3. use composite packaging or place of business, covered with tables and foil, boxes 3. packaging or other single stools, standing areas, and eating areas other s use packagingle offered to the end users jointly by several use packaging economic operators or third party for the purpose of food and drinks consumption
2023/05/15
Committee: ENVI
Amendment 104 #

2022/0394(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) In its Special Report on the Ocean and Cryosphere in a Changing Climate1a, the IPCC also recalls that blue carbon ecosystems - such as tidal marshes, mangroves and seagrasses - present in the European Union territory, including outermost regions, have high carbon burial rates on a per unit area basis and accumulate carbon in their soils and sediments, making them significant net carbon sinks1b and a key tool for achieving the Green Pact's goal of climate neutrality. __________________ 1a 2019 IPCC Special Report on the Ocean and Cryosphere in a Changing Climate 1b 2017, International Union for Conservation of Nature (IUCN), Blue carbon
2023/06/29
Committee: ENVI
Amendment 122 #

2022/0394(COD)

Proposal for a regulation
Recital 4
(4) The Union certification framework will support the development of carbon removal activities in the Union that result in an unambiguous net carbon removal benefit, while avoiding greenwashing. In the case of carbon farming, such certification framework should also encourage the uptake of carbon removal activities that generate co-benefits for biodiversity, therefore achieving the nature restoration targets set out in Union law on nature restoration. In light of the major role played by blue carbon ecosystems in the natural absorption of carbon, the Commission should also develop within this EU certification framework a specific methodology for including these ecosystems in eligible projects under the certification scheme, in particular to encourage Member States to include blue carbon initiatives in their Nationally Determined Contributions (NDCs). The Union certification framework will be instrumental in meeting the Union climate change mitigation objectives set in international agreements and in the Union legislation.
2023/06/29
Committee: ENVI
Amendment 164 #

2022/0394(COD)

Proposal for a regulation
Recital 7 a (new)
(7a) The Commission should put in place careful planning and robust means to collect data on blue carbon capture and storage, such as adaptation strategies in the management and development plans of all coastal and marine sectors (aquaculture, fisheries, tourism, transport, etc.) including data-collection systems related to carbon sequestration and mapping of these ecosystems.
2023/06/29
Committee: ENVI
Amendment 171 #

2022/0394(COD)

Proposal for a regulation
Recital 8
(8) The second step for quantifying the net carbon removal benefit should consist of subtracting any increase in greenhouse gas emissions related to the implementation of the carbon removal activity. Relevant greenhouse gas emissions that should be taken into consideration include direct emissions, such as those resulting from the use of more fertilisers, fuel or energy, or indirect emissions, such as those resulting from land use change (which should be assessed against different food production scenarios in order to avoid disincentive projects in less intensive production), with consequent risks for food security due to displacement of agricultural production. A reduction in greenhouse gas emissions resulting from the implementation of the carbon removal activity should not be taken into account to quantify the net carbon removal benefit, but should be considered as a co-benefit towards the sustainability objective of climate change mitigation; by being reported on the certificates, decreases in greenhouse gas emissions (like the other sustainability co- benefits) can increase the value of the certified carbon removals.
2023/06/29
Committee: ENVI
Amendment 222 #

2022/0394(COD)

Proposal for a regulation
Recital 15
(15) Carbon removal activities have a strong potential to deliver win-win solutions for sustainability, even if trade- offs cannot be excluded. Therefore, it is appropriate to establish minimum sustainability requirements to ensure that carbon removal activities have a neutral impact or generate co-benefits for the sustainability objectives of climate change mitigation and adaptation, the protection and restoration of biodiversity and land- based, marine and coastal ecosystems, the sustainable use and protection of water and marine resources, the transition to a circular economy, and pollution prevention and control. Those sustainability requirements should, as appropriate, and taking into consideration local conditions, build on the technical screening criteria for Do Not Significant Harm concerning forestry activities and underground permanent geological storage of CO2, laid down in Commission Delegated Regulation (EU) 2021/213928 , and on the sustainability criteria for forest and agriculture biomass raw material laid down in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council29 . Practices, such as forest monocultures, that produce harmful effects for biodiversity should not be eligible for certification. __________________ 28 Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives (OJ L 442, 9.12.2021, p. 1). 29 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
2023/06/29
Committee: ENVI
Amendment 377 #

2022/0394(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) ‘biogenic carbon pool’ means above-ground biomass, below-ground biomass, coastal and marine ecosystems, such as mangroves, salt marshes and seagrasses (blue carbon), litter, dead wood and soil organic carbon as set out in points (a) to (e) of Part B of Annex I to Regulation 2018/841;
2023/06/02
Committee: ENVI
Amendment 388 #

2022/0394(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) ‘operator’ means any legal or physical person who operates or controls a carbon removal activity on land or marine, or to whom decisive economic power over the technical functioning of the activity has been delegated;
2023/06/02
Committee: ENVI
Amendment 415 #

2022/0394(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h
(h) ‘carbon farming’ means a carbon removalstorage or reduction activity related to land managementor coastal management, agriculture or forestry that results in the increase of carbon storage in living biomass, dead organic matter and soils by enhancing carbon capture and/or reducing the release of carbon to the atmosphere while at the same time achieving biogenic emission reduction, such as methane and nitrous oxide reduction. For activities carried out in the livestock sector, carbon storage and reduction is assessed on a per hectare basis;
2023/06/02
Committee: ENVI
Amendment 425 #

2022/0394(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
(ha) ‘carbon farming activity’ means one or more practices or processes carried out by an operator resulting in carbon storage or emission reductions from carbon farming;
2023/06/02
Committee: ENVI
Amendment 428 #

2022/0394(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h b (new)
(hb) ‘carbon farming storage’ means a carbon farming activity that stores atmospheric and biogenic carbon in living biomass, soils and dead organic matter as defined per carbon farming activity in the certification methodology;
2023/06/02
Committee: ENVI
Amendment 438 #

2022/0394(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
(ia) 'carbon storage in marine and coastal ecosystems' means a carbon removal activity related to coastal and marine ecosystems management, that increases carbon storage in living biomass.
2023/06/02
Committee: ENVI
Amendment 452 #

2022/0394(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point o a (new)
(oa) ‘carbon farming storage unit’ means one tonne of certified net carbon farming storage benefit generated by a carbon farming activity and registered by a certification scheme.
2023/06/02
Committee: ENVI
Amendment 458 #

2022/0394(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point o b (new)
(ob) ‘carbon farming greenhouse gas reduction unit’ means one tonne of certified net greenhouse gas reduction benefit generated by a carbon farming activity and registered by a certification scheme;
2023/06/02
Committee: ENVI
Amendment 466 #

2022/0394(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Carbon removals shall be eligible for certificationand carbon farming shall respectively be eligible for certification under separate certification frameworks under this Regulation where they meet both of the following conditions:
2023/06/02
Committee: ENVI
Amendment 472 #

2022/0394(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) they are generated from a carbon removal activity or carbon farming activity that complies with the quality criteria set out in Articles 4 to 7;
2023/06/02
Committee: ENVI
Amendment 479 #

2022/0394(COD)

Proposal for a regulation
Article 3 – paragraph 1 a (new)
For carbon farming, Annex III provides a non-exhaustive list of examples of measures that might be eligible for certification, if managed correctly. The Commission shall review the list periodically and is empowered to adopt delegated acts in accordance with Article 16 to include further examples to the list in order to ensure that new and innovative practices are promoted.
2023/06/02
Committee: ENVI
Amendment 507 #

2022/0394(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. In the case of carbon farming, CRNet carbon benefit = [(CRtotal – CRbaseline) + (RGHGbaseline – RGHGtotal)] > 0 where: (a) CRbaseline is the carbon removals under the baseline and; (b) CRtotal shall be understood as net greenhouse gas removals or emissions in accordance with the accounting rules laid down in Regulation (EU) 2018/841. is the total carbon removals of the carbon removal; (c) RGHGbaseline is the release of direct and indirect GHG emissions under the baseline; (d) RGHGtotal is the release of direct and indirect GHG emissions under the carbon removal and carbon emission reduction activities; 2. A carbon farming activity shall provide a net carbon farming benefit, which shall be quantified using the following formula: Net carbon benefit = [(CRtotal – CRbaseline) + (RGHGbaseline – RGHGtotal)] > 0 where: (a) CRbaseline is the carbon removals under the baseline; (b) CRtotal is the total carbon removals of the carbon removal; (c) RGHGbaseline is the release of direct and indirect GHG emissions under the baseline; (d) RGHGtotal is the release of direct and indirect GHG emissions under the carbon removal and carbon emission reduction activities;
2023/06/02
Committee: ENVI
Amendment 514 #

2022/0394(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2a. A specific quantification must be established for carbon removal activities resulting from blue carbon ecosystems.
2023/06/02
Committee: ENVI
Amendment 559 #

2022/0394(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. A carbon removal activity and a carbon farming activity shall be additional. To that end, the carbon removal activity shall meet both of the following criteria:
2023/06/02
Committee: ENVI
Amendment 614 #

2022/0394(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. For carbon farming and carbon storage in products, the carbon stored by a carbon removalthe purpose of paragraph 1(a), the carbon stored shall be considered released to the atmosphere at the end of the permanence assessment period included in the certification methodology, provided the minimum monitoring period is respected, unless the operator or the group of operators renew the period by proving the continued and uninterrupted maintenance of carbon farming activity and monitoring. However, a carbon farming activity shall be consinot lead to a decred released to the atmosphere at the end ofased carbon sink, as defined in Regulation (EU) 2018/841, compared to the baseline beyond the monitoring period.;
2023/06/02
Committee: ENVI
Amendment 622 #

2022/0394(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. For carbon farming and carbon storage in products, the carbon stored by a carbon removal activity shall be considered released to the atmosphere at the end of the monitoring period, unless the relevant operator demonstrates the continuation of the activities.
2023/06/02
Committee: ENVI
Amendment 634 #

2022/0394(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) for industrial carbon storage and carbon storage in products only, climate change mitigation beyond the net carbon removal benefit referred to in Article 4(1);
2023/06/02
Committee: ENVI
Amendment 638 #

2022/0394(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) transition to a circular economyand bio- based economy, such as replacement of fossil-based products with bio-based products;
2023/06/02
Committee: ENVI
Amendment 642 #

2022/0394(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point f
(f) protection and restoration of biodiversity and land-based, marine and coastal ecosystems.
2023/06/02
Committee: ENVI
Amendment 669 #

2022/0394(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Where an operator or group of operators report co-benefits that contribute to the sustainability objectives referred to in paragraph 1 beyond the minimum sustainability requirements referred to in paragraph 2, they shall comply with the certification methodologies set out in delegated acts referred to in Article 8. The certification methodologies shall incentivise as much as possible the generation of co-benefits going beyond the minimum sustainability requirements, in particular for the objective referred to in paragraph 1, point (f). For carbon farming activities, the net carbon storage and reduction benefit referred in Article 4(1) shall be multiplied by a sustainability weighing factor differentiating the levels of ambitions refereed to in paragraph 1, point (b), (c), (d), (e) and (f), based on clear indicators to be defined by delegated acts no later than one year after the entry into force of this legislation.
2023/06/02
Committee: ENVI
Amendment 767 #

2022/0394(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Use of certificates Where carbon removal or carbon farming units are used to contribute to stated climate objectives, such units shall not be double counted. Any use of certificates shall ensure the highest integrity of climate mitigation, and shall not lead to increased greenhouse gas emissions. Carbon removal units and carbon farming units shall remain distinct from each other. Carbon farming units must not be used to count as compensations or contributions towards any fossil fuel- based greenhouse gas emissions.
2023/06/02
Committee: ENVI
Amendment 806 #

2022/0394(COD)

Proposal for a regulation
Article 12 – title
The EU Negative Carbon Registriesy
2023/06/02
Committee: ENVI
Amendment 814 #

2022/0394(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. A certification schemeThe European Commission shall establish and duly maintain a public registry to make publicly accessible the information related to the certification process, including the certificates and updated certificates, and the quantity of carbon removal units and carbon farming units certified in accordance with Article 9. Those registriesy shall use automated systems, including electronic templates, and shall be interoperable. All information and data entering the registry should be publicly available and easily downloadable.
2023/06/02
Committee: ENVI
Amendment 875 #

2022/0394(COD)

Proposal for a regulation
Article 18 – paragraph 2 c (new)
2c. The European Commission shall examine the options for laying down market-based obligations for food refiners and food processors to take greater responsibility for emissions in their food supply chain, and shall, if appropriate, no later than 12 months after the entry into force of this Regulation present a legislative proposal to this effect, setting obligations and criteria for their purchase of certificates generated from carbon farming activities However, this proposal should not, under any circumstances, put any constraint to whom certificates generated from carbon farming activities could be sold to.
2023/06/02
Committee: ENVI
Amendment 888 #

2022/0394(COD)

Proposal for a regulation
Annex I – paragraph 1 – point k b (new)
(kb) rules on the differentiation of level of sustainable co-benefits referred to in Article 7(1) and the sustainable weighing factor attached.
2023/06/02
Committee: ENVI
Amendment 923 #

2022/0394(COD)

Proposal for a regulation
Annex II a (new)
Annex III Non-exhaustive list of examples of carbon farming activities eligible for certification Nature and landscape activities · Planting hedgerows · Planting trees in crop- and grasslands · Creation of interspersed habitats/retreats for wildlife with permanent plant cover on agricultural land Wetlands and Peatlands activities · Coastal seagrass restoration · Coastal marshland restoration · Coastal dunes vegetation restoration · Peatland restoration - re-wetting / reduced drainage of freshwater peatlands · Rainwater bioretention areas / Rainwater Harvesting, Paludiculture Cropland activities · Conversion of cropland to permanent grassland · Cultivation of deep rooting plants · Annual cultivation of cover crops / permanent greening, also undersown crops · Cultivation of perennial crops · SOC-enriching crop rotations / choice of crops · Cultivation of arable crops · Retention of crop residues · Change of tillage system - to reduced or no tillage (strip-till), also reduction of soil compaction by heavy machinery, including the use of permanent tracks · Deep inversion tillage · Agroforestry systems · Orchards and vineyards · Lignocellulose from agricultural production · Biochar as soil additive · Cultivation of fibre plants as industrial raw material · Cultivation of perennial forage crops Permanent grassland activities · Converting grass leys to grass-legume mixtures · Woody plant encroachment on former meadows and pastures · Grazing – Optimal Intensity · Restoration of degraded grassland through optimal management intensity · Cutting time restrictions for insect- and bird-friendly management Forestry activities · Reforestation · Carbon sequestration optimised stand management · Conversion to climate-stable mixed species forests · Rewetting/reduced drainage of forests on low productivity peatlands · Species-rich graded forest edges · Fauna and fungi enhancing measures
2023/06/02
Committee: ENVI
Amendment 180 #

2022/0365(COD)

Proposal for a regulation
Recital 1
(1) The internal market is an area in which the free movement of goods, persons, services and capital must be ensured. To that end Regulation (EU) 2018/858 of the European Parliament and of the Council43 introduced a comprehensive type-approval and market surveillance system for motor vehicles, trailers, and for systems, components and separate technical units intended for such vehicles and tyres for all vehicles. _________________ 43 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).
2023/07/04
Committee: ENVI
Amendment 184 #

2022/0365(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) A successful transition to zero- emission mobility requires an integrated approach and the right enabling environment to stimulate innovation and maintain the Union's technological leadership in this sector. That includes public and private investments in research and innovation, the increasing supply of zero- and low-emission vehicles, the roll- out of recharging and refuelling infrastructure, integration into the energy systems, as well as the sustainable materials supply and sustainable production, re-use and recycling of batteries in Europe. That requires coherent action at Union, national, regional and local levels.
2023/07/04
Committee: ENVI
Amendment 185 #

2022/0365(COD)

Proposal for a regulation
Recital 2 b (new)
(2b) In order to support the transition towards clean mobility while reindustrialising Europe and supporting citizens, it is essential to keep the prices of private and commercial vehicles affordable for citizens and businesses. This will help maintain quality of life, industrial competitiveness and innovation, support job creation and skill development in the sector.
2023/07/04
Committee: ENVI
Amendment 186 #

2022/0365(COD)

Proposal for a regulation
Recital 2 c (new)
(2c) A socially acceptable and just transition towards zero-emission mobility should be ensured. It is important, therefore, to take into account the social effects of such transition throughout the whole automotive value chain and to address proactively the implications on employment. Targeted programmes at Union, national and regional levels such as the development of Just Transition Plans for Automotive Dependant Regions are to be developped in the framework of the Just Transition Mechanism for the re- skilling, up-skilling and redeployment of workers, as well as education and job- seeking initiatives in adversely affected communities and regions, in close dialogue with the social partners and competent authorities. As part of that transition, women's employment, as well as equal opportunities in this sector, should be strengthened.
2023/07/04
Committee: ENVI
Amendment 242 #

2022/0365(COD)

Proposal for a regulation
Recital 12
(12) Non-exhaust emissions consist of particles emitted by tyres and brakes of vehicles. Emissions from tyres is estimated to be the largest source of microplastics to the environment. As shown in the Impact Assessment, it is expected that by 2050, non-exhaust emissions will constitute up to 90% of all particles emitted by road transport, because exhaust particles will diminish due to vehicle electrification. Those non-exhaust emissions should therefore be measured and limited. The Commission should prepare a report on tyre abrasion by the end of 2024 to review the measurement methods and state-of-the- art in order to propose tyre abrasion limits. The European Commission should ensure that the work on tyre abrasion done at the UN World Forum for Harmonisation of Vehicle Regulations (WP29) achieves its environmental objectives in a timely manner, reflecting a high level of ambition and is based on solid scientific and technical grounds.
2023/07/04
Committee: ENVI
Amendment 248 #

2022/0365(COD)

Proposal for a regulation
Recital 12
(12) Non-exhaust emissions consist of particles emitted by tyres and brakes of vehicles. Emissions from tyres is estimated to be the largest source of microplastics to the environment. As shown in the Impact Assessment, it is expected that by 2050, non-exhaust emissions will constitute up to 90% of all particles emitted by road transport, because exhaust particles will diminish due to vehicle electrification. Those non-exhaust emissions should therefore be measured and limited. The Commission should prepare a report on tyre abrasion by the end of 2024 to review the measurement methods and state-of-the- art in order to propose tyre abrasion limits by December 2025 at the latest should the work on tyre abrasion done at UN WP 29 is delayed.
2023/07/04
Committee: ENVI
Amendment 252 #

2022/0365(COD)

Proposal for a regulation
Recital 14
(14) Vehicles with traction batteries, including plugin hybrids and especially battery electric vehicles, contribute to the decarbonisation of the road transport sector. In order to gain and increase consumer trust in such vehicles, they should be performant and durable . It is therefore important to require that traction batteries retain a good part of their initial capacity after many years of use. That is of particular importance to buyers of second hand electric vehicles to ensure that the vehicle will continue to perform as expected. Monitors of the battery state-of- health should therefore be required for all vehicles that use traction batteries. In addition minimum performance requirements for battery durability of passenger cars should be introduced, taking into account the UN Global Technical Regulation 2247 and technological development. It is imperative that battery durability is complemented by a robust charging infrastructure, competitive pricing, extended warranties, and continuous innovation to enhance their range, efficiency, and integration with renewable energy sources. This will not only foster consumer adoption but also promote a more rapid and sustainable transition to a decarbonised transport. _________________ 47 United Nations Global Technical Regulation on In-vehicle Battery Durability for Electrified Vehicles, UN GTR 22
2023/07/04
Committee: ENVI
Amendment 287 #

2022/0365(COD)

Proposal for a regulation
Recital 18
(18) In case the Commission makes a proposal for registering after 2035 new light-duty vehicles running exclusively on CO2 neutral fuels outside the scope of the CO2 fleet standards, and in conformity with Union law and the Union’s climate neutrality objective, this Regulation will need to be amended to include the possibility to type approve such vehicles.deleted
2023/07/04
Committee: ENVI
Amendment 318 #

2022/0365(COD)

Proposal for a regulation
Recital 22
(22) In order to amend or supplement, as appropriate, non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of test conditions based on data collected when testing Euro 7 vehicles, brakes or tyres; test requirements, in particular taking into account technical progress and data collected when testing Euro 7 vehicles; introducing vehicle options and designations based on innovative technologies for manufacturers but also setting out brake particle emission limits, including their dispersion rates and abrasion limits for tyre types as well as minimum performance requirements of batteries and durability multipliers based on data collected when testing Euro 7 vehicles and setting out definitions and special rules for small volume manufacturers for vehicles of categories M2, M3, N2, N3, It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making51 . In particular, in order to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 51 OJ L 123, 12.5.2016, p. 1.
2023/07/04
Committee: ENVI
Amendment 330 #

2022/0365(COD)

Proposal for a regulation
Recital 26 a (new)
(26a) Member States are encouraged to develop and implement strategies for incentivising fleet renewal, with the aim of shortening vehicle lifespans and facilitating a progressive transition of the European fleet towards vehicles with reduced emissions, contributing to a cleaner and more sustainable transport ecosystem
2023/07/04
Committee: ENVI
Amendment 344 #

2022/0365(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
2a. This Regulation establishes common technical requirements and administrative provisions for the type- approval and market surveillance of newly-manufactured tyres of class C1, C2 and C3 with regard to their abrasion. These are to be considered together with the tyre technical requirements, administrative provisions and market surveillance of the General Safety Regulation (EU) 2019/2144.
2023/07/04
Committee: ENVI
Amendment 349 #

2022/0365(COD)

Proposal for a regulation
Article 2 – paragraph 1 a (new)
This Regulation establishes common technical requirements and administrative provisions for the type-approval and market surveillance of all newly- manufactured tyres of class C1, C2 and C3 with regard to their abrasion. These are to be considered together with the tyre technical requirements, administrative provisions and market surveillance of the General Safety Regulation (EU) 2019/2144.
2023/07/04
Committee: ENVI
Amendment 375 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 29
(29) ‘tyre abrasion’ means the ratio of mass of material lost from the tyre due to the abrasion process and emitted to the environment;per 1000 km of distance travelled to the load on the tyre,and expressed in g/1000km/t.
2023/07/04
Committee: ENVI
Amendment 376 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 29 a (new)
(29a) ‘tyre abrasion index’ means the dimensionless unit for expressing the tyre abrasion rate of a tyre relative to that of the applicable Standard Reference Test Tyre (SRTT).
2023/07/04
Committee: ENVI
Amendment 439 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 65
(65) ‘traction battery’ means a battery system that stores energy with the main purpose of propelling the vehicle, including its battery management system;
2023/07/04
Committee: ENVI
Amendment 440 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 65 a (new)
(65a) 'battery management system' means any electronic system that manages a rechargeable battery, including elements that protect the battery from operating outside its "safe operating area", monitoring its state, calculating secondary data, reporting that data, controlling its environment, authenticating it and/or balancing it;
2023/07/04
Committee: ENVI
Amendment 442 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 67
(67) ‘zero-emission range’ means the maximum distance a zero-emission vehicle or a vehicle in zero-emission mode can travel until the traction battery or fuel tank is depleted, which for PEVs corresponds to the electric range;
2023/07/04
Committee: ENVI
Amendment 486 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Manufacturers shall ensure that the new vehicles they manufacture, which are sold, registered or put into service in the Union, are type approved in accordance with this Regulation. Manufacturers shall ensure that the new components or separate technical units, including engines, traction batteries, brake systems, tyres and replacement pollution control systems requiring type- approval which they manufacture and which are sold or put into service in the Union are type approved in accordance with this Regulation
2023/07/04
Committee: ENVI
Amendment 512 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Manufacturers shall design and construct components or separate technical units, including engines, traction batteries, brake systems, tyres, and replacement pollution control systems to comply with this Regulation, including complying with the emission limits set out in Annex I.
2023/07/04
Committee: ENVI
Amendment 542 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 7 – point e a (new)
(ea) brake dust collection warning system
2023/07/04
Committee: ENVI
Amendment 559 #

2022/0365(COD)

Proposal for a regulation
Article 5
[...]deleted
2023/07/04
Committee: ENVI
Amendment 566 #

2022/0365(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) for ICEV and NOVC-HEV by declaring compliance with at least 20 % lower emission limits than those set out in Annex I for gaseous pollutants and brake particle emissions and one order of magnitude lower emission limits for particle number emissions;
2023/07/04
Committee: ENVI
Amendment 568 #

2022/0365(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) for OVC-HEV by declaring compliance with at least 20 % lower emission limits than those set out in Annex I for gaseous pollutants, and brake particle emissions and one order of magnitude lower emission limits for particle number emissions and battery durability that is at least 10 percentage points higher than the requirements set out in Annex II;
2023/07/04
Committee: ENVI
Amendment 611 #

2022/0365(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Manufacturers shall ensure that these vehicles comply with the values regarding CO2 emissions, fuel and energy consumption and, energy efficiency and brake particle emissions declared under the provisions of this Regulation for the lifetime of the vehicle as set out in Annex IV, Table 1.
2023/07/04
Committee: ENVI
Amendment 783 #

2022/0365(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. With effect from 1 July 2025, the sale or installation of a system, component or separate technical unit intended to be fitted on an M1, N1 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit isand tyres of categories C1, C2 and C3 are not of type approved in compliance with this Regulation.
2023/07/04
Committee: ENVI
Amendment 808 #

2022/0365(COD)

Proposal for a regulation
Article 11 – paragraph 3 a (new)
3a. With effect from the dates indicated in the Secondary Legislation transposing the relevant UN WP29 Regulation on tyre abrasion and its implementation dates amending Annexes I and III of this Regulation for the purposes of tyre abrasion for C1, C2 and C3 classes respectively, national authorities shall refuse, on grounds relating to the areas of tyres covered by Article 7 a new (Specific provisions relating to vehicle tyre abrasion), to grant EC type approval in respect of new tyre type and prohibit the placing on the market of existing tyre types of tyre which do not comply with this Regulation and its implementing and delegated acts. Tyres that were manufactured prior to the dates mentioned in the previous Paragraph and which do not comply with the requirements of Annex I may be sold for a period not exceeding 30 months from those dates.
2023/07/04
Committee: ENVI
Amendment 817 #

2022/0365(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. National authorities shall, during in-service conformity or market surveillance checks, verify whether manufacturers of vehicles have correctly installed excess emissions driver warning systems, low-reagent driver warning systems, low brake particle emission control, and whether vehicles can be tampered.
2023/07/04
Committee: ENVI
Amendment 939 #

2022/0365(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point b
(b) Annex III, as regards the test conditions, including dispersion rates, based on data collected when testing Euro 7 brakes or tyres;
2023/07/04
Committee: ENVI
Amendment 954 #

2022/0365(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) setting out brake particle emission limits in Annex Icluding dispersion rates, in Annex I for M&, N1 referring to the work performed in the UN World Forum for Harmonisation of Vehicle Regulations (WP29) no later than December 2025 and for M2, M3, N2, N3 vehicles vehicles no later than December 2026 ;
2023/07/04
Committee: ENVI
Amendment 956 #

2022/0365(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b
(b) setting out abrasion limits for tyre types in Annex I referring to the work performed in the UN World Forum for Harmonisation of Vehicle Regulations (WP29). In the absence of agreement at the international level by Deecember 2025, the Commission shall proceed with proposing abrasion limits;
2023/07/04
Committee: ENVI
Amendment 1114 #

2022/0365(COD)

Proposal for a regulation
Annex I – Table 4 – Title
Table 4: Euro 7 brake particle emission limits in standard driving cycle applying until 31/12/203429
2023/07/12
Committee: ENVI
Amendment 1121 #

2022/0365(COD)

Proposal for a regulation
Annex I – Table 5 – Title
Table 5: Euro 7 brake particle emission limits in applying from 1/1/20350
2023/07/12
Committee: ENVI
Amendment 1144 #

2022/0365(COD)

Proposal for a regulation
Annex II – Table 1 – Section I – Row 1
Euro 7 Minimum performance requirements (MPR) for battery durability for M1 vehicles Battery energy based Start of life to 5 Vehicles more than 5 Vehicles up to MPR years or 100 000 km years or 100 000 km, additional lifetime* whichever comes and up to whichever first comes first of 810 years or 16200 000 km
2023/07/12
Committee: ENVI
Amendment 1150 #

2022/0365(COD)

Proposal for a regulation
Annex II – Table 1 – Section I – Row 2
Euro 7 Minimum performance requirements (MPR) for battery durability for M1 vehicles Battery energy based Start of life to 5 Vehicles more than 5 Vehicles up to MPR years or 100 000 km years or 100 000 km, additional lifetime* whichever comes and up to whichever first comes first of 8 years or 160 000 km OVC-HEV 890% 780%
2023/07/12
Committee: ENVI
Amendment 1156 #

2022/0365(COD)

Proposal for a regulation
Annex II – Table 1 – Section I – Row 3
Euro 7 Minimum performance requirements (MPR) for battery durability for M1 vehicles Battery energy based Start of life to 5 Vehicles more than 5 Vehicles up to MPR years or 100 000 km years or 100 000 km, additional lifetime* whichever comes and up to whichever first comes first of 8 years or 160 000 km PEV 807% 70% 5%
2023/07/12
Committee: ENVI
Amendment 1177 #

2022/0365(COD)

Proposal for a regulation
Annex II – Table 2 – Section I – Row 2
Euro 7 Minimum performance requirements (MPR) for battery durability for NM1 vehicles Battery energy based Start of life to 5 Vehicles more than 5 Vehicles up to MPR years or 100 000 km years or 100 000 km, additional lifetime* whichever comes and up to whichever first comes first of 8 years or 160 000 km OVC-HEV 7580% 65% 70%
2023/07/12
Committee: ENVI
Amendment 1186 #

2022/0365(COD)

Proposal for a regulation
Annex II – Table 2 – Section I – Row 3
Euro 7 Minimum performance requirements (MPR) for battery durability for NM1 vehicles Battery energy based Start of life to 5 Vehicles more than 5 Vehicles up to MPR years or 100 000 km years or 100 000 km, additional lifetime* whichever comes and up to whichever first comes first of 8 years or 160 000 km PEV 7580% 65% 70%
2023/07/12
Committee: ENVI
Amendment 1264 #

2022/0365(COD)

Proposal for a regulation
Annex IV – Table 1 – Row 3
Lifetime of vehicles, engines and pollution control systems Lifetime of vehicles, M1, N1 and M2 N2, N3<16t, N3>16t, M3>7.5t engines and M3<7.5t: replacement pollution control devices Additional lifetime After main lifetime After main lifetime After main lifetime and up to 2040 000 and up to 375 000 and up to km or 102 years km 875 000 km whichever comes first
2023/07/10
Committee: ENVI
Amendment 73 #

2022/0345(COD)

Proposal for a directive
Recital 7
(7) During rainfall, storm water overflows and urban runoff represent a sizeable remaining source of pollution discharged into the environment. Those emissions are expected to increase due to the combined effects of urbanisation and progressive change of the rain regime linked with climate change. Climate change will indeed increase the likelihood of storm water overflows and urban runoff. Urban wastewater management infrastructures are therefore particularly vulnerable to climate change. Solutions to reduce that source of pollution should be defined at local level taking into account the specific local conditions and the vulnerability of these infrastuctures. They should be based on an integrated quantitative and qualitative water management in urban areas. Therefore, Member States should ensure that integrated urban wastewater management plans, including a stress test assessment of the vulnerability of collecting systems and urban wastewater treatment plants based on climate change scenarios, are established at local level for all agglomerations of 100 000 p.e. and above as those agglomerations are responsible for a significant share of the pollution emitted. Furthermore, integrated urban wastewater management plans should also be put in place for agglomeration of between 10 000 p.e. and 100 000 p.e. where storm water overflows or urban runoff poses a risk for the environment or public health.
2023/05/10
Committee: ENVI
Amendment 162 #

2022/0345(COD)

Proposal for a directive
Recital 19
(19) Urban wastewater treatment plants also receive non-domestic wastewater, including industrial wastewater, which can contain a range of pollutants not explicitly covered by Directive 91/271/EEC, such as heavy metals, micro-plastics, micro- pollutants and other chemicals. In most instances, there is a poor understanding and knowledge of such pollution which could deteriorate the functioning of the treatment process and contribute to the pollution of the receiving waters, but also prevent the recovery of sludge and the re-use of treated wastewater. Member States should therefore regularly monitor and report on such non-domestic pollution that enters the urban wastewater treatment plants and is discharged into water bodies. To prevent pollution from non-domestic wastewater discharges at source, releases from industries or enterprises connected to collecting systems should be subject to prior authorisation. In order to ensure that collecting systems and urban wastewater treatment plants are technically capable of receiving and treating the incoming pollution, the operators who manage urban wastewater treatment plants receiving non- domestic wastewater should be consulted before those permits are issued and should be able to consult the issued permits in order to be able to adapt their treatment processes. Where non-domestic pollution is identified in the incoming waters, Member States should take appropriate measures to reduce pollution at source, by enhancing the monitoring of pollutants in collecting systems so that the pollution sources can be identified and, where necessary, by reviewing the authorisations provided to relevant, connected urban wastewater treatment plants. The water resources of the Union are increasingly under pressure, resulting in permanent or temporary water scarcity in some areas of the Union. The Union’s ability to respond to the increasing pressures on water resources could be improved through a wider reuse of treated urban wastewater, limiting freshwater abstraction from surface and groundwater bodies. Therefore, the reuse of treated urban wastewater should be encouraged and applied wheneMember states shall establish National Water Saving and Reuse Plans setting national binding water reuse and water saving objectivers appropriatecross all sectors deemed relevant, whilst taking into account the need to ensure that the objectives of good ecological and chemical status of the receiving bodies, as defined in Directive 2000/60/EC, are met. The reinforcement of the requirements for the treatment of urban wastewater, and the actions to better monitor, track and reduce pollution at source, will have impacts on the quality of treated urban wastewater, and will therefore support water reuse. Where water reuse serves the purpose of agricultural irrigation, it should be carried out in accordance with Regulation (EU) 2020/741 of the European Parliament and of the Council51. _________________ 51 Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (OJ L 177, 5.6.2020, p. 32).
2023/05/10
Committee: ENVI
Amendment 166 #

2022/0345(COD)

Proposal for a directive
Recital 20
(20) In order to ensure a proper implementation of this Directive and notably the respect of the emission limit values, it is important to monitor discharges of treated urban wastewater into the environment. The monitoring should be done through the establishment at national level of a mandatory prior authorisation system in order to discharge the treated urban wastewater into the environment. In addition, in order to prevent unintentional dischargecontinuously prevent accidental acute leakages and chronic diffuse leaks of plastic biomedia into the environment from urban wastewater treatment plants using this technique, it is essential to include in the discharge authorisations specific obligations to continuously monitor and prevent such discharges, notably by promoting the use of appropriate retention solutions such as grids and mesh.
2023/05/10
Committee: ENVI
Amendment 217 #

2022/0345(COD)

Proposal for a directive
Recital 36
(36) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission for the adoption of standards for the design of individual systems, for the adoption of monitoring and assessment methods for the indicators of the quaternary treatment, for the establishment of common conditions and criteria for the application of the exoneration for certain products from extended producer responsibility, for establishing methodologies to support the development of integrated urban wastewater management plans and to measure antimicrobial resistance and micro-plastics in urban wastewater, and for the adoption of the format of, and modalities for, presenting the information to be provided by Member States and compiled by the EEA on the implementation of this Directive. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council67. The Commission shall adopt a delegated act to set requirements for the monitoring of micro-plastics in urban wastewater under article 8 point 5, in accordance with the procedure referred to in Article 27, 12 months after they are added on the watch list under directive 2022/0344 (COD). _________________ 67 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2023/05/10
Committee: ENVI
Amendment 324 #

2022/0345(COD)

(19) 'Producer Responsibility Organisation’ means an organisation established collectively by producers for the purpose ofto enable producers to fulfilling their obligations under Article 9;
2023/05/10
Committee: ENVI
Amendment 344 #

2022/0345(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 23
(23) ‘plastic biomedia’ means any plastic support used for the development of the bacteria, including but not limited to biocarriers, biobeads and polystyrene beads, needed for the treatment of urban wastewaters;
2023/05/10
Committee: ENVI
Amendment 748 #

2022/0345(COD)

Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1
Member States shall ensure that producers referred to in paragraph 1 exercise their extended producer responsibility collectively by adhering to a producer responsibility organisation or that an established organisation enables these producers to fulfill their obligations.
2023/05/10
Committee: ENVI
Amendment 955 #

2022/0345(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall systematically promote the reuse of treated wastewater from all urban wastewater treatment plants, when there is no adverse effect for the environment and health risk management measures have been implemented.The needs for water reuse shall be assessed having regards to national river basin management plans established under the Water Framework Directive 2000/60/EC.Member States shall also take into consideration water quality criteria when planning reuse purposes. Where treated wastewater is reused for agricultural irrigation, it shall comply with the requirements established under Regulation (EU) 2020/741 . .
2023/05/10
Committee: ENVI
Amendment 960 #

2022/0345(COD)

Proposal for a directive
Article 15 – paragraph 1 a (new)
1a. By [24 months after the date of entry into force of this Regulation], Member States shall establish, in consultation with the relevant stakeholders, a National Water Saving and Reuse plan that includes: a) binding national water reuse and water saving objectives across all sectors deemed relevant, taking account of climate change projections on the availability of water, to alleviate the pressures on the quantitative status of groundwater bodies as referred to in Directive 2000/60/EC, and surface water bodies in which treated urban waste water is discharged; b) a list of wastewater treatment plants treating a load of 100 000 p.e. and above, and five years after adoption of the directive a list of wastewater treatment plants treating a load of 10 000 p.e. for which a plan must be deployed for municipal, industrial, agricultural, or environmental uses; c) a description of the implementing measures to reach these targets, including the financial means associated.
2023/05/10
Committee: ENVI
Amendment 1166 #

2022/0345(COD)

Proposal for a directive
Article 22 – paragraph 1 a (new)
1a. (ja) by December 2025, set up a data set containing information on the type and the volume (if applicable) of technologies used for biological waste treatment such as plastic biomedia, used by individual, municipal and industrial plants, and update that data set every 5 years thereafter;
2023/05/10
Committee: ENVI
Amendment 1171 #

2022/0345(COD)

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2 – point a a (new)
aa) an assessment of the state of implementation of the targets on water reuse and saving set under article 15, paragraph 1.
2023/05/10
Committee: ENVI
Amendment 1281 #

2022/0345(COD)

Proposal for a directive
Article 32 – paragraph 2
2. Article 3(1) and (2) and Article 6(1) shall apply from 31 December 202730 in respect of Mayotte. Before the end of the transitional period, the Commission shall collect the information necessary to analyse the possibility of prolonging these transitional arrangements.
2023/05/10
Committee: ENVI
Amendment 1332 #

2022/0345(COD)

Proposal for a directive
Annex III – point 2 a (new)
2a. Detergents falling within the scope of Regulation (EC) No 648/2004 of the European Parliament and of the Council.1a _________________ 1a Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents
2023/05/10
Committee: ENVI
Amendment 1338 #

2022/0345(COD)

Proposal for a directive
Annex V – point 1 – point b a (new)
(ba) a stress test assessment of the vulnerability of collecting systems and urban wastewater treatment plants based on climate change scenarios;
2023/05/10
Committee: ENVI
Amendment 1359 #

2022/0345(COD)

Proposal for a directive
Annex V – point 3
3. the measures to be taken to achieve the objectives referred to in point 2 and adaptation measures to climate change for the relevant infrastructures on the basis of the stress test assessment referred to in point (ba) in paragraph 1 of this Article accompanied with a clear identification of the actors involved and their responsibilities in the implantation of the integrated plan.
2023/05/10
Committee: ENVI
Amendment 45 #

2022/0212(BUD)

Draft opinion
Paragraph 7 a (new)
7 a. Calls for the European Financial Reporting Advisory Group (EFRAG) to receive sufficient public funding to ensure its independence, in particular to develop high-quality sustainability reporting standards that contribute to the European public good and meet the needs of Union undertakings;
2022/07/25
Committee: ECON
Amendment 434 #

2022/0196(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) Manufacturers are key players for the development of alternative to chemical pesticides, whose availability is a necessary step to reach the objectives of this Regulation. It is therefore relevant to ask them to develop a transformation plan, using solid already existing indicators in the EU law, in order to understand how they contribute to the replacement of chemical pesticides with non-chemical alternatives, such as biological control product or services to reduce the use of input or to enhance the uptake of relevant agronomic practices. Such an obligation would enhance transparency of the production of pesticides, and urge manufacturer to switch their business model.
2023/04/04
Committee: ENVI
Amendment 647 #

2022/0196(COD)

Proposal for a regulation
Recital 48 a (new)
(48a) In order to support the transition to sustainable food systems and to support the international agreement of the Kunming-Montreal Global Biodiversity Framework, it is important to continue to strengthen the coherence between the European Green Deal, the European Union's sectoral policies and the common trade policy. This coherence requires, in particular, better application of European production standards, in particular sanitary, phytosanitary, environmental and animal welfare standards, to imported products. A variety of tools exist for this purpose at multilateral, bilateral and autonomous level, as noted in the European Commission's report of June 2022, and has to be used in the relevant Regulations and their appropriate application (the Regulation (EC) No 396/2005 on MRLs for instance). This Regulation must contribute to this coherence.
2023/04/04
Committee: ENVI
Amendment 652 #

2022/0196(COD)

Proposal for a regulation
Recital 48 b (new)
(48b) Points out that the target 7 of the Kunming-Montreal Global Biodiversity Framework requires parties to tackle the risk of pesticides and highly hazardous chemicals;
2023/04/04
Committee: ENVI
Amendment 2370 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 1 a (new)
1a. Certification schemes shall be delivered only if their associated trainings include proper agronomics training allowing professional users to be able to assess the possibility to use the IPM hierarchy defined in Article 13 every time it is feasible.
2023/04/05
Committee: ENVI
Amendment 2730 #

2022/0196(COD)

Proposal for a regulation
Article 43 a (new)Regulation (EU) 1107/2009

Article 9 a (new)
Article 43a Amendments to Regulation (EC) No 1107/2009 In Regulation (EC) No 1107/2009, the following Article 9a is inserted: “Article 9a Horizontal authorization for biological control product The Commission shall permit the extension of the use of biological control product as defined in Article 3(23) of Regulation 2022/196 on a single type of crop to all other crops without the addition of upfront efficacy data.
2023/04/05
Committee: ENVI
Amendment 2731 #

2022/0196(COD)

Proposal for a regulation
Article 43 b (new)Regulation (EU) 1107/2009

Article 9 b (new)
Article 43b Amendments to Regulation (EU) 1107/2009 In Regulation (EC) 1107/2009, the following Article 9b is inserted: "Article 9b (new) Priority for biological control product Member States shall apply a priority lane for biological control products as defined in Article 3(23) of Regulation 2022/196 in the application procedure for the approval of an active substance in accordance with Article 7(2) of Regulation (EC) No 1107/2009.”
2023/04/05
Committee: ENVI
Amendment 2732 #

2022/0196(COD)

Proposal for a regulation
Article 43 c (new)Regulation (EU) 1107/2009

Article 30
Article 43c Amendments to Regulation (EU) 1107/2009 Article 30 of Regulation (EC) 1107/2009 is replaced by the following: "Article 30 Provisional authorisation at Member State level 1. By way of derogation from Article 29(1)(a), Member States may authorise for a provisional period not exceeding 3 years, the placing on the market of plant protection products containing an biological active substance not yet approved, provided that: (a) the decision on approval could not be finalised within a period of 30 months from the date of admissibility of the application, extended by any additional period set in accordance with Article 9(2), Article 11(3) or Article 12(2) or (3); and (b) pursuant to Article 9se are biological active substances according to the definition in Article 3(23); (b) the dossier on the biological active substance is admissible in relation to the proposed uses pursuant to Article 9; and (c) the Member State concludes that the biological active substance can satisfy the requirements ofcriteria provided for in Article 4(2) and (3) and that the plant protection product may be expected to satisfy the requirements ofin Article 29(1)(b) to (h); and (d) maximum residue levels have been established in accordance with Regulation (EC) No 396/2005. 2. In such cases. 2. In case of a derogation as referred to in paragraph 1, the Member State shall immediately inform the other Member States and the Commission of its assessment of the dossier and of the terms of the authorisation, givincluding at least the information provided for in Article 57(1). 3. The provisions laid down in paragraphs 1 and 2 shall apply until 14 June 2016. If necessary, that time limitIf the Commission decides not to approve the new biological active substance, the Member State which granted the provisional authorisation, or the Commission, shall withdraw that authorisation. 3a. Where a decision on the approval of the new biological active substance has not been adopted by the Commission when the period of three years expires, the Member States which granted the provisional authorisation, or the Commission, may be extended in accordance with the provisional authorisation for a period not exceeding one year, provided that there aregulatory procedure with scrutiny referred to in Article 79(4). good reasons to believe that the biological active substance will satisfy the criteria provided for in Article 4(2) and (3). Member States which extend the provisional authorisation shall inform the other Member States and the Commission of such action.”
2023/04/05
Committee: ENVI
Amendment 2734 #

2022/0196(COD)

Proposal for a regulation
Article 43 d (new)
Regulation (EC) No 1107/2009
Article 50 – paragraph 1
1.Article 43d Amendments to Regulation (EU) 1107/2009 In Article 50 of Regulation (EC) No 1107/2009, paragraph 1 is replaced by the following: A comparative assessment shall be 1. performed by Member States when evaluating an application for authorisation for a plant protection product containing an active substance approved as a candidate for substitution. Member States shall not authorise or shall restrict the use of a plant protection product containing a candidate for substitution for use on a particular crop where the comparative assessment weighing up the risks and benefits, as set out in Annex IV, demonstrates that:
2023/04/05
Committee: ENVI
Amendment 2763 #

2022/0196(COD)

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 1
1. The methodology shall be based on statistics on the quantities of chemical active substances placed on the market in plant protection products under Regulation (EC) No 1107/2009, provided to the Commission (Eurostat) under Annex I to Regulation (EC) No 1185/2009 of the European Parliament and of the Council91 , in combination with a reference hectare application rates calculated by Member States for each active substance on the basis of the maximum dose per hectare in each application, that is set by member states for plant protection products placed on the market containing the respective active substances, in accordance with Article 31 (3) of Regulation (EC) No 1107/2009. __________________ 91 Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1).
2023/04/05
Committee: ENVI
Amendment 2771 #

2022/0196(COD)

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 2 – point e
(e) the chemical active substances in group 4 shall be those not approved under Regulation (EC) No 1107/2009, and therefore not listed in the Annex to Implementing Regulation (EU) No 540/2011;. Active substances in group 4 are assigned the weighting factor corresponding to their group assignment before the loss of approval.
2023/04/05
Committee: ENVI
Amendment 2786 #

2022/0196(COD)

Proposal for a regulation
Annex I – Section 1 – Table 1 – Row 4
(iii) 1 8 16 64 1, 8 or 16
2023/04/05
Committee: ENVI
Amendment 2899 #

2022/0196(COD)

Proposal for a regulation
Annex VI – Section 2 – point 2 – point e
(e) the active substances in group 4 shall be those not approved under Regulation (EC) No 1107/2009, and therefore not listed in the Annex to Implementing Regulation (EU) No 540/2011;. Active substances in group 4 are assigned the weighting factor corresponding to their group assignment before the loss of approval.
2023/04/05
Committee: ENVI
Amendment 2910 #

2022/0196(COD)

Proposal for a regulation
Annex VI – Section 2 – Table 1 – Row 4
(iii) 1 8 16 64 1, 8 or 16
2023/04/05
Committee: ENVI
Amendment 2932 #

2022/0196(COD)

Proposal for a regulation
Annex VI – Section 3 – Table 2 – Row 4
(iii) 1 8 16 64 1, 8 or 16
2023/04/05
Committee: ENVI
Amendment 2953 #

2022/0196(COD)

Proposal for a regulation
Annex VI – Section 4 – Table 3 – Row 4
(iii) 1 8 16 64 1, 8 or 16
2023/04/05
Committee: ENVI
Amendment 476 #

2022/0195(COD)

Proposal for a regulation
Recital 64
(64) It is appropriate to take into account the specific situation of the Union’s outermost regions, as listed in Article 349 of the Treaty on the Functioning of the European Union (TFEU), which provides for specific measures to support those regions. As envisaged in the EU Biodiversity Strategy for 2030, particular focus should be placed on protecting and restoring the outermost regions’ ecosystems, given their exceptionally rich biodiversity value. while recognising, valuing and rewarding the ecosystem services that represent a pillar and a condition for the sustainable development of these outermost regions but also a solution to support their resilience to climate change. The biodiversity of the outermost regions should therefore be duly quantified, valued and protected .
2023/01/26
Committee: ENVI
Amendment 503 #

2022/0195(COD)

Proposal for a regulation
Recital 70 a (new)
(70a) In order to help private and public actors to assess their biodiversity footprint, the Commission should ensure a common understanding of it at EU level and therefore develop a common indicator based on existing measures. This common indicator would help design the financing plan of each National Restoration Plan and ensure a more streamlined implementation of the legislation;
2023/01/26
Committee: ENVI
Amendment 584 #

2022/0195(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
2a. Consistently with the previous subparagraph, this Regulation establishes a framework within which Member States shall put in place without delay the necessary conservation measures to reach 30% of protected area at EU level of which 10% shall be under strict protection. The Commission shall establish a list of banned economic activities in strictly protected area one year after the publication of this Regulation and regularly update it.
2023/01/26
Committee: ENVI
Amendment 589 #

2022/0195(COD)

Proposal for a regulation
Article 1 – paragraph 2 b (new)
2b. The Commission shall base its list of banned economic activities in strictly protected area on the latest available scientific data and Member States shall take advice from an independent scientific council to regularly assess the improvement of the strictly protected area and the validity of the measures authorized in line with the objective of this Regulation.
2023/01/26
Committee: ENVI
Amendment 641 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
(5a) strict protection means a conservation area where there is in priority no human activities in terrestrial ecosystems and no take zone for fisheries in marine ecosystems, and where any human activities authorized should demonstrate it does not run counter the strong amelioration of the key characteristics of the ecosystem towards good condition.
2023/01/26
Committee: ENVI
Amendment 1312 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Member States shall put in place the restoration measures necessary to enhance biodiversity in agricultural ecosystems, in particular measures that triggers systemic change at farm level for the benefit of farmers and biodiversity, in addition to the areas that are subject to restoration measures under Article 4(1), (2) and (3).
2023/01/26
Committee: ENVI
Amendment 1346 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) stock of organic carbon in cropland mineral soils and in permanent pasture;
2023/01/26
Committee: ENVI
Amendment 1574 #

2022/0195(COD)

Proposal for a regulation
Article 10 a (new)
Article 10 a Compensation of nature destruction 1. Economic operators in construction work or cities extension when their activities have a negative impact of the good condition of the ecosystems concerned by this Regulation shall compensate this negative impact and use a proper indicator to evaluate their financial impact on nature as defined in Article 14(2a). 2. The compensation paid by economic operators as defined in the previous subparagraph shall go to existing national schemes dedicated to nature restoration when they exist. In cases where such a scheme does not exist at national level, Member States must set one up before the validation of the Nature Restoration Plan.
2023/01/26
Committee: ENVI
Amendment 1645 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Member States shall set, by 203028 at the latest at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9). The Commission shall validate the satisfactory levels and publish by implementing act by 2030 in accordance with the provisions set in Article 20.
2023/01/26
Committee: ENVI
Amendment 1796 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point b a (new)
(ba) the quantification of area to be put under conservation status and under strictly protected conservation status in accordance with Article 1(2a).
2023/01/26
Committee: ENVI
Amendment 1836 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point k – point iv a (new)
(iva) an assessment of the cost of inaction on nature restoration, in particular for agriculture, forestry and fisheries.
2023/01/26
Committee: ENVI
Amendment 1844 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point l
(l) the estimated financing needsplan for the implementation of the restoration measures, which shall include the description of the support to stakeholders affected by restoration measures or other new obligations arising from this Regulation, and the means of intended financing, public or private, including (co-) financing with Union funding instruments, and which shall include a tool assessing the biodiversity footprint of the financements included in the plan;
2023/01/26
Committee: ENVI
Amendment 1878 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. The national restoration plans shall, where applicable, include the conservation measures that a Member State intends to adopt under the common fisheries policy, including conservation measures in joint recommendations that a Member State intends to initiate in accordance with the procedure set out in Regulation (EU) No 1380/2013, and any relevant information on those measures. Member States shall submit such joint recommendations jointly with other Member States having a direct management interest no later than 12 months after final submission of their national restoration plan for measures related to Article 5(3) with the assistance of the European Commission. If Member States fail to submit joint recommendations within 12 month from the first draft submission for joint recommendations, the European Commission shall immediatly adopt emergency measures to ensure that the objectives associated with the establishment of the conservation measures, in accordance with the Member State's intentions, are not in jeopardy.
2023/01/26
Committee: ENVI
Amendment 1919 #

2022/0195(COD)

Proposal for a regulation
Article 14 – paragraph 2 a (new)
2a. The Commission shall assess the biodiversity footprint of the financing plan included in each National Restoration Plan and shall develop a proper methodology based on existing methods one year after the entry into force of this legislation.
2023/01/26
Committee: ENVI
Amendment 1942 #

2022/0195(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6a. When the Commission concludes that a Member States has not duly taken into consideration its recommendations, it shall reject its national restoration plan.
2023/01/26
Committee: ENVI
Amendment 1956 #

2022/0195(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Member States shall review their national restoration plan at least once every 105 years, in accordance with Articles 11 and 12, taking into account progress made in the implementation of the plans, the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change.
2023/01/26
Committee: ENVI
Amendment 1963 #

2022/0195(COD)

Proposal for a regulation
Article 15 – paragraph 2 a (new)
2a. To guarantee the fulfilment of the objectives set out in Article 5, Member States shall assess the need for additional conservation measures requiring joint recommendation under article 11 of Regulation (EU) No 1380/2013 and issue such draft recommendation in 2028, 2036 and 2046, in accordance with the provisions of Article 12(3a). This without prejudice to the capacity of Member States to review their measures taken under Article 5 anytime when necessary in accordance with Article 15(2).
2023/01/26
Committee: ENVI
Amendment 2324 #

2022/0195(COD)

Proposal for a regulation
Annex VII – point 16
(16) Increase the agricultural area subject to agro-ecological management approaches such as organic agriculture or agro-forestry, multicropping and crop rotation, integrated pest and, nutrient management and crop-livestock farming.
2023/01/27
Committee: ENVI
Amendment 154 #

2022/0104(COD)

Proposal for a directive
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices. In order to be cost-effective and consistent with the Green Deal, this legislation should particularly target the most concentrated agricultural installations, which have the financial means to cope with this legislation. To do so, it should include criteria of stocking density in order to promote pasture-based cattle in the EU, which has multiple co- benefits for the environmental and climate objectives of the Green Deal.
2022/12/14
Committee: ENVI
Amendment 1097 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1 – subparagraph 1
Member States shall require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I based on the requirements of the Directive as regards Corporate Sustainability Reporting1a. The transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to consistently contribute to the emergence of a sustainable, clean, circular and climate-neutral economy by 2050, using the format referred to in paragraph 4. in particular those laid down in Regulation 2021/1119, using the format referred to in paragraph 4. __________________ 1a Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting, COM(2021)189
2022/12/20
Committee: ENVI
Amendment 1113 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1 – subparagraph 2
Member States shall take the necessary measures to ensure that by 31 December 2031, the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 1 with the requirements set out in the implementing act referred to in paragraph 4 as well as the validity and credibility of the data reported in the transformation plans in the light of their potential contribution to Union’s climate objectives, circular economy and zero pollution targets.
2022/12/20
Committee: ENVI
Amendment 1120 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1 a (new)
1a. The Commission must identify by 1 January 2026 the most pollutant industrial installations in each Member States. The industrial installations identified shall be subject to the provisions of paragraph 1 of this Article by 30 June 2027. Member States shall require that their transformation plan be included in the environmental management system referred to in Article 14a.
2022/12/20
Committee: ENVI
Amendment 1177 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4
4. The Commission shall by 30 June 2028, adopt an implementing act establishing the format for the transformation plans. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).. Without prejudice to the format established by this delegated act, the plans shall at least include the relevant information referred to in Article19a(2) of the Corporate Sustainability Reporting Directive1a. For the installations covered by paragraph 1a of this Article, the Commission shall by 30 June 2025, adopt a delegated act establishing the format for the transformation plans and shall at least include the information referred to in Article 19a(2) of the Corporate Sustainability Reporting Directive as well as intermediate targets to meet the objectives set in the transformation plans for 2030, 2035, 2040 and 2045. Reporting and monitoring requirements of steps taken towards the fulfilment of those intermediate targets by operators shall be established in the delegated act. __________________ 1a Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting, COM(2021)189
2022/12/20
Committee: ENVI
Amendment 1666 #

2022/0104(COD)

Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1
1. Rearing of cattle, pigs or poultry in installations of 150 livestock units (LSU) or more.
2022/12/21
Committee: ENVI
Amendment 1675 #

2022/0104(COD)

Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1a (new)
1a. Rearing of cattle exceeding a number of livestock units (LSU) and maximum number of livestock units per hectare of agricultural land to be both defined by a delegated act supplementing this Regulation and consistent with the relevant legislation of the Green Deal, including requirements of the Nitrates Directive 91/676/EEC.
2022/12/21
Committee: ENVI
Amendment 1694 #

2022/0104(COD)

Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more and, for cattle, exceeding the maximum number of livestock units per hectare of agricultural land as defined in the previous subparagraph.
2022/12/21
Committee: ENVI
Amendment 105 #

2022/0095(COD)

Proposal for a regulation
Recital 3
(3) The European Industrial Strategy27 sets out the Union’s overarching ambition to foster a ‘twin transition’ to climate neutrality and digital leadership. It echoes the European Green Deal in pointing to the leading role that Europe’s industry must play in this, by reducing its carbon and material footprint and embedding circularity across the economy, and underlines the need to move away from traditional models, and revolutionise the way we design, make, use and dispose of products. The 2021 Update to the Industrial Strategy28 reinforces the main messages of the 2020 Strategy and focuses on the lessons from the COVID-19 crisis, including the need to foster resilience. This regulation offers a unique opportunity to reduce the material footprint of products that are used on a daily basis by European citizens. __________________ 27 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions A New Industrial Strategy for Europe COM(2020)102 final. 28 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery COM(2021)350 final
2023/01/18
Committee: ENVI
Amendment 127 #

2022/0095(COD)

Proposal for a regulation
Recital 11
(11) In order to create an effective and future-proof regulatory framework, it is necessary to allow for the setting of ecodesign requirements on all physical goods placed on the market or put into service, including components and intermediate products. This should allow the Commissions to take into account the broadest range of products possible when prioritising the establishment of ecodesign requirements and thereby maximise their effectiveness. Where needed, specific exemptions should be made when setting ecodesign requirements, for example for products with a particular purpose that could not be fulfilled when complying with ecodesign requirements, or for second- hand products, new or second-hand components, for example the ones that were originally designed or manufactured before the entry into force of this Regulation or of the relevant delegated act. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44 , medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45 , veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46 , living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. __________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).
2023/01/18
Committee: ENVI
Amendment 134 #

2022/0095(COD)

Proposal for a regulation
Recital 13
(13) In order to improve the environmental sustainability of products and to ensure the free movement of products in the internal market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by setting out ecodesign requirements. Those ecodesign requirements should in principle apply to specific product groups, such as washing machines or washing machines and washer dryers. In order to maximise the effectiveness of ecodesign requirements and to efficiently improve environmental sustainability of products, it should also be possible to set out one or more horizontal ecodesign requirements for a wider range of products groups, such as electronic appliances or textiles. Horizontal ecodesign requirements should be established where the technical similarities of product groups allow their environmental sustainability to be improved based on the same requirements. Overall horizontal requirements should also be developed with regard to specific product aspects durability and repairability to ensure that such requirements apply across all new products and be implemented in delegated acts.
2023/01/18
Committee: ENVI
Amendment 193 #

2022/0095(COD)

Proposal for a regulation
Recital 26
(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers, refurbishers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.
2023/01/18
Committee: ENVI
Amendment 237 #

2022/0095(COD)

Proposal for a regulation
Recital 57 a (new)
(57a) Second-hand economic operators have no control over the original design of the product, nor do they have access to the product information, such as technical documentation, covered by the delegated acts adopted pursuant to this Regulation. Second-hand economic operators should be responsible for the product's compliance with information requirements only when the information has been made publicly available to them by a prior economic operator in the chain. Second-hand economic operators cannot be held responsible for the original product's compliance with performance requirements after it has been repaired, refurbished or has undergone normal maintenance before being made available again on the market. If a second-hand economic operator replaces a component, consumable or spare part of a second- hand product with a new component, consumable or spare part, it should be liable for the compliance of that specific component, consumable or spare part, with ecodesign requirements under this regulation and subsequent delegated acts.
2023/01/18
Committee: ENVI
Amendment 268 #

2022/0095(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) products' planned obsolescence;
2023/01/18
Committee: ENVI
Amendment 278 #

2022/0095(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g
(g) product remanufacturing and recycling, including their components;
2023/01/18
Committee: ENVI
Amendment 284 #

2022/0095(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i a (new)
(ia) product packaging's durability.
2023/01/18
Committee: ENVI
Amendment 312 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17
(17) ‘upgrading’ means enhancing the functionality, performance, or capacity or aesthetics of a product;
2023/01/18
Committee: ENVI
Amendment 315 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18
(18) 'refurbishment’ means preparing or modifyingtesting, and where necessary performing repair and maintenance, as well as deleting data connected to the previous use, including personal data, in case of electronic devices, by a professional, on an object that is waste or a second-hand product to restore its performance or functionality within the intended use, range of performance and maintenance originally conceived at the design stage, or to meet applicable technical standards or regulatory requirements, with the result of making a fully functional before making it available on the market. Refurbishment may also include improving the aesthetics of the product;
2023/01/18
Committee: ENVI
Amendment 321 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘software update’ means either a conformity update or a functionality update;
2023/01/18
Committee: ENVI
Amendment 322 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18 b (new)
(18b) 'conformity update’ means an operating system update, including security patches or bugs fixes, if relevant for a given device, whose purpose is to keep the good in conformity, by providing enhanced security or corrective measures for the device;
2023/01/18
Committee: ENVI
Amendment 323 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18 c (new)
(18c) ‘functionality update’ means an operating system update that is not necessary to keep the device in conformity and whose purpose is to improve current functionalities and/or implement new functionalities;
2023/01/18
Committee: ENVI
Amendment 427 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 46 a (new)
(46a) 'Second-hand economic operator’ means any economic operator or undertaking who makes available on the market second-hand products or components, whether prepared for reuse, checked, cleaned, repaired, refurbished or without any action on the product;
2023/01/18
Committee: ENVI
Amendment 431 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 55
(55) ‘online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application, thatoperated by or on behalf of a trader which allows custoonsumers to conclude distance contracts with economic operators for the sale of products covered by delegated acts adopted pursuant to Article 4other traders or consumers;
2023/01/18
Committee: ENVI
Amendment 435 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)
(59a) ‘independent operator’ means a natural or legal person who is independent from the manufacturer and the producer and is directly or indirectly involved in the repair, maintenance or repurposing of the product, and includes waste management operators, repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, operators offering inspection and testing services, operators offering training for installers, manufacturers, and repairers of equipment;
2023/01/18
Committee: ENVI
Amendment 445 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 59 b (new)
(59b) "planned obsolescence" means designing a product with a feature which deliberately limits its foreseeable lifetime.
2023/01/18
Committee: ENVI
Amendment 506 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
(ca) the absence of planned obsolescence practices;
2023/01/18
Committee: ENVI
Amendment 534 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point n
(n) expected generation and prevention of waste materials.
2023/01/18
Committee: ENVI
Amendment 537 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point n a (new)
(na) Product packaging's durability
2023/01/18
Committee: ENVI
Amendment 559 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point a – point i
(i) Union climate, environmental and energy efficiency priorities and other related Union priorities;, notably the objective to achieve climate neutrality by 2050 and to reduce our overall material and consumption footprint.
2023/01/18
Committee: ENVI
Amendment 584 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point b
(b) carry out an impact assessment to establish the minimum level of performance a product or product group expected to be met in 2050 to be aligned with the Union’s environmental objectives based on best available evidence and analyses, and as appropriate on additional studies and research results produced under European funding programmes. In doing so, the Commission shall ensure that the depth of analysis of the product aspects listed in paragraph 1 is proportionate to their significance. The impact assessment shall where appropriate also be used to set GPP criteria and Ecolabel criteria, as well as other economic incentives criteria, notably a potential modulation of EPR fees, in order to enhance consistency between the different product policy instruments and to prevent the multiplication of methodologies to be mobilised to comply with those various instruments. The establishment of ecodesign requirements on the most significant aspects of a product among those listed in paragraph 1 shall not be unduly delayed by uncertainties regarding the possibility to establish ecodesign requirements to improve other aspects of that product;
2023/01/18
Committee: ENVI
Amendment 627 #

2022/0095(COD)

Proposal for a regulation
Article 5 a (new)
Article 5a Specific ecodesign requirements on durability and repairability of products 1. Pursuant to Article 5(1), first subparagraph, with regard to ecodesign requirements for durability of products falling under the scope of this Regulation, the following practices aimed at shortening a product’s lifespan by downgrading or limiting its functionality shall be prohibited : (a) Downgrading or limiting the repairability or the functionality of a product when using consumables, spare parts or accessories that are not provided by the original manufacturer; (b) Downgrading or limiting the repairability or the functionality of a product when using consumable or spare parts and its services through the use of software during maintenance or repair (c) Downgrading or limiting the repairability or the functionality of the relevant product through the design of specific feature; (d) Providing conformity software updates, that will downgrade or limit the functionality of the products ; (e) Not decoupling the provision of security and functionality updates; 2. Pursuant to Article 5(1), with regard to ecodesign requirements for repairability of products falling under the scope of this Regulation, restricting the repairability, including by software techniques, or by impeding the disassembly of its key components or parts, or allowing access to repair and maintenance information and spare parts exclusively to authorised repairers or authorised refurbishers shall be prohibited. 3. In order to comply with the general requirements referred to in Paragraph 1 and 2 of this Article, manufacturers and importers shall fulfil the following obligations: (a) Make spare parts available to professional repairers, refurbishers and end-users for a minimum period of time after the last unit has been placed on the market. This minimum period shall be further defined in the delegated acts adopted pursuant to Article 4; (b) Provide access to repair and maintenance information, including access to diagnostic tools, to professional repairer, refurbishers and end-users; (c) Provide information on the availability and price of spare parts to relevant economic operators, including professional repairers, refurbishers and end-users; (d) For products with digital elements, provide software updates, including all conformity updates, for the period of time that corresponds to consumers' expectations in accordance with Article 7 of Directive 2019/771. Conformity and functionality updates shall be provided separately. This minimum period shall be further defined in the delegated acts adopted pursuant to Article 4. (e) For products with digital elements, the user shall have the option to de-install a functionality update and to re-install the version running on the device prior to the update, unless the device performance remains at least the same when performing the same functions after the update; (f) Ensure that the user has the option to securely delete data from any data storage device.
2023/01/18
Committee: ENVI
Amendment 654 #

2022/0095(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point iii a (new)
(iiia) Information on the durability of product packaging, to provide information on the entire value chain from manufacturers to recyclers, while providing consumers with information on the environmental impact of packaging, its material and its use.
2023/01/18
Committee: ENVI
Amendment 754 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point f
(f) the actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, repairers, remanufacturers, recyclefurbishers, including independent operators, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;
2023/01/18
Committee: ENVI
Amendment 765 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point g
(g) the actors that mayshall introduce or update the information in the product passport, whenever relevant, including where needed the creation of a new product passport, that shall be linked to the product passport or passports of the original product and what information they may introduce or update, including manufacturers, repairers, maintenance professionals, remanufacturers, recyclerefurbishers, including independent operators, competent national authorities, and the Commission, or any organisation acting on their behalf, avoiding duplication of information and reporting;
2023/01/18
Committee: ENVI
Amendment 809 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 4 a (new)
4a. Actors may include in the Digital Product Passport additional information on a voluntary basis that are going beyond the information requirements as set out in Article 7.
2023/01/18
Committee: ENVI
Amendment 854 #

2022/0095(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point h a (new)
(ha) the product passport shall be designed to ensure user-friendliness and cost effectiveness;
2023/01/18
Committee: ENVI
Amendment 855 #

2022/0095(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point h b (new)
(hb) the product passport shall be designed to ensure that consumers are able to easily identify the best performing product for each product group and to compare model characteristics and to choose the most sustainable option.
2023/01/18
Committee: ENVI
Amendment 893 #

2022/0095(COD)

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 a (new)
For the period 2024-2027, the Commission shall consider prioritising the following product groups in the first working plan. If any of the product groups is not included in the working plan, the Commission shall provide a justification for its decision: – iron, steel – cement – aluminium – textiles, notably garments and footwear – furniture, including mattresses – tyres – detergents – paints – lubricants – chemicals – energy related products, whose implementing measures need to be revised or newly defined – ICT products and other electronics.
2023/01/18
Committee: ENVI
Amendment 901 #

2022/0095(COD)

Proposal for a regulation
Article 17 – paragraph 1
The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all interested parties involved with the product or product group in question, such as industry, including SMEs and craft industry, economic actors of the second-hand industry, including repairers, refurbishers, remanufacturers, and recyclers, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. These parties shall contribute in particular to preparing ecodesign requirements, examining the effectiveness of the established market surveillance mechanisms and assessing self-regulation measures.
2023/01/18
Committee: ENVI
Amendment 957 #

2022/0095(COD)

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – introductory part
An economic operator that discards unsold consumer products directly, or on behalf of another economic operator, shall disclose:
2023/01/18
Committee: ENVI
Amendment 967 #

2022/0095(COD)

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point a
(a) the number of unsold consumer products discarded per year, differentiated per type or category of products;
2023/01/18
Committee: ENVI
Amendment 983 #

2022/0095(COD)

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
The economic operator shall disclose that information on a freely accessible website or otherwise make it publicly available, until a delegated act adopted pursuant to paragraph 3 starts applying to the category of unsold consumer products discarded by the operator in question.
2023/01/18
Committee: ENVI
Amendment 1003 #

2022/0095(COD)

Proposal for a regulation
Article 20 a (new)
Article 20 a 1. One year after the entry into force of this Regulation, the destruction of unsold consumer products by economic operators shall be prohibited for the following product categories: (a) essential goods; (b) hygiene products; (c) childcare products; (d) textiles, including footwear; (e) electronic appliances. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation to set out certain exemptions from the prohibitions referred to in paragraph 1 where it is appropriate taking into account the following: (a) health and safety concerns; (b) refusal of products for donation, preparing for re-use or remanufacturing; or (c) counterfeit products. 3. Where unsold consumer products are destroyed under an exemption referred to in paragraph 2, the responsible economic operator shall disclose on a freely accessible website or otherwise make publicly available: (a) the number of unsold consumer products destroyed; (b) the reasons for their destruction, referring to the applicable exemption; (c) the delivery of the products destroyed to recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC. The details and format for the disclosure of information provided in the implementing act adopted pursuant to Article 20( 2) shall apply to the information to be disclosed pursuant to this paragraph. 4. This Article shall not apply to small enterprises or microenterprises. Nevertheless, the Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation to prohibit microenterprises and small enterprises destroying the unsold consumer products referred to in paragraph1 where there is sufficient evidence that such action may be used to circumvent the prohibition referred to in paragraph 1.
2023/01/23
Committee: ENVI
Amendment 1006 #

2022/0095(COD)

Proposal for a regulation
Article 25 a (new)
Article 25 a 1.Where relevant, and when making a second-hand product covered by a delegated act adopted pursuant to Article 4 available on the market, second-hand economic operators shall act with due care in relation to second-hand products’ specific requirements set out in that act, and only if such requirements are specific to second-hand products and adapted to their characteristics. 2.Before making a second-hand product covered by a delegated act adopted pursuant to Article 4 available on the market, second-hand economic operators shall verify that: (a) the second-hand product, where relevant, is labelled or is linked to a product passport laid down in the delegated acts adopted pursuant to this Regulation, and only if such elements are publicly available or have been made available to the second-hand economic operator by the prior economic operator responsible for the product. (b) the second-hand product, where relevant, is accompanied with the required documents and with instructions, only if such elements are publicly available or have been made available to the second-hand economic operator by the prior economic operator responsible for the product 3. Second-hand economic operators shall ensure that, while a second-hand product is under their responsibility, storage or transport conditions do not jeopardise its compliance with requirements set out in the delegated act adopted pursuant to Article 4, where applicable to second- hand products. 4. Where second-hand economic operators replace a component of a second-hand product with another new component they shall ensure that the component is in compliance with the ecodesign requirements under this Regulation or set out in the delegated act adopted pursuant to Article 4. Second-hand economic operators who consider or have reason to believe that the new component they used in the second- hand product which they have made available on the market is not in conformity with the requirements set out in a delegated act adopted pursuant to Article 4 shall make sure that the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate, are taken. 5. Second-hand economic operators shall, further to a reasoned request from a competent national authority, provide the authority with all the information and documentation to which they have access and that is relevant for demonstrating the conformity of the new component they used. That information and documentation shall be provided in either paper or electronic form. Second-hand economic operators shall cooperate with that authority on any corrective action taken to remedy any case of non-compliance of any new component they used with a delegated act adopted pursuant to Article 4 by which the product in question is covered.
2023/01/23
Committee: ENVI
Amendment 1024 #

2022/0095(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point 1 a (new)
(1a) This Article shall not apply to second-hand economic operators, including refurbishers.
2023/01/23
Committee: ENVI
Amendment 1033 #

2022/0095(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point e a (new)
(ea) If no manufacturer or importer is established in the Union, online marketplaces shall by default assume the same responsibilities as an importer.
2023/01/23
Committee: ENVI
Amendment 1035 #

2022/0095(COD)

Proposal for a regulation
Article 29 a (new)
Article 29 a Responsibilities of online marketplaces Obligations regarding the design of the online interfaces 1. Online marketplaces shall ensure the identification of the traders and the traceability of the products displayed to consumers via their online interfaces. 2. Online marketplaces shall design and organise their online interfaces in such a way that they enable the online marketplaces and the traders using them to comply with the requirements set out in this Regulation. 3. Online marketplaces shall ensure that the traders provide the following information for each product sold on the online interface and verify that such information is reliable, complete and up- to-date on a regular basis: (a) the name, registered trade name or/and the registered trademark of the manufacturer, as well as the postal or electronic address at which the manufacturer can be contacted; (b) Where the manufacturer is not established in the Union, the name, address, telephone number and electronic address of the authorised representative; (c) The information necessary to identify the product, including its type and batch or serial number as well as any other product identifier; (d) Any information requirement that shall be affixed on the product or to accompany it in accordance with this Regulation, applicable Union harmonisation legislation and relevant technical standards. The information listed under this paragraph shall be displayed on the digital product listing in a way and a language that is easily accessible and understandable for all consumers. Obligations to perform checks and inspections 4. Without prejudice to the prohibition to conduct general monitoring as established under the [Digital Services Act], online marketplaces shall conduct regular and random identity checks and proceed to the verification of the information provided by the traders using their online interfaces before the products are advertised, promoted, or put into circulation. 5. Online marketplaces shall periodically carry out visual inspections and sample testing of randomly chosen products considering previous reports, databases, reviews, and potential problems of compliance with the requirements set out in this Regulation and its delegated acts. Obligations to de-list and signal the uncompliant traders 6. Online marketplaces shall immediately suspend from their online interfaces the traders providing incomplete or incorrect information and the traders failing to comply with the rules laid down in this Regulation. 7. Online marketplaces shall report those traders to Member State competent authorities and to the European Commission. Obligation to cooperate with competent authorities 8. Online marketplaces shall cooperate with market surveillance authorities and other authorities in charge of consumer protection, relevant economic operators, consumer and other civil society organisations to facilitate any action taken to remove uncompliant products that are or have been shown on their online interfaces. That cooperation shall include in particular: (a) Cooperating to ensure effective product recalls, including carrying out recalls directly and offering remedies to consumers if the responsible economic operator fails to take adequate and timely action; (b) Informing the competent authorities of any action taken on a regular and timely basis; (c) Cooperating with law enforcement agencies at national and Union level, including the European Anti-Fraud Office, through regular and structured exchange of information on offers that have been removed on the basis of this Article by online marketplaces; (d) Providing competent authorities access to relevant trader and product data and their interfaces to deploy online tools to identify and remove uncompliant products; (e) Upon request of the competent authorities or any other authorities, where online marketplaces or traders operating on their online interfaces have set up technical obstacles to the extraction of data from their online interfaces (such as data scraping), allowing to scrape such data for compliance purposes based on the identification parameters provided by the requesting market surveillance and other competent authorities. 9. Online marketplaces shall establish a Single Point of Contact for the purpose of ensuring swift and direct communication with all competent authorities, including market surveillance authorities and custom authorities. Obligation to comply with orders issued by competent authorities 10. Online marketplaces shall take all the measures that are necessary to comply with the order issued by a Member State market competent authority as referred to in Article 14 of the Market Surveillance Regulation and article […] of the Digital Services Act. 11. The online marketplace shall inform the market surveillance authority of any follow-up actions they will take to prevent the illegal content from reappearing on the online interface. Obligation to communicate with consumers 12. Online marketplaces shall ensure that all consumers have the possibility to communicate with them in an effective, swift and easily accessible way. Obligation to respond to complaints 13. Online marketplaces shall respond without delay respond to complaints submitted by consumers, consumer and other civil society organisations, and other stakeholders for the purpose of applying effective measures for detecting, identifying, removing and disabling access to uncompliant products circulating on their digital interfaces. Sanction and remedies in case of non- compliance 14. Competent authorities shall be entitled to impose deterrent, proportionate and effective sanctions on online marketplaces failing to comply with the obligations laid down in this Article, in accordance with Article 68 of this Regulation.
2023/01/23
Committee: ENVI
Amendment 1049 #

2022/0095(COD)

Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 2 a (new)
Software or firmware originally included in products shall not worsen product performance over time in relation to any of the product parameters regulated in delegated acts adopted pursuant to Article 4 by which the products are covered or the functional performance from the perspective of the user when measured with the test method used for the conformity assessment.
2023/01/23
Committee: ENVI
Amendment 1083 #

2022/0095(COD)

Proposal for a regulation
Article 69 – paragraph 1
No soon1) Monitoring: The Ecodesign Impact Accounting (EIA) mechanism shall be leveraged to collect and analyse relevant product data including data on material footprint and life cycle GHG emissions for all products regulated under the ESPR The Commission shall publish an annual report on the progress of the Regulation against its objectives. The report shall include a summary of the product-level data collected through the EIA. Member States shall provide the Commission with the information necessary for the preparation of that report. 2) Evaluation: No later than [86 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report. Where the Commission finds it appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation.
2023/01/23
Committee: ENVI
Amendment 1089 #

2022/0095(COD)

Proposal for a regulation
Article 69 a (new)
Article 69 a Remedies for lack of compliance 1. In the event of non-compliance of a product with Ecodesign requirements, the product shall be considered to be in nonconformity with the sales contract, in the meaning of the Article 5 of the Directive (EU) 2019/771, and shall give consumers the right to a remedy under the conditions set out in Article 13 of this Directive, independently of the expiry of the time limits as defined by Article 10 of this Directive. 2. Marketing or offering on sale of a product which is non-compliant with Ecodesign requirements shall be considered an unfair commercial practice in accordance with Article 5 of Directive 2005/29/EC and therefore give consumers the right to a remedy under Article 11a of this Directive.
2023/01/23
Committee: ENVI
Amendment 1098 #

2022/0095(COD)

Proposal for a regulation
Annex I – paragraph 1 – point d
(d) ease and quality of recycling as expressed through: use of easily recyclable materials, safe, easy and non-destructive access to recyclable components and materials or components and materials containing hazardous substances, material composition and homogeneity, possibility for high-purity sorting, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, ease of non-destructive disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and software needed; Where relevant, the product requirements shall ensure that components used to manufacture the product are reusable and or recyclable and that the conception phase of the product does not lead to a product that is non recyclable and or non reusable and or non reparable.
2023/01/23
Committee: ENVI
Amendment 1127 #

2022/0095(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 1 – paragraph 6 – subparagraph 1 (new)
Where relevant, the product performance requirements shall ensure that components used to manufacture the product are reusable and or recyclable and that the conception phase of the product does not lead to a product that is non recyclable and or non reusable and or non reparable.
2023/01/23
Committee: ENVI
Amendment 1136 #

2022/0095(COD)

Proposal for a regulation
Annex VII – paragraph 2
Self-regulation measures must be open to the participation of any operators placing on the market a product covered by the self-regulation measure, including third country operators, and also any operators acting in product’s lifespan, such as second-hand economic operators, both in the preparatory and in the implementation phases. Economic operators intending to establish a self-regulation measure should make a public announcement of their intention to do so before the process of developing the measure is started.
2023/01/23
Committee: ENVI
Amendment 46 #

2022/0092(COD)

Proposal for a directive
Recital 7
(7) The displaying of sustainability labels or sustainability information tools which awere not baspre-approved onby a certification scheme or not established by publicnational authority or a Union authoritiesy should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in caPre-approval of a sustainability label or a sustainability information tool, by a national authority or a Union authority, should be subject to the mutual recognition by all Member States and require conformity with the minimum requirements, such as: award criteria publicly available, developed in independent process and going beyond to what is required by Union legislation, impartial control procedure with third party verification, transparency of the scheme owner, accessibility to all market players, procedural transparency for consumers, outcome transparency for consumers, scientific robustness and stakeholder relevance, compliant and dispute resolution mechanisms put in place and periodic revision of the award criteria. If a label or a sustainability information tool is focused of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011n one environmental aspect, this should be clearly and prominently communicated to consumers. For the sake of transparency, all pre-approved sustainability labels and sustainability information tools should be included in a publicly available register, updated regularly by the national authority and the Union authority. Sustainability labels established by public authorities should be exempted from the pre-approval requirement. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.
2022/10/14
Committee: ENVI
Amendment 108 #

2022/0092(COD)

Proposal for a directive
Recital 31
(31) To allow consumers to make an informed transactional decision and choose goods that are easier to repair, traders should provide, before the conclusion of the contract, for all types of goods, where applicable, the reparability score of the good as provided by the producer in accordance with Union or national law.
2022/10/14
Committee: ENVI
Amendment 167 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point y a (new)
(ya) ‘pre-approval of sustainability labels or sustainability information tools’ means an ex-ante conformity assessment to be performed by a Union or national authority ;
2022/10/14
Committee: ENVI
Amendment 176 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2005/29/EC
Article 6 – paragraph 1 – point b
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact, accessories, durability, reparability, reusability, recyclability, after- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;
2022/10/14
Committee: ENVI
Amendment 214 #

2022/0092(COD)

(eda) in addition to the guaranteed lifespan label for the goods, digital content and digital services, including as a minimum, a reminder of the existence and duration of the legal guarantee of conformity, the existence and the conditions of after-sales services and commercial guarantees, where applicable;
2022/10/14
Committee: ENVI
Amendment 235 #

2022/0092(COD)

(mda) the guaranteed lifespan label for the goods, digital content and digital services, including as a minimum, a reminder of the existence and duration of the legal guarantee of conformity.
2022/10/14
Committee: ENVI
Amendment 276 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 d
23d. Omitting to inform the consumer thatSupplying a software update willthat negatively impacts the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.
2022/10/14
Committee: ENVI
Amendment 285 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 e
23e. Omitting to inform the consumer about the existence of a feature of a good introducedIntroducing a feature to limit itsthe durability of a good.
2022/10/14
Committee: ENVI
Amendment 297 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 h
23h. Inducing the consumer intoMarketing a good that require replacing the consumables of a good earlier than for technical reasons is necessary.
2022/10/14
Committee: ENVI
Amendment 305 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i a (new)
23ia. Engaging in practices that lead to shortening a product’s lifespan and stimulate the purchase of a new product.
2022/10/14
Committee: ENVI
Amendment 307 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i b (new)
23ib. Marketing a good without fixing a design issue that leads to an early failure of this good, within a reasonable time after it became known.
2022/10/14
Committee: ENVI
Amendment 310 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i c (new)
23ic. Bundling security updates with functionality, feature or other software updates.
2022/10/14
Committee: ENVI
Amendment 244 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 12 months.deleted
2022/10/19
Committee: ENVI
Amendment 273 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point i
(i) the manufacture of textiles, fur, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear;
2022/10/19
Committee: ENVI
Amendment 275 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
(ii) agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, and beverages;
2022/10/19
Committee: ENVI
Amendment 279 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
(iii) energy, the extraction, transport and handling of mineral resources regardless from where they are extracted (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).
2022/10/19
Committee: ENVI
Amendment 283 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
(ba) The company is covered by Regulation (EU) 2021/0104 (CSRD);
2022/10/19
Committee: ENVI
Amendment 307 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means (i) any adverse impact on one of the following environmental categories: (a) climate change mitigation; (b) climate change adaptation; (c) water and marine resources; (d) resource use and circular economy; (e) pollution; (f) biodiversity and ecosystems; (ii) an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part II;
2022/10/19
Committee: ENVI
Amendment 403 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and actual and potential adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
2022/10/19
Committee: ENVI
Amendment 424 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the actual and potential adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
2022/10/19
Committee: ENVI
Amendment 627 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a, shall adopt a transition plan, whose disclosure is foreseen in Regulation (EU) 2021/0104 (CSRD), sthall adopt at include the plans of the undertaking, including implementing actions and related financial and investment plans, to ensure that theits business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 (European Climate Law), and where relevant, the exposure of the undertaking to coal, oil and gas-related activities. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impactnclude a brief description of: (i) the resilience of the undertaking's business model and strategy to risks related to sustainability matters; (ii) the opportunities for the undertaking related to sustainability matters (iii) how the undertaking’s business model and strategy take account of the interests of the undertaking’s stakeholders and of the impacts of the undertaking on sustainability matters (iv) how the undertaking’s strategy has been implemented with regard to sustainability matters; (v) the time-bound targets related to sustainability matters set by the undertaking for scope 1, 2 and where relevant, scope 3 emissions, including where appropriate absolute greenhouse gas emission reduction targets at least for 2030 and 2050, a description of the progress the undertaking has made towards achieving those targets, and a specification of whether the undertaking’s targets related to environmental matters are based on conclusive scientific evidence; (vi) a description of, the company’s operations. role of the administrative, management and supervisory bodies with regard to sustainability matters, and of their expertise and skills to fulfil this role or access to such expertise and skills;
2022/10/19
Committee: ENVI
Amendment 641 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 2
2. Member States shall ensure that, in case climate change is or should have been identified as a principal risk for, or a principal impact of, the company’s operations, the company includes emission reduction objectives in its plan.deleted
2022/10/19
Committee: ENVI
Amendment 655 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Member States shall ensure that companies duly take into account the fulfilment of the obligations referred to in paragraphs 1 and 2 when setting variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.align at least 20% of directors’ variable remuneration with the achievement of their transition plans and in particular the climate targets and greenhouse gases emissions reduction;
2022/10/19
Committee: ENVI
Amendment 658 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 3 a (new)
3a. Member States shall ensure that directors are responsible for overseeing the obligations set out in paragraphs 1 and 2 of this article.
2022/10/19
Committee: ENVI
Amendment 744 #

2022/0051(COD)

Proposal for a directive
Article 26 – paragraph 1
1. Member States shall ensure that directors of companies referred to in Article 2(1) are responsible for putting in place and overseeing the due diligence actions referred to in Article 4 and in particular the due diligence policy referred to in Article 5 and the implementing actions under Article 15, with due consideration for relevant input from stakeholders and civil society organisations. The directors shall report to the board of directors in that respect.
2022/10/19
Committee: ENVI
Amendment 748 #

2022/0051(COD)

Proposal for a directive
Article 26 – paragraph 2
2. Member States shall ensure that directors take steps to adapt the corporate strategy to take into account the actual and potential adverse impacts identified pursuant to Article 6 and any measures taken pursuant to Articles 7 to 9 and Article 15.
2022/10/19
Committee: ENVI
Amendment 14 #

2022/0031(COD)

Proposal for a regulation
Recital 2
(2) According to Regulation (EU) 2021/953, test certificates are to be issued based on two types of tests for SARS-CoV- 2 infection, namely molecular nucleic acid amplification tests (‘NAAT’), including those using reverse transcription polymerase chain reaction (‘RT-PCR’), and rapid antigen tests, which rely on detection of viral proteins (antigens) using a lateral flow immunoassay that gives results in less than 30 minutes, provided they are carried out by health professionals or by skilled testing personnel. However, Regulation (EU) 2021/953 does not cover antigenic assays, such as enzyme-linked immunosorbent assays or automated immunoassays, which test for antigens in a laboratory setting. As of July 2021, the technical working group on COVID-19 diagnostic tests2, responsible for preparing updates to the common list of COVID-19 rapid antigen tests3 agreed by the Health Security Committee established by Article 17 of Decision No 1082/2013/EU of the European Parliament and of the Council4 , also reviews proposals put forward by Member States and manufacturers for COVID-19 laboratory-based antigenic assays. Those proposals are assessed against the same criteria as those used for rapid antigen tests, and the Health Security Committee has established a list of the laboratory-based antigenic assays that meet those criteria. As a result, and in an effort to enlarge the scope of the different types of diagnostic tests that may be used as the basis for the issuance of an EU Digital COVID Certificate, the definition for rapid antigen tests should be adapted to include laboratory-based antigenic assays. It should thus be possible for Member States to issue test certificates on the basis of the antigen tests included in the EU common list agreed, and regularly updated, by the Health Security Committee as meeting the established quality criteria. The use of antigen tests for the issuance of certificates of recovery pursuant to Commission Delegated Regulation (EU) 2022/2564a entails an increased risk for the issuance of such certificates for false positive tests. The possibility for Member States to use antigen tests for the issuance of such certificates should hence be understood as a possibility when the availability of NAAT tests is scarce due to a high number of infections in the area concerned or another reason. _________________ 2 https://ec.europa.eu/health/health- security-and-infectious-diseases/crisis- management/covid-19-diagnostic-tests_en 3 https://ec.europa.eu/health/system/files/202 2-01/covid-19_rat_common-list_en.pdf 4 Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 1). 4a Commission Delegated Regulation (EU) 2022/256 of 22 February 2022 amending Regulation (EU) 2021/953 of the European Parliament and of the Council as regards the issuance of certificates of recovery based on rapid antigen tests (OJ L 42, 23.2.2022, p. 4).
2022/04/08
Committee: LIBE
Amendment 19 #

2022/0031(COD)

Proposal for a regulation
Recital 4
(4) In particular in light of the emergence of new SARS-CoV-2 variants of concern, the continued development and study of COVID-19 vaccines is a crucial aspect in the fight against the COVID-19 pandemic. In this context, it is important to facilitate the participation of volunteers in clinical trials, that is, studies performed to investigate the safety or efficacy of a medicine, such as a COVID-19 vaccine. Clinical research plays a fundamental role in the development of vaccines, and voluntary participation in clinical trials should therefore be encouraged. Depriving volunteers from access to EU Digital COVID Certificates could constitute a major disincentive to participate, delaying the conclusion of clinical trials and negatively impacting public health more generally. In addition, the integrity of clinical trials, including in terms of data blinding and confidentiality, should be preserved to ensure the validity of their results. It should thus be clarified that Member States may issue EU Digital COVID Certificates to participants in clinical trials that have been approved by Member States’ ethical committees and competent authorities, regardless whether they have received the COVID-19 vaccine candidate or, to avoid undermining the studies, the dose administered to the control group. In addition, it should be clarified that other Member States may accept vaccination certificates for COVID- 19 vaccines undergoing clinical trials in order to waive restrictions to free movement put in place, in accordance with Union law, in response to the COVID-19 pandemic. The validity of such vaccination certificates should not be longer than that of the certificates issued based on products approved by the European Medecines Agency (EMA). In this regard, the issuance of vaccination certificates to participants in clinical trials for COVID-19 vaccines and acceptance of such certificates is a Member States’ competence. If a COVID-19 vaccine undergoing clinical trials is subsequently granted a marketing authorisation pursuant to Regulation (EC) No 726/20045 , vaccination certificates for that vaccine fall, as of that moment, within the scope of the first subparagraph of Article 5(5) of Regulation (EU) 2021/953. To ensure a coherent approach, the Commission should be empowered to ask the Health Security Committee, the European Centre for Disease Prevention and Control (ECDC) or the European Medicines Agency (EMA) to issue guidance with regards to the acceptance of certificates issued for a COVID-19 vaccine undergoing clinical trials that has not yet received a marketing authorisation, which should take into account the ethical and scientific criteria necessary for carrying out clinical trials. In case of a negative evaluation of an application for marketing authorisation, or if the pharmaceutical company in question states that it does not intend to apply for a marketing authorisation pursuant to Regulation (EC) No 726/2004, the validity of the certificate should be discontinued. _________________ 5 Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1).
2022/04/08
Committee: LIBE
Amendment 30 #

2022/0031(COD)

Proposal for a regulation
Recital 8
(8) As a result, it cannot be excluded that Member States continue to require Union citizens exercising their right to free movement to present proof of COVID-19 vaccination, test or recovery beyond 30 June 2022, the date when Regulation (EU) 2021/953 is set to expire. It is thus important to avoid that, in the event that certain restrictions to free movement based on public health are still in place after 30 June 2022, Union citizens and their family members are deprived of the possibility to make use of their EU Digital COVID Certificates, which are an effective, secure and privacy-preserving way of proving one’s COVID-19 status. At the same time, gThe use of EU Digital COVID Certificates should be proportionate to the epidemiological situation and associated public health risk. Given that any restrictions to the free movement of persons within the Union put in place to limit the spread of SARS-CoV- 2, including the requirement to present EU Digital COVID Certificates, should be lifted as soon as the epidemiological situation allows, the extension of the application of Regulation (EU) 2021/953 should be limited to 12 months and subject to a mid-term evaluation after six months, with a possibility of repeal of that Regulation on the basis of a recommendation of the ECDC and the Health Security Committee. In addition, the extension of that Regulation should not be understood as requiring or encouraging Member States, in particular those that lift domestic public health measures, to maintain or impose free movement restrictions. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union delegated to the Commission pursuant to Regulation (EU) 2021/953 should be equally extended. It is necessary to ensure that the EU Digital COVID Certificate system can adapt to new evidence on the efficacy of COVID-19 health technologies and to scientific progress in containing the COVID-19 pandemic.
2022/04/08
Committee: LIBE
Amendment 52 #

2022/0031(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Regulation (EU) 2021/953
Article 5 – paragraph 2 – point b
(b) information about the COVID- 19 vaccine and the number of doses of COVID-19 vaccines administered to the holder, regardless of the Member State in which they have been administered;;
2022/04/08
Committee: LIBE
Amendment 54 #

2022/0031(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Regulation (EU) 2021/953
Article 5 – paragraph 5 – subparagraph 3 a (new)
Member States may also issue vaccination certificates referred to in point (a) of Article 3(1) to persons participating in clinical trials that concern a COVID-19 vaccine and that have been approved by Member States’ ethical committees and competent authorities, regardless whether they have been administered the vaccine candidate or the dose administered to the control group. The information about the COVID-19 vaccine to be included in the vaccination certificate in accordance with the specific data fields set out in point 1 of the Annex shall not undermine the integrity of the clinical trial. Member States may accept vaccination certificates issued by other Member States in accordance with this paragraph in order to waive restrictions to free movement put in place, in accordance with Union law, to limit the spread of SARS-CoV-2.; The validity of such vaccination certificates, issued by Member States, shall not be longer than that of the vaccination certificates issued pursuant to the second subparagraph of this paragraph. Such certificates shall include information regarding the phase of the clinical trial and the status of the clinical trial. Member States may accept vaccination certificates issued by other Member States in accordance with this paragraph in order to waive restrictions to free movement put in place, in accordance with Union law, to limit the spread of SARS-CoV-2. If a COVID-19 vaccine undergoing clinical trials is subsequently granted a marketing authorisation pursuant to Regulation (EC) No 726/2004, vaccination certificates for that vaccine fall, as of that moment, within the scope of the first subparagraph of this paragraph. In the case of a negative evaluation of marketing authorisation application for the specific product, or in case the incumbent pharmaceutical company states it does not intend to apply for a marketing authorisation, the validity of the certificate shall be discontinued.;
2022/04/08
Committee: LIBE
Amendment 64 #

2022/0031(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2021/953
Article 7 – paragraph 4
4. On the basis of guidance received pursuant to Article 3(11), recommendations by the ECDC and where relevant other Union agencies, based on the latest scientific evidence, the Commission is empowered to adopt delegated acts in accordance with Article 12 to amend paragraph 1 of this Article and point (c) of Article 3(1) to allow for the issuance of the certificate of recovery on the basis of a positive antigen test, antibody test, including a serological test for antibodies against SARS-CoV-2, or any other scientifically validated method. Such delegated acts shall also amend point 3 of the Annex by adding, modifying or removing the data fields falling under the categories of personal data referred to in points (b) and (c) of paragraph 2 of this Article.;
2022/04/08
Committee: LIBE
Amendment 75 #

2022/0031(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 d (new)
Regulation (EU) 2021/953
Article 16 – paragraph 2
(7d) In Article 16, paragraph 2 is replaced by the following: "2. By 31 MarchDecember 2022, the Commission shall submit a report to the European Parliament and to the Council on the application of this Regulation. The report shall contain, in particular, an assessment of the proportionality and the impact of this Regulation on the facilitation of free movement, including on travel and tourism and the acceptance of the different types of vaccine, fundamental rights and non- discrimination, as well as on the protection of personal data during the COVID-19 pandemic. The report mayassessment shall be accompanied by legislative proposals, in particular to extend the period of application of this Regulation, taking into account a recommendation of the ECDC and the Health Security Committee to either repeal this Regulation after the initial six monthes evolution of the epidemiological situation with regard to the COVID-19 pandemic.xtension or to extend the period of application of this Regulation up to 12 months;"
2022/04/08
Committee: LIBE
Amendment 78 #

2022/0031(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2021/953
Article 17 – paragraph 2
It shall apply from 1 July 2021 to 30 June 2023., with a possibility of its repeal after six months pursuant to the evaluation and recommendation of the ECDC and the Health Security Committee;
2022/04/08
Committee: LIBE
Amendment 63 #

2021/2097(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the agreement reached by the G20/OECD Inclusive Framework on a two-pillar reform, including a global minimum effective tax rate; considers this an important step towards ending the practice of shifting profits to low-tax jurisdictions; regrets the fact that the sccalls on the Commission, as soon as the OECD has developed its limited to multinational enterprises with a global consolidated turnover of at least EUR 750 millionmodel rules, to publish the legislative proposals to implement the international agreement into EU law; calls on the Council to swiftly adopt such proposals to have it effective in 2023;
2021/11/25
Committee: ECON
Amendment 87 #

2021/2063(INI)

Motion for a resolution
Paragraph 3
3. Is deeply concerned about the unprecedented healthcare, social and economic crisis caused by the COVID-19 pandemic, resulting in a sharp contraction of the euro area economy, a sharp increase in economic and social inequalities, and rapidly deteriorating labour market conditions; is especially concerned about the effect that the COVID-19 pandemic had on SMEs; notes that euro area activity is expected to rebound, although the speed, scale and evenness of the rebound remains highly uncertain;
2021/10/13
Committee: ECON
Amendment 189 #

2021/2063(INI)

Motion for a resolution
Paragraph 13
13. NotWelcomes the ECB’s decision to include the costs related to owner-occupied housing in the HICP to better represent the inflation rate that is relevant for households;
2021/10/13
Committee: ECON
Amendment 192 #

2021/2063(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Takes note of potential HICP measurement biases including the Quality Adjustment bias; invites the ECB to provide more transparency about the Quality Adjustments in different Member States and their effects on the measured inflation;
2021/10/13
Committee: ECON
Amendment 209 #

2021/2063(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Welcomes the ECB's efforts to monitor and reduce ist Environmental Footprint;
2021/10/13
Committee: ECON
Amendment 215 #

2021/2063(INI)

Motion for a resolution
Paragraph 15
15. Agrees with the ECB that tackling the climate emergency touches not only upon its secondary but also upon its primary mandate, given that climate change and its consequences pose a threat to price stability; notes that the results of the ECB first climate stress test indicate that without strong measures, the EUGDP could be 10% lower in 2100 than it would be with an orderly planned scenario for the green transition; therefore welcomes that the ECB will conduct regular climate stress-tests both at economy-wide and individual banks levels;
2021/10/13
Committee: ECON
Amendment 239 #

2021/2063(INI)

Motion for a resolution
Paragraph 17 – point 1 (new)
(1) Welcomes the fact that the ECB will create indicators on exposures of financial institutions to climate-related physical risks through their portfolios, including indicators on the carbon footprint;
2021/10/13
Committee: ECON
Amendment 243 #

2021/2063(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Welcomes the fact that the ECB will develop macroeconomic modelling and scenario analyses to integrate climate risks into the ECB’s models and assess their impact on potential growth; further welcome that the ECB will conduct scenario analyses regarding transition policies;
2021/10/13
Committee: ECON
Amendment 264 #

2021/2063(INI)

Motion for a resolution
Paragraph 19
19. Welcomes the fact that the ECB is taking steps to incorporate climate-related risks into its collateral framework but warns against delays in its implementation and recommends the ECB also aligns its collateral framework with the Paris Agreement and EU objectives; is concerned about the fact that the ECB continues to rely exclusively on private external credit rating agencies (CRAs) for risk assessment;
2021/10/13
Committee: ECON
Amendment 269 #

2021/2063(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Welcomes the fact the ECB is preparing to align its corporate asset purchases with the Paris Agreement and calls on the ECB to clarify the criteria that will be used to do so;
2021/10/13
Committee: ECON
Amendment 347 #

2021/2063(INI)

Motion for a resolution
Paragraph 29
29. Reiterates that the nomingrets with strong concerns thati onsly 2 of the Executive Board members should be prepared carefully and take a gender- balanced approach, with full transparency and together w25 Members of the ECB's Governing Council are women, despite repeated calls from the European Parliament, and from senior figures in the ECB including iths Parliament, in line with the Treresident Christine Lagarde, to improve gender balance in EU economic and monetary affairs nominatieons;
2021/10/13
Committee: ECON
Amendment 7 #

2021/2046(INI)

Draft opinion
Recital A
A. whereas a sustainable and smart mobility strategy must promote the reduction of the greenhouse gas (GHG) emissions associated with the sector and reduce its overall environmental impact based on the latest scientific findings, while ensuring that people’s needs and individual preferences are catered for and helping to achieve sustainable development and economic, social and territorial cohesion;
2021/06/30
Committee: ENVI
Amendment 13 #

2021/2046(INI)

Draft opinion
Recital A a (new)
Aa. whereas mobility and transport are strategic value chains at the centre of the industrial core of many Member States, providing skilled employment, reliable incomes and safe and innovative mobility and transport solutions to millions of people in Europe and around the globe;
2021/06/30
Committee: ENVI
Amendment 26 #

2021/2046(INI)

Draft opinion
Recital A b (new)
Ab. whereas the EU’s Sustainable and Smart Mobility Strategy aims to make mobility affordable and accessible in all EU regions and for all passengers including those with disabilities and reduced mobility;
2021/06/30
Committee: ENVI
Amendment 33 #

2021/2046(INI)

Draft opinion
Recital A c (new)
Ac. whereas according to the International Energy Agency's 2021 report on Net Zero Emissions by 2050, in order to reach net-zero emissions by 2050 all new passengers cars put on the market globally would need to be zero-emission by 2035;
2021/06/30
Committee: ENVI
Amendment 54 #

2021/2046(INI)

Draft opinion
Paragraph 1
1. Takes note ofWelcomes the Commission’s communication entitled ‘Sustainable and Smart Mobility Strategy – putting European transport on track for the future’ and points out shortcomings that need to be overcome; stresses that the sector's potential to reduce its emissions is greatly dependent on investment in environmentally sustainable public transport systems, which must give rise to a paradigm shift in mobility, which is overly focused on individual transport;
2021/06/30
Committee: ENVI
Amendment 63 #

2021/2046(INI)

Draft opinion
Paragraph 1 a (new)
1a. Notes that citizens must be at the heart of the transition to sustainable mobility, and that a multi-pathway approach is the most effective way to deliver efficient emissions reductions while ensuring mobility remains accessible and affordable to all;
2021/06/30
Committee: ENVI
Amendment 72 #

2021/2046(INI)

Draft opinion
Paragraph 1 b (new)
1b. Recalls that no single mode of transport alone can satisfy all mobility needs; Stresses that all transport modes including the use of private vehicles must remain as part of future mobility plans in order to strive for a sustainable and resilient mobility, following the principle of multimodality.
2021/06/30
Committee: ENVI
Amendment 73 #

2021/2046(INI)

Draft opinion
Paragraph 1 c (new)
1c. Calls for ambitious CO2 standards for new cars going beyond 2030 that bring the EU firmly on the trajectory to having virtually only zero-emissions cars on the roads by 2050, which will be necessary in order to reach the EU objective of economy-wide climate neutrality no later than 2050, as shown by the Commission in its impact assessment for the 2030 target; believes that EU manufacturers should be given a clear policy signal, investment certainty, and the right incentives to keep their technological leadership in this transformation, and therefore supports performance-based standards respecting technological neutrality that lead to the deployment of zero-emissions vehicles; underlines the need to account for the impacts of zero- emission standards on the different parts of the existing automotive value chain and calls for accompanying measures targeting the whole value chain in all parts of the EU, focusing on small and medium sized suppliers, to enable the transition;
2021/06/30
Committee: ENVI
Amendment 78 #

2021/2046(INI)

Draft opinion
Paragraph 1 d (new)
1d. Underlines that the transition to zero-emission mobility must be accompanied by binding standards supporting the adequate deployment of infrastructure as well as higher targets for the deployment of charging points throughout the EU;
2021/06/30
Committee: ENVI
Amendment 79 #

2021/2046(INI)

Draft opinion
Paragraph 1 e (new)
1e. Stresses that ambitious investments public and private are needed in order to ensure charging and refuelling infrastructure installations across the European Union.
2021/06/30
Committee: ENVI
Amendment 83 #

2021/2046(INI)

Draft opinion
Paragraph 1 f (new)
1f. Stresses that sustainable and smart mobility needs to be also affordable; calls on Member States for specific compensation schemes and the effective use of taxation in order to reduce the costs on the most sustainable transport alternatives and ensure a socially and geographically fair transition;
2021/06/30
Committee: ENVI
Amendment 85 #

2021/2046(INI)

Draft opinion
Paragraph 1 g (new)
1g. Calls for support to rural, peripheral, sparsely populated and remote areas in the shift towards sustainable and smart mobility to guarantee unhindered access to affordable mobility for all;
2021/06/30
Committee: ENVI
Amendment 87 #

2021/2046(INI)

Draft opinion
Paragraph 1 h (new)
1h. Calls for measures to support the transition to zero-emissions vehicles in the whole automotive value chain in all parts of the EU, focusing on small and medium sized suppliers, in particular through a dedicated transition fund for the automotive sector that helps mitigate the negative effects on employment and local economies, in the same way as the Just Transition Fund is targeting the energy transition;
2021/06/30
Committee: ENVI
Amendment 89 #

2021/2046(INI)

Draft opinion
Paragraph 1 i (new)
1i. Calls on the Commission to develop life-cycle assessment methodologies to measure the full climate impact of cars placed on the European market, as called for in Regulation (EU) 2019/631 on CO2 emission performance standards for new passenger cars and vans;
2021/06/30
Committee: ENVI
Amendment 91 #

2021/2046(INI)

Draft opinion
Paragraph 1 j (new)
1j. Believes that accessibility fosters freedom of movement especially for people with disabilities, families with children and the elderly; calls for public spaces to be made completely accessible;
2021/06/30
Committee: ENVI
Amendment 107 #

2021/2046(INI)

Draft opinion
Paragraph 2
2. Takes the view that a sustainable mobility strategy must encompass all methods and modes of transport, increasing the modal share of the most sustainable means of transport, as well as the different levels of travel – local, regional, national and international – and should be inextricably linked to suitable spatial planning and land use; Calls for the need to develop mechanisms that support the modal shift whilst ensuring Europe's competitiveness and innovation; underlines the particular challenges of mobility in urban areas and advocates an urban public transport pricing policy that promotes innovation and digitalization to incentivises greater use thereof;
2021/06/30
Committee: ENVI
Amendment 175 #

2021/2046(INI)

Draft opinion
Paragraph 4
4. Advocates that the objective of global emissions reduction in the transport sector should be grounded in a regulatory approach that is no longer exclusively focused on market-based instruments, makes each economic agent responsieconomically, socially and environmentally sustainable, and paves the way for the rapid dissemination of the best available technologies.
2021/06/30
Committee: ENVI
Amendment 196 #

2021/2046(INI)

Draft opinion
Paragraph 4 b (new)
4b. Calls on the Commission to develop a comprehensive policy framework to stimulate the demand for zero emission vehicles; Underlines that environmental standards should be accompanied by supportive measures, such as the revision of the Energy Taxation Directive to align taxation policies to the ambitious energy and climate targets.
2021/06/30
Committee: ENVI
Amendment 204 #

2021/2046(INI)

Draft opinion
Paragraph 4 c (new)
4c. Notes the role played by battery technologies in the decarbonisation of mobility systems; calls for the promotion and stimulation of battery production in Europe, as well as for the creation of a coherent and supportive regulatory framework for sustainable batteries, in line with the principles of circular economy and wider EU decarbonisation objectives;
2021/06/30
Committee: ENVI
Amendment 208 #

2021/2046(INI)

Draft opinion
Paragraph 4 c (new)
4c. Calls for ambitious post-Euro-6 emission standards for cars, vans, lorries and buses in line with the commitments made under the European Green Deal;
2021/06/30
Committee: ENVI
Amendment 213 #

2021/2046(INI)

Draft opinion
Paragraph 4 d (new)
4d. Underlines that low- and zero- emission fuels, such as hydrogen and synthetic and bio-fuels, should be used in accordance with the ‘energy efficiency first’ principle and a system efficiency approach, mainly for those transport modes where direct electrification is not possible or not yet market-ready;
2021/06/30
Committee: ENVI
Amendment 147 #

2021/2011(INI)

Draft opinion
Paragraph 5
5. Encourages a comprehensive assessment of the mining sector’ssteps of the extractive cycle that could be inclusionded in the scope of the Industrial Emissions Directive; furthermore, based on this assessment, invites the Commission to review Directive 2010/75/EU on industrial emissions (IED).
2021/05/04
Committee: ENVI
Amendment 173 #

2021/2011(INI)

Draft opinion
Paragraph 6 a (new)
6a. Highlights that the mining of CRMs is one of the strong drivers of biodiversity loss and deforestation worldwide, and therefore calls on the Commission to assess the impact of their extraction, processing and use on biodiversity loss and forest loss and degradation inside and outside the EU in the measures linked to CRMs such as the Industrial Emissions Directive
2021/05/04
Committee: ENVI
Amendment 94 #

2021/2006(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the cross-sectoral approach outlined in the EU strategy to reduce methane emissions and fully supports a fair frameworkand clear framework with binding measures and targets covering the agriculture, waste and energy sectors;
2021/06/29
Committee: ENVI
Amendment 117 #

2021/2006(INI)

Motion for a resolution
Paragraph 2
2. Underlines the importance of improving measurement, reporting and verification (MRV) as well as leak detection and repair (LDAR) standards in all sectors;
2021/06/29
Committee: ENVI
Amendment 122 #

2021/2006(INI)

Motion for a resolution
Paragraph 3
3. Underscores the need to revise EU climate and environmental legislation in a coherent manner; takes the view that the binding emissions reduction targets for Member States in the Effort Sharing Regulation5 should remain the main legislative tool to reduce methane emissions as part of overall greenhouse gas reductions, while the Industrial Emissions Directive6 and other legislation cshould serve as a complementary tool; taking into account the need to avoid unnecessary overlaps between the legislations; calls on the Commission to assess the consistency of the National Emission Reduction Commitments Directive with meeting the EU´s air quality objectives as well as the Union's 2030 climate goals and its objective of climate neutrality in 2050 at the latest, as enshrined in the European Climate Law, and to revise it accordingly as soon as possible; _________________ 5Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013. OJ L 156, 19.6.2018, p. 26. 6 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control). OJ L 334, 17.12.2010, p. 17.
2021/06/29
Committee: ENVI
Amendment 129 #

2021/2006(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Recalls that methane is a potent local air pollutant, which in itself causes serious health problems as it contributes to tropospheric ozone formation; welcomes therefore the planned revision of the Industrial Emissions Directive (IED) and calls on the Commission to include methane in its list of polluting substances set out in Annex II;
2021/06/29
Committee: ENVI
Amendment 213 #

2021/2006(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Underlines that the MRV, LDAR and the ban on routine venting and flaring (BRVF) requirements are on their own unlikely to deliver the most effective and economically efficient methane reductions; calls therefore on the Commission to develop within its legislative proposal emissions reduction targets, benchmarks and performance standards linked to clear timelines;
2021/06/29
Committee: ENVI
Amendment 269 #

2021/2006(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Expresses its concern that agriculture represents the largest share of anthropogenic methane emission sources in the EU; calls on the Member States to introduce effective and sustainable measures to address those emissions in their National Strategic Plans and calls on the Commission to analyse those thoroughly before approving the Plans with the aim of ensuring policy coherence;
2021/06/29
Committee: ENVI
Amendment 281 #

2021/2006(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls on Member States to include provisions in their CAP strategic plans to reduce methane emissions from agricultural practices and calls on the Commission to include methane reduction in its assessment of those Strategic Plans with the aim of ensuring policy coherence;
2021/06/29
Committee: ENVI
Amendment 351 #

2021/2006(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to revise the Sewage Sludge Directive7 and the Urban Waste Water Treatment Directive8 in 2022; calls on the Commission furthermore to be ambitious and to integrate a strong focus on methane emissions in the upcoming revision of the Industrial Emissions Directive (IED) and in the 2024 review of the Landfill Directive9 ; highlights the need for measures to require landfill sites to use the bio-methane they produce until its energy content drops below a useful value; _________________ 7 Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture. OJ L 181, 4.7.1986, p. 6. 8 Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment. OJ L 135, 30.5.1991, p. 40. 9Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste. OJ L 182, 16.7.1999, p. 1.
2021/06/29
Committee: ENVI
Amendment 343 #

2021/0426(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 – point d
(d) an outline description of the investment needs for the implementation of the building renovation plan, the financing sources and measures for each type of building in the national stock and the financial models used, particularly if economic actors are involved, and the administrative resources for building renovation.
2022/05/25
Committee: ENVI
Amendment 358 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 11 a (new)
Regulation (EU) No 600/2014
Article 25 – paragraph 1
1. Investment firms shall keep at the disposal of the competent authority, for five years, the relevan(11 a) in Article 25, paragraph 1 is replaced by the following: ‘1. Member States shall require investment firms to ensure and demonstrate to competent authorities on request that dnata relating to all orders and all transactions in financial instruments which they have carried out, whether on own account or on behalf of a client. In the case of transactions carried out on behalf of clients,ural persons giving investment advice or information about financial instruments, investment services or ancillary services to clients on behalf of the investment firm possess the rnecords shall contain all the information and details of the identity of theessary knowledge and competence, including in the field of sustainability preferences of clients, and the information required under Directive 2005/60/EC of the European Parliament and of the Council ( 10 ). ESMA may request access to that information in accordance with the procedure and under the conditions set out in Article 35 of Regulation (EU) No 1095/2010to fulfil their obligations under Article 24 and this Article. Member States shall publish the criteria to be used for assessing such knowledge and competence.
2022/10/21
Committee: ECON
Amendment 359 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 11 b (new)
Regulation (EU) No 600/2014
Article 25 – paragraph 3a (new)
(11 b) the following paragraph is inserted: ‘3a. When providing investment advice to retail clients, investment firms shall amongst the products proposed include at least one product that is covered by Article 9(1) or 9(2) of Regulation (EU)2019/2088.’
2022/10/21
Committee: ECON
Amendment 131 #

2021/0367(COD)

Proposal for a regulation
Recital 37 a (new)
(37 a) It is necessary to ensure that the shipment of waste of certain products that are necessary to building strong value chains essential to achieve the Green Deal are facilitated within the European single market and that exports outside the Union of those products are particularly monitored by the Commission. Strengthening key value chains will accelerate the development of our resilience and ensure strategic autonomy. The scope of relevant products should be aligned with the Raw Material Act presented by the Commission, as it is pertinent for battery recycling, in particular for the black mass obtained either once a battery has been processed for recycling or during the related industrial process.
2022/05/25
Committee: ENVI
Amendment 101 #

2021/0366(COD)

Proposal for a regulation
Recital 1
(1) Forests provide a broad variety of environmental, economic and social benefits, including timber and non-wood forest products and environmental services essential for humankind, as they harbour most of the Earth’s terrestrial biodiversity. They maintain ecosystem functions, help protect the climate system, provide clean air and play a vital role for the purification of waters and soils as well as for water retention. In addition, forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples and local communities who heavily depend on forest ecosystems18. Furthermore, deforestation and forest degradation reduce essential carbon sinks and increase the likelihood of new diseases spreading from animals to human. Deforestation, forest degradation and the conversion and degradation of other ecosystems also increase contacts between wild animals and farmed animals and humans, thereby increasing the likelihood of new diseases spreading and the risks of new epidemics and pandemics. __________________ 18 Commission Communication of 27 July 2019 ’Stepping up EU Action to Protect and Restore the World’s Forests’, COM(2019) 352 final.
2022/04/25
Committee: ENVI
Amendment 116 #

2021/0366(COD)

Proposal for a regulation
Recital 7
(7) Union consumption is a considerable driver of deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of the sixeight commodities included in the scope (wood, cattle, soy, palm oil, cocoa and, coffee, maize and rubber) will rise to approximately 248,000 hectares of deforestation annually by 2030.
2022/04/25
Committee: ENVI
Amendment 127 #

2021/0366(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) Combatting deforestation, forest degradation and the conversion and degradation of other ecosystems also requires consumer awareness of healthier consumption patterns having a smaller environmental footprint.
2022/04/25
Committee: ENVI
Amendment 128 #

2021/0366(COD)

Proposal for a regulation
Recital 13 b (new)
(13b) Plant proteins for feeding livestock contribute greatly to deforestation and the conversion of other ecosystems worldwide; deforestation and the conversion of other ecosystems can be countered in particular by reducing the Union’s dependence on imported plant proteins and promoting locally and sustainably sourced plant proteins. The achievement of the objectives of this Regulation must be accompanied by an increase in protein autonomy and the implementation of a Union strategy on plant proteins.
2022/04/25
Committee: ENVI
Amendment 142 #

2021/0366(COD)

Proposal for a regulation
Recital 19 a (new)
(19a) In order to ensure consistency with the Union’s commitments under the Paris Agreement, which calls for the protection of forests in order to contribute to the fight against climate change, and in the context of the review of the Union’s trade policy, sustainable forest management should be strengthened in trade agreements negotiated by the Union. Robust clauses on deforestation, forest degradation and the conversion and degradation of other ecosystems should be included where relevant in the negotiating mandates, and sustainability benchmarks for relevant raw materials should be included as part of negotiations on the granting of new trade preferences. The issue of deforestation, forest degradation and the conversion and degradation of other ecosystems should be strengthened in the implementation or in the review of the ‘trade and sustainable development’ chapters, with a differentiated approach being adopted that takes into account the development levels and economic situations of our trade partners.
2022/04/25
Committee: ENVI
Amendment 150 #

2021/0366(COD)

Proposal for a regulation
Recital 21 a (new)
(21a) Smallholders should receive fair remuneration for their production and should not be penalised by this Regulation by having to bear costs relating to the traceability requirement and the transition to sustainable farming practices. These costs should be fairly distributed throughout the value chain. The Commission should therefore carry out an assessment, as soon as possible after the entry into force of this Regulation, of the specific needs in terms of technical and financial assistance and capacity enhancement for smallholders to comply with the new rules.
2022/04/25
Committee: ENVI
Amendment 151 #

2021/0366(COD)

Proposal for a regulation
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU Observatory should have stable and sufficient resources and should participate in the establishment of a rapid alert system for operators, traders, civil society and competent authorities where the forest cover analysis reveals deforestation or forest degradation activity. In order to facilitate the implementation of this Regulation, the Commission should also examine how the EU Observatory can contribute to the analysis of relevant legislation in producer countries, including tenure rights and the procedural right to give free, prior and informed consent. The EU Observatory will cooperate closely with relevant international organisations, civil society organisations, research institutes, and third countries. It will also cooperate with the competent authorities of the Member States with a view to centralising the data and the results of the controls which they carry out on the spot. As part of the review of this Regulation, the Commission should examine how the EU Observatory could also be tasked with monitoring changes in other natural carbon-rich and biodiversity-rich ecosystems covered by this Regulation.
2022/04/25
Committee: ENVI
Amendment 163 #

2021/0366(COD)

Proposal for a regulation
Recital 27
(27) The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation and forest degradation as well as the conversion and degradation of other ecosystems and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of eight commodities. Wood was directly included in the scope as it was already covered by the EUTR. The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectares of deforestation linked to EU consumption, as estimated in a recent research paper44, for each of those commodities with their average value of EU imports. According to the research paper used for the efficiency analysis, sixthe eight commodities analysed represent the largest sharemore than 95% of EU-driven deforestation among the total of eight commodities analysed in that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%). __________________ 44 Pendrill F., Persson U. M., Kastner, T. 2020.
2022/04/25
Committee: ENVI
Amendment 168 #

2021/0366(COD)

Proposal for a regulation
Recital 27 a (new)
(27a) Financial institutions should be covered by this Regulation as their services could lead to support activities linked directly or indirectly to deforestation and forest degradation. All banking, investment and insurance activities of financial institutions should therefore be included in the scope of this Regulation in order to prevent them to support projects directly or indirectly linked to deforestation or forest degradation.
2022/04/25
Committee: ENVI
Amendment 175 #

2021/0366(COD)

Proposal for a regulation
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems, and to ensure that commodities and products from supply chains related to deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production and with international human rights law, including the right to prior, free and informed consent. To confirm that this is the case, they should always be accompanied by a due diligence statement.
2022/04/25
Committee: ENVI
Amendment 181 #

2021/0366(COD)

Proposal for a regulation
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that requirements relating to the absence of deforestation and forest degradation and, forest degradation and conversion and degradation of other ecosystems are fulfilled, and that the country of production has complied with the legality requirements are fulfillednd with international human rights law, including the right to prior, free and informed consent, inter alia by identifying the country and area of production, including geo-location coordinates of relevant plots of land. These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
2022/04/25
Committee: ENVI
Amendment 184 #

2021/0366(COD)

Proposal for a regulation
Recital 33 a (new)
(33a) Operators and traders and the competent authorities of the Member States should be able to benefit from the tools made available by the Union when collecting and retranscribing the information required for the due diligence procedure. The agencies in charge of EGNOS/Galileo and Copernicus should strengthen their synergies in order to allow for a holistic approach. Operators and traders, in cooperation with the Commission, should support farmers, particularly smallholders, indigenous peoples and local communities, so that they can procure and make appropriate use of the necessary tools to collect information, including geo-location, and to take ownership of them in a sustainable manner.
2022/04/25
Committee: ENVI
Amendment 195 #

2021/0366(COD)

Proposal for a regulation
Recital 38 a (new)
(38a) There is a direct link between deforestation and the conversion of ecosystems and violations of human rights, in particular those of indigenous peoples and local communities. Special attention should be paid to their needs and their full inclusion in the implementation of this Regulation should be promoted. Full respect for international texts and standards, including ILO Convention No 160 on Indigenous and Tribal Peoples, the right to free, prior and informed consent (FPIC) as described by the FAO, and the United Nations Declaration on the Rights of Indigenous Peoples should also be promoted.
2022/04/25
Committee: ENVI
Amendment 196 #

2021/0366(COD)

Proposal for a regulation
Recital 40
(40) Responsibility for enforcing this Regulation should lie with the Member States, and their competent authorities should be required to ensure that this Regulation is fully complied with. A uniform enforcement of this Regulation as regards relevant commodities and products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission. The Commission should, in particular, carry out an analysis of the sanctions applied by the Member States and conduct an exchange with them in order to promote harmonised implementation of this Regulation.
2022/04/25
Committee: ENVI
Amendment 202 #

2021/0366(COD)

Proposal for a regulation
Recital 41
(41) The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation. The information system should also be accessible for a wider public, with the anonymised datadata being anonymised – apart from information concerning the European list of non-compliant operators and traders – and provided in an open and machine- readable format in line with the Union’s Open Data Policy.
2022/04/25
Committee: ENVI
Amendment 220 #

2021/0366(COD)

Proposal for a regulation
Recital 52 a (new)
(52a) The Commission should publish the names of operators and traders not in compliance with this Regulation. This could help increase the pressure from consumers and civil society on non- compliant operators and traders to source from supply chains that are free from deforestation, forest degradation and the conversion and degradation of other ecosystems.
2022/04/25
Committee: ENVI
Amendment 223 #

2021/0366(COD)

Proposal for a regulation
Recital 53 a (new)
(53a) In order to facilitate the access to factual, reliable and updated information on deforestation to operators, Member States authorities, and interested third countries authorities, and to facilitate the compliance of economic operators with the requirements of this Regulation, the Commission should establish a Platform covering the forest areas worldwide, featuring a range of tools to enable all parties to quickly move towards No- Deforestation across supply chains. The Platform should include thematic maps, a land cover map with time series since the cut-off date set by this Regulation, and a range of classes allowing to appreciate landscape composition. The platform should also provide an alert system, relying upon a monthly monitoring of forest cover change, and a range of analyses and user-friendly and secured outputs, depicting how supply chains are linked to deforestation. In order to foster the use of the most accurate and timely information, to develop risk assessment and risk analyses, to improve checks on declarations and countries benchmarking, whilst developing a cooperative approach, the Platform should be made available to all the stakeholders listed above. The Platform should use satellite imagery, including Copernicus Sentinel, which have the capability to provide the factual, reliable and updated information required.
2022/04/25
Committee: ENVI
Amendment 226 #

2021/0366(COD)

Proposal for a regulation
Recital 54 a (new)
(54a) Two years after the entry into force of this Regulation, the Commission should present an assessment of the need to extend the list of relevant products in Annex I to other relevant commodities or products, as well as to other ecosystems.
2022/04/25
Committee: ENVI
Amendment 239 #

2021/0366(COD)

Proposal for a regulation
Article 1 – paragraph 1 – introductory part
This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm, soya and wood, wood, maize and rubber (“relevant commodities”) and products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities (“relevant products”), with a view to
2022/04/29
Committee: ENVI
Amendment 253 #

2021/0366(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
(ba) addressing human rights violations linked to the production of the commodities covered by this Regulation.
2022/04/29
Committee: ENVI
Amendment 256 #

2021/0366(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
(1a) This Regulation also lays out obligations for financial institutions headquartered or operating in the Union that provide financial services to natural or legal persons whose economic activities consist, or are linked to, the production, supply, placing on or export from the Union market of the relevant commodities and products as defined in this Article.
2022/04/29
Committee: ENVI
Amendment 323 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8 – introductory part
(8) ‘deforestation-free’ means that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation, forest degradation or the conversion or degradation of other ecosystems after 31 December 2020;
2022/04/29
Committee: ENVI
Amendment 341 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9) ‘produced’ means grown, harvested, raised, fed from (from birth to slaughter) or obtained on relevant plot of land;
2022/04/29
Committee: ENVI
Amendment 345 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
(11a) ‘right to free, prior and informed consent’ means the right of indigenous peoples and local communities to give and withdraw their consent prior to the establishment of an activity that could affect their rights, land or territories, resources, activities or food security, and to do so through representatives chosen by the local communities or indigenous peoples and in accordance with their norms, customs and values;
2022/04/29
Committee: ENVI
Amendment 383 #

2021/0366(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) they have been produced in accordance with the relevant legislation of the country of production as well as international law on human rights, in particular the rights of indigenous peoples and local communities, including the right to free, prior and informed consent; and
2022/04/29
Committee: ENVI
Amendment 389 #

2021/0366(COD)

Proposal for a regulation
Article 3 a (new)
Article 3a Financial institutions shall provide financial services to customers only when they conclude that there is no more than a negligible risk that the services in question may provide support directly or indirectly to activities leading to deforestation and forest degradation.
2022/04/29
Committee: ENVI
Amendment 391 #

2021/0366(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Operators shall exercise due diligence prior to placing relevant commodities and products on or prior to their export from the Union market in order to ensure their compliance with Article 3(a), (b) and (ba). To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8.
2022/04/29
Committee: ENVI
Amendment 401 #

2021/0366(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. Operators that have received new information, including substantiated concerns, or information provided via the rapid alert mechanism, that the relevant commodity or product that they have already placed on the market is notat risk of not being in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
2022/04/29
Committee: ENVI
Amendment 405 #

2021/0366(COD)

Proposal for a regulation
Article 4 – paragraph 7 a (new)
7a. Operators shall take the necessary measures: (a) to consult broadly and without delay with the stakeholders potentially impacted by this Regulation, in particular those that are most vulnerable; and (b) to provide adequate assistance and fair remuneration to their suppliers, in particular small operators, so that they can comply with the rules, in particular with regard to the geolocation requirement, and to ensure that the costs resulting from the implementation of this Regulation are fairly shared among the different actors in the value chain.
2022/04/29
Committee: ENVI
Amendment 452 #

2021/0366(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of production, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commoditythe legal status of land (ownership/title including both formal and customary rights of indigenous peoples and local communities to lands, territories and resources) and evidence of free, prior and informed consent;
2022/04/29
Committee: ENVI
Amendment 457 #

2021/0366(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
(ha) information on the working conditions of the people who were responsible for the harvesting, processing and treatment of the relevant commodities and products and the conditions under which those activities took place, for the purpose of verifying compliance with the human rights obligations of this Regulation;
2022/04/29
Committee: ENVI
Amendment 462 #

2021/0366(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1a. Financial institutions shall collect the information, documents and data demonstrating that the provision of financial services to customers complies with Article 11a. These shall include, at least: (a) description of the customer’s economic activities, of the activities of entities controlled by the customer, of the economic activities of the customers’ suppliers; (b) information on the relevant commodities and products placed on, made available on or exported from the Union’s market and on the related exercise of due diligence under this Regulation; (c) use, for the activities under (a) of relevant commodities and products, including information on the relevant commodities and products effectively used and on the related exercise of due diligence under this Regulation; (d) policies adopted, and implemented by the customer and by the entities and suppliers referred to under (a) in view of ensuring that their activities do not cause deforestation and forest degradation; (e) identification of the country of production and geo-localisation coordinates, latitude and longitude of all plots of land where the relevant commodities and products is to be produced;
2022/04/29
Committee: ENVI
Amendment 469 #

2021/0366(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1 and paragraph 1a concerning further relevant information to be obtained that may be necessary to ensure the effectiveness of the due diligence system.
2022/04/29
Committee: ENVI
Amendment 470 #

2021/0366(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Operators and financial institutions shall verify and analyse information collected in accordance with Article 9 and any other relevant documentation, and on this basis carry out a risk assessment to establish whether there is a risk that the relevant commodities and products intended to be placed on or exported from the Union market are non- compliant with the requirements of this Regulation. If the operators cannot demonstrate that the risk of non- compliance is negligible, they shall not place the relevant commodity or product on the Union market nor export it. If the financial institutions cannot conclude that the risk of non-compliance is negligible, they shall not provide financial services to the concerned customers.
2022/04/29
Committee: ENVI
Amendment 488 #

2021/0366(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country of production and origin, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, violations of human rights and of the rights of indigenous peoples and local communities, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
2022/04/29
Committee: ENVI
Amendment 495 #

2021/0366(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point i a (new)
(ia) information provided via the rapid alert mechanism;
2022/04/29
Committee: ENVI
Amendment 501 #

2021/0366(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits, strengthening the capacities of and providing adequate support to suppliers to modify their practices or other measures pertaining to information requirements set out in Article 9.
2022/04/29
Committee: ENVI
Amendment 523 #

2021/0366(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence, operators which are not SMEs shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Article 8 and the necessary measures set out in Article 4(7a). Operators falling also within the scope of other EU legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other EU legislative instruments.
2022/04/29
Committee: ENVI
Amendment 530 #

2021/0366(COD)

Proposal for a regulation
Article 11 a (new)
Article 11a Obligations of financial institutions 1. In view of complying with Article 3, financial institutions shall exercise due diligence prior to providing financial services to customers whose economic activities consist, or are linked to, the trading or placing on the market of commodities and products defined in Article 1 and Annex I. 2. The due diligence shall include: (a) the collection of information and documents, as referred to in Article 9(a), needed to fulfil the requirement set out in paragraph 1; (b) risk assessment and mitigation measures as described in Article 10; 3. Financial institutions shall not provide financial services to customers without prior submission of a due diligence statement to the competent authorities; 4. For customers with whom they have established an ongoing business relationship before the date of entry into force of this Regulation, financial institutions shall complete the relevant due diligence within one year from the date in question.
2022/04/29
Committee: ENVI
Amendment 531 #

2021/0366(COD)

Proposal for a regulation
Article 11 b (new)
Article 11b 1. Financial institutions shall verify and analyse information collected in accordance with Article 9(1a) and any other relevant documentation, and on this basis carry out a risk assessment to establish whether there is a risk that the provision of financial services to a customer may not comply with Article 12a(1). If the financial institutions cannot demonstrate that the risk of non- compliance is negligible, they shall not provide financial services to the customer at issue.
2022/04/29
Committee: ENVI
Amendment 569 #

2021/0366(COD)

Proposal for a regulation
Article 13 – paragraph 7 a (new)
7a. Competent authorities shall monitor the compliance of financial institutions with the requirements of this Regulation.
2022/04/25
Committee: ENVI
Amendment 585 #

2021/0366(COD)

Proposal for a regulation
Article 14 – paragraph 11
11. Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on the rapid alert mechanism or on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation.
2022/04/25
Committee: ENVI
Amendment 591 #

2021/0366(COD)

Proposal for a regulation
Article 14 – paragraph 13
13. The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non- compliance. Records of all checks shall be kept for at least 510 years.
2022/04/25
Committee: ENVI
Amendment 616 #

2021/0366(COD)

Proposal for a regulation
Article 18 – paragraph -1 (new)
-1. Without prejudice to the obligation of operators to exercise due diligence as provided for in Article 8 and in order to provide assistance to operators and competent authorities in checking the legality requirement referred to in Article 3(b), the Commission shall draw up a non-exhaustive list of relevant legislation in producer countries in consultation with them and any other relevant stakeholders, in particular indigenous peoples and local communities.
2022/04/25
Committee: ENVI
Amendment 617 #

2021/0366(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. Competent authorities shall cooperate with each other, with authorities from other Member States, with the Commission, and, if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation, including as regards the implementation of field audits.
2022/04/25
Committee: ENVI
Amendment 618 #

2021/0366(COD)

Proposal for a regulation
Article 18 – paragraph 3
3. Competent authorities shall exchange information necessary for the enforcement of this Regulation. This shall include giving access to and exchange of data on operators and traders including due diligence statements, the nature and results of the controls carried out and any sanctions imposed with other Member States’ competent authorities to facilitate the enforcement of this Regulation.
2022/04/25
Committee: ENVI
Amendment 623 #

2021/0366(COD)

Proposal for a regulation
Article 18 a (new)
Article 18a Satellite imagery and access to forest data The Commission shall establish a Platform using satellite imagery, including Copernicus Sentinel, covering the forest areas worldwide, and featuring tools to enable all parties to quickly move towards no-deforestation across supply chains. The platform shall provide: (a) thematic maps, including a land cover map with time series since the cut- off date defined in Article 2 (8) and a range of classes allowing to appreciate landscape composition, (b) an alert system, relying upon a monthly monitoring of forest cover change, (c) a range of analyses and user- friendly and secured outputs, depicting how supply chains are linked to deforestation. The Platform shall be made available to Member State authorities, interested third countries’ authorities, operators and traders.
2022/04/25
Committee: ENVI
Amendment 628 #

2021/0366(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. The Commission services shall make publicly available, on an annual basis, a Union-wide overview of the application of this Regulation based on the data submitted by the Member States under paragraph 1. Where appropriate, and in order to promote the effective implementation of this Regulation, the Commission shall make recommendations with a view to encouraging the harmonisation of sanctions between Member States.
2022/04/25
Committee: ENVI
Amendment 644 #

2021/0366(COD)

Proposal for a regulation
Article 21 – paragraph 1
Where, following the checks referred to in Article 15 and 16, possible serious shortcomings have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities may take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products. Member States shall inform the Commission and the competent authorities of other Member States about such measures directly.
2022/04/25
Committee: ENVI
Amendment 655 #

2021/0366(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point d
(d) destroyonating the relevant commodity or product or donating it to charitable or public interest purposes.
2022/04/25
Committee: ENVI
Amendment 658 #

2021/0366(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
(da) rectifying flaws in the exercise of due diligence in order to prevent possible future infractions.
2022/04/25
Committee: ENVI
Amendment 681 #

2021/0366(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
(da) in the case of serious or repeated violations, suspension or withdrawal of the right to submit due diligence statements;
2022/04/25
Committee: ENVI
Amendment 693 #

2021/0366(COD)

Proposal for a regulation
Article 23 a (new)
Article 23a Establishment of a European list of non- compliant operators and traders 1. The Commission shall draw up a list of operators and traders who have failed to fulfil their obligations under this Regulation. An operator or trader shall be included on that list if an administrative authority or a court of a Member State has imposed on it, in accordance with Article 23 of this Regulation, sanctions which are final. 2. Member States shall notify the Commission without delay of any final administrative or criminal sanction or penalty imposed on an operator or trader for failure to comply with its obligations under this Regulation. 3. Upon receipt of such notification the Commission shall, without delay, include the operator or trader concerned on the list and inform the operator and trader concerned of its inclusion, and update the information system (‘Register’) referred to in Article 31. 4. Member States shall establish more frequent checks on operators and traders on the list, including at least one check within two years of their inclusion on the list.
2022/04/25
Committee: ENVI
Amendment 694 #

2021/0366(COD)

Proposal for a regulation
Article 23 b (new)
Article 23b Removal from the European list of non- compliant operators and traders The Commission shall remove an operator or trader from the list of non- compliant operators and traders referred to in Article 23a two years after the last administrative or criminal sanction or penalty, provided no other administrative or criminal sanction or procedure concerning an alleged infringement has been reported. The Commission shall, without undue delay, notify the competent authorities of the removal of an operator or trader from the list and update the information system (‘Register’) referred to in Article 31.
2022/04/25
Committee: ENVI
Amendment 695 #

2021/0366(COD)

Proposal for a regulation
Article 23 c (new)
Article 23c Content, dissemination and updating of the European list of non-compliant operators and traders The European list of non-compliant operators and traders shall contain: (a) the name of the operator or trader; (b) the date of the first inclusion on the list; and (c) a summary of the activities justifying the inclusion of the operator or trader on the list. The Commission shall publish the European list in the Official Journal of the European Union and in the information system (‘Register’) referred to in Article 31.
2022/04/25
Committee: ENVI
Amendment 708 #

2021/0366(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest fourone years from the date of adoption of the relevant implementing act referred to in paragraph 3.
2022/04/25
Committee: ENVI
Amendment 762 #

2021/0366(COD)

Proposal for a regulation
Article 27 – paragraph 4 a (new)
4a. Where a country is placed in the higher risk category, the Commission shall propose that the country engage in sustained dialogue and cooperation, in accordance with Article 28, in order to develop an ongoing partnership aimed at creating the necessary conditions for that country to be able to return to the standard risk category.
2022/04/25
Committee: ENVI
Amendment 765 #

2021/0366(COD)

Proposal for a regulation
Article 28 – paragraph 1
1. The CommissionIn a coordinated approach, the Commission and the Member States shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms, forest degradation and the conversion and degradation of other ecosystems, as well as the human rights violations linked to these phenomena. Such partnerships and cooperation mechanisms shall prioritise countries in the higher risk category pursuant to Article 27 and will focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the conversion and degradation of other ecosystems, and the transition to sustainable commodity production, consumption, processing and trade methods and, where appropriate, the development of ecotourism based on sustainable management of forests and other biodiversity-rich ecosystems. Partnerships and cooperation mechanisms may include structured dialogues, adequate support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. Partnerships and cooperation mechanisms shall pay particular attention to smallholders in order to enable them to transition to sustainable farming practices and to comply with the requirements of this Regulation. In the context of programming under the Global Europe instrument, adequate financial resources must be available to help meet the support needs of smallholders. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
2022/04/25
Committee: ENVI
Amendment 776 #

2021/0366(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations, fiscalincluding tenure rights and the procedural right to give or withhold free, prior and informed consent, fiscal or trade incentives and other pertinent tools to improve forest, other ecosystem and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, transparent supply chains, strengthen the rights of forest or other ecosystem dependent communities including smallholders, indigenous peoples and local communities, and ensure public access to forest management documents and other relevant information.
2022/04/25
Committee: ENVI
Amendment 790 #

2021/0366(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. Competent authorities shall, without undue delay, diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriate, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation.
2022/04/25
Committee: ENVI
Amendment 815 #

2021/0366(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. The Commission shall establish and maintain, by the date established in Article 36(2), an information system (“Register”) which shall contain the due diligence statements made available pursuant to Article 4(2) and the European list of non- compliant operators and traders referred to in Article 23b.
2022/04/25
Committee: ENVI
Amendment 817 #

2021/0366(COD)

Proposal for a regulation
Article 31 – paragraph 2 – point c
(c) registration of the outcome of controls on due diligence statements and the sanctions imposed;
2022/04/25
Committee: ENVI
Amendment 818 #

2021/0366(COD)

Proposal for a regulation
Article 31 – paragraph 2 – point e
(e) registration of the European list of non-compliant operators and traders and allow the risk profiling of operators, traders and relevant commodities and products for the purpose of identifying high risk consignments according to the risk analysis in Article 14(4);
2022/04/25
Committee: ENVI
Amendment 823 #

2021/0366(COD)

Proposal for a regulation
Article 31 – paragraph 5
5. IWithout prejudice to the provisions laid down in Articles 23a, 23b and 23c on the European list of non-compliant operators and traders and in line with the EU’s Open Data Policy, and in particular the Directive (EU) 2019/102451 , the Commission shall provide access to the wider public to the complete anonymised datasets of the information system in an open format that can be machine-readable and that ensures interoperability, re-use and accessibility. __________________ 51 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. 56–83).
2022/04/25
Committee: ENVI
Amendment 827 #

2021/0366(COD)

Proposal for a regulation
Article 31 a (new)
Article 31a Impact assessment and continuous assessment 1. From the entry into force of this Regulation, the Commission shall carry out an assessment of the impact of this Regulation on farmers, in particular smallholders, and on indigenous peoples and local communities so as to identify their needs in order to adapt to the new rules and ensure their transition to sustainable supply chains. 2. In close cooperation with the Member States and the Union delegations in the third countries concerned, the Commission shall carry out a continuous and inclusive assessment of the impact of the implementation of this Regulation on vulnerable stakeholders. It shall pay particular attention to smallholders and their ability to comply with this Regulation with a view to formulating support measures in the context of the review referred to in Article 32. Or. fr (Article 31a (new) is inserted in Chapter 8 before Article 32.)
2022/04/25
Committee: ENVI
Amendment 831 #

2021/0366(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. No later than two years after the entry into force, the Commission shall carry out a first review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The report shall focus in particular on an evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commoditiesas well as on proposals for additional support measures for farmers, in particular smallholders, indigenous peoples and local communities on the basis of the impact assessment and continuous assessment carried out under Article 31a.
2022/04/25
Committee: ENVI
Amendment 847 #

2021/0366(COD)

Proposal for a regulation
Article 32 – paragraph 2 – point a (new)
(aa) sanctions imposed by Member States and the need for and feasibility of encouraging harmonisation between Member States in order to ensure more effective implementation of the Regulation
2022/04/25
Committee: ENVI
Amendment 841 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 47 a (new)
Regulation (EU) No 575/2013
Article 126b (new)
(47 a) the following article is inserted : Article 126b Fossil fuel sector exposures for corporates 1. The following shall be considered exposures to existing fossil fuel resources: (i)exposures to projects in sectors of the economy which produce, process, store or use fossil fuels as defined in Article 2(62) of Regulation (EU) 2018/1999 of the European Parliament and of the Council (ii)exposures to companies active in fossil fuel sectors, excluding the ones which invest in expansion or exploration and plan to add fossil fuel resources to their production portfolio (iii)exposure to power plants that burn fossil fuels to generate power. Fossil fuel resources and resource fields referred to in this subparagraph must have been explored and known as of 31 December 2021. 2.The following shall be considered exposures to the new fossil fuel resources: (i)exposure to sectors of the economy which produce, process, store or use fossil fuels as defined in Article 2(62)of Regulation (EU) 2018/1999 of the European Parliament and of the Council This includes all projects which have not received a final investment decision (FID)before 31 December 2021 (ii)exposures to companies active in fossil fuel sectors, which invest in expansion and exploration and plan to add fossil fuel resources to their production portfolio (ii)exposure to power plants that burn fossil fuels to generate power; the FID for the exploration or expansion of such fossil fuels must have been on or after 1 January 2022. Exploration or expansion of fossil fuel resources and resource fields referred to in this must have started on or after 1 January 2022. 3. Exposures related to existing fossil fuel resources, as referred to in paragraph 1 of this Article, shall be assigned a risk weight of 150 % 4. Exposures related to new fossil fuel resources, as referred to in paragraph 2 of this Article, shall be assigned a risk weight of 1250 % 5. Corporates publishing a transition plan as defined in article 19a, paragraph 2, point (iii), of Directive 2013/34/EU and as specified in the delegated acts adopted in accordance with Article 29b of Directive 2013/34/EU, shall not be subject to the treatment set out in this Article. For this rule to apply, the transition plan shall be subject to an assurance engagement respecting the dispositions set out in Directive [CSRD]for the assurance of sustainability reporting.
2022/08/11
Committee: ECON
Amendment 876 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 52 a (new)
Regulation (EU) No 575/2013
Article 133a (new)
(52 a) the following article is inserted : Article 133a Fossil fuel sector equity exposures for corporates 1. The following shall be considered companies having activities relating to existing fossil fuel resources: (i)companies in the sectors of the economy which produce, process, store or use fossil fuels as defined in Article 2(62) of Regulation (EU) 2018/1999 of the European Parliament and of the Council (ii)companies active in fossil fuel sectors, excluding the ones which invest in expansion or exploration and plan to add fossil fuel resources to their production portfolio (iii)companies exploiting power plants that burn fossil fuels to generate power. Fossil fuel resources and resource fields referred to in this subparagraph must have been explored and known as of 31 December 2021. 2. The following shall be considered companies having activities relating to new fossil fuel resources: (i) companies in the sectors of the economy which produce, process, store or use fossil fuels as defined in Article 2(62) of Regulation (EU) 2018/1999 of the European Parliament and of the Council This includes all projects which have not received a final investment decision (FID) before 31 December 2021 (i) companies active in fossil fuel sectors, which invest in expansion and exploration and plan to add fossil fuel resources to their production portfolio (iii) companies exploiting power plants that burn fossil fuels to generate power; the FID for the exploration or expansion of such fossil fuels must have been on or after 1 January 2022. Exploration or expansion of fossil fuel resources and resource fields referred to in this must have started on or after 1 January 2022. 3. Equity exposures in companies having activities relating to existing fossil fuel resources, as referred to in paragraph 1 of this Article, shall be assigned a risk weight of 400 % 4. Equity exposures in companies having activities relating to new fossil fuel resources, as referred to in paragraph 2 of this Article, shall be assigned a risk weight of 1250 % 5. Corporates publishing a transition plan as defined in article 19a, paragraph 2, point (iii), of Directive 2013/34/EU and as specified in the delegated acts adopted in accordance with Article 29b of Directive 2013/34/EU, shall not be subject to the treatment set out in this Article. For this rule to apply, the transition plan shall be subject to an assurance engagement respecting the dispositions set out in Directive [CSRD] for the assurance of sustainability reporting.
2022/08/11
Committee: ECON
Amendment 342 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2013/36/EU
Article 76 – paragraph 2 – subparagraph 2
Member States shall ensure that the management body develops specific plans and quantifiable targets to monitor and address the risks arising in the short, medium and long-term from the misalignment of the business model and strategy of the institutions, with the Regulation (EU) 2021/1119 (European Climate Law), and other relevant Union policy objectives or broader transition trends towards a sustainable economy in relation to environmental, social and governance factors.;
2022/08/22
Committee: ECON
Amendment 347 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b a (new)
Directive 2013/36/EU
Article 76 – paragraph 2 a (new)
(ba) the following paragraph is inserted: ‘2a. To ensure coherence with Directive 2021/0104(COD), the transition plans shall include implementing actions and related financial and investment plans, to ensure that the undertaking's business model and strategy are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement; and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 (European Climate Law), and where relevant, the exposure of the undertaking to coal, oil and gas-related activities. Those plans shall also include emissions on scope 1, scope 2 and, where relevant, scope 3 greenhouse gas emissions; a description of the time-bound targets related to sustainability matters set by the undertaking, including where appropriate absolute greenhouse gas emission reduction targets at least for 2030 and 2050, a description and of the progress the undertaking has made towards achieving those targets, and a specification of whether the undertaking’s targets related to environmental matters are based on conclusive scientific evidence.’
2022/08/22
Committee: ECON
Amendment 360 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2013/36/EU
Article 87 a – paragraph 4
4. Competent authorities shall assess and monitor developments of institutions’ practices concerning their environmental, social and governance strategy and risk management, including the plans to be prepared in accordance with Article 76, as well as the progress made and the risks to adapt their business models to the relevant policy objectives of the Union or broader transition trends towards a sustainable economy, taking into account sustainability related product offering, transition finance policies, related loan origination policies, and environmental, social and governance related targets and limits. Competent authorities should verify the robustness of those plans as part of the supervisory review and evaluation process.
2022/08/22
Committee: ECON
Amendment 361 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2013/36/EU
Article 87 a – paragraph 4
4. Competent authorities shall assess and monitor developments of institutions’ practices concerning their environmental, social and governance strategy and risk management, including the plans to be prepared in accordance with Article 76, as well as the progress made and the risks towards achieving the targets set in accordance with Article 76 in order to adapt their business models to the relevant policy objectives of the Union or broader transition trends towards a sustainable economy, taking into account sustainability related product offering, transition finance policies, related loan origination policies, and environmental, social and governance related targets and limits.
2022/08/22
Committee: ECON
Amendment 372 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2013/36/EU
Article 87 a – paragraph 5 – subparagraph 1 – point d a (new)
(da) the methodologies and the content of the plans, targets and criteria mentioned in (a), (b), (c) and (d)of this paragraph shall be aligned, where relevant, to sustainability reporting as defined in Directive [CSRD]
2022/08/22
Committee: ECON
Amendment 520 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 23
Directive 2013/36/EU
Article 98 – paragraph 9 – subparagraph 1 a (new)
Environmental risks shall be assessed on the basis of banking institutions’ transition plans as defined in Article 76. Institutions’ governance and risk management processes with regard to environmental aspects shall be brought into line with the objectives of those transition plans.
2022/08/22
Committee: ECON
Amendment 521 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 23
Directive 2013/36/EU
Article 98 – paragraph 9 – subparagraph 1 a (new)
The assessment of the institutions’ plans and targets, as well as the progress made towards achieving those targets, as referred to in Article 76(2), to achieve climate neutrality by 2050 at the latest, set out in Regulation (EU) 2021/1119 as well as other relevant Union policy objectives in relation to environmental, social and governance factors.
2022/08/22
Committee: ECON
Amendment 527 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25 – point a – point ii a (new)
Directive 2013/36/EU
Article 104 – paragraph 1 – point m a (new)
(ma) require the reinforcement of the climate targets, transition plans, and actions implemented in accordance with Article 76.
2022/08/22
Committee: ECON
Amendment 216 #

2021/0295(COD)

Proposal for a directive
Recital 4
(4) In its Communication of 11 December 2019 on the European Green Deal19 , the Commission made a commitment to integrate better into the Union’s prudential framework the management of climate and environmental risks. The European Green Deal is the Union’s new growth strategy, which aims to transform the Union into a modern, resource-efficient and competitive economy with no net emissions of greenhouse gases by 2050. It will contribute to the objective of building an economy that works for the people, strengthening the Union’s social market economy, helping to ensure that it is future-ready and that it delivers stability, jobs, growth and investment. In its proposal of 4 March 2020 for a European Climate Law, the Commission proposed to make the objective of climate neutrality and climate resilience by 2050 binding in the Union. That proposal was adopted by the European Parliament and by the Council and it entered into force on 29 July 202120 . The Commission’s ambition to ensure global leadership by the EU on the path towards 2050 was reiterated in the 2021 Strategic Foresight Report21 , which identifies the building of resilient and future-proof economic and financial systems as a strategic area of action. To reflect that ambition, the insurance framework should be updated to ensure that insurance and reinsurance undertakings manage and mitigate climate and environmental risks. __________________ 19 COM(2019)640 final 20 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 21 COM(2021)750 final
2022/08/01
Committee: ECON
Amendment 219 #

2021/0295(COD)

Proposal for a directive
Recital 5
(5) The EU sustainable finance framework will play a key role in meeting the targets of the European Green Deal and environmental regulation should be complemented by a sustainable finance framework which channels finance to investments that reduce exposure to these climate and environmental risks. In its Communication of 6 July 2021 on a Strategy for Financing the Transition to a Sustainable Economy22 , the Commission committed to propose amendments to Directive 2009/138/EC to consistently integrate sustainability risks in risk management of insurers by requiring climate change scenario analysis by insurers. As a result, sustainability risks should be reflected in underwriting and investment decisions. __________________ 22 COM(2021)390
2022/08/01
Committee: ECON
Amendment 223 #

2021/0295(COD)

Proposal for a directive
Recital 6 a (new)
(6 a) To ensure an orderly transition towards the objective of carbon neutrality as established in Regulation (EU) 2021/1119(European Climate Law), insurance and reinsurance undertakings in the scope of Directive (EU) 2021/0104 (COD) [CSRD Directive], as regards corporate sustainability reporting shall develop and adopt a transition plan to ensure that their business model and strategy are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement.
2022/08/01
Committee: ECON
Amendment 248 #

2021/0295(COD)

Proposal for a directive
Recital 27 a (new)
(27 a) EIOPA is required to initiate and coordinate Union-wide assessments of the resilience of financial institutions to adverse market developments according to Article 32 of Regulation (EU) No 1094/2010. A first IORP stress test was launched in April 2022 with results expected in December 2022. Similarly, national supervisory authorities should perform stress tests on climate but also on environmental and social risks.
2022/08/01
Committee: ECON
Amendment 296 #

2021/0295(COD)

Proposal for a directive
Recital 78
(78) Achieving the environmental and climate ambitions of the Green Deal requires the channelling of large amounts of investments from the private sector, including from insurance and reinsurance companies, towards sustainable investments. The provisions of Directive 2009/138/EC on the capital requirements should not impede sustainable investments by insurance and reinsurance undertakings but should reflect the full risk of investments in environmentally harmful activities. While there is not sufficient evidence at this stage on risk differentials between environmentally or socially harmful and other investments, such evidence may become available over the next years. In order to ensure an appropriate assessment of the relevant evidence, EIOPA should monitor and report by 2023 on the evidence on the risk profile of environmentally, including fossil fuel-related assets, or socially harmful investments. Where appropriate, EIOPA’s report should advise on changes to Directive 2009/138/EC and to the delegated and implementing acts adopted pursuant to that Directive. EIOPA may also inquire whether it would be appropriate that certain environmental risks, other than climate change-related, should be taken into account and how. For instance, if evidence so suggests, EIOPA could analyse the need for extending scenario analyses as introduced by this Directive in the context of climate change-related risks to other environmental risks.
2022/08/01
Committee: ECON
Amendment 300 #

2021/0295(COD)

Proposal for a directive
Recital 79
(79) Climate change is affecting and will affect at least over the next decades the frequency and severity of natural catastrophes which are likely to further aggravate due to rising temperatures, environmental degradation and pollution. This may also change the exposure of insurance and reinsurance undertakings to natural catastrophe risk and render invalid the standard parameters for natural catastrophe risk set out in Delegated Regulation (EU) 2015/35. In order to ensure that there is no persistent discrepancy between the standard parameters for natural catastrophe risk and the actual exposure of insurance and reinsurance companies to such risks, EIOPA should review regularly the scope of the natural catastrophe risk module and the calibrations of its standard parameters. For that purpose, EIOPA should take into account the latest available evidence from climate science and, where discrepancies are found, it should submit an opinion to the Commission accordingly.
2022/08/01
Committee: ECON
Amendment 429 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21 – point a
Directive 2009/138/EC
Article 41 – paragraph 1 – subparagraph 3
The system of governance shall be subject to regular internal review. Such internal review shall include an assessment on the adequacy of the composition, effectiveness, expertise about sustainability risks and internal governance of the administrative, management or supervisory body taking into account the nature, scale and complexity of the risks inherent in the undertaking’s business.;
2022/08/01
Committee: ECON
Amendment 437 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21 – point c
Directive 2009/138/EC
Article 41 – paragraph 3 – subparagraph 1
3. Insurance and reinsurance undertakings shall have written policies in relation to at least risk management, internal control, internal audit, remuneration, stewardship and, where relevant, outsourcing and a written transition plan as described in Article 44a. They shall ensure that those policies arend the transition plan are properly implemented.
2022/08/01
Committee: ECON
Amendment 447 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22 – point - a (new)
Directive 2009/138/EC
Article 42 – paragraph 1 – point a
(-a) paragraph 1, point (a) is replaced by the following: "(a) their professional qualifications, knowledge and experience, including in the field of sustainability risks, are adequate to enable sound and prudent management (fit); and (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)" Or. en
2022/08/01
Committee: ECON
Amendment 459 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b a (new)
Directive 2009/138/EC
Article 44 – paragraph 2 b (new)
(ba) the following paragraph is inserted: "2b. As regards underwriting and investment, insurance and reinsurance undertakings shall perform a regular assessment and ensure that their business model, strategy and activities for underwriting portfolio and the whole portfolio of assets, are aligned with the objective to achieve climate neutrality by 2050 at the latest, as set out in Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 (“European Climate Law”)."
2022/08/01
Committee: ECON
Amendment 465 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b b (new)
Directive 2009/138/EC
Article 44 – paragraph 3 b (new)
(bb) the following paragraph is inserted: "3b. The written policy on risk management referred to in Article 41(3) shall include policies relating to sustainability risks and sustainability factors, as well as a stewardship policy that shall include a report on the impact of the policy in the last financial period, in particular the decisions taken by the insurance or reinsurance undertaking following the condition of climate change scenario analysis referred to in Article 45a to assess the risks referred to in Article 45(2)."
2022/08/01
Committee: ECON
Amendment 466 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b c (new)
Directive 2009/138/EC
Article 44 – paragraph 4 a (new)
(bc) the following paragraph is inserted: "4a. The risk management system shall cover any sustainability risks to which the insurance or reinsurance undertaking is exposed to."
2022/08/01
Committee: ECON
Amendment 476 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 23 a (new)
Directive 2009/138/EC
Article 44 a (new)
(23a) The following article is inserted: 'Article 44a Transition plan 1. In order to demonstrate alignment with the Green Deal and the objective of carbon neutrality by 2050 at the latest as established in Regulation (EU) 2021/1119(European Climate Law),insurance and reinsurance undertakings in scope of Directive (EU)2021/0104 (COD) [CSRD Directive] shall develop and adopt a transition plan by no later than [1 year after the date of the application of the Directive]. 2. The plan shall be approved by the administrative, management or supervisory body of the insurance or reinsurance undertaking. The plan shall be reviewed at least every 2 years. 3. The plan shall be subject to the disclosure obligations referred to in article 19aand article 29a of the Directive amending Directive 2013/34/EU, Directive 2004/109/EC, Directive2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting.'
2022/08/01
Committee: ECON
Amendment 490 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 24 – point c a (new)
Directive 2009/138/EC
Article 45 – paragraph 4
(ca) paragraph 4 is replaced by the following: "4. The own-risk and solvency assessment shall be an integral part of the business strategy and shall be taken into account on an ongoing basis in the strategic decisions of the undertaking. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)In particular, insurance and reinsurance undertakings shall take all necessary measures to ensure that they appropriately manage and address allmaterial risks identified, including climate change risks. " Or. en
2022/08/01
Committee: ECON
Amendment 502 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 2 – point b
(b) a long-term climate change scenario where the global temperature increase is equal to orsignificantly higher than two degrees Celsius.
2022/08/01
Committee: ECON
Amendment 505 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 5
5. By way of derogation from paragraphs 2, 3 and 4, insurance and reinsurance undertakings that are classified as low-risk profiAt regular intervals, the undertaking concerned shall perform a backward analysis on previous climate change scenarios to disclose to what extent their tools and principles undertakings shall neither be required to specify climate change scenarios nor to assess their impactsed when conducting their long-term climate change scenario analyses lead to an overestimation or underestimation onf the business of the undertaking.;materiality of its exposure to climate change risks.
2022/08/01
Committee: ECON
Amendment 508 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 5 a (new)
5a. In order to ensure common, uniform and consistent application of this Article, EIOPA shall develop guidelines to facilitate common supervisory tools and specify the principles to be used when conducting long-term climate change scenario analyses referred to in Article 45a.
2022/08/01
Committee: ECON
Amendment 513 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25 a (new)
Directive 2009/138/EC
Article 45b (new)
(25a) The following article is inserted : ‘Article 45b Stress tests of ESG risks 1. The national supervisory authorities shall carry out as appropriate but at least every two years supervisory stress tests of environmental, social and governance risks on institutions they supervise. 2. EBA,EIOPA and ESMA shall, through the Joint Committee referred to in Article 54 of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010, develop guidelines to ensure that consistency, long-term considerations and common standards for assessment methodologies are integrated into the stress testing of environmental, social and governance risks.’
2022/08/01
Committee: ECON
Amendment 518 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Directive 2009/138/EC
Article 51 – paragraph 1a – point b
(b) a brief description of the capital management and the risk profile of the undertaking., including in relation to sustainability risks;
2022/08/01
Committee: ECON
Amendment 519 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Directive 2009/138/EC
Article 51 – paragraph 1a – points b a (new) and b b (new)
(b a) where the undertaking conducts a climate scenario analysis described in Article 45a, a description of the latest results; (b b) a description of the implementation of the transition plan described in Article 44a.
2022/08/01
Committee: ECON
Amendment 782 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 91
Directive 2009/138/EC
Article 304a – paragraph 1 – subparagraph 1
1. EIOPA, after consulting the ESRB, shall assess, on the basis of available data and the findings of the Platform on Sustainable Finance referred to in Article 20 of Regulation (EU) 2020/852 of the European Parliament and of the Council* and the EBA in the context of its work under the mandate set out in Article 501c, point (c), of Regulation (EU) 575/2013 whether a dedicated prudential treatment of exposures related to assets or activities associated substantially with environmental or social objectives would be justified. In particular, EIOPA shall assess the potential effects of a dedicated prudential treatment of exposures related to assets and activities which are associated substantially with environmental and/or social objectives or which are associated substantially with harm to such objectives on the protection of policy holders and financial stability in the Union, including fossil fuel related- assets.
2022/08/01
Committee: ECON
Amendment 792 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 91
Directive 2009/138/EC
Article 304a – paragraph 2 a (new)
2a. EIOPA shall evaluate whether and to what extent insurance and reinsurance undertakings assess their material exposure to biodiversity-related risks as part of the assessment referred to in Article 45(1). EIOPA shall subsequently assess which actions should be taken to ensure that insurance and reinsurance undertakings dully consider these risks. EIOPA shall submit a report on its findings to the Commission by 28 June 2023.
2022/08/01
Committee: ECON
Amendment 264 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 38 a (new)
(38a) ‘publicly accessible recharging infrastructure’ means a recharging pool, station or point which is located at a site or premise that is open to the general public at least 8 hours per day and 6 days a week with an uptime of at least 98%, irrespective of whether the recharging infrastructure is located on public or on private property.
2022/01/25
Committee: ENVI
Amendment 294 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) for each battery electric light-duty vehicle registered in their territory, a total power output of at least 1 kW is provided through publicly accessible recharging stations; and if a Member State’s EV share of the total projected vehicle fleet is greater than 7.5%; and for each battery electric light-duty vehicle registered in their territory, a total power output of at least 1.5kW is provided through publicly accessible recharging stations if a Member State’s EV share of the total projected vehicle fleet is greater than 5% and below 7.5%; and for each battery electric light-duty vehicle registered in their territory, a total power output of at least 2 kW is provided through publicly accessible recharging stations if a Member State’s EV share of the total projected vehicle fleet is greater than 2.5% and below 5%; and for each battery electric light-duty vehicle registered in their territory, a total power output of at least 2.5 kW is provided through publicly accessible recharging stations if a Member State’s EV share of the total projected vehicle fleet is greater than 1%and below 2.5%; and for each battery electric light-duty vehicle registered in their territory, a total power output of at least 3 kW is provided through publicly accessible recharging stations if a Member State’s EV share of the total projected vehicle fleet is below 1%;
2022/01/25
Committee: ENVI
Amendment 313 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) without prejudice to points a - b of this Article, Member States shall ensure the deployment of a minimum amount of recharging infrastructure at national level that is sufficient for - 2% of electric vehicles in the total projected vehicle fleet by 31 December 2025; - 5% of electric vehicles in the total projected vehicle fleet by 31 December 2027; - 10% of electric vehicles in the total projected vehicle fleet by 31 December 2030
2022/01/25
Committee: ENVI
Amendment 366 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 3 a (new)
3a. Commercial buildings with public parking facilities with more than 10 parking spaces for light duty vehicles, shall equip at least 15% of their parking spaces with publicly accessible recharging points by 31 December 2025.
2022/01/25
Committee: ENVI
Amendment 382 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a – point i
(i) by 31 December 2025, each recharging pool shall offer a power output of at least 142000 kW and include at least onetwo recharging stations with an individual power output of at least 350 kW;
2022/01/25
Committee: ENVI
Amendment 394 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a – point ii
(ii) by 31 December 2030, each recharging pool shall offer a power output of at least 3500 kW and include at least two recharging stations with an individual power output of at least 3750 kW;
2022/01/25
Committee: ENVI
Amendment 398 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b – introductory part
(b) along the TEN-T comprehensive network, publicly accessible recharging pools dedicated to heavy-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 1060 km in-between them:
2022/01/25
Committee: ENVI
Amendment 401 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b – point i
(i) by 31 December 2030, each recharging pool shall offer a power output of at least 142000 kW and include at least onetwo recharging station with an individual power output of at least 350 kW;
2022/01/25
Committee: ENVI
Amendment 413 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b – point ii
(ii) by 1 December 2035, each recharging pool shall offer a power output of at least 3500 kW and include at least two recharging stations with an individual power output of at least 3750 kW;
2022/01/25
Committee: ENVI
Amendment 421 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c
(c) by 31 December 203025, in each safe and secure parking area at least onetwo recharging stations dedicated to heavy- duty vehicles with a power output of at least 100 kW isare installed;
2022/01/25
Committee: ENVI
Amendment 432 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point e
(e) by 31 December 2030, in each urban node publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 12600 kW are deployed, provided by recharging stations with an individual power output of at least 150 kW.
2022/01/25
Committee: ENVI
Amendment 438 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 (new)
The Commission should review, if necessary, the targets set in this regulation for electric recharging infrastructure dedicated to heavy-duty vehicles to align them with the new requirements set in the updated regulation EU 2019/1242 on the CO2 emission standards for heavy-duty vehicles.
2022/01/25
Committee: ENVI
Amendment 443 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. Operators of recharging points shall, at the publicly accessible recharging points operated by them and deployed from the date referred to in Article 24, provide end users with the possibility to recharge their electric vehicle on an ad hoc basis using a payment instrument that is widely used in the Union. To that end: they shall accept electronic payments through terminals and devices used for payment services, at least via payment cards;
2022/01/25
Committee: ENVI
Amendment 447 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a
(a) operators of recharging points shall, at publicly accessible recharging stations with a power output below 50 kW, deployed from the date referred to in Article 24, accept electronic payments through terminals and devices used for payment services, including at least one of the following: (i) (ii) devices with a contactless functionality that is at least able to read payment cards; (iii) devices using an internet connection with which for instance a Quick Response code can be specifically generated and used for the payment transactiondeleted payment card readers;
2022/01/25
Committee: ENVI
Amendment 452 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a – point i
(i) payment card readers;deleted
2022/01/25
Committee: ENVI
Amendment 454 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a – point ii
(ii) devices with a contactless functionality that is at least able to read payment cards;deleted
2022/01/25
Committee: ENVI
Amendment 457 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a – point iii
(iii) devices using an internet connection with which for instance a Quick Response code can be specifically generated and used for the payment transaction;deleted
2022/01/25
Committee: ENVI
Amendment 461 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b
(b) operators of recharging points shall, at publicly accessible recharging stations with a power output equal to or more than 50 kW, deployed from the date referred to in Article 24, accept electronic payments through terminals and devices used for payment services, including at least one of the following: (i) (ii) devices with a contactless functionality that is at least able to read payment cards.deleted payment card readers;
2022/01/25
Committee: ENVI
Amendment 470 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b – point i
(i) payment card readers;deleted
2022/01/25
Committee: ENVI
Amendment 474 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b – point ii
(ii) devices with a contactless functionality that is at least able to read payment cards.deleted
2022/01/25
Committee: ENVI
Amendment 484 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
From 1 January 2027 onwards, operators of recharging points shall ensure that all publicly accessible recharging stations with a power output equal to or more than 50 kW operated by them comply with the requirement in point (b)aragraph 2.
2022/01/25
Committee: ENVI
Amendment 487 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
The requirements laid down in points (a) and (b)aragraph 2 shall not apply to publicly accessible recharging points that do not require payment for the recharging service.
2022/01/25
Committee: ENVI
Amendment 496 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 4 a (new)
4a. Member States shall empower national regulatory authorities to adopt measures ensuring that price gouging does not occur, based on, inter alia the distance to the next charger, the level of battery charge, the vehicle brand or participation in a contract-based payment system. National regulatory authorities shall monitor pricing and practices of vehicle producers and recharging point operators, consider appropriate measures to safeguard competition and consumer protection and shall also periodically report the Commission.
2022/01/25
Committee: ENVI
Amendment 543 #

2021/0223(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
To that end Member States shall ensure that by 31 December 2030 publicly accessible hydrogen refuelling stations with a minimum capacity of 2 t/day and equipped with at least a 700 bars dispenser are deployed with a maximum distance of 15200 km in-between them along the TEN-T core and the TEN-T comprehensive network. Liquid hydrogen shall be made available at publicly accessible refuelling stations with a maximum distance of 450 km in-between them.
2022/01/25
Committee: ENVI
Amendment 632 #

2021/0223(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point b
(b) at least one installation providing shore-side electricity supply to inland waterway vessels is deployed at all TEN-T comprehensive inland waterway ports by 1 January 203027.
2022/01/25
Committee: ENVI
Amendment 645 #

2021/0223(COD)

Proposal for a regulation
Article 11 a (new)
Article 11 a Targets for supply of renewable hydrogen and ammonia in maritime ports Member States shall ensure that an appropriate number of refuelling points for renewable hydrogen and ammonia are put in place at TEN-T core maritime ports referred to in paragraph 2, to enable seagoing ships to circulate throughout the TEN-T core network by 1 January 2025. Member States shall cooperate with neighbouring Member States where necessary to ensure adequate coverage of the TEN-T core network. Member States shall designate in their national policy frameworks TEN-T core maritime ports that shall provide access to the refuelling points for renewable hydrogen and ammonia referred to in paragraph 1, also taking into consideration actual market needs and developments.
2022/01/25
Committee: ENVI
Amendment 654 #

2021/0223(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. As ofBy 1 January 2030 at the latest, Member States shall take the necessary measures to ensure that the electricity supplied pursuant to paragraph 1 comes from the electricity grid or is generated on site as renewable energy.
2022/01/25
Committee: ENVI
Amendment 670 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) an assessment of the current state and future development of grid capacity, including the needed measures and financing;
2022/01/25
Committee: ENVI
Amendment 675 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point d a (new)
(da) policies and measures related to the overall financing of the deployment of the infrastructure to ensure that the mandatory targets and objectives referred to in points (b) and (c) of this paragraph are reached, including the use of offtake agreements, associated economic operators if any;
2022/01/25
Committee: ENVI
Amendment 685 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point k
(k) measures to remove possible obstacles with regards to planning, permitting and procuring of alternative fuels infrastructure; in particular, the final authorisation decision for installation of a publicly accessible charger shall take no longer than six months from the date of submission of the request for authorisation and the request procedure shall be fully digitalised;
2022/01/25
Committee: ENVI
Amendment 687 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point k
(k) measures to remove possible obstacles with regards to planning, permitting and procuring of alternative fuels infrastructure and measures to limit the latency between initial application and actual deployment to no longer than 6 months;
2022/01/25
Committee: ENVI
Amendment 698 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
(pa) measures to ensure grid connection and power capacity take into account the number of charging pools which can be expected in the future following the increasing fleet penetration of EVs
2022/01/25
Committee: ENVI
Amendment 718 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 5
5. Support measures for alternative fuels infrastructure shall be aligned to climate objectives to avoid creating stranded assets and comply with the relevant State aid rules of the TFEU.
2022/01/25
Committee: ENVI
Amendment 729 #

2021/0223(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Each Member State shall submit to the Commission a standalone progress report on the implementation of its national policy framework for the first time by 1 January 20275 and every two years thereafter.
2022/01/25
Committee: ENVI
Amendment 733 #

2021/0223(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The regulatory authority of a 3. Member States shall assess, at the latest by 30 June 2024 and periodically every threewo years thereafter, how the deployment and operation of recharging points could enable electric vehicles to further contribute to the flexibility of the energy system, including their participation in the balancing market, and to the further absorption of renewable electricity. That assessment shall take into account all types of recharging points, whether public or private, and provide recommendations in terms of type, supporting technology and geographical distribution in order to facilitate the ability of users to integrate their electric vehicles in the system. It shall be made publicly available. On the basis of the results of the assessment, Member States shall, if necessary, take the appropriate measures for the deployment of additional recharging points and include them in their progress report referred to in paragraph 1. The assessment and measures shall be taken into account by the system operators in the network development plans referred to in Article 32(3) and Article 51 of Directive (EU) 2019/944.
2022/01/25
Committee: ENVI
Amendment 52 #

2021/0218(COD)

Proposal for a directive
Recital 2
(2) Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss and contributes to improvements in air quality and human health.
2022/02/15
Committee: ENVI
Amendment 58 #

2021/0218(COD)

Proposal for a directive
Recital 3
(3) Directive (EU) 2018/2001 of the European Parliament and of the Council9 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to 405% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target10 . Therefore, the target set out in Article 3 of that Directive needs to be increased. _________________ 9Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209 10 Point 3 of the Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate- neutral future for the benefit of our people
2022/02/15
Committee: ENVI
Amendment 62 #

2021/0218(COD)

Proposal for a directive
Recital 3 a (new)
(3a) At COP26, the Commission together with global leaders committed to halt and reverse forest loss and land degradation by 2030, elevating the global ambition level for the preservation and recovery of global forests, and for an accelerated transition to zero emissions transportation.
2022/02/15
Committee: ENVI
Amendment 80 #

2021/0218(COD)

Proposal for a directive
Recital 5
(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to processand guidance to process more efficiently and cost-effectively a growing number of permitting applications in a timely matter.
2022/02/15
Committee: ENVI
Amendment 82 #

2021/0218(COD)

Proposal for a directive
Recital 5 a (new)
(5a) The Commission should present guidelines to help Member States bringing down administrative barriers, in particular with a view to simplify and accelerate permitting procedures for renewable energy projects, including Key Performance Indicators (KPIs) to assess their progress. The simplification of administrative permit granting processes and sufficient digital and human resources of authorities are essential to accelerate the deployment of renewables and thus achieve the objectives laid down in this Directive.
2022/02/15
Committee: ENVI
Amendment 83 #

2021/0218(COD)

Proposal for a directive
Recital 5 a (new)
(5a) The future EU's economic governance framework should encourage Member States to implement the reforms necessary to accelerate the green transition, and enabling investments in needed technologies.
2022/02/15
Committee: ENVI
Amendment 100 #

2021/0218(COD)

Proposal for a directive
Recital 16
(16) In order for flexibility and balancing services from the aggregation of distributed storage assets to be developed in a competitive manner, real-time access to basic battery information such as state of health, state of charge, capacity and power set point should be provided under non- discriminatory terms and free of charge to the owners or users of the batteries and the entities acting on their behalf, such as building energy system managers, mobility service providers and other electricity market participants such as electric vehicle users. It is therefore appropriate to introduce measures addressing the need of access to such data for facilitating the integration-related operations of domestic batteries and electric vehicles, complementing the provisions on access to battery data related to facilitating the repurposing of batteries in [the proposed Commission regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020]. The provisions on access to battery data of electric vehicles should apply in addition to any laid down in Union law on type approval of vehicles.
2022/02/15
Committee: ENVI
Amendment 190 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 37
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018L2001&from=EN)(aa) point (37) is deleted; Or. en
2022/02/15
Committee: ENVI
Amendment 253 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2018/2001
Article 3 – paragraph 1
“1. Member States shall collectively ensure that the share of energy from renewable sources in the Union’s gross final consumption of energy in 2030 is at least 405%.;”
2022/02/15
Committee: ENVI
Amendment 359 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
(37) ‘low indirect land-use change-risk biofuels, bioliquids and biomass fuels’ means biofuels, bioliquids and biomass fuels, the feedstock of which was produced within schemes which avoid displacement effects of food and feed-crop based biofuels, bioliquids and biomass fuels through improved agricultural practices as well as through the cultivation of crops on areas which were previously not used for cultivation of crops, and which were produced in accordance with the sustainability criteria for biofuels, bioliquids and biomass fuels laid down in Article 29; 1a) point 37 is deleted " " Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=uriserv:OJ.L_.2018.328.01.0082.01.ENG)
2022/03/17
Committee: ITRE
Amendment 649 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point i a (new)
Directive (EU) 2018/2001
Article 29 – paragraph 1 – subparagraph 1 a (new)
(ia) in paragraph 1, the following subparagraph 1a is inserted: “Energy from solid biomass fuels shall not be taken into account for the purposes referred to in point (c) of this subparagraph if these are derived from primary forest biomass as defined in Article 2 of this Directive”;
2022/02/17
Committee: ENVI
Amendment 1046 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b a (new)
(ba) in paragraph 2, the second subparagraph is replaced by the following: "By 1 July 2023, that limit shall gradually decrease to 0 %.";
2022/03/17
Committee: ITRE
Amendment 1047 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b b (new)
(bb) The fifth subparagraph is deleted and replaced as follows: By 1 July 2022, the Commission shall submit to the European Parliament and to the Council an update of the report on the status of worldwide production expansion of the relevant food and feed crops. This update must include the most recent data from the last two years with regards to deforestation, particularly in South America, and must address other high risk commodities in the category of high indirect land use change risk feedstocks (in particular soy and their by-products). By 1 September 2023, the Commission shall review the criteria laid down in the delegated act referred to in the fourth subparagraph based on the best available scientific data and shall adopt delegated acts in accordance with Article 35 to amend such criteria, where appropriate, and to include a trajectory to gradually decrease the contribution to the Union target set in Article 3(1) and to the minimum share referred to in the first subparagraph of Article 25(1), of high indirect land-use change-risk biofuels, bioliquids and biomass fuels produced from feedstock for which a significant expansion of the production into land with high-carbon stock is observed. There shall be a provision within the delegated act that the threshold in Article 3(b) Regulation 2019/807 shall be amended so that the maximum share of the average annual expansion of the global production area in high carbon stocks is 5%.
2022/03/17
Committee: ITRE
Amendment 223 #

2021/0214(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) Installations under the EUETS facing a rising carbon price need long- term visibility, predictability and legal certainty to make their investment decisions. A clear pathway for the phase in of the remaining sectors and subsectors at risk of carbon leakage should therefore be established. This will strengthen the new legal framework to fight carbon leakage, provide the necessary time to ensure a smooth implementation of the CBAM and allow installations and companies to make the necessary investments in the decarbonisation of industrial processes in a stable and predictable legal context.
2022/02/15
Committee: ENVI
Amendment 228 #

2021/0214(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) Any provisions to maintain free allocations for exports should be compatible with the WTO rules, and in particular must have a clear environmental design, be used strictly to ensure a level-playing field on export markets and not be equivalent to subsidy to exports of carbon-intensive products.
2022/02/15
Committee: ENVI
Amendment 295 #

2021/0214(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) With a view to ensuring the ecological transition in the outermost regions is accompanied by economic and social cohesion, an impact assessment should be carried out before the end of the transition period on the potential economic and social impacts specific to these regions. The Commission must ensure compliance with Article 349 TFEU and propose appropriate measures for the outermost regions in implementing the CBAM, in particular because of the specific customs and tax arrangements that apply to the outermost regions.
2022/02/15
Committee: ENVI
Amendment 333 #

2021/0214(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund rebranded as a Net- Zero Fund, so as to support inter alia innovation in low carbon technologies, and in upscaling relevant technologies in a way that contributes to mitigating climate change consistently with the objectives set out by Regulation (EU)2021/1119. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non-CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation.
2022/02/15
Committee: ENVI
Amendment 508 #

2021/0214(COD)

Proposal for a regulation
Recital 54 a (new)
(54a) The Commission should actively pursue the establishment of an international “Carbon club” for ensuring continuous exchange in good faith with the Union’s trade partners. This should be an open non-exclusive international forum, which could be located under an appropriate multilateral organisation such as the WTO or the relevant and open body of the OECD for instance. Its objective should be to allow for the comparison and coordination of carbon pricing measures as well as non-carbon pricing measures with an impact on emission reduction. The Carbon club should also support the comparability of climate measures by ensuring the quality of climate monitoring, reporting and verification among its members. Membership of the club should be informal, open and on a voluntary basis for countries aiming at high climate ambition in line with the Paris Agreement. Given that the CBAM is a first-of-a-kind measure, which is meant to be a cooperative tool designed to fight carbon leakage, such a Carbon club will provide the means for engagement and transparency between the and its trade partners.
2022/02/15
Committee: ENVI
Amendment 573 #

2021/0214(COD)

Proposal for a regulation
Article 1 – paragraph 3 a (new)
3a. The CBAM helps meet Union objectives and international commitments, including in particular those under the Paris Agreement and the WTO.
2022/02/15
Committee: ENVI
Amendment 575 #

2021/0214(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to goods as listed in Annex I, originating in a third country, when those goods, or processed products from those goods as resulting from the inward processing procedure referred to in Article 256 of Regulation (EU) No 952/2013 of the European Parliament and of the Council53 , are imported into the customs territory of the Union. This Regulation also applies to downstream products that include goods listed in Annex I above a minimum threshold, subject to paragraph 2a of this Article, __________________ 53Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
2022/02/15
Committee: ENVI
Amendment 577 #

2021/0214(COD)

Proposal for a regulation
Article 2 – paragraph 1 a (new)
1a. By 30 June 2025, the Commission shall adopt a delegated act in accordance with Article 28 supplementing this Regulation by amending Annex I to establish a timeline for the gradual inclusion of all goods at risk of carbon leakage for which the production is covered in the EU ETS, starting from 1 January 2026 and ending on 1 January 2030 at the latest, giving priority to the sectors most exposed to carbon leakage.
2022/02/15
Committee: ENVI
Amendment 581 #

2021/0214(COD)

Proposal for a regulation
Article 2 – paragraph 2 a (new)
2a. The Commission shall by 31 July 2024 adopt a delegated act in accordance with Article 28 to establish a methodology for identifying downstream products covered by this Regulation, including establishing a minimum threshold for the amount of the concerned goods in the product.
2022/02/15
Committee: ENVI
Amendment 587 #

2021/0214(COD)

Proposal for a regulation
Article 2 – paragraph 3 a (new)
3a. By way of derogation from paragraphs 1 and 2, the Commission shall be empowered to adopt implementing acts to adapt, if necessary, the conditions for implementing the CBAM in those regions on the basis of Article 349 TFEU.
2022/02/15
Committee: ENVI
Amendment 672 #

2021/0214(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
(28a) ‘downstream products' means products manufactured by using goods listed in Annex I .
2022/02/15
Committee: ENVI
Amendment 962 #

2021/0214(COD)

Proposal for a regulation
Article 24 a (new)
Article 24a Engagement with Least Developed Countries The Union shall enhance its support to least developed countries’ efforts toward decarbonisation of their industries impacted by the CBAM by reinforcing climate spending through the relevant instruments in the Union budget. The financial support shall be additional and shall be equivalent in financial value to the revenues generated by the sale of CBAM certificates stemming from least developed countries , and shall not be a simple reallocation of existing budgetary lines.
2022/02/15
Committee: ENVI
Amendment 1199 #

2021/0214(COD)

Proposal for a regulation
Article 31 – paragraph 1 a (new)
1a. No free allocation shall be given in relation to the production within the Union of products listed in Annex I as from the date of application of the CBAM, as provided in Article 36(3). By way of derogation from the previous subparagraph, for the first years of operation of Regulation [CBAM], the production of these products shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of these products shall be applied (CBAM factor) The CBAM factor shall be equal to 100 %for the period from 1 January 2023 until 31 December 2024, 90% in 2025, 80% in 2026, 70 % in 2027, 50 % in 2028, 25% in 2029 and reach 0 % in 2030. The CBAM factor for products included in this Regulation in accordance with the timeline set out under Article 1(2a) (new) shall be reduced by 10 percentage points each year for the first 3 years, 20 percentage points the following and then 25 percentage points in the last 2 years to reach 0% after 6 years. The reduction of free allocation shall be calculated annually as the average share of the demand for free allocation for the production of products listed in Annex I compared to the calculated total free allocation demand for all installations, for the relevant period referred to in Article 11(1) of Directive 2003/87/EC, and the CBAM factor shall be applied.
2022/03/16
Committee: ENVI
Amendment 1208 #

2021/0214(COD)

Proposal for a regulation
Article 31 – paragraph 2 a (new)
2a. An installation covered by Directive 2003/87/EC belonging to the 10% most efficient installations as laid down in Article 10a of that Directive shall, upon request, receive an amount of free allocations corresponding to the emissions resulting from the quantity of goods it exports which are covered by this Regulation, taking into account the emissions embedded in a similar product in the third country pursuant to Articles 7, 8 and 9 of this Regulation. The rules for transitional free allocation under Articles 10a and 10b of Directive 2003/87/EC shall apply to the allocation.
2022/03/16
Committee: ENVI
Amendment 1214 #

2021/0214(COD)

Proposal for a regulation
Article 31 – paragraph 2 b (new)
2b. The Commission shall adopt before the end of the transition period a delegated act in accordance with Article 28 that establishes the arrangements for granting free allowances to the exported part of the production of an installations covered by this Regulation, in particular the methodology for the calculation of the average embedded carbon content of the corresponding sector within a third country. The average embedded carbon content of a third country sector shall be taken into account when establishing the amount of free allocations to be granted to the emissions resulting from the quantity of goods exported by an EU installation as referred in paragraph(2a) of this Article.
2022/03/16
Committee: ENVI
Amendment 236 #

2021/0211(COD)

Proposal for a directive
Recital 24 a (new)
(24a) The EU ETS should as much as possible avoid undue exemptions and distortive measures. Municipal waste incineration is an important source of greenhouse gas emissions and should be included under the EU ETS. The inclusion would encourage waste prevention and recycling and contribute to the economy-wide decarbonisation. Since recycling and regeneration activities are already covered by the EU ETS, the inclusion would reinforce incentives for sustainable management of waste in line with the waste hierarchy. It would complement other elements of EU waste legislation. Moreover, integrating waste incineration into the EU ETS would create a level playing field between the regions that have included municipal waste incineration under the scope, reducing the risk of tax competition between regions.
2022/02/22
Committee: ENVI
Amendment 255 #

2021/0211(COD)

(27a) The main method for allocating emission allowances in the EU ETS is auctioning. The EU ETS should therefore gradually move away from the transitional system of free allocations in order to ensure a market-based system respecting the polluter pays principle.
2022/02/22
Committee: ENVI
Amendment 306 #

2021/0211(COD)

Proposal for a directive
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 20254, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year5, 80 % in 2026, 70 % in 2027, 50 % in 2028, 25 % in 2029 and reach 0 % in 2030. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the InnovationNet-Zero Fund, so as to support inter alia innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change and the upscaling of relevant technologies in a way that contributes to mitigating climate change consistently with the objectives set out in Regulation (EU) 2021/1119. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non-CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
2022/02/22
Committee: ENVI
Amendment 340 #

2021/0211(COD)

Proposal for a directive
Recital 32 a (new)
(32a) In order to achieve climate neutrality by 2050 at the latest as laid down in Regulation (EU) 2021/1119, the EU needs to close a significant investment gap as provided in the Communication 'Strategy for Financing the Transition to a Sustainable Economy'1a. To reach our decarbonisation objective, breakthrough innovation, upscaling of already existing relevant technologies and certified natural carbon removals are needed. To support the in-depth and economy-wide decarbonation in the EU all these three pillars should be addressed by the Innovation Fund, which should be renamed as the Net-Zero fund. _________________ 1aCOM(2021)390 final, Communication 'Strategy for Financing the Transition to a Sustainable Economy'
2022/02/22
Committee: ENVI
Amendment 348 #

2021/0211(COD)

Proposal for a directive
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support both innovation projects and measures that implement and scale up innovative technologies that contribute significantly to decarbonisation in line with the Union´s climate targets. To reflect this, the Fund should be renamed "Net-Zero Fund". The Fund should support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the InnovationNet-Zero Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the InnovationNet-Zero Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the InnovationNet-Zero Fund. _________________ 52[add ref to the FuelEU Maritime Regulation].
2022/02/22
Committee: ENVI
Amendment 368 #

2021/0211(COD)

Proposal for a directive
Recital 37 a (new)
(37a) It is the nature of the EU ETS that auctioning of allowances is the default allocation method, with transitional free allocation in place as a protection against the risk of carbon leakage. Free allocation of emission allowances to prevent carbon leakage should be targeted on those sectors genuinely exposed to such risks while maintaining appropriate protection against carbon leakage also in sectors outside the CBAM. The carbon leakage list should therefore be revised to reflect the different levels of exposure to carbon leakage risks. Furthermore, to provide incentives for decarbonisation and recognise emissions reductions, installations whose emissions are below the relevant benchmark values should be exempted from the cross-sectoral correction factor, in case such factor is applied.
2022/02/22
Committee: ENVI
Amendment 377 #

2021/0211(COD)

Proposal for a directive
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119, and eliminating the support to any investments related to fossil fuels. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 8100 %; energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
2022/02/22
Committee: ENVI
Amendment 636 #

2021/0211(COD)

Proposal for a directive
Recital 67 a (new)
(67a) In line with Regulation (EU) 2021/1119, highest priority should be given to direct emissions reductions, which will have to be complemented by increased CO2 removals in order to achieve climate neutrality. Therefore, a future revision of the EU ETS and of the overall EU climate policy framework should also analyse how negative emissions could be included in emissions trading, including a clear scope and strict criteria and safeguards to ensure that such removals are not merely offsetting necessary emissions reductions but are genuine and permanent.
2022/02/24
Committee: ENVI
Amendment 638 #

2021/0211(COD)

Proposal for a directive
Recital 67 b (new)
(67b) The success of the European carbon market is critical from a global perspective, as it will encourage more countries to introduce market driven carbon pricing. The Carbon Border Adjustment Mechanism will extend carbon pricing to imported products sold on the EU market, but the EU should at the same time engage in international cooperation for the introduction of carbon pricing mechanisms. The Commission should further analyse how linkages with other carbon markets could be established while ensuring the achievement of the EU´s own economy-wide climate target. The Commission should actively pursue the establishment of an international “Carbon club” for ensuring continuous exchange in good faith with the EU’s trade partners. Its objective should be to allow for the comparison and coordination of carbon pricing measures as well as non-carbon pricing measures with an impact on emission reduction. The Carbon club should also support the comparability of climate measures by ensuring the quality of climate monitoring, reporting and verification among its members. Membership of the club should be informal, open and on a voluntary basis for countries aiming at high climate ambition in line with the Paris Agreement.
2022/02/24
Committee: ENVI
Amendment 639 #

2021/0211(COD)

Proposal for a directive
Recital 67 c (new)
(67c) In addition to effective carbon pricing based on a well-function emission trading system, market transparency is of key importance for enabling swift and cost-efficient emissions reductions in all sectors of the economy. To allow consumers and all actors along the supply chain to make informed choices concerning the emission embedded in products, a European system for robust carbon footprint labelling of products should be developed.
2022/02/24
Committee: ENVI
Amendment 784 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 3h – paragraph 1 a (new)
From [the year of entry into force of this amendment], the provisions of this Chapter shall apply to greenhouse gas emissions permits in respect of municipal waste incineration installations. The obligation to surrender allowances in respect of emissions from these installations shall apply to emissions from the year 2025 onwards.
2022/02/24
Committee: ENVI
Amendment 861 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point d
(ba) in paragraph 3, first subparagraph, point (d) is replaced by the following: "(d) forestry and soil sequestration in the Union; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
2022/02/28
Committee: ENVI
Amendment 885 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 - subparagraph 1– point h b (new)
(hb) nature restoration of forests and other marine or land based ecosystems, including financing for the creation of nature conservation areas;
2022/02/28
Committee: ENVI
Amendment 919 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2a a (new)
By January 2025, all economic operators covered by this Directive shall establish industrial decarbonization plans. These plans shall be carried out at company level and detail measures and related investments for each installation owned by the company. The plans shall be consistent with the objective to achieve carbon neutrality by 2050 at the latest as laid down in Regulation (EU) 2021/1119. Economic operators shall provide evidence of the coherence between the plans and any sectoral roadmaps prepared in accordance with Article 10 of Regulation (EU) 2021/1119. The industrial decarbonization plan shall include: (a) targets and milestones set by the operator to reach, at company level, the necessary emissions reductions to achieve the objectives laid down in Regulation (EU) 2021/1119; (b) measures and related financial and investments plans for each installation owned by the company, in particular identifying installations that will be replaced by new low-carbon technologies, modernised, retrofitted or closed; (c) an explanation of how the measures and related investments referred to in point c will altogether reduce greenhouse gas emissions in order to reach the targets and milestones referred to in point (a); (d) a description of the progress made towards achieving these targets. The attainment of the targets and milestones referred to in point (a) of the previous subparagraph shall be verified by 31 December 2025 and by 31 December of each year thereafter, in accordance with the verification and accreditation procedures provided for in Article 15. If the targets and milestones set in accordance to point (a) are not achieved : (a) The installations that are amongst the 10 % least efficient installations in a sector or subsector in the Union shall no longer receive free allocation; (b) For installations that are more efficient than the 10 % least efficient installations but worse than the 60 % most efficient installations in a sector or subsector in the Union, free allowances shall be reduced by 50 %; (c) For installations falling outside of the two categories described above, free allocations shall be reduced by 25 %. Any allowances that are not allocated due to a reduction of free allocation in accordance with the rules laid down above shall be transferred in the Net Zero Fund.
2022/02/28
Committee: ENVI
Amendment 977 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and, improving energy efficiency and promote innovative decarbonised products, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks.;y ... [6 months of the entry into force of this Directive] in view of modifying and broadening the scope of the definitions and system boundaries of existing product benchmarks ensuring that, depending on the benchmark, free allocation for the production of a product is independent of the feedstock or the type of production process, accounts for the circular use potential of materials, and avoids that installations with partially or fully decarbonised processes producing products with similar or equal characteristics as conventional installations in the benchmark are excluded from or cannot participate in the benchmarks.
2022/03/04
Committee: ENVI
Amendment 1043 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a - paragraph 1a - subparagraph 2
By way of derogation from the previous subparagraph, for the first years of operation of Regulation [CBAM], the production of these products shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of these products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period duringfrom the entry into force of [CBAM regulation] and the end ofuntil 31 December 2024, 90 % in 2025, 980 % in 2026 and shall be reduced by 10 percentage points each year to reach 0 % by the tenth year, 70 % in 2027, 50 % in 2028, 25 % in 2029 and reach 0 % in 2030.
2022/03/04
Committee: ENVI
Amendment 1065 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 – paragraph 1a – subparagraph 4
Allowances resulting from the reduction of free allocation shall be made available to support innovation and to scale up zero- and low-carbon technologies contributing significantly to climate neutrality in the Union in accordance with Article 10a(8).;
2022/03/04
Committee: ENVI
Amendment 1118 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point iii a (new)
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 6
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)(iiia) the sixth subparagraph is deleted. Or. en
2022/03/04
Committee: ENVI
Amendment 1122 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d a (new)
Directive 2003/87/EC
Article 10a – paragraph 5
(da) paragraph 5 is replaced by the following: "5. In order to respect the auctioning share set out in Article 10, for every year in which the sum of free allocations does not reach the maximum amount that respects the auctioning share, the remaining allowances up to that amount shall be used to prevent or limit reduction of free allocations to respect the auctioning share in later years. Where, nonetheless, the maximum amount is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform manner. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)However, installations whose greenhouse gas emission levels are below the average of the 10 % most efficient installations in a sector or subsector in the Union in the years 2021 and 2022 for the relevant product benchmarks shall be exempted from the adjustment." Or. en
2022/03/04
Committee: ENVI
Amendment 1178 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 2
In addition, 50 million unallocated allowances from the market stability reserve shall supplement any remaining revenues from the 300 million allowances available in the period from 2013 to 2020 under Commission Decision 2010/670/EU(*), and shall be used in a timely manner for innovation and decarbonisation support as referred to in the first subparagraph. Furthermore, the external assigned revenues referred to in Article 21(2) of Regulation (EU) [FuelEU Maritime] shall be allocated to the InnovationOcean Fund as part of the Net-Zero Fund and implemented in line with this paragraph.
2022/03/01
Committee: ENVI
Amendment 1197 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3 a (new)
The Net Zero Fund shall also support innovative projects that can achieve significant natural carbon removals certified through the carbon farming scheme and that are compliant with the objectives laid down in Regulation (EU) 2018/841.
2022/03/01
Committee: ENVI
Amendment 1200 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 4
Projects in the territory of all Member States, including small-scale projects, shall be eligible. Technologies receiving support shall be innovative and not yet commercially viable at a similar scale without support but shall represent breakthrough solutions or be sufficiently mature for application at pre-commercial scale, and/or contribute significantly to the objective of climate neutrality and could not be deployed at large scale without support.
2022/03/01
Committee: ENVI
Amendment 1208 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 5
The Commission shall ensure that the allowances destined for the InnovationNet-Zero Fund are auctioned in accordance with the principles and modalities laid down in Article 10(4). Proceeds from the auctioning shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation. Budgetary commitments for actions extending over more than one financial year may be broken down over several years into annual instalments.
2022/03/01
Committee: ENVI
Amendment 1209 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 5 a (new)
The Commission shall identify the investment needs based on the industrial decarbonisation plans submitted by economic operators covered by this Directive pursuant to Article 10a, and design the calls for tender accordingly.
2022/03/01
Committee: ENVI
Amendment 1211 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 6
Projects shall be selected on the basis of objective and transparent criteria, taking into account the extent to which projects provide a significant contribution to the Union´s climate targets, and, where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a low-carbonclimate neutral economy in the sectors concerned. Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported. Projects whose reduction in emissions benefit the decarbonisation of other actors in nearby geographical areas, such as the construction of relevant energy infrastructures, shall have a preferential treatment in the criteria used for the selection of projects.
2022/03/01
Committee: ENVI
Amendment 1217 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 7
The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning rules on the operation of the InnovationNet-Zero Fund, including the selection procedure and criteria, and the eligible sectors and technological requirements for the different types of support. The Commission shall aim for a timetable that frontloads the support from the Fund to the beginning of the period.
2022/03/01
Committee: ENVI
Amendment 1219 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 7 a (new)
The Commission shall present every 2 years to the European Parliament and the Council a report outlining the consistency of the projects funded through the Net- Zero fund and the objective of climate neutrality set out in Regulation (EU) 2021/1119, the progress achieved towards the deployment of the investments described in the industrial decarbonization plans, and its action plan for the next 2-years period.
2022/03/01
Committee: ENVI
Amendment 1227 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 b (new)
Directive 2003/87/EC
Article 10b – paragraph 4
4. Other sectors and subsectors are considered to be able to pass on more of the costs of allowances in product prices, and shall be allocated allowances free of(12b) in Article 10b, paragraph 4 is replaced by the following: "4. Sectors and subsectors with a charge at 30 % of the quantity determined pursuant to Article 10a. Unless otherwise decided in the review pursuant to Article 30,free allocations to other sectors and subsectors, except district heating, shall decrease by equal amounts after 2026 so as to reach a level of no free allocation in 2030. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)bon leakage indicator as referred to in paragraph 1 below 0,2 shall be deemed to be at insignificant risk of carbon leakage and shall not be allocated allowances free of charge." Or. en
2022/03/01
Committee: ENVI
Amendment 1230 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2003/87/EC
Article 10c
(13) in Article 10c, paragraph 7 is replaced by the following: “Member States shall require benefiting electricity generating installations and network operators to report, by 28 February of each year, on the implementation of their selected investments, including the balance of free allocation and investment expenditure incurred and the types of investments supported. Member States shall report on this to the Commission, and the Commission shall make such reports public.” is deleted;
2022/03/01
Committee: ENVI
Amendment 1256 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – introductory part
2. At least 8100 % of the financial resources from the Modernisation Fund shall be used to support investments in the following:
2022/03/01
Committee: ENVI
Amendment 1401 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 c (new)
Directive 2003/87/EC
Article 30 – paragraph 3
(19c) In Article 30, paragraph 3 is replaced by the following: "The Commission shall report to the European Parliament and to the Council in the context of each global stocktake agreed under the Paris Agreement, in particular with regard to the need for additional Union policies and measures in view of necessary greenhouse gas reductions by the Union and its Member States, including in relation to the linear factor referred to in Article 9. The Commission may make proposals to the European Parliament and to the Council to amend this Directive where appropriate. The proposals shall ensure compliance with Union climate targets as laid down in Regulation (EU) 2021/1119, and shall represent progression over time and reflect the highest possible ambition, in line with the Paris Agreement." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32003L0087)
2022/03/01
Committee: ENVI
Amendment 1417 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IV a – title
EMISSIONS TRADING SYSTEM FOR BUILDINGS AND ROAD TRANSPORTCOMMERCIAL BUILDINGS
2022/03/01
Committee: ENVI
Amendment 1423 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 a – paragraph 1
The provisions of this Chapter shall apply to emissions, greenhouse gas emission permits, issue and surrender of allowances, monitoring, reporting and verification in respect of the commercial buildings activityies referred to in Annex III. This Chapter shall not apply to any emissions covered by Chapters II, IIa and III. By 1 January 2027, the Commission shall present a report to the European Parliament and the Council assessing the potential extension of the emission trading system for commercial buildings laid down in Chapter IVa of this Directive to emissions from road transport and residential buildings. This report shall include a detailed analysis and quantification of the additional greenhouse gas emissions reduction that could be achieved through this extension as well as of the associated social impacts. Based on the results of this study, the Commission shall determine whether to propose a targeted review of this Directive to extend the emission trading system to road transport and residential buildings.
2022/03/01
Committee: ENVI
Amendment 1432 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 b – paragraph 1
1. Member States shall ensure that, from 1 January 20254, no regulated entity carries out the activity referred to in Annex III unless that regulated entity holds a permit issued by a competent authority in accordance with paragraphs 2 and 3.
2022/03/01
Committee: ENVI
Amendment 1434 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 b – paragraph 2 – point b
(b) the type of fuels it releases for consumption and which are used for combustion in the buildings and road transport sectorfor commercial buildings as defined in Annex III and the means through which it releases those fuels for consumption;
2022/03/01
Committee: ENVI
Amendment 1436 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 b – paragraph 4 – point g
(g) a description of the means by which the regulated entity releases the fuels for consumption in the commercial buildings sectors covered by this Chapter;
2022/03/01
Committee: ENVI
Amendment 1440 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 c – paragraph 1
1. The Union-wide quantity of allowances issued under this Chapter each year from 20265 shall decrease in a linear manner beginning in 2024. The 2024 value shall be defined as the 2024 emissions limits, calculated on the basis of the reference emissions under Article 4(2) of Regulation (EU) 2018/842 of the European Parliament and of the Council(*) for the commercial buildings sectors covered by this Chapter and applying the linear reduction trajectory for all emissions within the scope of that Regulation. The quantity shall decrease each year after 2024 by a linear reduction factor of 5,15 %. By 1 January 2024, the Commission shall publish the Union-wide quantity of allowances for the year 20265.
2022/03/01
Committee: ENVI
Amendment 1452 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 1
1. From 20265, allowances covered by this Chapter shall be auctioned, unless they are placed in the Market Stability Reserve established by Decision (EU) 2015/1814. The allowances covered by this Chapter shall be auctioned separately from the allowances covered by Chapters II, IIa and III.
2022/03/01
Committee: ENVI
Amendment 1455 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 2 – subparagraph 1
The auctioning of the allowances under this Chapter shall start in 20265 with a volume corresponding to 130 % of the auction volumes for 20265 established on the basis of the Union-wide quantity of allowances for that year and the respective auction shares and volumes pursuant to paragraph 3, 5 and 6. The additional volumes to be auctioned shall only be used for surrendering allowances pursuant to Article 30e(2) and be deducted from the auction volumes for the period from 2028 to 2030. The conditions for these early auctions shall be set in accordance with paragraph 7 and Article 10(4).
2022/03/01
Committee: ENVI
Amendment 1456 #

2021/0211(COD)

In 20265, 600 million allowances covered by this Chapter are created as holdings in the Market Stability Reserve pursuant to Article 1a(3) of Decision (EU) 2015/1814.
2022/03/01
Committee: ENVI
Amendment 1483 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 e – paragraph 2
2. From 1 January 20276, Member States shall ensure that, by 30 April each year, the regulated entity surrenders a number of allowances covered by this Chapter, that is equal to the total emissions, corresponding to the quantity of fuels released for consumption pursuant to Annex III, during the preceding calendar year as verified in accordance with Articles 15 and 30f, and that those allowances are subsequently cancelled.
2022/03/02
Committee: ENVI
Amendment 1487 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 f – paragraph 2
2. Member States shall ensure that each regulated entity monitors for each calendar year as from 20254 the emissions corresponding to the quantities of fuels released for consumption pursuant to Annex III. They shall also ensure that each regulated entity reports these emissions to the competent authority in the following year, starting in 20265, in accordance with the acts referred to in Article 14(1).
2022/03/02
Committee: ENVI
Amendment 1490 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 f – paragraph 2 a (new)
2a. Member States shall ensure that each regulated entities differentiate for each calendar year as from 2024 the emissions corresponding to the quantities of fuels released for the commercial buildings sector pursuant to Annex III.
2022/03/02
Committee: ENVI
Amendment 1493 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
3. Member States shall ensure that each regulated entity holding a permit in accordance with Article 30b on 1 January 20254 report their historical emissions for year 20243 by 30 March 20254.
2022/03/02
Committee: ENVI
Amendment 1650 #

2021/0211(COD)

Proposal for a directive
Annex I – paragraph 1 – point a a (new)
Directive 2003/87/EC
Annex I – point 5
(aa) point 5 is replaced by the following: "5. When the capacity threshold of any activity in this Annex is found to be exceeded in an installation, all units in which fuels are combusted, other than units for the incineration of hazardous or municipal waste, shall be included in the greenhouse gas emission permit. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)” Or. en
2022/03/02
Committee: ENVI
Amendment 1653 #

2021/0211(COD)

Proposal for a directive
Annex I – paragraph 1 – point b – point -i (new)
Directive 2003/87/EC
Annex I – table – row 1 – column 1
(-i) in the first row, the first column is replaced by the following: "Combustion of fuels in installations with a total rated thermal input exceeding 20 MW (except in installations for the incineration of hazardous or municipal waste) (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)waste)” Or. en
2022/03/02
Committee: ENVI
Amendment 1680 #

2021/0211(COD)

Proposal for a directive
Annex I – point 2
Directive 2003/87/EC
Annex III
Activity: 1. Release for consumption of fuels which are used for combustion in the sectors of buildings and road transport. This activity shall not include: (a) the release for consumption of fuels used in the activities set out in Annex I to this Directive, except if used for combustion in the activities of transport of greenhouse gases for geological storage (activity row twenty seven); (b) the release for consumption of fuels for which the emission factor is zero. 2. The sectors of buildings and road transportcommercial buildings shall correspond to the following sources of emissions, defined in 2006 IPCC Guidelines for National Greenhouse Gas Inventories, with the necessary modifications to those definitions as follows: (a) Combined Heat and Power Generation (CHP) (source category code 1A1a ii) and Heat Plants (source category code 1A1a iii), insofar as they produce heat for categoriesy under (c) and (d) of this point, either directly or through district heating networks; (b) category code 1A3b), excluding the use of agricultural vehicles on paved roads;Road transportation (source (cb) Commercial / Institutional (source category code 1A4a); (d) 1A4b).Residential (source category code
2022/03/02
Committee: ENVI
Amendment 1681 #

2021/0211(COD)

Proposal for a directive
Annex I – point 2
Directive 2003/87/EC
Annex III
“ANNEX III ACTIVITY COVERED BY CHAPTER IVa Activity: Greenhouse gases 1. Release for consumption of fuels which are used for combustion Carbon dioxide (CO2) in the sectors of buildings and road transport. This activity shall not include: (a) the release for consumption of fuels used in the activities set out in Annex I to this Directive, except if used for combustion in the activities of transport of greenhouse gases for geological storage (activity row twenty seven); (b) the release for consumption of fuels for which the emission factor is zero. 2. The sectors of buildings and road transport shall correspond to the following sources of emissions, defined in 2006 IPCC Guidelines for National Greenhouse Gas Inventories, with the necessary modifications to those definitions as follows: (a) Combined Heat and Power Generation (CHP) (source category code 1A1a ii) and Heat Plants (source category code 1A1a iii), insofar as they produce heat for categories under (c) and (d) of this point, either directly or through district heating networks; (b) Road transportation (source category code 1A3b), excluding the use of agricultural vehicles on paved roads; (c) Commercial / Institutional (source category code 1A4a); (d) Residential (source category code 1A4b).
2022/03/02
Committee: ENVI
Amendment 154 #

2021/0207(COD)

Proposal for a directive
Recital 25
(25) Special consideration should be given to promoting accessibility for the outermost regions of the Union. Therefore, a derogation from the EU ETS should be provided for emissions from flights betweenfrom and to an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State.
2022/02/18
Committee: ENVI
Amendment 189 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 7
7. By way of derogation from Articles 12(2a), 14(3) and Article 16, Member States shall consider the requirements set out in those provisions to be satisfied and shall take no action against aircraft operators in respect of emissions taking place until 2030 from flights betweenfrom and to an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State outside that outermost regwithin the meaning of Article 349 of the Treaty on the Functioning of the European Union.’;
2022/02/16
Committee: ENVI
Amendment 94 #

2021/0206(COD)

Proposal for a regulation
Recital 6
(6) The Porto Declaration of 8 May 2021 reaffirmed the European Council’s pledge to work towards a social Europe ensuring a fair transition, and its determination to continue deepening the concrete implementation of the European Pillar of Social Rights at EU and national level, with due regard for respective competences and the principles of subsidiarity and proportionality.
2022/02/23
Committee: EMPLENVI
Amendment 132 #

2021/0206(COD)

Proposal for a regulation
Recital 10
(10) The increase in the price for fossil fuels may disproportionally affect vulnerable households, vulnerable micro- enterprises and vulnerable transport users who spend a larger part of their incomes on energy and transport, who, in certain regions, including in rural, insular, mountainous, remote and less accessible areas or for less developed regions or territories, including the outermost regions and less developed peri-urban areas, do not have access to alternative, affordable mobility and transport solutions and who may lack the financial capacity to invest into the reduction of fossil fuel consumption.
2022/02/23
Committee: EMPLENVI
Amendment 163 #

2021/0206(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) Mobility poverty has no clear Union-level or national definitions are available. However, the problem is becoming more pressing to address as a result of the increasing phase-out requirements for combustion engine vehicles, high fuel prices, or high dependencies on transport availability, accessibility and costs to go to work or for daily mobility needs due to living in rural, insular, outermost regions, mountainous, remote and less accessible areas or for less developed regions or territories, including less developed peri-urban areas.
2022/02/23
Committee: EMPLENVI
Amendment 210 #

2021/0206(COD)

Proposal for a regulation
Recital 14
(14) For that purpose, each Member State should prepare together with the relevant stakeholders listed in Article 8.1 of Regulation (EU) 2021/1060 such as the social partners, regional and local authorities and submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should contribute to the implementation of the principles of the European Pillar of Social Rights and the achievement of the United Nations Sustainable Development Goals while ensuring that no one is left behind as well as pursue two objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterprises and vulnerable transport users the necessary resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low-emission vehicles and mobility. Secondly, they should mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transport poverty during the transition period until such investments have been implemented. The Plans should have an investment component promoting the long-term solution of reduce fossil fuels reliance and could envisage other measures, including temporary direct income support to mitigate adverse income effects in the shorter term.
2022/02/23
Committee: EMPLENVI
Amendment 218 #

2021/0206(COD)

Proposal for a regulation
Recital 14 a (new)
(14a) Particular attention needs to be paid to tenants in the private rental market. Those tenants include vulnerable households in energy poverty and lower middle-income ones, that are significantly affected by the price impacts of increased heating costs or by higher rental prices following renovation, but are not in a position to renovate the building they occupy. As part of their Social Climate Plans, Member States should therefore develop, in consultation with landlords, specific measures and investments to support vulnerable tenants on the private rental market in order to make renovation measures and contribute to the Union’s climate targets.
2022/02/23
Committee: EMPLENVI
Amendment 230 #

2021/0206(COD)

Proposal for a regulation
Recital 15
(15) Member States, in consultation with the stakeholders listed in Article 8.1 of Regulation (EU) 2021/1060 (CPR) such as social partners, local and regional level authorities, are best placed to design and to implement Plans that are adapted and targeted to their local, regional and national circumstances as their existing policies in the relevant areas and planned use of other relevant EU funds. In that manner, the broad diversity of situations, the specific knowledge of local and regional governments, research and innovation and industrial relations and social dialogue structures, as well as national traditions, can best be respected and contribute to the effectiveness and efficiency of the overall support to the vulnerable.
2022/02/23
Committee: EMPLENVI
Amendment 259 #

2021/0206(COD)

Proposal for a regulation
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporary measure accompanying the decarbonisation of the housing and transport sectors. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should omainly concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directive. Eligibility fSuch direct income support should decrease in time as the investments in energy efficiency, in building renovation and in zero- and low-emission mobility and transport should have paid off. Such direct income support should be limited in timeto 40% of the total estimated costs of the Plans for the period 2024-2027 and should be limited to 30% for the period 2028-2032.
2022/02/23
Committee: EMPLENVI
Amendment 278 #

2021/0206(COD)

Proposal for a regulation
Recital 18
(18) Taking into account the importance of tackling climate change in line with Paris Agreement commitments, the commitment to the European Pillar of Social Rights and the commitment to the United Nations Sustainable Development Goals, the actions under this Regulation should contribute to the achievement of the target that 30% of all expenditure under the 2021- 2027 multiannual financial framework should be spent on mainstreaming climate objectives and should contribute to the ambition of providing 10% of annual spending to biodiversity objectives in 2026 and 2027, while considering the existing overlaps between climate and biodiversity goals. For this purpose, the methodology set out in Annex II of Regulation (EU) 2021/1060 of the European Parliament and of the Council33 should be used to tag the expenditures of the Fund. The Fund should support activities that fully respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council34 . Only such measures and investments should be included in the Plans. Direct income support measures should as a rule be considered as having an insignificant foreseeable impact on environmental objectives, and as such be considered compliant with the principle of ‘do no significant harm’. The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The guidance will explain how the measures and investments must comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852. The Commission intends to present in 2021 a proposal for a Council Recommendation on how to address the social aspects of the green transition. _________________ 33 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159). 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
2022/02/23
Committee: EMPLENVI
Amendment 299 #

2021/0206(COD)

Proposal for a regulation
Recital 20
(20) Member States should submit their Plans together with the update of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council35 , after the consultation with stakeholders listed in Article 8.1 of Regulation (EU) 2021/1060 such as social partners, local and regional level authorities. The Plans should include the measures to be financed, their estimated costs and the national contribution. They should also include key milestones and targets to assess the effective implementation of the measures. _________________ 35 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
2022/02/23
Committee: EMPLENVI
Amendment 335 #

2021/0206(COD)

Proposal for a regulation
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341 , Member States should make those revenues available to the Union budget as own resources. Member States are to finance 50% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. Moreover, the financial envelope should be reinforced by using additional revenues from a higher carbon price generated by the extension of the scope of Directive 2003/87/EC to buildings and road transport. In the event of a higher carbon price, additional revenues should automatically finance the Fund. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
2022/02/23
Committee: EMPLENVI
Amendment 342 #

2021/0206(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) To ensure that financial support provided by the Fund can reach vulnerable households, vulnerable micro- enterprises, vulnerable transport users in the initial years of the entry into force of the Fund, Member States, upon a request submitted together with the Social Climate Plan, can receive an amount of up to 13% of their financial allocation in the form of pre-financing within two months after the adoption by the Commission of the legal commitments;
2022/02/23
Committee: EMPLENVI
Amendment 363 #

2021/0206(COD)

Proposal for a regulation
Recital 27
(27) In order to facilitate the preparation of the Social Climate Plan and to ensure transparent rules for monitoring and evaluation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of setting out the template based on which Member States shall prepare their Social Climate Plans and the common indicators for reporting on the progress and for the purpose of monitoring and evaluation of the implementation of the Plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
2022/02/23
Committee: EMPLENVI
Amendment 368 #

2021/0206(COD)

Proposal for a regulation
Recital 28
(28) The implementation of the Fund should be carried out in line with the principle of sound financial management, including the protection of the Union budget in the case of breaches of the principles of the rule of law, the effective prevention and prosecution of fraud, tax fraud, tax evasion, corruption and conflicts of interest.
2022/02/23
Committee: EMPLENVI
Amendment 395 #

2021/0206(COD)

Proposal for a regulation
Article 1 – paragraph 3
The measures and investments supported by the Fund shall benefit households, micro-enterprises and transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC, especially households in energy poverty and citizens without public transport alternative to individual cars (in remote and rural areas)in mobility poverty.
2022/02/23
Committee: EMPLENVI
Amendment 413 #

2021/0206(COD)

Proposal for a regulation
Article 1 – paragraph 4
The general objective of the Fund is to contribute to thea socially fair transition towards climate neutrality notably by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC. The specific objective of the Fund is to support vulnerable households, vulnerable micro- enterprises and vulnerable transport users through temporary direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport with the objective to gradually phase out fossil fuels dependence.
2022/02/23
Committee: EMPLENVI
Amendment 444 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) ‘energy poverty’ means energy povertya household’s lack of access to essential energy services that underpin a decent standard of living and health, including adequate warmth, cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policies as defined in point [(49)] of Article 2 of Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council50 ; _________________ 50 [Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council (OJ C […], […], p. […]).] [Proposal for recast of Directive 2012/27/EU on energy efficiency]
2022/02/23
Committee: EMPLENVI
Amendment 447 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
(2a) ‘mobility poverty’ means households that have a disproportionate share of mobility expenditure to their disposable income or a limited availability of affordable public or alternative modes of transport required to meet essential socio-economic needs, with a particular focus on households in rural, insular, outermost regions, mountainous, remote and less accessible areas or less developed regions or territories, including less developed (peri-)urban areas, caused by one or a combination of factors: high fuel prices, the phase-out of internal combustion engine cars, high costs for the replacement of internal combustion engine cars with zero-emission cars, high- costs or lack of availability of adequate, affordable public or alternative modes of transport;
2022/02/23
Committee: EMPLENVI
Amendment 468 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 11
(11) ‘vulnerable households’ means households in energy poverty or households, including lower middle- income onehouseholds, that are significantly affected by the transition towards climate neutrality, especially the price impacts of the incluextension of buildings into the scope of Directive 2003/87/EC to buildings and road transport and lack the means to renovate the building they occupy;
2022/02/23
Committee: EMPLENVI
Amendment 479 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable micro-enterprises’ means micro-enterprises that are significantly affected by the transition towards climate neutrality, especially the price impacts of the incluextension of buildings into the scope of Directive 2003/87/EC to buildings and road transport and lack the means to renovate the building they occupy or to purchase zero- and low-emission vehicles;
2022/02/23
Committee: EMPLENVI
Amendment 500 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13
(13) ‘vulnerable transport users’ means transport users, including from lower middle-income households, that are significantly affected by the price impacts of the inclusion of road transport intotransition towards climate neutrality and at risk of mobility poverty, especially because of the price impacts of the extension of the scope of Directive 2003/87/EC to road transport and lack the means to purchase zero- and low- emission vehicles or to switch to alternative sustainable modes of transport, including public transport, particularly in rural and remote areas and outermost regions.
2022/02/23
Committee: EMPLENVI
Amendment 516 #

2021/0206(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Each Member State shall prepare, in consultation with the relevant stakeholders listed in Article 8, paragraph 1 of Regulation (EU) 2021/1060 such as social partners, local and regional authorities and submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures and investments to address the impact of the transition towards climate neutrality, especially energy and mobility poverty including the impact of carbon pricing on vulnerable households, vulnerable micro-enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union.
2022/02/23
Committee: EMPLENVI
Amendment 535 #

2021/0206(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary direct income support to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels and especially resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC.
2022/02/23
Committee: EMPLENVI
Amendment 581 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
(aa) detailed quantitative and qualitative information on energy and mobility poverty concerning the following: a mapping of vulnerable households, vulnerable micro-enterprises and vulnerable transport users identified at the start of the Plan, on the basis of the definition in Article 2;
2022/02/23
Committee: EMPLENVI
Amendment 599 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c
(c) an estimate of the likely effects of that increase in prices on households, and in particular on incidence of energy poverty and mobility poverty, on micro- enterprises and on transport users, comprising in particular an estimate and the identification of vulnerable households, vulnerable micro- enterprises and vulnerable transport users; these impacts are to be analysed with a sufficient level of regional disaggregation, taking into account elements such as access to public transport and basic services and identifying the areas mostly affected, particularly territories which are remote such as outermost regions and rural;
2022/02/23
Committee: EMPLENVI
Amendment 602 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
(ca) indicative national targets and objectives to reduce the number of vulnerable households, vulnerable micro- enterprises and vulnerable transport users over the duration of the Plan, including an indicative timetable with intermediary targets and objectives;
2022/02/23
Committee: EMPLENVI
Amendment 609 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point d
(d) where the Plan provides for measures referred to in Article 3(2), the criteria for the identification of eligible final recipients, the indication of the envisaged time limit for the measures in question and their justification on the basis of a quantitative estimate and a qualitative explanation of how the measures in the Plan are expected to reduce energy and transportmobility poverty and the vulnerability of households, micro-enterprises and transport users to an increase of road transport and heating fuel prices;
2022/02/23
Committee: EMPLENVI
Amendment 632 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point i
(i) the arrangements for the effective monitoring and implementation of the Plan by the Member State concerned, to be undertaken in consultation with the relevant stakeholders listed in Article 8, paragraph 1 of Regulation (EU)2021/1060 such as social partners, local and regional authorities, in particular of the proposed milestones and targets, including indicators for the implementation of measures and investments, which, where relevant, shall be those available with the Statistical office of the European Union European Statistical Office and the European Energy Poverty Observatory as identified by Commission Recommendation 2020/156354 on energy poverty; _________________ 54 OJ L 357, 27.10.2020, p. 35.
2022/02/23
Committee: EMPLENVI
Amendment 645 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2a. The Commission shall be empowered to adopt, within three months after the entry into force of this Regulation, a delegated act in accordance with Article 25 to supplement this Regulation in order to set out a template based on which Member States shall prepare their Social Climate Plan.
2022/02/23
Committee: EMPLENVI
Amendment 675 #

2021/0206(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point e
(e) reductions in the number of vulnerable households, especially households in energy poverty and mobility poverty, of vulnerable micro-enterprises and of vulnerable transport users, including in rural and remote areas and outermost regions.
2022/02/23
Committee: EMPLENVI
Amendment 689 #

2021/0206(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. The Fund shall only support measures and investments consistent with the technical criteria established in the framework of Regulation (EU) 2020/852 and respecting the principle of ‘do no significant harm’ referred to in Article 17 of this Regulation (EU) 2020/852.
2022/02/23
Committee: EMPLENVI
Amendment 695 #

2021/0206(COD)

Proposal for a regulation
Article 5 – paragraph 3 a (new)
3a. The Fund shall only support micro-enterprises that respect applicable working conditions resulting from relevant national labour law or collective agreements.
2022/02/23
Committee: EMPLENVI
Amendment 711 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such support shall decrease over time and be limited to the direct impact of the emission trading for buildings and road transport. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d). Such direct income support shall be limited to 40% of the total estimated costs of the Plans for the period 2024-2027 and shall be limited to 30% for the period 2028-2032.
2022/02/23
Committee: EMPLENVI
Amendment 726 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) support building renovations, especially for those occupying worst- performing buildings, with a special attention to tenants, including in the form of financial support or fiscal incentives such as deductibility of renovation costs from the rent, independently of the ownership of the buildings concerned and support for renovation of social housing;
2022/02/23
Committee: EMPLENVI
Amendment 738 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) contribute to the decarbonisation, including the electrification, of heating and cooling of, and cooking in, buildings and the integration of energy from renewable sources that contribute to the achievements of energy savings including subsidies and zero-interest loans to invest in products and services to increase the energy efficiency of buildings and to integrate renewable energy sources in buildings;
2022/02/23
Committee: EMPLENVI
Amendment 782 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point f
(f) support public and private entities in developing and providing affordable zero- and low-emission mobility and transport services and the uptake of attractive active mobility options for rural, insular, mountainous, remote and less accessible areas, including the outermost regions or for less developed regions or territories, including less developed peri- urban areas.
2022/02/23
Committee: EMPLENVI
Amendment 819 #

2021/0206(COD)

Proposal for a regulation
Article 8 – paragraph 1
Member States may include into the estimated total costs financial support provided to public or private entities, strictly excluding financial intermediaries, other than vulnerable households, vulnerable micro-enterprises and vulnerable transport uses, if those entities carry out measures and investments ultimately benefitting vulnerable households, vulnerable micro- enterprises and vulnerable transport users. Such entities shall comply with the requirements on visibility set out in Article 22a.
2022/02/23
Committee: EMPLENVI
Amendment 845 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The financial envelope for the implementation of the Fund for the period 2028-2032 shall be EUR 48 500 000 000 in current prices, subject to the availability of the amounts under the annual ceilings of the applicable multiannual financial framework referred to in Article 312 TFEU.
2022/02/23
Committee: EMPLENVI
Amendment 851 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a. Each year, the programmed baseline allocation in the EU budget should be reinforced in case there is any increase of the carbon price, as this raise would create additional burden on the vulnerable households and microenterprises as well as vulnerable transport users. Such annual reinforcements should correspond to the carbon price increase and be accommodated within the MFF by means of an automatic ‘upward adjustment’ of the ceiling of Heading 3 and the payment ceiling, the mechanism for which is to be provided for in the MFF regulation according to Article 312 TFEU.
2022/02/23
Committee: EMPLENVI
Amendment 886 #

2021/0206(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Support under the Fund shall be additional to the support provided under other Union and national funds, programmes and instruments. Measures and investments supported under the Fund may receive support from other Union funds, programmes and instruments provided that such support does not cover the same cost.
2022/02/23
Committee: EMPLENVI
Amendment 898 #

2021/0206(COD)

Proposal for a regulation
Article 13 a (new)
Article 13 a Pre-financing 1. Upon request from a Member State submitted together with the Social Climate Plan, the Commission shall make a pre- financing payment of an amount of up to 13% of the financial contribution. By way of derogation from Article 116(1) of Regulation 2018/1046 (the Financial Regulation), the Commission shall make the corresponding payment within two months after the adoption of the legal commitment referred to in Article 18. 2. If a Member State requests pre- financing under paragraph 1 of this Article, the financial contribution shall be adjusted proportionally.
2022/02/23
Committee: EMPLENVI
Amendment 930 #

2021/0206(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
(i) whether the Plan represents a response to the social impact on and challenges faced by vulnerable households, vulnerable micro-enterprises and vulnerable transport users in the Member State concerned from establishthe transition towards climate neutrality, especially from extending the emission trading system forto buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, especially households in energy poverty and mobility poverty, duly taking into account the challenges identified in the assessments of the Commission of the update of the concerned Member State’s integrated national energy and climate plan and of its progress pursuant to Article 9(3), and Articles 13 and 29 of Regulation (EU) 2018/1999, as well as in the Commission recommendations to Member States issued pursuant to Article 34 of Regulation (EU) 2018/1999 in view of the long-term objective of climate neutrality in the Union by 2050. This shall take into account the specific challenges and the financial allocation of the Member State concerned;
2022/02/23
Committee: EMPLENVI
Amendment 939 #

2021/0206(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a – point ii
(ii) whether the Plan is expected to ensure that no measure or investment included in the Plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852; the Commission shall use the technical guidance1a issued under the Recovery and Resilience Facility Regulation to that effect; _________________ 1a Commission Notice C(2021) 1054 final "Technical guidance on the application of "do no significant harm" under the Recovery and Resilience Facility Regulation
2022/02/23
Committee: EMPLENVI
Amendment 940 #

2021/0206(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a – point ii a (new)
(iia) whether the Plan is expected to ensure that no measure or investment included in the Plan does benefit micro- enterprises that do not respect applicable working conditions resulting from relevant national labour law and collective agreements;
2022/02/23
Committee: EMPLENVI
Amendment 952 #

2021/0206(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b – point i
(i) whether the Plan is expected to have a lasting impact on the on the EU’s 2030 target, on climate neutrality and on the challenges addressed by that Plan and in particular on vulnerable households, vulnerable micro- enterprises and vulnerable transport users, especially households in energy poverty and mobility poverty, in the Member State concerned;
2022/02/23
Committee: EMPLENVI
Amendment 978 #

2021/0206(COD)

Proposal for a regulation
Article 16 – paragraph 1 – introductory part
1. On the basis of the assessment in accordance with Article 15, the Commission shall decide on the Plan of a Member State, by means of an implementing act, within sixthree months from the date of the submission of that Plan pursuant to Article 3(1) of this Regulation.
2022/02/23
Committee: EMPLENVI
Amendment 980 #

2021/0206(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point b
(b) the Union financial allocation allocated in accordance with Articles 13 and 13a of this Regulation to be paid in pre-financing and instalments once the Member State has satisfactorily fulfilled the relevant milestones and targets identified in relation to the implementation of the Plan, which shall be subject, for the period 2028-2032, to the availability of the amounts referred to in Article 9(2) of this Regulation under the annual ceilings of the multiannual financial framework referred to in Article 312 TFEU;
2022/02/23
Committee: EMPLENVI
Amendment 992 #

2021/0206(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. Where a Social Climate Plan, including relevant milestones and targets, is no longer achievable, either in whole or in part, by the Member State concerned because of objective circumstances, in particular because of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, the Member State concerned may, in consultation with the relevant stakeholders listed in Article 8, paragraph 1 of Regulation (EU) 2021/1060 such as social partners, local and regional authorities, submit to the Commission an amendment of its Plan to include the necessary and duly justified changes. Member States may request technical support for the preparation of such request.
2022/02/23
Committee: EMPLENVI
Amendment 1009 #

2021/0206(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. After the Commission has adopted a decision as referred to in Article 16, it shall in due time conclude an agreement with the Member State concerned constituting an individual legal commitment within the meaning of Regulation (EU, Euratom) 2018/1046 covering the period 20254-2027. That agreement may be concluded at the earliest one year before the year of the start of the auctions under Chapter IVa of Directive 2003/87/EC.
2022/02/23
Committee: EMPLENVI
Amendment 1028 #

2021/0206(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. In implementing the Fund, the Member States, as beneficiaries of funds under the Fund, shall take all the appropriate measures to protect the financial interests of the Union and to ensure that the use of funds in relation to measures and investments supported by the Fund complies with the applicable Union and national law, in particular regarding the protection of the Union budget in the case of breaches of the principles of the rule of law, the prevention, detection and correction of fraud, corruption and conflicts of interests. To this effect, the Member States shall provide an effective and efficient internal control system as further detailed in Annex III and the recovery of amounts wrongly paid or incorrectly used. Member States may rely on their regular national budget management systems.
2022/02/23
Committee: EMPLENVI
Amendment 1030 #

2021/0206(COD)

Proposal for a regulation
Article 20 – paragraph 1 a (new)
1a. In implementing the Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 to ensure the protection of funds in relation to measures and investments supported by the Fund in the case of breaches of the principles of the rule of law in the Member States. The Commission shall provide, to that effect, an effective and efficient internal control system and the recovery of amounts wrongly paid or incorrectly used.
2022/02/23
Committee: EMPLENVI
Amendment 1047 #

2021/0206(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The recipients of Union funding shall acknowledge the origin of those funds and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.deleted
2022/02/23
Committee: EMPLENVI
Amendment 1051 #

2021/0206(COD)

Proposal for a regulation
Article 22 a (new)
Article 22 a Visibility of Union funding 1. Each Member State and each intermediary entities benefiting from support under Article 8 shall ensure: (a) the visibility for final beneficiaries of Union support in all activities relating to operations supported by the Fund including by displaying the emblem of the Union and an appropriate funding statement that reads “funded by the European Union - Social Climate Fund” on documents and communication material; (b) communication to Union citizens of the role and achievements of the Fund through a single EU website portal in all official Member States languages, providing access to all programmes involving that Member State; (c) a short description of the operation, proportionate to the level of support, including its aims and results, and highlighting the financial support from the Union to be provided on their official website and social media sites, where such sites exist; (c) the display for operations involving physical investment or equipment durable plaques or billboards clearly visible to the final beneficiaries and the public, that present the emblem of the Union, as soon as the physical implementation of operations involving physical investment starts or purchased equipment is installed; (d) communication for operations involving financial instruments, including for temporary direct income support in accordance with Article 6(1), the amount of support from the Fund to the final recipients.
2022/02/23
Committee: EMPLENVI
Amendment 1054 #

2021/0206(COD)

Proposal for a regulation
Article 23 – paragraph 1 – introductory part
1. Each Member State concerned shall, on a biennial basis, and in consultation with the relevant stakeholders listed in Article 8, paragraph 1 of Regulation (EU) 2021/1060 such as social partners, local and regional authorities, report to the Commission on the implementation of its Plan as part of its integrated national energy and climate progress report pursuant to Article 17 of Regulation (EU) 2018/1999 and in accordance with Article 28 thereof. The Member States concerned shall include in their progress report:
2022/02/23
Committee: EMPLENVI
Amendment 1058 #
2022/02/23
Committee: EMPLENVI
Amendment 1063 #

2021/0206(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point b
(b) when applicable, detailed information on progress towards the national indicative targets and objectives to reduce the number of households in energand micro-enterprises in energy poverty and mobility poverty;
2022/02/23
Committee: EMPLENVI
Amendment 1088 #

2021/0206(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. By 1 July 20287, the Commission shall provide the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions with an evaluation report on the implementation and functioning of the Fund.
2022/02/23
Committee: EMPLENVI
Amendment 1103 #

2021/0206(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(2a) and 23(4) shall be conferred on the Commission for an indeterminate period of time.
2022/02/23
Committee: EMPLENVI
Amendment 325 #

2021/0205(COD)

Proposal for a regulation
Article 14 – paragraph 1
By 1 January 2028 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the deployment of sustainable aviation fuels that includes: (a) the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include(b) a detailed analysis and quantification of the sourcing of sustainable aviation fuel feedstock to achieve the objectives laid down in Annex I of this Regulation. It shall be based on an impact assessment of Union feedstock availability taking into account sustainable harvesting limits and on existing other uses of those materials. (c) information, on the uptake of the use of sustainable aviation fuels in Union neighbouring countries and globally. (d) information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level.
2022/02/25
Committee: ENVI
Amendment 325 #

2021/0205(COD)

Proposal for a regulation
Article 14 – paragraph 1
By 1 January 2028 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the deployment of sustainable aviation fuels that includes: (a) the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include(b) a detailed analysis and quantification of the sourcing of sustainable aviation fuel feedstock to achieve the objectives laid down in Annex I of this Regulation. It shall be based on an impact assessment of Union feedstock availability taking into account sustainable harvesting limits and on existing other uses of those materials. (c) information, on the uptake of the use of sustainable aviation fuels in Union neighbouring countries and globally. (d) information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level.
2022/02/25
Committee: ENVI
Amendment 132 #

2021/0203(COD)

Proposal for a directive
Recital 11
(11) This Directive takes a step forward towards climate neutrality by 2050 , under which energy efficiency is to be treated as an energy source in its own right. The energy efficiency first principle is an overarching principle that should be taken into account across all sectors, going beyond the energy system, at all levels, including in the financial sector. Energy efficiency solutions should be considered as the first option in policy, planning and investment decisions, when setting new rules for the supply side and other policy areas, providing that they lead to a reduction of GHG emissions per unit of final energy consumption. While the energy efficiency first principle should be applied without prejudice to other legal obligations, objectives and principles, they should also not hamper its application or exempt from applying the principle. The Commission should ensure that energy efficiency and demand-side response can compete on equal terms with generation capacity. Energy efficiency improvements need to be made whenever they are more cost- effective than equivalent supply-side solutions. That should help exploit the multiple benefits of energy efficiency for the Union, in particular for citizens and businesses. Implementing energy efficiency improvement measures should also be a priority in alleviating energy poverty.
2022/03/11
Committee: ENVI
Amendment 355 #

2021/0203(COD)

Proposal for a directive
Article 3 – paragraph 3 – point a a (new)
(aa) demonstrate that energy efficiency measures and solutions taken following the energy efficiency first principle lead to GHG gas emissions reduction per unit of consumption;
2022/03/11
Committee: ENVI
Amendment 461 #

2021/0203(COD)

Proposal for a directive
Article 6 – paragraph 3 a (new)
3a. Members States shall report about the measures to remove possible obstacles, including regulatory obstacles, either at national, regional or local levels, that are not aligned with the renovation rate referred to in paragraph 1 and disclose how they are going to address them.
2022/03/11
Committee: ENVI
Amendment 463 #

2021/0203(COD)

Proposal for a directive
Article 6 – paragraph 3 b (new)
3b. Member States shall report about policies and measures related to the overall financing of the renovations works to ensure that the mandatory targets and objectives referred to in this Article are reached. The reporting obligation shall cover the use of offtake agreements and the participation of associated economic operators, if any.
2022/03/11
Committee: ENVI
Amendment 54 #

2021/0202(COD)

Proposal for a decision
Recital 14
(14) The analysis carried out in the context of the reserve’s review and the expected developments relevant to the carbon market demonstrate that a rate of 12 % of the total number of allowances in circulation to be placed in the reserve each year after 2023 is insufficient to prevent a significant increase of the surplus of allowances in the EU ETS. Therefore, after 2023 the percentage figure should continue to be at least 24 %, and the minimum number of allowances to be placed in the reserve should also continue to be at least 200 million.
2022/01/20
Committee: ENVI
Amendment 61 #

2021/0202(COD)

Proposal for a decision
Recital 15
(15) If the rate of the total number of allowances in circulation to be placed in the reserve each year reverts to 12 % after 2023, a potentially harmful surplus of allowances in the EU ETS may disturb market stability. In addition, the rate of 24 % after 2023 should be established separately from the general review of Directive 2003/87/EC and Decision (EU) 2015/1814 to strengthen the EU Emissions Trading System in line with the Union’s increased climate ambition for 2030 to ensure market predictability. its timely entry into force and thereby provide market predictability by eliminating the risk that the rate falls back below 24 %. This is without prejudice to further revisions of the reserve, including if appropriate of the rate of allowances to be placed in the reserve, as part of the general revision of Directive 2003/87/EC and Decision (EU) 2015/1814 taking place in 2022.
2022/01/20
Committee: ENVI
Amendment 80 #

2021/0201(COD)

Proposal for a regulation
Citation 5 a (new)
having regard to the Special Report on the Ocean and Cryosphere in a Changing Climate from the Intergovernmental Panel on Climate Change established the oceans play a fundamental role in absorbing and redistributing natural and anthropogenic carbon dioxide (CO2) and heat, as well in supporting ecosystems;
2022/02/08
Committee: ENVI
Amendment 129 #

2021/0201(COD)

Proposal for a regulation
Recital 5
(5) In order to contribute to the increased ambition to reduce greenhouse gas net emissions from at least 40 % to at least 55 % below 1990 levels, binding annual targets for net greenhouse gas removals should be set out for each Member State in the land use, land use change and forestry sector in the period from 2026 to 2030 (in analogy to the annual emission allocations set out in Regulation (EU) 2018/842 of the European Parliament and of the Council32 ), resulting in a target of 310 millions of tonnes CO2 equivalent of net removals for the Union as a whole in 2030. The Union target will be further enhanced by the activities and achievements within the EU Sustainable Carbon Cycles initiative33a and national carbon farming schemes, which should aim at delivering of at least 50 million additional tonnes of CO2 equivalent of net removals by 2030. The methodology used to establish the national targets for 2030 should take into account the average greenhouse gas emissions and removals from the years 2016, 2017 and 2018, reported by each Member State, and reflect the current mitigation performance of the land use, land use change and forestry sector, and each Member State’s share of the managed land area in the Union, taking into account the capacity of that Member State to improve its performance in the sector via land management practices or changes in land use that benefit the climate and biodiversity. __________________ 32Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26). 33a COM(2021) 800 final
2022/02/08
Committee: ENVI
Amendment 301 #

2021/0201(COD)

Proposal for a regulation
Recital 17 a (new)
(17a) Coastal wetlands have a specific interest for Union biodiversity as well as for the outermost regions and ecosystems concerned by the Union's external action, and can trigger important greenhouse gas emission reduction as the so-called "blue carbon" ecosystems, i.e. mangroves, sea- grass and macro-algae, grasslands and saltmarshes are strong natural carbon sinks. The forthcoming legislation stemming from the Communication on Sustainable Carbon Cycles should therefore provide a clear legal framework for the enhancement of the sinks of coastal wetlands, rewarding further action thanks to the mobilisation of high climate and environment quality credits on secondary carbon market, and by including these marine and coastal ecosystems in integrated management structures to optimise the allocation of funds for regeneration.
2022/02/08
Committee: ENVI
Amendment 304 #

2021/0201(COD)

Proposal for a regulation
Recital 17 b (new)
(17b) A Polluters pays principle should apply to land sector, including non CO2 emissions from agriculture, that would bolster the rewarding of agriculture performance in achieving the objectives of the Farm to Fork and Biodiversity Strategies and avoid that offsetting practices from food industry companies delivers few result within the Union; the Sustainable Food System Legislation should lay the ground for such a system;
2022/02/08
Committee: ENVI
Amendment 337 #

2021/0201(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/841
Article 1 – paragraph 1 – point e
(e) commitments of Member States to take the necessary measures aiming towards the collective achievement of climate-neutrality in the Union by 2035 in the land use, land use change and forestry sector including emissions by the non-CO2 agriculture.’; by 2026, the Commission shall explore options, and if relevant make a legislative proposal, to set a polluter pays system for land and agriculture similar to the EU ETS for industries; this system will have to be consistent with the forthcoming Sustainable Food System Legislation;”
2022/02/08
Committee: ENVI
Amendment 373 #

2021/0201(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 – paragraph 3 a (new)
3a. In order to properly report on the emissions from wetlands requested by this regulation and as mentioned in point 2(d), the Commission shall by 31 July 2025: (a) develop a cartography of Union coastal wetlands and a methodology to quantify the potential and state of marine and coastal ecosystems, including mangroves, sea grass beds, salt marshes and macro-algae forests, to increase their carbon absorption capacities, quantify the cost of their restoration and propose separate sub-target for 2030 beyond the Union 310Mt target. (b) adopt an harmonised definition of coastal wetlands among Member States in line with the2013 Supplement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories: Wetlands.
2022/02/08
Committee: ENVI
Amendment 383 #

2021/0201(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 2 – subparagraph 1
2. The 2030 Union target for net greenhouse gas removals is 310 million tonnes CO2 equivalent as a sum of the Member States targets established in accordance with paragraph 3 of this Article, and. Carbon farming activities shall not be counted in the target of 310 Mt. It shall be based on the average of its greenhouse gas inventory data for the years 2016, 2017 and 2018, and will be further amplified by the EU Sustainable Carbon Cycles initiative and national carbon farming schemes, delivering at least 50 million additional tonnes CO2 equivalent of net removals by 2030.
2022/02/08
Committee: ENVI
Amendment 683 #

2021/0201(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
Regulation (EU) 2018/841
Article 3 – paragraph 1 – point 6 a (new)
none (2a) in Article 3 the following point 6a is inserted: "6a. ‘wetlands’ means any kind of already existing wetlands on the Union territory including coastal wetlands such as seagrass beds, mangroves, salt marshes, macro-algae forests. Or. en (Directive 2016/0230 - article 2 (definitions))
2022/02/08
Committee: ENVI
Amendment 134 #

2021/0197(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) To achieve the necessary transition, it is essential to set up accompanying measures targeting the most affected actors in the automotive value chain across the EU, focusing on small and medium sized suppliers. To accompany the implementation of the updated CO2emissions reduction targets, a dedicated transition fund for the automotive sector should be created to help mitigate the negative effects on employment and local economies
2022/02/02
Committee: ENVI
Amendment 144 #

2021/0197(COD)

Proposal for a regulation
Recital 12
(12) The updated New Industrial Strategy26 foresees the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In this context, a transition pathway should be developed for the mobility ecosystem to accompany the transition of the automotive value chain. The pathway should take particular heed of SMEs in the automotive supply chain, of the consultation of social partners including by Member States, and also build on the European Skills Agenda with initiatives like the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions. The appropriate actions and incentives at European and national level to boost the affordability of zero emission vehicles should also be addressed in the pathway. The progress made on this comprehensive transition pathway for the mobility ecosystem should be monitored every two years as part of a progress report to be submitted by the Commission, looking inter alia at the progress in the deployment of zero- emission vehicles, their price developments, deployment of alternative fuels development and infrastructure roll- out as required under the Alternative Fuels Infrastructure Regulation, the potential of innovative technologies to reach climate neutral mobility, international competitiveness, investments in the automotive value chain, up-skilling and re- skilling of workers and reconversion of activities. The progress report will also build on the two-year progress reports that Member States submit under the Alternative Fuels Infrastructure Regulation. The Commission should consult social partners in the preparation of the progress report, including the results in the social dialogue. Innovations in the automotive supply chain are continuing. Innovative technologies such as the production of electro-fuels with air capture, if further developed, could offer prospects for affordable climate neutral mobility. The Commission should therefore keep track of progress in the state of innovation in the sector as part of its progress report. Vehicle procurement rules are an important lever to accompany the transition pathway and can complement manufacturer’s emissions reduction efforts. In particular, the role that procurement of vehicles used for corporate fleets can play should be addressed. Corporate fleets account for more than 60% of new vehicle sales in the EU annually. Setting electrification objectives for the corporate vehicle segment will help secure demand for electric vehicles and boost the second- hand electric vehicle market, which in turn will contribute to more affordable electromobility for every European citizen. In this regard, Member states should take all necessary measures to ensure that vehicles owned or leased by private companies are zero-emissions by2030. _________________ 26 Commission Communication - Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery, COM(2021) 350 final of 5 May 2021
2022/02/02
Committee: ENVI
Amendment 167 #

2021/0197(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) Whereas there are more than one billion fossil fuel vehicles globally, responsible for more than 30% of global CO2 emissions, the conversion of thermal vehicles to electric is a complementary solution to the offer of traditional manufacturers, making it possible to accelerate the ecological transition while relying on the circular economy;
2022/02/02
Committee: ENVI
Amendment 193 #

2021/0197(COD)

Proposal for a regulation
Recital 17
(17) The emission reduction effort required to achieve the EU fleet-wide targets is distributed amongst manufacturers by using a limit value curve based on the average mass of the EU fleet of new vehicles and of the manufacturer’s new vehicle fleet. While it is appropriate to maintain this mechanism, it is necessary to prevent that with the stricter EU fleet-wide targets, the specific emission target for a manufacturer would become negative. For that reason, it is necessary to clarify that where such a result occurs, the specific emission target should be set to 0 g CO2/km.deleted
2022/02/02
Committee: ENVI
Amendment 306 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point d a (new)
Regulation (EU) 2019/631
Article 1 — paragraph 7a (new)
(da) the following paragraph is added: "7a. In line with the principles established in Article 20 of the Treaty on European Union(TEU), a minimum of 9 EU Member States shall be able to apply the fleet-wide target as set out in paragraph 5a at an earlier date than mandated in this Regulation. The European Commission shall, by means of delegated acts, update Regulation (EU) 2018/858 to ensure such provisions are included, no later than 31 December 2024"
2022/02/02
Committee: ENVI
Amendment 313 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b a (new)
Regulation (EU) 2019/631
Article 3 – paragraph 1 – point b a (new)
(ba) the following point is inserted: '(ba) corporate vehicle' is a vehicle owned or leased by a private company, as defined under Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European Company and Council regulation 2008/0130 on the statute for a European private company, and used for business purposes.
2022/02/02
Committee: ENVI
Amendment 337 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2019/631
Article 4 – paragraph 3 a (new)
(4a) The following Article is added: "3a. Restriction of highly polluting passenger cars. As of 2030, manufacturers shall not be permitted to register any passenger car with specific emissions of CO2 above 123 g CO2/km."
2022/02/02
Committee: ENVI
Amendment 346 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2019/631
Article 8 a (new)
(5a) The following Article is inserted "Article 8a Creation of a dedicated fund for the most affected actors in the automotive value chain across the EU By [6months entry into force of this Regulation], the Commission shall set up a dedicated transition fund for the automotive sector to help mitigate the negative effects on employment and local economies. The fund shall provide financial support to the most affected actors in the automotive value chain across the EU, focusing on small and medium sized suppliers."
2022/02/02
Committee: ENVI
Amendment 382 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)
Regulation (EU) 2019/631
Article 14
(8a) Article 14 is amended as follows: (a) Paragraph 1 is amended as follows: (i) point c is deleted; (ii) point d is deleted. (b) Paragraph 2 is deleted.
2022/02/02
Committee: ENVI
Amendment 414 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) 2019/631
Article 14aa (new)
(9a) The following Article is inserted: ‘Article 14aa Additional measures to support the demand for zero-emission passenger cars and light-commercial vehicles in the Union market (1) Member states shall take measures to ensure that, by 2030,100% of renewed vehicles owned or leased by private companies are zero-emissions. In taking these measures, Member states shall establish a clear pathway towards reaching these objectives. (2) By [6 months entry into force of this Regulation], the Commission shall adopt a delegated act in accordance with Article 17 to set out the threshold levels for vehicles owned or leased by private companies subject to the obligations laid down in paragraph 1.The Commission shall further detail the requirements for Member states to report on their progress towards reaching their obligations under paragraph 1. (3) By 1 December 2025, the Commission shall put forward a progress report to the European Parliament and the Council to report on the progress achieved by Member states towards the obligations laid down in paragraph 1. Member states shall report on their obligations to the Commission accordingly on an annual basis. (4) Subject to the conclusions from the progress report laid down in paragraph 3, the Commission shall put forward a legislative proposal with additional measures to ensure a clear pathway towards the full electrification of all corporate fleets, in line with the increased EU fleet-wide targets set out in this Regulation. The Commission shall ensure that such additional measures support the demand for zero-emission passenger cars and light-commercial vehicles in the Union market.’
2022/02/02
Committee: ENVI
Amendment 417 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 b (new)
Regulation (EU) 2019/631
Article 14a b (new)
(9b) The following Article 14ab is inserted: Article 14ab - Additional measures to support the transition to zero-emission passenger cars and light-commercial vehicles in the Union market By [6 months entry into force of this Regulation], the Commission shall adopt a delegated act in accordance with Article 17 to harmonise the type-approval rules for vehicles with internal combustion engines converted to battery or fuel cell electric drive, in order to allow for series approval; The Commission shall also assess the introduction of a rule for calculating the CO2 equivalents of combustion engine vehicles converted to battery or fuel cell electric drive in the context of the application of the CAFE regulation;
2022/02/02
Committee: ENVI
Amendment 495 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point d a (new)
Regulation (EU) 2019/631
Annex I – Part A – point 6.2.1
(da) point 6.2.1 is amended as follows: Specific emissions reference targets for 2025 to 2026. The specific emissions reference target = EU fleet-wide target 2025 where: EU fleet-wide target2025is as determined in accordance with point 6.1.1;
2022/02/02
Committee: ENVI
Amendment 95 #

2021/0104(COD)

Proposal for a directive
Recital 37
(37) Sustainability reporting standards should be proportionate, and should not impose unnecessary administrative burden on companies that are required to use them. In order to minimise disruption for undertakings that already report sustainability information, sustainability reporting standards should take account of existing standards and frameworks for sustainability reporting and accounting where appropriate. Those include the Global Reporting Initiative, the Sustainability Accounting Standards Board, the International Integrated Reporting Council, the International Accounting Standards Board, the Task Force on Climate-related Financial Disclosures, the Carbon Disclosure Standards Board, and CDP (formerly the Carbon Disclosure Project). Standards of the European Union should take account of any sustainability reporting standards developed under the auspices of International Financial Reporting Standards Foundation. To avoid unnecessary regulatory fragmentation that may have negative consequences for undertakings operating globally, European standards should support and contribute to the process of convergence of sustainability reporting standards at global level.to develop standards by the International Sustainability Standards Board
2021/12/13
Committee: ENVI
Amendment 135 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Article 2 – paragraph 1 – point 20 a (new)
(20a) “climate neutrality” and “net- zero” should be read in accordance with the Article 2 of the Regulation (EU)2021/1119 (“European Climate Law”).
2021/12/13
Committee: ENVI
Amendment 139 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Article 2 – paragraph 1 – point 20 b (new)
(20b) A ‘high-impact sector’ is a sector that is associated, as a result of its size, business and value chain characteristics, including suppliers and sub-contractors, with a high likelihood of actual or potential severe impacts on sustainability matters.
2021/12/13
Committee: ENVI
Amendment 143 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Article 2 – paragraph 1 – point 20 c (new)
(20c) ‘Science-based target’ is a target defined on the basis of conclusive scientific environmental evidence and with independent scientific validation, that when achieved by the undertaking ensures that the undertaking’s impacts, as specified in Article 19a,will be aligned with the sustainability goals and criteria of the European Union for the specific environmental issue. In the specific case of climate change mitigation, this means a target enabling alignment of the undertaking’s impacts on climate change with the European Climate Law objectives and with a 1.5°C climate scenario with no or limited overshoot as defined by the IPCC.
2021/12/13
Committee: ENVI
Amendment 152 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – 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 medium-sized undertakings which are operating certain economic activities in high-impact 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.
2021/12/13
Committee: ENVI
Amendment 168 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 2 – subparagraph 1 – point a – subpoint iii
(iii) the plans of the undertaking to ensure that its business model and strategy are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement;including a transition plan with implementing actions and related financial and investment plans, to ensure that its business model and strategy are aligned with the intermediate objectives for 2030 and 2040 laid out in the European Climate Law - Regulation (EU) 2021/1119 and with the objective to achieve carbon neutrality by 2050 at the latest and compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement taking into account the entire value chain, including suppliers and sub-contractors; and where relevant the degree of exposure of the undertaking to sectors listed in Divisions 05, 06,09, 19, 35, 46.71, 73.1 of Annex I to Regulation (EC) No 1893/2006 insofar as they relate to coal, oil, gas-related activities.
2021/12/13
Committee: ENVI
Amendment 182 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 2 – subparagraph 1 – point b
(b) a description of the targets related to sustainability matters set by the undertakingime-bound short-term, mid-term and long-term targets set by the undertaking for the main impacts of its business model on sustainability matters, whether such targets are science-based and of the progress the undertaking has made towards achieving those targets;
2021/12/13
Committee: ENVI
Amendment 202 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 2 – subparagraph 1 – point g
(g) indicators relevant to the disclosures referred to in points (a) to (f) including performance indicators set out in the delegated act supplementing Article 8 of the Regulation (EU) 2020/852.
2021/12/13
Committee: ENVI
Amendment 206 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 2 – subparagraph 2 a (new)
For an undertaking that makes a voluntary and public pledge to align its business model, strategy and operations with the transition towards an economy compatible with the Paris Agreement, or to the objectives of the Union in terms of “climate neutrality” or " net-zero", the information referred to in Paragraph 2, Point (a) (iii) shall contain a detailed description of the following elements: (i) the undertaking’s use of a projected 1.5 degrees Celsius increase in global temperature when determining the transition pathway of the undertaking, and to assess the vulnerability to and the negative impacts on climate of the undertaking; (ii) short-term and mid-term targets based on the best scientific knowledge available, and on existing international initiatives, where relevant, including targets for at least the years 2030 and 2040; (iii) the strategy conceived by the undertaking to achieve the long term and the interim targets referred to in point (ii); (iv) periodic reports on the progress achieved towards the long term and the interim targets established by the strategy referred to in point (iii); (v) evidence of the coherence between the emission reduction strategy of the undertaking and the sectoral emission reduction pathways; when publicly available pathways are not used, a robust explanation for why they are deemed inadequate for the purposes of the undertaking shall be provided; (vi) evidence of the consistency between the business and growth forecasts of the undertaking and the emission reduction strategy; (vii) the role and importance of offsets, natural and artificial sinks, carbon avoidance, capture and storage and carbon and usage technologies, if deemed necessary by the undertaking, to achieve the long- and interim targets set by the undertaking.
2021/12/13
Committee: ENVI
Amendment 235 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 1 – subparagraph 1 – introductory part
The Commission shall adopt delegated acts in accordance with Article 49 to provide for sustainability reporting standards. European standards should contribute to the process to develop standards by the International Sustainability Standards Board. Those sustainability reporting standards shall specify the information that undertakings are to report in accordance with Articles 19a and 29a and, where relevant, shall specify the structure in which that information shall be reported. In particular:
2021/12/13
Committee: ENVI
Amendment 245 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 1
The sustainability reporting standards referred to in paragraph 1 shall require that the information to be reported is understandable, relevant, representative, verifiable, comparable, and is represented in a faithful manner. They shall therefore integrate disclosures on both risks and opportunities related to sustainability, be comprehensive by taking into account the entire scope of responsibility regarding the value chain of the company, including suppliers and sub-contractors, provide both quantitative and qualitative information, apply a sector-specific approach, and provide information with time and sector comparison.
2021/12/13
Committee: ENVI
Amendment 257 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 2 – point a – point iv
(iv) resource use and circular economythe transition to a circular economy, including resource use;
2021/12/13
Committee: ENVI
Amendment 290 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19c – paragraph 1 a (new)
The Commission shall be empowered to adopt delegated acts in accordance with Article 49 to establish and amend a list of high-impact sectors as defined in Article 1, paragraph 2, point 1. That list shall take into account the work of the Platform on Sustainable Finance established in accordance with Article 20 of Regulation(EU) 2020/852 and the OECD Due Diligence Guidance for Responsible Business Conduct, including for mining, extractive industries, agriculture, clothing and footwear, finance and international shipping. The list of sectors taken into account in this definition shall take account of correspondence with the NACE classification1a.
2021/12/13
Committee: ENVI
Amendment 299 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – subparagraph 1 – point a – point iii
(iii) the plans of the group including a transition plan with implementing actions and related financial and investment plans, to ensure that ithe group’s business model and strategy compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement; aligned with the intermediate objectives for 2030 and 2040 laid out in the European Climate Law - Regulation (EU) 2021/1119 and with the objective to achieve carbon neutrality by 2050 at the latest and compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement taking into account the entire value chain; and where relevant the degree of exposure of the undertaking to sectors listed in Divisions 05, 06,09,19, 35, 46.71, 73.1 of Annex I to Regulation (EC) No 1893/2006 insofar as they relate to coal, oil, gas-related activities.
2021/12/13
Committee: ENVI
Amendment 308 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – subparagraph 1 – point b
(b) a description of the targets related to sustainability matters set by the groupime-bound short-term, mid-term and long-term targets set by the group for the main impacts of its business model on sustainability matters, whether such targets are science-based and of the progress of the undertaking has made towards achieving them;ose targets
2021/12/13
Committee: ENVI
Amendment 317 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – subparagraph 1 – point g
(g) indicators relevant to the relevant to the disclosures referred to in points (a) to (f). including performance indicators set out in the delegated act supplementing Article 8 of the Regulation (EU) 2020/852.
2021/12/13
Committee: ENVI
Amendment 320 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – subparagraph 3 a (new)
For a parent undertaking that publicly pledges to align its business model, strategy and operations to a transition towards an economy compatible with the Paris Agreement, or to the objective of the Union’s “climate neutrality” or " net- zero", the information referred to in Paragraph 2, Point (a) (iii) shall contain a detailed description of the following elements: (i) the climate scenario of 1.5 degrees Celsius used to assess the vulnerability to and the negative impacts on climate of the group, and to calculate its transition pathway; when publicly available scenarios are not used, a robust justification for why they are deemed not adequate shall be provided; (ii) short-term and mid-term targets based on the best scientific knowledge available, and on existing international initiatives, where relevant, including for at least the years 2030 and 2040; (iii) the strategy conceived by the group to achieve the long term and the interim targets defined in point (ii); (iv) periodic reports on the progress achieved towards the long term and the interim targets; (v) evidence of the coherence between the emission reduction strategy of the group and the sectoral emission reduction pathways; when publicly available pathways are not used, a robust justification for why they are deemed not adequate shall be provided; (vi) the relevance and the role of offsets, natural and artificial sinks, carbon avoidance, capture and storage and carbon and usage technologies, if deemed necessary by the undertaking, to achieve the long- and interim targets set by the group.
2021/12/13
Committee: ENVI
Amendment 9 #

2021/0055(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) In accordance with Article 18(7)(g) of Regulation (EU) 2017/625, the Commission is to adopt specific rules for the performance of official controls on criteria and conditions to determine, in relation to Pectinidae, marine gastropods and Holothuroidea, when production and relaying areas are not to be classified. Holothuroidea are a class of the phylum Echinoderms. Echinoderms are generally not filter feeder animals. Consequently, the risk of such animals accumulating micro-organisms related to faecal contamination is remote. In addition, no epidemiological information has been reported which could link public health risks to Echinoderms that are not filter feeders. For this reason, the possibility laid down in Article 18(7)(g)of Regulation (EU) 2017/625 to derogate from the requirement to classify the production and relaying areas should be extended to all echinoderms which are not filter feeders, for example those belonging to class Echinoidea, and not be limited to Holothureoidea. For the same reason, it should be clarified that the conditions for the classification and monitoring of classified production and relaying areas to be laid down by the Commission apply to live bivalve molluscs, echinoderms, tunicates and marine gastropods, except those marine gastropods and echinoderms that are not filter feeders. The terminology used in Article 18(6) to (8) of Regulation (EU) 2017/625 should be aligned accordingly.
2021/05/18
Committee: ENVI
Amendment 13 #

2021/0055(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
Regulation (EU) 2017/625
Article 18
(1a) Article 18 is amended as follows: (a) paragraph 6 is replaced by the following: “6. For the purposes of official controls referred to in paragraph 1 performed in relation to live bivalve molluscs, echinoderms, tunicates and marine gastropods, the competent authorities shall classify production and relaying areas.” (b ) in paragraph 7, point (g) is replaced by the following: “(g) criteria and conditions to determine, by way of derogation from paragraph 6, when production and relaying areas are not to be classified in relation to: (i) Pectinidae, and (ii) where they are not filter feeders: echinoderms, tunicates and marine gastropods;” (c) in paragraph 8, point (b) is replaced by the following: “(b) the conditions for the classification and monitoring of classified production and relaying areas for live bivalve molluscs, echinoderms, tunicates and marine gastropods;”
2021/05/18
Committee: ENVI
Amendment 18 #

2021/0055(COD)

Proposal for a regulation
Article 2 – paragraph 2
It shall apply from the date of its entry into force. However, point (1) of Article 1 shall apply from 28 January 2022.
2021/05/18
Committee: ENVI
Amendment 8 #

2020/2273(INI)

Motion for a resolution
Citation 2 a (new)
- having regard to Directive 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 (Marine Strategy Framework Directive)1a , _________________ 1a OJ L 164, 25.6.2008, p. 19–40,
2021/02/22
Committee: ENVI
Amendment 10 #

2020/2273(INI)

Motion for a resolution
Citation 10 a (new)
- having regard to the report of FOREST EUROPE of 17 December 2020on the State of Europe's Forests,
2021/02/22
Committee: ENVI
Amendment 11 #

2020/2273(INI)

Motion for a resolution
Citation 2 b (new)
- having regard to the IPCC special report Global Warming of 1.5°C and the IPCC special report The Ocean and Cryosphere in a Changing Climate;
2021/02/22
Committee: ENVI
Amendment 12 #

2020/2273(INI)

Motion for a resolution
Citation 2 c (new)
- having regard to the United Nations Convention on the Law of the Sea;
2021/02/22
Committee: ENVI
Amendment 24 #

2020/2273(INI)

Motion for a resolution
Citation 11 a (new)
- having regard to the European Court of Auditors special report entitled Marine environment: EU protection is wide but not Deep, published on 26 November 2020,
2021/02/22
Committee: ENVI
Amendment 35 #

2020/2273(INI)

Motion for a resolution
Citation 11 d (new)
- having regard to the Commission Communication of 26 February 2016 on an EU Action Plan against Wildlife Trafficking(COM/2016/087);
2021/02/22
Committee: ENVI
Amendment 44 #

2020/2273(INI)

Motion for a resolution
Citation 11 c (new)
- having regard to the JRC Science for policy report of 13 October 2020 entitled Mapping and Assessment of Ecosystems and their Services: An EU ecosystem assessment, published,
2021/02/22
Committee: ENVI
Amendment 55 #

2020/2273(INI)

Motion for a resolution
Citation 17 a (new)
- having regard to the Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention), the Bucharest Convention on the protection of the black sea, the Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea, and the OSPAR Convention for the Protection of the marine Environment of the North-East Atlantic;
2021/02/22
Committee: ENVI
Amendment 61 #

2020/2273(INI)

Motion for a resolution
Recital A
A. whereas the European Parliament has declared a climate and environmental emergency and approved an ambitious Climate Law report; whereas biodiversity loss and climate change, reinforce each other, representing equal threats to life on our planet, and as such, should be urgently tackled together;
2021/02/22
Committee: ENVI
Amendment 68 #

2020/2273(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas indigenous peoples and local communities play an essential part to preserve the world’s biodiversity and global biodiversity targets cannot be achieved without the recognition of their rights;
2021/02/22
Committee: ENVI
Amendment 71 #

2020/2273(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas key ecosystems deliver numerous services essential to food and agriculture, including supply of freshwater, protection against hazards and provision of habitats for species such as fish and pollinators, which are declining at a sharp rate;
2021/02/22
Committee: ENVI
Amendment 73 #

2020/2273(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas biodiversity is crucial for food security, human well-being and development worldwide; whereas the COVID-19 pandemic has highlighted areas of inequalities across agri-food systems, and the necessity to adapt and improve smallholder production sustainably, ensure that the livelihoods of rural populations are more resilient, transform agri-food-systems, and reorient agriculture towards climate sustainability;
2021/02/22
Committee: ENVI
Amendment 77 #

2020/2273(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas according to the findings of the 2020 ECA and EEAs reports, there is a lack of an effective, well-managed and well-connected network of marine protected areas resulting in limited protection of marine biodiversity;
2021/02/22
Committee: ENVI
Amendment 79 #

2020/2273(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas according to the JRC 2020 report, invasive alien species (IAS) are now present in all ecosystems and are threatening urban ecosystems and grasslands in particular;
2021/02/22
Committee: ENVI
Amendment 100 #

2020/2273(INI)

Motion for a resolution
Recital C a (new)
Ca. Whereas the blue economy, supposed to double by 2030, represents a real opportunity for the sustainable development of maritime and coastal activities,
2021/02/22
Committee: ENVI
Amendment 101 #

2020/2273(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas 70% of emerging diseases and pandemics have an animal origin1a; _________________ 1ahttps://ipbes.net/sites/default/files/2020- 12/IPBES%20Workshop%20on%20Biodi versity%20and%20Pandemics%20Report _0.pdf
2021/02/22
Committee: ENVI
Amendment 102 #

2020/2273(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas the ocean is one, and its good environmental status is vital to ensuring its resilience and its continued provision of ecosystem services such as CO2 absorption and oxygen production; whereas the IPCC special report entitled "The Ocean and Cryosphere in a Changing Climate", specifies that climate mechanisms depend on the health of the ocean and marine ecosystems currently affected by global warming, pollution, overexploitation of marine biodiversity, acidification, deoxygenation and coastal erosion; whereas the IPCC recalls that the ocean is part of the solution to mitigate and adapt to the effects of climate change and underlines the necessity to reduce greenhouse gas emissions and pollution on ecosystems, as well as to enhance natural carbon sinks;
2021/02/22
Committee: ENVI
Amendment 107 #

2020/2273(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas the European Union still faces large implementation gaps to effectively manage the Natura 2000 network; whereas current and future climate change impacts should be also incorporated under management guidelines of Natura 2000;
2021/02/22
Committee: ENVI
Amendment 117 #

2020/2273(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas, according to the 2019 IPBES Global Assessment Report, both the illegal and legal trade in, and use of, wildlife significantly contributes to biodiversity decline, and the destruction of natural habitats and the exploitation of wildlife are linked to the emergence and spread of infectious diseases;
2021/02/22
Committee: ENVI
Amendment 119 #

2020/2273(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas the good ecological status of our environment is vital to fight climate change; whereas the ocean and forests are two major ecosystems playing a fundamental role in climate mitigation and adaptation;
2021/02/22
Committee: ENVI
Amendment 126 #

2020/2273(INI)

Motion for a resolution
Recital C d (new)
Cd. whereas climate change affects biodiversity as climate variables largely determine the geographical distribution ranges of species; whereas in areas where the climate is no longer suitable, some species shift their geographical ranges and others go extinct locally, depending on their dispersal capacities; whereas species phenology and physiology, community structures and ecosystem functions are also exacerbating the challenge to manage and conserve biodiversity;
2021/02/22
Committee: ENVI
Amendment 128 #

2020/2273(INI)

Motion for a resolution
Recital C d (new)
Cd. whereas the Outermost Regions and Overseas Countries and Territories are biodiversity hotspots and host 80% of the EU marine biodiversity, and their economies are largely based on fishing and tourism activities;
2021/02/22
Committee: ENVI
Amendment 132 #

2020/2273(INI)

Motion for a resolution
Recital C e (new)
Ce. whereas Nature-based solutions (NbS) have the potential to provide a strong policy connection between the three Rio Conventions on Biodiversity, Climate Change and Desertification providing an opportunity for Presidencies and Secretariats of all three agreements to work together to achieve closer linkages towards the 2021 Year for Nature to address climate change and biodiversity loss in an integrated and coherent manner;
2021/02/22
Committee: ENVI
Amendment 134 #

2020/2273(INI)

Motion for a resolution
Recital C e (new)
Ce. whereas marine hotspots such as coral reefs, mangroves and seagrass beds are strongly degraded and threated by climate change and pollution;
2021/02/22
Committee: ENVI
Amendment 177 #

2020/2273(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. regrets that EU Member States have not met the 2020 objective of a good environmental status for marine waters as specified in the Marine Strategic Framework Directive; recalls that the MSFD will play a crucial role in the implementation of the biodiversity strategy objectives;
2021/02/22
Committee: ENVI
Amendment 194 #

2020/2273(INI)

Motion for a resolution
Paragraph 3
3. Stresses that the COVID-19 pandemic has demonstrated the importance of holistically recognising the linkages between human health, animal health and biodiversity through the ‘One Health’ principle in policy-making and that transformative changes are needed; calls for an urgent rethinking of how to align the Union’s current policies with the changes needed; further calls on the Commission to present, in collaboration with the European Centre for Disease Prevention and Control, a European Strategy against pandemics, including pandemics from zoonotic origins; believes that such a Strategy should put in place pandemic preparedness and prevention, further address the drivers of biodiversity loss, ensure long-term resilience, and ultimately contribute to the overall objectives of the Biodiversity Strategy for 2030;
2021/02/22
Committee: ENVI
Amendment 197 #

2020/2273(INI)

Motion for a resolution
Paragraph 3
3. Stresses that the pandemic has demonstrated the importance of the ‘One Health’ principle in policy-making and that transformative changes are neededwhich aims at addressing both human and environmental factors together in a health risk management framework and that transformative changes are needed to build an effective risk management strategy to limit the threat of such infectious episodes occurring in the future; calls for an urgent rethinking of how to align the Union’s current policies with the changes needed;
2021/02/22
Committee: ENVI
Amendment 215 #

2020/2273(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Notes that only one target from the Biodiversity Strategy 2020 was met (to protect 10% of marine areas and 17% of terrestrial areas), and underlines therefore that all targets from the Biodiversity Strategy for 2030 should be clearly defined and measurable in order to be achieved;
2021/02/22
Committee: ENVI
Amendment 258 #

2020/2273(INI)

Motion for a resolution
Paragraph 4
4. Expresses strong support for the targets of protecting at least 30 % of the Union’s marine and terrestrial areas, and of strictly protecting at least 10 % of these areas, including primary and old-growth forests; stresses that these should be binding and implemented by Member States in accordance with science-based criteria and biodiversity needs; underlines that in addition to increasing protected areas, the quality of protected areas should be ensured and clear conservation plans implemented, as well as the proper management of these areas thanks to better human and financial resources;
2021/02/22
Committee: ENVI
Amendment 278 #

2020/2273(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Welcomes the ongoing participatory processes of defining, mapping and monitoring primary and old- growth forests, aiming to ensure their conservation; believes that these efforts and the implementation of the Strategy should take into account national conditions;
2021/02/22
Committee: ENVI
Amendment 281 #

2020/2273(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Calls on the Commission and the Member States to strengthen the network of Marine protected areas through enhanced management, stronger spatial planning, evaluations and enforcement in order to increase ecological coherence and connectivity of marine protected areas;
2021/02/22
Committee: ENVI
Amendment 299 #

2020/2273(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. 4 b. Underlines that the Antarctica territory is home to an extremely rich wildlife ecosystem of flora and fauna, which are already subject to many cumulative pressures such as marine pollution, climate change, increasing ocean temperatures: calls therefore on the establishment of marine protected areas in the Southern (Antarctic) Ocean;
2021/02/22
Committee: ENVI
Amendment 301 #

2020/2273(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Calls on the Commission to update the Adaptive management guidance in Natura 2000, which involves the consideration of potential regional impacts of climate change on species and ecosystems and the design of management actions that take those impacts into account;
2021/02/22
Committee: ENVI
Amendment 315 #

2020/2273(INI)

Motion for a resolution
Paragraph 4 c (new)
4c. Stresses that according to the EEA report, existing management effectiveness standards are insufficiently known and understood among practitioners; therefore calls on the Commission and the Member States for more targeted capacity building and better EU guidance on management effectiveness;
2021/02/22
Committee: ENVI
Amendment 318 #

2020/2273(INI)

Motion for a resolution
Paragraph 4 c (new)
4c. Welcomes national and transnational projects of restoration of primary forests and calls on the commission to support such projects;
2021/02/22
Committee: ENVI
Amendment 346 #

2020/2273(INI)

Motion for a resolution
Paragraph 5
5. WStrongly welcomes the upcoming legislative proposal on the EU Nature Restoration Plan and reiterates its call for a restoration target of at least 30 % of the EU’s land and seas, which should be implemented by each Member State consistently throughout their territory; considers that in addition to an overall restoration target, ecosystem- specific targets should be set, with a particular emphasis on ecosystems for the dual purposes of biodiversity restoration and nature-based solutions for climate change mitigation and adaptation; stresses that after restoration, no ecosystem degradation should be allowed;
2021/02/22
Committee: ENVI
Amendment 355 #

2020/2273(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Emphasises that blue carbon which represents the carbon stored in marine and coastal ecosystems such as mangroves, salt marshes and seagrasses, offers a wide range of mitigation and adaptation benefits; underlines that when degraded or destroyed, these ecosystems emit into the atmosphere and the ocean the carbon they have stored for centuries and become sources of greenhouse gas emissions, calls therefore for the reinforced protection and restoration of these ecosystems;
2021/02/22
Committee: ENVI
Amendment 364 #

2020/2273(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Commission to offer support in the framework of the Common Agricultural Policy, for changing farming practices, especially for rewetting peatlands and restoring high diversity grasslands, and avoid operating against its restoration objectives;
2021/02/22
Committee: ENVI
Amendment 369 #

2020/2273(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Strongly supports the proposed actions and commitments under the EU Nature Restoration Plan and calls upon the Member States for a thorough and swift implementation thereof;
2021/02/22
Committee: ENVI
Amendment 378 #

2020/2273(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Underlines the great role played by whales in carbon sequestration, and calls for their enhanced protection;
2021/02/22
Committee: ENVI
Amendment 402 #

2020/2273(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls on Member States to address those direct drivers in their CAP Strategic Plans, and asks the Commission to assess them on the basis of the relevant quantified objective of the Biodiversity Strategy as voted by the European parliament on October 23, 2020; in addition, calls on the Commission, once national Strategic Plans are approved, to carry out an independent assessment of their aggregated expected impact; considers that, in case this analysis reveals an insufficient joint effort in relation to the ambition of the European Green Deal, the Commission should take appropriate action, such as requesting Member States to modify their CAP strategic plans or tabling amendments to the CAP Strategic Plan regulation as voted by the European parliament on October 23, 2020;
2021/02/22
Committee: ENVI
Amendment 424 #

2020/2273(INI)

Motion for a resolution
Paragraph 7
7. Highlights that soil biodiversity is the basis for key ecological processes; notes with concern the increased soil degradation and the lack of specific EU legislation; calls on the Commission to submit a legislative proposal for the establishment of a common framework for the protection and sustainable use of soil that includes a specific decontamination target; invites the Commission to review Directive 2010/75/EU on industrial emissions (IED) and Directive 2006/21/EC on the management of waste from extractive industries in order to better take into account soil degradation by industrial and mining activities;
2021/02/22
Committee: ENVI
Amendment 447 #

2020/2273(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Recalls that the emergence of new maritime activities and the development of the blue economy requires the European Union to promote a paradigm shift in the maritime spatial planning taking into account the spatial dimension of maritime and coastal activities together with biodiversity; encourages innovative urban and coastal planning relying in particular on the development of infrastructures with positive impacts, such as marine renewable energies with artificial reefs and other innovations promoting reef effect and reserve effect, contributing to the restoration of ecosystems;
2021/02/22
Committee: ENVI
Amendment 448 #

2020/2273(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Recalls that there is an urgent need to strengthen the maritime vision in the new strategies of the European Union, in particular in the follow-up of the Green Deal for Europe, the Biodiversity Strategy and the Farm-to-Fork strategy;
2021/02/22
Committee: ENVI
Amendment 485 #

2020/2273(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to set specific ambitious targets on urban biodiversity, nature-based solutions and, the reinforcement of terrestrial and marine ecological corridors, green infrastructure and to develop a Trans-European Network for Green Infrastructure (TEN-G) linked to the Trans- European Nature Network (TEN-N);
2021/02/22
Committee: ENVI
Amendment 493 #

2020/2273(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Encourages the development of nature based solutions and green infrastructure in coastal cities, which are generally located near wetlands, to preserve biodiversity and coastal ecosystems as well as to strengthen the sustainable development of the economy, tourism and coastal landscapes, which also help to improve resilience to climate change in these vulnerable areas, particularly affected by sea level rise;
2021/02/22
Committee: ENVI
Amendment 512 #

2020/2273(INI)

Motion for a resolution
Paragraph 10
10. Expresses its support for the 2030 targets of bringing at least 25 % of agricultural land under organic farm management, which should become the norm in the long term, and ensuring that at least 10 % of agricultural land consists of high-diversity landscape features, - provided that food self-sufficiency and stability of the EU are not jeopardised and food imports from non-EU countries are not increased, which will be reduced in the EU as a result of organic farming - which should be implemented at farm level, targets which should both be incorporated into EU legislation; considers it imperative that farmers receive support and training in the transition towards agroecological practices;
2021/02/22
Committee: ENVI
Amendment 573 #

2020/2273(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Highlights that certain biodiversity hotspots in the European Union are in a critical state such as the Mediterranean area and that preservation and restoration efforts, notably at regional level, should be intensified;
2021/02/22
Committee: ENVI
Amendment 581 #

2020/2273(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Stresses the importance of continuing and stepping up the fight against illegal, unreported and unregulated (IUU) fishing, fisheries control and penalties for associated criminal practices, given that intrinsically polluting and illegal activities contribute to the deterioration of the marine environment;
2021/02/22
Committee: ENVI
Amendment 633 #

2020/2273(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Encourages the Commission to scale up collaboration especially for marine ecosystems and the designation of marine ecological corridors;
2021/02/22
Committee: ENVI
Amendment 668 #

2020/2273(INI)

Motion for a resolution
Paragraph 14
14. StressesWelcomes the commitment to plant at least 3 billion additional trees in Europe; stresses however that the Union’s tree planting initiatives should prioritise connectivity and be based on proforestation, sustainable reforestation and the greening of urban areas; calls on the Commission to ensure that these initiatives are carried out only in a manner compatible with and conducive to the biodiversity objectives and following the latest scientific guidance;
2021/02/22
Committee: ENVI
Amendment 691 #

2020/2273(INI)

Motion for a resolution
Paragraph 15
15. Calls on the Commission to urgently present a proposal for an EU legal framework based on mandatory due diligence that ensures sustainable and deforestation-free value chains; is of the opinion that the new EU legal framework should prevent the entry into the EU single market commodities that have contributed to deforestation as described in the resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation;
2021/02/22
Committee: ENVI
Amendment 712 #

2020/2273(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Recalls that biodiversity is threatened by climate change through natural disasters and extreme weather disturbances, including cyclones, storms, droughts, erosion, heat waves and fires, as well as rising sea level, rising sea surface temperature, flooding of coastal areas, and increasing ocean acidity, and that coastal regions and islands are particularly impacted;
2021/02/22
Committee: ENVI
Amendment 727 #

2020/2273(INI)

Motion for a resolution
Paragraph 16
16. Expresses its concern that the majority of the ranges of terrestrial and marine species will decrease significantly in a 1.5 to 2°C scenario; highlights, therefore, the need to prioritise nature- based solutions in meeting climate mitigation goals and in adaptation strategies and to increase the protection of natural terrestrial and marine carbon sinks in the EU;
2021/02/22
Committee: ENVI
Amendment 733 #

2020/2273(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls on the Commission to assess the magnitude of expected changes on biodiversity by performing a sensitivity analysis of the responses of species geographical distributions to climate change and to support Member States to adequately channel these assessments into national policies; stresses that expected changes in abundance and distribution (e.g. a potential northwards migration) should thus also be addressed in future reporting under the Nature Directives and taken into account within the context of the new Biodiversity Strategy for 2030;
2021/02/22
Committee: ENVI
Amendment 744 #

2020/2273(INI)

Motion for a resolution
Paragraph 17
17. Calls on the Commission to preparesent a long-term EU action plan on climate and biodiversity that improvensures coherence and interconnections for future actions, and formally integrates commitments under the post-2020 Global Biodiversity Framework and the Paris Agreement; Nationally-Determined Contributions of the Paris Agreement; underlines the importance of creating a formal coordination structure as soon as possible, as well as better coordination of reporting, monitoring, assessment and review of both climate and biodiversity plans in the future;
2021/02/22
Committee: ENVI
Amendment 756 #

2020/2273(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls on the Commission, in collaboration with the IUCN and the EEA, to present guidelines, definitions and strict principles of implementation and optimisation tools to clearly define NbS as biodiversity-inclusive and guide decisions on where to implement NbS to maximise nature connectivity, benefits and synergies between biodiversity conservation and climate change mitigation and adaptation;
2021/02/22
Committee: ENVI
Amendment 762 #

2020/2273(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Stresses that the post-2020 global biodiversity framework should commit Parties to incorporate NbS that protect and restore biodiversity and ecosystem integrity into both National Biodiversity Strategies and Action Plans (NBSAPs) and Nationally Determined Contributions (NDCs) to meet the Paris Agreement;
2021/02/22
Committee: ENVI
Amendment 782 #

2020/2273(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the Commission’s targets of reducing the use of more hazardous and chemical pesticides by 50 %, the use of fertilisers by at least 20 % and nutrient losses by at least 50 % by 2030, which should be made binding; considers that the derogation envisaged in Article 53(1) of Regulation (EC) No 1107/2009 should be clarified and must only be applied for health and environmental reasonsalls on the Commission to review Regulation (EC) No 396/2005 on Maximum Residue Levels of pesticides (MRL) to incorporate animal health and the environmental risks as criteria of the legislation; considers this approach would be a way to ensure a fair treatment for EU farmers who endeavours to protect biodiversity as well as to ensure them a level-playing field;
2021/02/22
Committee: ENVI
Amendment 806 #

2020/2273(INI)

18a. Opposes the reauthorisation of the active substance glyphosate after 31 December 2022; calls on all Member States to carry out the relevant preparatory work to provide all farmers with viable alternative solutions after the ban of glyphosate;
2021/02/22
Committee: ENVI
Amendment 809 #

2020/2273(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Calls on the Commission to include in its revision of the implementing measures of the Market Authorisation for Pesticides provisions to respect the EU- wide objective of pesticides reduction set by the Biodiversity Strategy, in particular by including environmental provisions in the criteria to grant market access to a pesticides in Regulation (EC) No 1107/2009; considers that when it is concluded by the EFSA that there is a high risk for the environment, an approval decision under that Regulation should not be granted;
2021/02/22
Committee: ENVI
Amendment 817 #

2020/2273(INI)

Motion for a resolution
Paragraph 18 c (new)
18c. Welcomes the objectives of the Biodiversity Strategy to reduce by at least 20% fertiliser loss by 2030 in the EU; calls on the Commission to work further on additional solutions to reduce the use of mineral nitrogenous fertilisers, in particular by working on its taxation or, at a minimum, by promoting a coordination of taxation efforts between Member States;
2021/02/22
Committee: ENVI
Amendment 831 #

2020/2273(INI)

Motion for a resolution
Paragraph 19
19. Strongly regrets the decline of pollinators, which are a key indicator of the health of the environment; reiterates the position expressed in its resolution of 18 December 2019 on the EU Pollinators Initiative5 and calls for an urgent revision of the initiative; recalls its objection of 23 October 2019 as regards the assessment of the impact of plant protection products on honeybees5a and calls on the Commission and EFSA to ensure that the review of the Bee Guidance Document does not reduce the ambition of the previous Bee Guidance Document; notes that EFSA is designing its own modelization system, ApisRAM, which appears to be more in line with the biology of honeybees than BeeHAVE and less open to conflict of interests; insists that the 2013 Bee Guidance Document should be made operational for wild bees; _________________ 5 Texts adopted, P9_TA(2019)0104.
2021/02/22
Committee: ENVI
Amendment 858 #

2020/2273(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Highlights that diffuse pollution, such as treated or untreated waste water, or water that runs off from the urban or agricultural environment such as discharge of nitrogen and phosphorus threatens the marine environment with eutrophication due to the high concentration of nutrients, which contaminate extensively marine plants and wildlife, leading to the proliferation of ‘dead zones’;
2021/02/22
Committee: ENVI
Amendment 862 #

2020/2273(INI)

Motion for a resolution
Paragraph 20 b (new)
20b. Stresses the need to increase knowledge about nano- and microplastic pollution and its effect on the environment; points out that this lack of knowledge is detrimental to policy-making and that more research is needed to understand this phenomena and develop ambitious measures;
2021/02/22
Committee: ENVI
Amendment 867 #

2020/2273(INI)

Motion for a resolution
Paragraph 21
21. Regrets that the list of Union concern represents less than 6 % of IAS present in Europe; calls on the Commission to step up action and ensure proper coverage of IAS affecting threatened species on the EU list and to reinforce prevention by introducing mandatory risk assessments prior to the first import of non- native species and by adopting white lists by 2030 at the latest; urges the Commission to urgently revise the listing processes, together with prevention, control or eradication plans for those affecting critically endangered species as determined by science;
2021/02/22
Committee: ENVI
Amendment 881 #

2020/2273(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Highlights that the introduction of IAS is also linked to other stressors such as marine litter that can be a vector for invasive alien species as it can provide a surface on which many species, organisms or bacteria can cling, which can alter the balance of marine ecosystems, or the dispersal of IAS through ballast waters of shipping activities;
2021/02/22
Committee: ENVI
Amendment 902 #

2020/2273(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to ensure effective biodiversity mainstreaming and proofing across EU spending and programmes on the basis of the EU Taxonomy and the ‘do no significant harm’ principle, including in its external action and in the Neighbourhood, Development and International Cooperation Instrument (NDICI), on the basis of the EU Taxonomy; calls for the effective application of the ‘do no significant harm’ principle to biodiversity across EU spending and programmes; calls on the Commission to provide a comprehensive assessment of how the EUR 20 billion per year needed for nature could be mobilised, to make corresponding proposals for the Union’s annual budget and to examine the need for a dedicated funding instrument for TEN-N; considers that efforts should be made to reach 10 % annual spending on biodiversity under the multiannual financial framework (MFF) as soon as possible from 2021 onwards; recalls that, as agreed by the co- legislators, the Recovery and Resilience Facility should contribute to mainstream biodiversity action in the Union policies; notes therefore that Member States should be encouraged to include biodiversity actions in the Recovery and Resilience Plans;
2021/02/22
Committee: ENVI
Amendment 933 #

2020/2273(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission and the Member States to provide an assessment of all subsidies harmful to the environment with a view to their phasing out by 2030 at the latest; reiterates its calls for the reorientation of taxation systems towards an increased use of environmental taxation; calls the Commission to provide clear guidelines and incentives to mobilise private finance for biodiversity and encourage divestment from harmful activities by companies;
2021/02/22
Committee: ENVI
Amendment 952 #

2020/2273(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Stresses the necessity to ensure consistency between climate and biodiversity funding; welcomes the commitment that the Coalition for the convergence of climate and biodiversity funding took on January 11, 2021 at the One Planet Summit in Paris to raise their share of climate expenditure beneficial to biodiversity protection;
2021/02/22
Committee: ENVI
Amendment 956 #

2020/2273(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Urges the Commission and the Member States to achieve the objectives of the Biodiversity Strategy in the most effective and least burdensome way for the economic operators;
2021/02/22
Committee: ENVI
Amendment 959 #

2020/2273(INI)

Motion for a resolution
Paragraph 23 b (new)
23b. Calls on the Commission to provide an ambitious and forward looking framework integrating legislative measures and financial incentives for both public and private sector to support biodiversity actions as part of the upcoming Renewed Sustainable Finance Strategy; stresses that the framework should facilitate both the deployment of biodiversity loss-free supply chains in Europe and the financing of ecosystems restoration;
2021/02/22
Committee: ENVI
Amendment 968 #

2020/2273(INI)

Motion for a resolution
Paragraph 24
24. Highlights the need for a legally binding biodiversity governance framework, similar to the Climate Law, which steers a path to 2050 through a set of binding objectives, including targets for 2030 and the COP15 commitments, and which establishes a monitoring mechanism with smart indicators; calls on the Commission to submit a legal proposal to this end in 2022; stresses that increasing human and financial capacity at local, Member State and EU-level will be critical for an effective governance framework, alongside more clarity on specific sectorial commitments and integration into international target deliveries;
2021/02/22
Committee: ENVI
Amendment 980 #

2020/2273(INI)

24a. Regrets that the lack of a Monitoring and Review Mechanism for the Biodiversity Strategy to 2020 has hindered progress towards the established objectives; believes that due to the trans- boundary and cross-sectorial nature of biodiversity there is an urgent need to integrate all existing monitoring tools at EU-level into one comprehensive monitoring and review Mechanism for the Biodiversity Strategy for 2030 including terrestrial and marine biodiversity;
2021/02/22
Committee: ENVI
Amendment 981 #

2020/2273(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Strongly welcomes the outcome of the Consultation on the renewed sustainable finance strategy in which a vast majority of stakeholders believed the EU’s finance agenda should better reflect biodiversity loss, notably by developing EU reporting standards, establishing methodologies for natural capital accounting, developing clear metrics and methodologies or enhance due diligence on infrastructure projects;
2021/02/22
Committee: ENVI
Amendment 984 #

2020/2273(INI)

Motion for a resolution
Paragraph 24 b (new)
24b. Calls on the Commission to also look at the opportunities that retail investment could offer to support the financing of biodiversity actions, enabling all citizens to take part in the financing of the ecological transition;
2021/02/22
Committee: ENVI
Amendment 989 #

2020/2273(INI)

Motion for a resolution
Paragraph 24 c (new)
24c. Stresses that it is essential for the upcoming Non Financial Reporting Directive review to integrate requirements covering both climate and biodiversity requirements;
2021/02/22
Committee: ENVI
Amendment 991 #

2020/2273(INI)

Motion for a resolution
Paragraph 24 d (new)
24d. Calls on the Commission to develop a new indicator assessing the biodiversity-friendly investment gap at EU level that would be published on an annual basis; stresses that such an indicator would generate clarity and enable to redirect investments towards biodiversity related actions;
2021/02/22
Committee: ENVI
Amendment 992 #

2020/2273(INI)

Motion for a resolution
Paragraph 24 e (new)
24e. Recalls the commitment of the European Commission to finance the green part - including biodiversity actions - of the Recovery and Resilience plan via the issuance of green bonds; stresses that this will make the EU become the world leader in Green bonds;
2021/02/22
Committee: ENVI
Amendment 996 #

2020/2273(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Insists that the objectives set by the European Union in terms of protection of the biodiversity should be reflected in its external action with third countries and be fully integrated in partnership strategies and agreements, such as fisheries agreement where the European Union can help third countries develop their capacity building to halt biodiversity loss, which can be particularly at stake in those areas;
2021/02/22
Committee: ENVI
Amendment 1024 #

2020/2273(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Recalls that more than 80% of the ocean has not been explored and that scientific knowledge is vital to understand how to protect and restore biodiversity; urges in that sense the Commission to play a major role in the UN’s Decade of Ocean Science, to scale up efforts on oceanic research and to support digitisation and the use of artificial intelligence with a view to improving our understanding of the seas and the ocean and our impact on them; to support and finance new oceanic expeditions and encourage participative sciences with all marine stakeholders;
2021/02/22
Committee: ENVI
Amendment 1033 #

2020/2273(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Stresses that greater research is urgently needed to understand biodiversity tipping points, and how biodiversity collapse could impact essential services, such as food provision;
2021/02/22
Committee: ENVI
Amendment 1034 #

2020/2273(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Recommends the EU to join the global call of the ‘UN Decade of Ecosystem Restoration’ (2021-2031), to massively scale up to protect and revive ecosystems all around the world;
2021/02/22
Committee: ENVI
Amendment 1043 #

2020/2273(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Encourages the establishment of educational marine protected areas to increase collaboration and participation of all stakeholders and improve knowledge and awareness on how to protect marine biodiversity for citizens;
2021/02/22
Committee: ENVI
Amendment 1048 #

2020/2273(INI)

Motion for a resolution
Paragraph 26 c (new)
26c. Encourages research regarding the melting of glaciers and the permafrost, caused by climate change, in order to further analysed and avoid the potential issues about the release of viruses trapped in the ice;
2021/02/22
Committee: ENVI
Amendment 1050 #

2020/2273(INI)

Motion for a resolution
Subheading 11
IPost-2020 global biodiversity framework, international action and ocean governance
2021/02/22
Committee: ENVI
Amendment 1056 #

2020/2273(INI)

Motion for a resolution
Paragraph 27
27. Recalls the position expressed in its resolution of 16 January 2020 on COP156 on biodiversity and the need for a post- 2020 binding agreement, with smart targets and a robust implementation framework, similar to the Paris Agreement to halt and reverse biodiversity loss by 2030; stresses the need for a science- based, independent, harmonised and transparent review mechanism on the progress of the Parties to meeting the targets; _________________ 6 Texts adopted, P9_TA(2020)0015.
2021/02/22
Committee: ENVI
Amendment 1058 #

2020/2273(INI)

Motion for a resolution
Paragraph 27
27. Recalls the position expressed in its resolution of 16 January 2020 on COP156 on biodiversity and the need for a post- 2020 binding agreement similar to the Paris Agreement to halt and reverse biodiversity loss by 2030; welcomes the commitment by the High Ambition Coalition for Nature and People to support the global objective to protect 30% of land and sea worldwide; _________________ 6 Texts adopted, P9_TA(2020)0015.
2021/02/22
Committee: ENVI
Amendment 1063 #

2020/2273(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Calls on the Commission to champion an ambitious governance model in international UN negotiations on marine biodiversity and marine genetic resources beyond national jurisdictions; calls to recognise the ocean as a global common, with a view to a new approach in the preamble that prioritises individual and collective responsibilities over the traditional principles of freedom and sovereign rights, as laid down in the Law of the Sea, and thus ensures that the ocean is protected;
2021/02/22
Committee: ENVI
Amendment 1065 #

2020/2273(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Highlights the importance of long- term EU support for the most important ecosystem, biodiversity hotspots and protected areas in Africa; welcomes the new ‘NaturAfrica’ initiative and its potential to benefit conservation, economic recovery, security and local populations; calls for the development of similar initiatives for other regions while extending Key Biodiversity Areas to contribute to increasing the resilience of developing countries to Climate Change;
2021/02/22
Committee: ENVI
Amendment 1070 #

2020/2273(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Calls again the Commission to provide for the enforceability of Trade and Sustainable Development (TSD) Chapter of our Free Trade Agreements; is of the opinion that this should be done through the inclusion of proportionate and progressive sanction provisions in TSD chapters;
2021/02/22
Committee: ENVI
Amendment 1078 #

2020/2273(INI)

Motion for a resolution
Paragraph 27 b (new)
27b. Stresses the need to revise the EU’s integrated maritime policy with a view to establishing a strategic framework that incorporates all marine environment laws, encourages, in that sense, to support a strategic approach for topics that overlap between marine biodiversity, climate policy and the common fisheries policy;
2021/02/22
Committee: ENVI
Amendment 1081 #

2020/2273(INI)

Motion for a resolution
Paragraph 27 b (new)
27b. Emphasises that the EU-Mercosur agreement cannot be ratified as it stands since, inter alia, it does not ensure biodiversity protection, in particular in the Amazonia;
2021/02/22
Committee: ENVI
Amendment 1084 #

2020/2273(INI)

Motion for a resolution
Paragraph 27 c (new)
27c. Invites the Commission to implement and follow the recommendations established by the Mission Starfish 2030: Restore our Ocean and Waters;
2021/02/22
Committee: ENVI
Amendment 1089 #

2020/2273(INI)

Motion for a resolution
Paragraph 27 e (new)
27e. Welcomes the Biodiversity Strategy's commitment to revise by 2021 the EU Action Plan against Wildlife Trafficking to step up efforts to combat the illegal wildlife trade both within the EU and globally; calls on the Commission to ensure that the post-2020 EU Action Plan against Wildlife Trafficking is fully integrated into the 2030 Biodiversity Strategy, receives adequate funding and includes baselines and measurable indicators so that progress can be assessed and objectives delivered within a specified timeframe;
2021/02/22
Committee: ENVI
Amendment 1095 #

2020/2273(INI)

Motion for a resolution
Paragraph 28
28. RCalls on all Parties to the CBD to scale up and reinforce action and monitoring against wildlife legal and illegal trafficking and promote the development of specific, measurable, quantifiable targets to this end; reiterates its call for a full ban on the trade in both raw and worked ivory to, from and within the EU, including ‘pre- convention’ ivory and rhino horns, and asks for similar restrictions for other endangered species, such as tigers;
2021/02/22
Committee: ENVI
Amendment 1105 #

2020/2273(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Strongly supports the work undertaken by the Task Force on Nature- related Financial Disclosure and calls on the Commission to fully take it into account in the upcoming renewed sustainable finance strategy; welcomes the political support by France, Canada and the United Kingdom to this initiative;
2021/02/22
Committee: ENVI
Amendment 1107 #

2020/2273(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Calls on the Commission and the Union to push for the adoption of an ambitious Global Ocean Treaty to protect marine biodiversity in areas beyond national jurisdiction worldwide in the next session of the Intergovernmental Conference on Biodiversity Beyond National Jurisdiction;
2021/02/22
Committee: ENVI
Amendment 1121 #

2020/2273(INI)

Motion for a resolution
Paragraph 29
29. Notes that marine plastic pollution has increased tenfold since 1980, affecting at least 267 species; that at the surface, the cumulative mass of floating waste represents only 1% of the plastics discharged into the ocean; whereas the latest scientific research estimates that the level of plastic pollution in the ocean has been greatly underestimated and that there are still major gaps in oceanographic knowledge today; and that a research effort on the dispersion of marine litter in the ocean is crucial to better understand the extent of marine pollution and its impact on marine biodiversity; calls on the Union to lead negotiations for an international agreement for plastic-free oceans by 2030;
2021/02/22
Committee: ENVI
Amendment 1147 #

2020/2273(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Welcomes the African initiative on the "Great Green Wall" and calls on the Commission to support this project;
2021/02/22
Committee: ENVI
Amendment 1164 #

2020/2273(INI)

Motion for a resolution
Paragraph 30
30. Urges Member States to fully comply with the obligations set to out in existing EU nature legislation and calls on the Commission to swiftly pursue infringement procedures more swiftly, effectively and transparently, including through the regular follow-up of cases, to remedy all cases of non-compliance and to allocate sufficient resources in order to overcome the current delays; stresses that strategic enforcement can also be delivered through an enhanced environmental implementation review process, with more binding and time-bound commitments;
2021/02/22
Committee: ENVI
Amendment 1185 #

2020/2273(INI)

Motion for a resolution
Paragraph 30 a (new)
30a. Calls on the Member States and regional and local authorities to speed up implementation and enforcement;
2021/02/22
Committee: ENVI
Amendment 10 #

2020/2260(INI)

Motion for a resolution
Citation 1 a (new)
- having regard to its Resolution of 18 December 2019 on the EU pollinators Initiative and its objection of 23 October 2019 on the draft Commission Regulation amending Regulation (EU) No 546/2011 as regards the assessment of the impact of plant protection products on honeybees,
2021/02/18
Committee: ENVIAGRI
Amendment 17 #

2020/2260(INI)

Motion for a resolution
Citation 1 a (new)
- having regard to its resolution of 18 December 2019 on the EU Pollinators Initiative1a, __________________ 1a P9_TA(2019)0104
2021/02/18
Committee: ENVIAGRI
Amendment 41 #

2020/2260(INI)

Motion for a resolution
Citation 6 a (new)
- having regard to the European Environment Agency´s report “European Environment – State and outlook 2020”,
2021/02/18
Committee: ENVIAGRI
Amendment 145 #

2020/2260(INI)

Motion for a resolution
Citation 36 a (new)
- having regard to the Communication from the Commission on the European Citizens' Initiative “Ban glyphosate and protect people and the environment from toxic pesticides” (C(2017) 8414 final),
2021/02/18
Committee: ENVIAGRI
Amendment 171 #

2020/2260(INI)

Motion for a resolution
Recital A
A. whereas the Commission communication on a Farm to Fork Strategy sets out a holistic approach of the European food system, with agriculture, as a provider of food, fibre and fuel, at the centre, while recognising the interconnectedness and responsibility of all actors throughout the whole supply chain;
2021/02/18
Committee: ENVIAGRI
Amendment 207 #

2020/2260(INI)

Motion for a resolution
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being, public health and maintains and restores ecosystems health; whereas currently, the food system is responsible also for a range of negative impacts on human and animal health and on the environment, the climate and biodiversity; whereas the way in which we produce and consume food needs to transform in orderhole food chain, from the way in which we produce food to its consumption, needs to transform in order to bring the food system within planetary boundaries and to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, climate, public health, animal welfare, food and economic sustainability for farmers;
2021/02/18
Committee: ENVIAGRI
Amendment 214 #

2020/2260(INI)

Motion for a resolution
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being and maintains and restores ecosystem health; whereas currently, the food system is responsible for a range of impacts on human and animal health and on the environment, the climate and biodiversity; whereas our food system is an indirect and strong driver of global deforestation; whereas the way in which we produce and consume food needs to transform in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, climate, public health, animal welfare, food and economic sustainability for farmers;
2021/02/18
Committee: ENVIAGRI
Amendment 315 #

2020/2260(INI)

Motion for a resolution
Recital C
C. whereas the European model of a multifunctional agricultural sector, driven by family farms, continues to ensure-food sector should lead to quality food production, local supply chains, good agriculture practices, high environmental standards and vibrant rural areas throughout the EU;
2021/02/18
Committee: ENVIAGRI
Amendment 377 #

2020/2260(INI)

Motion for a resolution
Recital D
D. whereas it is important that consumers are informed and enabled to take responsibility foron the consequences of their choice of food stuffs on the whole food system, from production to processing and distribution; whereas this requires and enabled to make informed choices; whereas this requires that the actors in the food sector contribute to a creation of a healthy and sound food environment which ensures that the healthy and sustainable choice is also the easy and affordable choice, and fosters and encourages consumption patterns that support human health while ensuring the sustainable use of natural and human resources and animal welfare;
2021/02/18
Committee: ENVIAGRI
Amendment 433 #

2020/2260(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the European Parliament adopted a resolution on EU Pollinators Initiative1a which confirms its strong position regarding the importance of pollinators protection, particularly in context of risk and exposure to chemicals and the need to transform away from harmful agricultural practices; __________________ 1a P9_TA(2019)0104
2021/02/18
Committee: ENVIAGRI
Amendment 453 #

2020/2260(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas antimicrobial resistance may also have impacts on human health;
2021/02/18
Committee: ENVIAGRI
Amendment 458 #

2020/2260(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas the EFSA Bee Guidance Document (2013) has not been adopted yet and its review has not been finalised, and the process of Biocides - Pollinators Guidance Document by ECHA is ongoing; whereas even full application of the 2013 EFSA Bee Guidance would leave butterflies, moths and hoverflies unprotected under the pesticide approval regime;
2021/02/18
Committee: ENVIAGRI
Amendment 469 #

2020/2260(INI)

Motion for a resolution
Recital E c (new)
Ec. whereas biodiversity loss puts European and global agricultural production, food system and nutrition at risk; whereas it is estimated that the social and economic costs related to land degradation mount to €5.5-10.5 trillion per year;
2021/02/18
Committee: ENVIAGRI
Amendment 473 #

2020/2260(INI)

Motion for a resolution
Recital E d (new)
Ed. whereas sustainable farming practices, including IPM uptake, agroforestry, agroecology and organic farming, are viable, including at a global scale, and should be encouraged; whereas scientific evidence1a confirms that pesticide use can be reduced substantially without affecting profitability and productivity negatively; __________________ 1aLechenet, M., Dessaint, F., Py, G. et al. Reducing pesticide use while preserving crop productivity and profitability on arable farms. Nature Plants 3, 17008 (2017)
2021/02/18
Committee: ENVIAGRI
Amendment 475 #

2020/2260(INI)

Motion for a resolution
Recital E e (new)
Ee. whereas the Commission adopted Recommendations to the Member States1a and highlights the need to address the continued decline of pollinators (key to ecosystem services), in populations of farmland bird species and in the status of agricultural habitats; whereas agricultural intensification and farmland consolidation have increasingly contributed to the loss of a very significant share of valuable landscape features, as well as fallow land, extensively managed grasslands or wetland areas; __________________ 1a Communication on the CAP Strategic Plans Recommendations (COM(2020) 846 final
2021/02/18
Committee: ENVIAGRI
Amendment 478 #

2020/2260(INI)

Motion for a resolution
Recital E f (new)
Ef. whereas annual value of biological pest control and pollination are estimated at EUR 320 billion and EUR 90 billion respectively1a and both ecosystem services can be stimulated by beneficial practices and measures taken on EU's, Member States', regional, local and farm's level; __________________ 1a Costanza, R., d'Arge, R., de Groot, R. et al. The value of the world's ecosystem services and natural capital. Nature 387, 253–260 (1997)
2021/02/18
Committee: ENVIAGRI
Amendment 569 #

2020/2260(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the announcement of an impact-assessed proposal for a legislative framework for sustainable food systems; invites the Commission to use this proposal to set out a holistic common food policy aimed at reducing the environmental and climate footprint of the EU food system in order to make Europe the first climate- neutral continent by 2050 and strengthen its resilience to ensure food security in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long-term plans based on realistic and transparent objectives; stresses the need for any evaluation of the Strategy to consider the cumulative impact of all actions foreseen along the whole food chain therein in a holistic and systemic manner rather than focus on individual targets, and to also consider impacts on all three pillars of sustainability; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including processing, marketing, distribution and retail;
2021/02/18
Committee: ENVIAGRI
Amendment 625 #

2020/2260(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Points out that the US Department of Agriculture ordered a study on the consequences of the quantified objectives of the farm to fork strategy at a global level; notes that this study was requested by the Trump administration and failed to demonstrate a solid analysis, since it ignores key factors, such as the diminution of the risk of pesticide and of antimicrobial use, and relies on questionable assumptions, the absence of change in production patterns or in consumption1a; _________________ 1a https://www.agriculture- strategies.eu/en/2021/01/why-are-the- united-states-so-afraid-of-the-green-deal- 2/
2021/02/18
Committee: ENVIAGRI
Amendment 743 #

2020/2260(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the decision to revise 3. the directive on the sustainable use of pesticides and the reduction targets for pesticides, fertilisers, and antibiotics; emphasises the importance of pursuing these targets through holistic and circular approaches, such as agroecological practices; insists that each Member State should establish robust quantitative reduction targets in particular in their CAP Strategic Plans, accompanied by well- defined crop-specific support measures ensuring accountability at all levels to help reach these targets; reiterates its call for the translation into legislation of the above targets and objectives, including through the revision of the Directive on the Sustainable Use of Pesticides, and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union-wide targets and to clarify the baselines for these targets;
2021/02/18
Committee: ENVIAGRI
Amendment 748 #

2020/2260(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the decision to revise the 3. directive on the sustainable use of pesticides and the reduction targets for pesticides, fertilisers, and antibiotics; emphasises the importance of pursuing these targets through holistic and circular approaches, such as organic and agroecological practices; insists that each Member State should establish robust quantitative reduction targets, accompanied byime-bound targets in their CAP Strategic Plans and other relevant instruments, which would facilitate measuring progress towards these targets and set of indicators, and well- defined support measures ensuring accountability and enforceability at all levels to help reach these targets; reiterates its call for the translation into legislation of the above targets and objectives and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union-wide binding targets and to clarify the baselines for these targets;
2021/02/18
Committee: ENVIAGRI
Amendment 794 #

2020/2260(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Believes that retailers in the food chain should play a strong role in attaining the reduction targets under the farm to fork strategy; is of the opinion that they should act as chain managers in implementing all available IPM-practices and methods for every crop in their chain in view of meeting the reduction targets of the farm to fork strategy; calls for mandatory yearly reporting of every food chain on the implementation of the goals and reduction targets;
2021/02/18
Committee: ENVIAGRI
Amendment 823 #

2020/2260(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Calls on the Commission to include in its revision of the implementing measures of the Market Authorization for Pesticides provisions to respect the EU- wide objective of pesticides reduction set by the Biodiversity Strategy, in particular by including environment provisions in the criteria to grant market access to a pesticides in Regulation 1107/2009; is of the opinion that an approval decision under Regulation 1107/2009 should not be granted when EFSA concludes that there is a high risk for the environment;
2021/02/18
Committee: ENVIAGRI
Amendment 858 #

2020/2260(INI)

Motion for a resolution
Paragraph 3 c (new)
3c. Calls on the Commission to present its legislative proposal on pesticides data at the latest by mid-2022;
2021/02/18
Committee: ENVIAGRI
Amendment 864 #

2020/2260(INI)

Motion for a resolution
Paragraph 3 d (new)
3d. Recalls its objection of October 23, 2019 and calls on the Commission and EFSA to ensure that the review of the Bee Guidance Document does not reduce the ambition of the previous Bee Guidance Document; notes that EFSA is designing its own modelisation system, ApisRAM, which appears to be more in line with the biology of honeybees than BeeHAVE and less open to conflict of interests;
2021/02/18
Committee: ENVIAGRI
Amendment 875 #

2020/2260(INI)

Motion for a resolution
Paragraph 3 e (new)
3e. Considers that imports of products from third countries treated with illegal substances in the EU should be banned as well as exports of pesticides that have been prohibited in the EU;
2021/02/18
Committee: ENVIAGRI
Amendment 951 #

2020/2260(INI)

Motion for a resolution
Paragraph 4
4. Emphasises the importance of recognising and monitoring the significant impact of agriculture and especially animal production on greenhouse gas (GHG) emissions and land use; stresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls for regulatory measures and targets to ensure progressive reductions in all GHG emissions in these sectors;
2021/02/18
Committee: ENVIAGRI
Amendment 1013 #

2020/2260(INI)

Motion for a resolution
Paragraph 5
5. PStrongly supports the objective of having at least 25% of the EU’s agricultural land under organic farming and to bring back at least 10% of agricultural area under high-diversity landscape features by 2030; points out that extensive and permanent grassland-based or organic animal husbandry is a feature of the European food system and a defining element of many traditional rural communities, and that it has multiple positive effects for the environment and against climate change, and contributes to a circular economy;
2021/02/18
Committee: ENVIAGRI
Amendment 1026 #

2020/2260(INI)

Motion for a resolution
Paragraph 5
5. Points out that extensive and permanent grassland-based or organic animal husbandry is a feature of the European food system and a defining element of many traditional rural communities, and that it hascan have multiple positive effects for the environment and, against climate change, and contributes to a circular economy and biodiversity restoration;
2021/02/18
Committee: ENVIAGRI
Amendment 1051 #

2020/2260(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Notes that Member States' Habitats Directive Article 17 Reports highlight that many semi natural grasslands are in unfavourable conservation - inadequate or - bad status and that pollinators which depend on them are threatened, putting pollination services in jeopardy;
2021/02/18
Committee: ENVIAGRI
Amendment 1059 #

2020/2260(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Notes that EU species and habitats dependant on agroecosystems are identified to be in the worst conservation status across Member States and are at risk of further decline without transformative changes in agriculture policy and practices in line with the EU Green Deal;
2021/02/18
Committee: ENVIAGRI
Amendment 1067 #

2020/2260(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the notion of enhancing, incentivizing and rewarding carbon sequestration in soils; stresses, however, that intensive and industrial agriculture andbelieves that nature- based solutions, such as agroecology or ecosystem restoration, especially peatland restoration, are among the most efficient carbon sequestration tools; stresses that low carbon practices and good management practices of livestock implemented by farmers should be incentivised whereas farming models with negative impacts on climate and biodiversity should not receive climate funding or be incentivised; calls for the proposals; calls for the proposals, such as a tax on synthetic nitrogenous fertilisers, to be in line with the environmental objectives and the ‘do no harm’ principle of the Green Deal; calls the Commission to assess the practices favouring carbon sequestration and the sustainability and resilience of the carbon sinks;
2021/02/18
Committee: ENVIAGRI
Amendment 1068 #

2020/2260(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the notion of enhancing, incentivizing and rewarding carbon sequestration in soils; stresses, however, that intensive and industrial agriculture andbelieves that nature- based solutions, such as agroecology or ecosystem restoration, especially peatland restoration, are among the most efficient carbon sequestration tools; stresses that low carbon practices and good management practices of livestock implemented by farmers should be incentivised whereas farming models with negative impacts on climate and biodiversity should not receive climate funding or be incentivised; calls for the proposals; calls for the proposals, such as a tax on synthetic nitrogenous fertilisers, to be in line with the environmental objectives and the ‘do no harm’ principle of the Green Deal; calls the Commission to assess the practices favouring carbon sequestration and the sustainability and resilience of the carbon sinks;
2021/02/18
Committee: ENVIAGRI
Amendment 1123 #

2020/2260(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Believes that rewarding carbon sequestration in soils should be carried out in a way which avoids greenwashing and provides for an increase of the overall EU carbon sinks; calls on the Commission to present a proposition on carbon quantification and certification; calls on the Commission to present swiftly its initiative on Carbon Farming and use the opportunity of carbon market reform and of the LULUCF review to provide additional financing to reward farmers for developing and maintaining good agricultural interventions towards carbon sequestration, which should lead to the enhancement of the EU overall carbon sinks;
2021/02/18
Committee: ENVIAGRI
Amendment 1126 #

2020/2260(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Underlines that healthy soil is a precondition for ensuring security of food, feed and fibre production and the basis for healthy food production; calls therefore on the Commission and Member States to close the existing legislative gap in soil protection and to work together to help Member States halt and reverse soil degradation on their territory;
2021/02/18
Committee: ENVIAGRI
Amendment 1134 #

2020/2260(INI)

Motion for a resolution
Paragraph 6 b (new)
6b. Acknowledges the essentiality of soil organic matter and biodiversity and the services and goods which it provides; regrets that the soils are under increasing pressure; believes that a robust EU-wide monitoring of soil organisms and trends in their range and volume must be in place and maintained across all Member States;
2021/02/18
Committee: ENVIAGRI
Amendment 1137 #

2020/2260(INI)

Motion for a resolution
Paragraph 6 c (new)
6c. Underlines that European citizens are worried about the presence of chemicals, including pesticides residues in food and calls for their reduction; regrets that according to EFSA´s annual report on pesticide residues in food only about half of the samples analysed were free from measurable synthetic pesticide residues, while 29% of all samples contained cocktails of pesticides; therefore welcomes the quantitative reduction targets of 50% of the use and risk of all chemical pesticides and a 50% reduction of the use of high-risk pesticides and believes that they are well in reach; reminds that many alternatives to excessive use of agricultural inputs already exist and that it is essential to focus on systemic change in the agricultural sector and their better uptake by farmers;
2021/02/18
Committee: ENVIAGRI
Amendment 1138 #

2020/2260(INI)

Motion for a resolution
Paragraph 6 d (new)
6d. Recalls its resolution on Union’s authorisation procedure for pesticides report (2018/2153(INI)) and expects the Commission and Member States to address all its calls without delays;
2021/02/18
Committee: ENVIAGRI
Amendment 1139 #

2020/2260(INI)

6e. Calls on the Commission to ensure that the provisions of Regulation (EC) No 1107/2009 are properly applied and thereby guarantee, inter alia, a minimum standard of notifications on emergency authorisations of pesticides, including the need for Member States to provide complete and detailed explanations, and to make those notifications public; welcomes the role of EFSA in examining these derogations;
2021/02/18
Committee: ENVIAGRI
Amendment 1140 #

2020/2260(INI)

Motion for a resolution
Paragraph 6 f (new)
6f. Calls on the Commission to assess the possibility of introducing a levy for the use or/and authorisation of synthetic fertiliser and pesticide products to be used as a source of financing for an EU wide independent monitoring and support for farmers in IPM;
2021/02/18
Committee: ENVIAGRI
Amendment 1141 #

2020/2260(INI)

Motion for a resolution
Paragraph 6 g (new)
6g. Calls for increased transparency of the review process of the EFSA Bee Guidance Document, including as regards the decision on the Strategic protection goals; calls on the Member States and the Commission to ensure that the review process will increase the level of protection of Apis mellifera, Bombus spp. and solitary bees as compared to the intended level by the 2013 EFSA Bee Guidance and that it addresses both chronic and acute toxicity, as well as larvae toxicity on honeybees and other species;
2021/02/18
Committee: ENVIAGRI
Amendment 1142 #

2020/2260(INI)

Motion for a resolution
Paragraph 6 h (new)
6h. Welcomes the ongoing efforts of ECHA to develop a Pollinator Guidance for assessing the risks to arthropod pollinators from biocides exposure to ensure a high and harmonised level of protection of the environment; believes that knowledge and legislative gaps related to toxicity of biocides and veterinary products to pollinators need to be addressed without delays and that the development of alternatives to the most toxic insecticides in veterinary pest management should be promoted;
2021/02/18
Committee: ENVIAGRI
Amendment 1143 #

2020/2260(INI)

Motion for a resolution
Paragraph 6 i (new)
6i. Reiterates its call for a pollinator indicator2a and a restoration target; calls on the Commission and the Member States to secure a new EU-wide pollinator monitoring framework with robust schemes deployed on Member State level, interim milestones, clear time-bound objectives, indicators and targets; stresses that the monitoring activities must be integrated in the new CAP monitoring and evaluation framework; _________________ 2aAs per commitment made in the EU Pollinators Initiative: Action 5C https://ec.europa.eu/environment/nature/c onservation/species/pollinators/documents /EU_pollinators_initiative.pdf
2021/02/18
Committee: ENVIAGRI
Amendment 1144 #

2020/2260(INI)

Motion for a resolution
Paragraph 6 j (new)
6j. Recognises the importance of high-diversity landscape features, which are essential in order to maintain basic ecosystem services, such as pollination or natural pest control, for agricultural production and which increase its productivity in the long term; welcomes the EU target of dedicating at least 10% of agricultural area to this end; recalls the findings of Impact Assessment for CAP3a stating that no significant impacts on production and income would be generated at farm level; _________________ 3a Commission Staff Working Paper: Impact Assessment, SEC(2011) 1153 final/2
2021/02/18
Committee: ENVIAGRI
Amendment 1145 #

2020/2260(INI)

Motion for a resolution
Paragraph 6 k (new)
6k. Appreciates that a majority of Member States have already adopted targets to increase the agricultural area under organic production; believes that setting of a common EU-target of at least 25% is well in reach and reflects the growing demand for organic products in the EU, and calls for its adoption; underlines that eventual yield losses on farm level can be compensated, including by lower costs for fertilisers and synthetic pesticides;
2021/02/18
Committee: ENVIAGRI
Amendment 1146 #

2020/2260(INI)

Motion for a resolution
Paragraph 6 l (new)
6l. Recognises the short and long term costs related to nutrient losses; believes that an urgent action and common targets to reduce nutrient losses by at least 50% and to reduce the use of fertilisers by at least 20% by 2030 are needed in order to reduce air, soil and water pollution, as well as climate impacts and to meet international commitments4a of Member States; _________________ 4aUNEP: Colombo Declaration on Sustainable Nitrogen Management, 2019
2021/02/18
Committee: ENVIAGRI
Amendment 1206 #

2020/2260(INI)

Motion for a resolution
Paragraph 8
8. Calls foron the Commission to approve CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food production; only if they demonstrate their contribution to the Green Deal objectives and its quantified targets; recalls its position adopted on 23 October 2020 calling on the Commission, once National Strategic Plans are approved, to carry out an independent assessment of their aggregated expected impact, and if this analysis reveals an insufficient joint effort in relation to the ambition of the European Green Deal, the Commission should take appropriate action, such as requesting Member States to modify their CAP strategic plans or tabling amendments to the CAP Strategic Plan regulation as voted by the European parliament on 23 October 2020; calls on Member States to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food production; calls for CAP National Strategic Plans to fully contribute to the farm to fork targets and ambition, and to include a national target for organic land based on an analysis of the organic sector’s current development and potential in each Member State as voted by the European parliament on 23 October 2020;
2021/02/18
Committee: ENVIAGRI
Amendment 1210 #

2020/2260(INI)

Motion for a resolution
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains, organic and quality food production; free of harmful chemicals, calls on the national authorities to build on the Recommendations of the Commission4b and ensure compliance with the goals of the farm to fork, biodiversity strategy to 2030 as well as climate law; calls on the Commission to only approve CAP National Strategic Plans if they demonstrate their contribution to European Green Deal objectives and the relevant EU-wide targets; _________________ 4b https://ec.europa.eu/info/publications/staf f-working-document-com-2020-846- recommendations-member-states-regards- their-strategic-plan-cap_en
2021/02/18
Committee: ENVIAGRI
Amendment 1294 #

2020/2260(INI)

Motion for a resolution
Paragraph 9
9. Recalls that the European food system must delivers a sufficient and varied supply of safe, nutritious, healthy, affordable and sustainable food to people at all times; believes that this goal is compliant with existing legislation and newly introduced EU quantitative targets embedded in the farm to fork and biodiversity strategy for 2030, and underlines that increasing the economic, environmental and social sustainability of food producers will ultimately increase their long-term resilience; encourages the Commission to consider the food supply chain and its workers as a strategic asset for the safety and well-being of all Europeans;
2021/02/18
Committee: ENVIAGRI
Amendment 1318 #

2020/2260(INI)

Motion for a resolution
Paragraph 9
9. Recalls that the European food system delivers a sufficient and varied supply of safe, nutritious, and affordable and sustainable food to people at all times and underlines that increasing the economic, environmental and social sustainability of food producers will ultimately increase their resilience; encourages the Commission to consider the food supply chain and its workers as a strategic asset for the safety and well-being of all Europeans;
2021/02/18
Committee: ENVIAGRI
Amendment 1379 #

2020/2260(INI)

Motion for a resolution
Paragraph 11
11. Expresses its deep concern about the emergence of zoonotic diseases that are transferred from animals to humans (anthropozoonoses), such as Q fever, avian influenza and the new strain of influenza A (H1N1), which is exacerbated by anthropogenic climate change, the destruction of biodiversity, environmental degradation and our current food production systems; recalls that 70% of emerging diseases and pandemics have an animal origin according to the IPBES;
2021/02/18
Committee: ENVIAGRI
Amendment 1435 #

2020/2260(INI)

Motion for a resolution
Paragraph 12
12. Calls for primary producers to be supported in making the transition to greater sustainability through the encouragement of cooperation and collective actions as well as through competition rules and the enhancement of possibilities for cooperation within the common market organisations for agricultural, fishery and aquaculture products, and thus for farmers’ and fishers’ position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production; calls for incentives, notably to digital tools, to encourage short food supply chain and farmer markets;
2021/02/18
Committee: ENVIAGRI
Amendment 1515 #

2020/2260(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Strongly supports the introduction of a code of conduct on responsible business and marketing practices and stresses the need for this code to lead to a better distribution of the value added in the food chain by paying a special attention to the remuneration of primary producers.
2021/02/18
Committee: ENVIAGRI
Amendment 1559 #

2020/2260(INI)

Motion for a resolution
Paragraph 14
14. Urges the review of the EU promotion programme for agricultural and food products, including the EU school scheme, with a view to enhancing its contribution to sustainable production and consumption, notably by supporting organic products and focusing on educational messages about the importance of healthy nutrition and promoting greater consumption of fruit and vegetables with the aim of reducing obesity rates;
2021/02/18
Committee: ENVIAGRI
Amendment 1586 #

2020/2260(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Welcomes Council Conclusions of 15 December 2020 on an EU-wide animal welfare label; recalls that a majority of European citizens are interested in receiving information on farmed animal welfare when buying animal products; calls on the Commission to develop a harmonised multi-tiered animal welfare labelling system clearly and concisely indicating the methods used for the production during the rearing, transport and slaughter and underpinned by science-based animal welfare indicators, including minimum EU standards and exceeding them, empowering consumers to make informed choices;
2021/02/18
Committee: ENVIAGRI
Amendment 1591 #

2020/2260(INI)

Motion for a resolution
Paragraph 14 c (new)
14c. Urges the Commission to revise, improve and expand the animal welfare acquis in the light of the latest scientific evidence and to introduce updated science-based species-specific animal welfare requirements for all farmed species, with special attention to the stunning methods and parameters used before slaughter and to ensure effective protection to all the animals transported for commercial reasons, to stop long- distance transports, and to promote a meat and carcasses and genetic material intra- and extra-EU trade; demands that the ‘One Welfare’ approach should guide the review process;
2021/02/18
Committee: ENVIAGRI
Amendment 1596 #

2020/2260(INI)

Motion for a resolution
Paragraph 14 e (new)
14e. Welcomes the recognition that better animal welfare improves animal health and reduces the need for medication, while also contributing to protecting biodiversity; calls on the Commission to proactively promote a decisive transition towards higher animal welfare and nature-inclusive farming and aquaculture practices, which can deliver ecological services while also better safeguarding animal and human health and welfare;
2021/02/18
Committee: ENVIAGRI
Amendment 1608 #

2020/2260(INI)

Motion for a resolution
Paragraph 15
15. Recalls the need to promote effective Agricultural Knowledge and Innovation Systems (AKIS), enabling all food chain actors to become sustainable by speeding up innovation and accelerating knowledge transfer, in particular the implementation of Integrated Pest Management for every crop; recalls, in addition, the need for a farm sustainability data network to set benchmarks for farm performance and document the uptake of sustainable farming practices, while allowing for the precise and tailored application of new production approaches at farm level by providing farmers with access to fast broadband connections;
2021/02/18
Committee: ENVIAGRI
Amendment 1671 #

2020/2260(INI)

Motion for a resolution
Paragraph 16
16. Calls for measures to reduce the burden that highly processed foods with high salt, sugar and fat content, food improvement agents, pesticide residues and harmful chemicals and their mixtures place on public health; regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt; calls for a mandatory EU-wide front-of-pack nutrition labelling system based on independent science;
2021/02/18
Committee: ENVIAGRI
Amendment 1699 #

2020/2260(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Stresses that in order to be able to make an informed choice, information on the content of food, including impurities, presence of residues of harmful chemicals, such as from food-contact materials and pesticides, have to be known to consumers and incorporated in the food labelling schemes;
2021/02/18
Committee: ENVIAGRI
Amendment 1701 #

2020/2260(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls on the Commission to work on a European Force against food fraud to enhance coordination between the different relevant national agencies in order to ensure the implementation of EU food standards both within the EU single market and regarding our imports;
2021/02/18
Committee: ENVIAGRI
Amendment 1713 #

2020/2260(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Welcomes the Commission initiative aiming at improving origin- labelling and extending it to a wider range of products; calls for building as soon as possible a comprehensive, harmonised and mandatory EU origin-labelling scheme, as a way to protect and promote EU agri-food products;
2021/02/18
Committee: ENVIAGRI
Amendment 1714 #

2020/2260(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Calls on the Commission to work on a European Force against food fraud to enhance coordination between the different relevant national agencies in order to ensure the implementation of EU food standards both within the EU single market and regarding our imports;
2021/02/18
Committee: ENVIAGRI
Amendment 1721 #

2020/2260(INI)

Motion for a resolution
Paragraph 16 c (new)
16c. In the case of imported agri-food products, calls for the labelling of origin with the mention EU or if not EU with the name of the 3rd country(ies) clearly mentioned for all processed products and in all the food services/catering;
2021/02/18
Committee: ENVIAGRI
Amendment 1744 #

2020/2260(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Recalls its call to extend the EU generic risk assessment across the legislation to prevent the exposure of consumers to hazardous substances in food;
2021/02/18
Committee: ENVIAGRI
Amendment 1746 #

2020/2260(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Believes that to encourage circularity in the food sector and trust in recycled materials, supply chains and final consumers have to have the information about the identity and safety of chemicals in and migrating from food contact materials and articles; recalls to this aim its call to apply equal safety requirements for virgin and recycled materials and to ensure traceability of hazardous chemicals throughout articles’ life-cycles;
2021/02/18
Committee: ENVIAGRI
Amendment 1782 #

2020/2260(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environmentsector in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets, free from synthetic chemicals; reiterates the importance of promoting sustainable diets by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; underlines that food prices must send the right signal to consumers; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice, including organic products, should become the most affordable one;
2021/02/18
Committee: ENVIAGRI
Amendment 1927 #

2020/2260(INI)

Motion for a resolution
Paragraph 21
21. Considers that the further development of plant protein production and alternative sources of protein in the EU is a way of effectively addressing many of the environmental and climate challenges that EU agriculture is facing, as well as preventing deforestation in countries outside the EU; calls on the European Commission and the Member States to work on a solid strategy to boost the production of protein crops, with particular emphasis on leguminous crops, taking into account the benefits they bring to the environment;
2021/02/18
Committee: ENVIAGRI
Amendment 1956 #

2020/2260(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Underlines the strong link between our food system and global deforestation; calls on the Commission to present a legislative proposal on the basis of the European Parliament resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation (2020/2006(INL));
2021/02/18
Committee: ENVIAGRI
Amendment 1985 #

2020/2260(INI)

Motion for a resolution
Paragraph 22
22. Calls for a revision of public and private procurement legislation, including minimum mandatory criteria in schools and other publicpublic and private institutions to encourage organic and local food productionsourcing and to promote more healthysustainable diets by creating a food environment that enables consumers to maketch their healthy choices with availability of supply;
2021/02/18
Committee: ENVIAGRI
Amendment 2078 #

2020/2260(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. In the context of the UK Trade Deal, reiterates its the position of voted on January 27, 2021 regarding the links between food safety and Brexit, that the EU should have a proper coordination process to avoid uneven control checks on UK goods at EU ports;
2021/02/18
Committee: ENVIAGRI
Amendment 2085 #

2020/2260(INI)

Motion for a resolution
Paragraph 24 b (new)
24b. Opposes the reauthorization of the active substance glyphosate after December 31, 2022; calls on all Member States to carry out the relevant preparatory work to provide all farmers with viable alternative solutions after the ban of glyphosate;
2021/02/18
Committee: ENVIAGRI
Amendment 2088 #

2020/2260(INI)

Motion for a resolution
Paragraph 24 c (new)
24c. Stresses that EFSA links with industry-funded groups, in particular in assessing the risks of GM foods and pesticides law are eroding public confidence; Calls EFSA to provide clear and transparent reasons when selecting and excluding studies from the peer- reviewed literature; Calls EFSA to make accessible all data and information on which it bases risk assessments; urges the Commission to establish independent peer-reviews to EFSA’s opinions;
2021/02/18
Committee: ENVIAGRI
Amendment 2116 #

2020/2260(INI)

Motion for a resolution
Paragraph 25
25. Underlines the importance EU funding forof EU resources for collection of data, reporting, assessment, research and innovation as a key driver in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage agro- ecological practices in both social and technological innovation, and the crucial role of implementing the various practices of Integrated Pest Management and independent farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the exist and ensuring specialised training systems for farmers in Member States; believes that the boosting of innovation must be in synergy with the application of precautionary principle;
2021/02/18
Committee: ENVIAGRI
Amendment 2159 #

2020/2260(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Calls on the Member States to carry out systematic, standardised field monitoring of biodiversity on farmland, including pollinators, involving both professionals, farmers and citizen scientists and to use the data to help evaluate EU policies and their implementation;
2021/02/18
Committee: ENVIAGRI
Amendment 2169 #

2020/2260(INI)

Motion for a resolution
Paragraph 25 b (new)
25b. Welcomes the interconnectedness of the farm to fork strategy and the Biodiversity Strategy to 2030; believes that both strategies have got highly synergistic effects and that no meaningful progress in nature protection and restoration can be achieved without transformation of our food system into more healthy and environmentally-friendly set-up;
2021/02/18
Committee: ENVIAGRI
Amendment 2191 #

2020/2260(INI)

Motion for a resolution
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU regulations, standards and standards of production, such as animal welfare, feed for animals, transport conditions, traceability, food waste, antimicrobial resistance, use of phytosanitary products, climate neutrality; calls for third party audit and certification bodies to be involved in all stages of manufacturing of imported products, and to make these audits and/or certifications compulsory for importers and based on an EU reference frame built on F2F objectives, and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomes the Commission’s intention to take the environmental impacts of requested import tolerances into account; insists on compliance and respect of the Paris agreement by any party involved in a trade agreement with the EU;
2021/02/18
Committee: ENVIAGRI
Amendment 2198 #

2020/2260(INI)

Motion for a resolution
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU regulations and standards and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomstrongly encourages the Commission’s intention to take the environmental impacts of requested import tolerances into account and therefore calls on the Commission to review Regulation (EC) No 396/2005 on Maximum Residue Levels of pesticides (MRL) to incorporate animal health and the environmental risks as criteria of the legislation; considers it as a way to ensure a fair treatment for EU farmers who endeavours to protect biodiversity as well as to ensure them a level-playing field;
2021/02/18
Committee: ENVIAGRI
Amendment 2210 #

2020/2260(INI)

Motion for a resolution
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU rleguislations and equivalent safety standards and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomes the Commission’s intention to take the environmental impacts of requested import tolerances into account; underlines that the EU rules for international trade should not lead to increased MRLs of hazardous pesticides;
2021/02/18
Committee: ENVIAGRI
Amendment 2248 #

2020/2260(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. As trade has to be taken into account in a transition towards more sustainable and resilient agri-food systems, calls on the Commission to integrate the sustainability and food security objectives of the F2F in its review on going of the EU Trade Policy; in the context of this review, calls on the Commission to build a dedicated framework for agri-food products in trade relations, in order to ensure our food sovereignty and security, and protect and promote EU sustainable agri-food standards and EU quality schemes;
2021/02/18
Committee: ENVIAGRI
Amendment 2263 #

2020/2260(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Calls again the Commission to provide for the enforceability of Trade and Sustainable Development (TSD) Chapter of our Free Trade Agreements; is of the opinion that this should be done through the inclusion of proportionate and progressive sanction provisions in TSD chapters;
2021/02/18
Committee: ENVIAGRI
Amendment 2281 #

2020/2260(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Emphasises that the EU-Mercosur agreement cannot be ratified as it stands since, inter alia, it does not ensure biodiversity protection, in particular in the Amazonia nor does it bring guarantees as regards farming standards;
2021/02/18
Committee: ENVIAGRI
Amendment 2285 #

2020/2260(INI)

Motion for a resolution
Paragraph 26 c (new)
26c. Emphasises that the EU-Mercosur agreement cannot be ratified as it stands since, inter alia, it does not ensure biodiversity protection, in particular in the Amazonia nor does it bring guarantees as regards farming standards;
2021/02/18
Committee: ENVIAGRI
Amendment 302 #

2020/2215(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Recalls that stereotypes and taboo surrounding menstruation remain widespread in our societies, and that these can delay diagnosis of diseases such as the endometriosis disease, which despite affecting 1 women on 10 of reproductive age, being the first cause of women's infertility, causing chronic pelvic pain, has a median delay of 8 years for its diagnosis and for which there is no cure ; Calls on Member states to ensure comprehensive and scientifically accurate education about menstruation, to raise awareness and to launch major information campaigns on endometriosis targeting the public, healthcare professionals and legislators, and to invest on research about the causes and treatments of this disease;
2020/12/14
Committee: FEMM
Amendment 15 #

2020/2124(INI)

Motion for a resolution
Recital B a (new)
B a. whereas the EIB plays an important role in the EU's strategy to tackle climate- and environmental-related challenges - challenges that are this generation's defining task, as outlined by the Commission, with EUR 350 billion of additional investments needed annually to achieve the updated 2030 climate and energy targets;
2021/03/10
Committee: ECON
Amendment 19 #

2020/2124(INI)

Motion for a resolution
Recital B b (new)
B b. whereas the EIB, being the world’s largest multilateral borrower and lender, and jointly owned by EU Member States, is the EU’s natural partner for the implementation of financial instruments, in close cooperation with national and multilateral financial institutions;
2021/03/10
Committee: ECON
Amendment 31 #

2020/2124(INI)

Motion for a resolution
Paragraph 1 – point 1 (new)
(1) Recognises that the pandemic has reinforced the need for the EU and Member States to redirect capital flows towards climate adaptation and mitigation projects, to make our economies, businesses and societies, more resilient to climate and environmental shocks and risks;
2021/03/10
Committee: ECON
Amendment 45 #

2020/2124(INI)

(1) Welcomes the decision of the EIB to use the EU Taxonomy for the purposes of tracking, accounting and reporting climate action and environmental sustainability finance for all operations signed as of 1 January 2021; further calls on other public banks to follow this example;
2021/03/10
Committee: ECON
Amendment 96 #

2020/2124(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the EIB’s climate leadership in becoming the EU’s Climate Bank with the adoption of an ambitious Climate Bank Roadmap in November 2020; further welcomes the proposal to increase EIB financing for climate action and environmental sustainability, including renewable energies, from around 30 % to at least 50 % by 2025, which would unlock investment of more than EUR 1 trillion over the next decade;
2021/03/10
Committee: ECON
Amendment 104 #

2020/2124(INI)

Motion for a resolution
Paragraph 14 – point 1 (new)
(1) Welcomes the new Climate Risk Assessment (CRA) system established to assess the physical climate risk in direct lending; and suggests that the EIB propose in its action plans harmonised screening methods, using where appropriate the Taxonomy regulation, for national, regional and local project developers to ensure that economic activities, ecosystems and infrastructure are resilient to current and projected future climatic conditions;
2021/03/10
Committee: ECON
Amendment 105 #

2020/2124(INI)

Motion for a resolution
Paragraph 14 – point 2 (new)
(2) Welcomes the new EIB Energy lending policy and its commitment to end investments in fossil fuels by the end of 2021; therefore calls on the EIB to assess the compatibility of investments made in 2021 towards high-carbon projects with the updated 2030 climate targets;
2021/03/10
Committee: ECON
Amendment 150 #

2020/2124(INI)

Motion for a resolution
Paragraph 19 – point 1 (new)
(1) Calls on the EIB to set green transition contracts for high emitting sectors to ensure that they will align their business model with climate neutrality;
2021/03/10
Committee: ECON
Amendment 177 #

2020/2124(INI)

Motion for a resolution
Paragraph 24
24. Calls forHighlights that climate change is the most significant challenge to achieving sustainable development, as it threatens to worsen living conditions and poverty; therefore calls on the EIB to prioritise investment in infrastructure that helps third countries to realise the UN Sustainable Development Goals and thatstrengthen their resilience to climate change, while deliversing on social and environmental justice, public services and fair economic opportunities for citizens;
2021/03/10
Committee: ECON
Amendment 179 #

2020/2124(INI)

Motion for a resolution
Paragraph 24 – point 1 (new)
(1) Appreciates that the EIB will further reinforce its support to green investment outside the EU, based on an effective implementation of EU climate and energy diplomacy, which will help underlining the EU’s role as a global leader on climate and environmental sustainability;
2021/03/10
Committee: ECON
Amendment 228 #

2020/2124(INI)

Motion for a resolution
Paragraph 29
29. Welcomes the fact that the EIB will review its environmental and social standards and calls for a wide and inclusive public consultation on these issues; invitescalls on the EIB to take account of the do-no harm principleinclude the do-no significant harm principle as referred in the EU Taxonomy Regulation in its operations; calls on the EIBand to take this opportunity to strengthen its human rights policy;
2021/03/10
Committee: ECON
Amendment 11 #

2020/2085(INI)

Draft opinion
Recital A a (new)
Aa. whereas European citizens are increasingly concerned about animal suffering and improving the welfare of farm animals is an insistent and important demand from consumers; whereas high animal welfare standards contribute to the quality of products and farmers must be able to benefit from all the necessary support from the European Union to meet the expectations of European consumers by making a transition to models that better respect animal sensitivity;
2021/06/25
Committee: ENVI
Amendment 77 #

2020/2085(INI)

Draft opinion
Paragraph 1 a (new)
1a. Recalls that the COVID 19 pandemic has showed the interconnection between the health of humans, animals and the environment as evidenced notably by the case of animals bred for their fur; insists on the need to improve animal health in animal agriculture as part of the One Health approach ; calls on the European Commission to also develop the One Welfare approach as part of the revision of the legislation on animal welfare;
2021/06/25
Committee: ENVI
Amendment 88 #

2020/2085(INI)

Draft opinion
Paragraph 1 b (new)
1b. Takes note of the citizens' initiative "End the Cage Age" and calls for the revision of Directive 98/58 which would provide for a phasing out of cage farming systems as soon as possible as well as adequate measures to support farmers in this transition and ensure a fair level playing field;
2021/06/25
Committee: ENVI
Amendment 92 #

2020/2085(INI)

Draft opinion
Paragraph 1 c (new)
1c. Stresses that legislation relating to the welfare of farm animals must be species specific and should be compatible with scientific data relating to animal sensitivity and be updated as scientific knowledge evolves;
2021/06/25
Committee: ENVI
Amendment 106 #

2020/2085(INI)

Draft opinion
Paragraph 2
2. Welcomes the Council’s efforts to promote the development of an EU animal welfare label based on harmonised and technically substantiated criteria; takes the view that this label should provide consumers with information relating to all stages of the life of farm animals from birth including transport and slaughter;
2021/06/25
Committee: ENVI
Amendment 112 #

2020/2085(INI)

Draft opinion
Paragraph 2 a (new)
2a. Deplores the low level of checks on compliance with animal welfare legislation; calls for increased efforts in monitoring implementation and for the use of harmonised and appropriate sanctions in all Member States; calls on the European Commission to launch infringement procedures against Member States that fail to meet their animal welfare obligations without delay;
2021/06/25
Committee: ENVI
Amendment 126 #

2020/2085(INI)

Draft opinion
Paragraph 2 b (new)
2b. Encourages the Member States to strengthen awareness of animal welfare in the context of school courses and in particular in agricultural training courses;
2021/06/25
Committee: ENVI
Amendment 143 #

2020/2085(INI)

3a. Welcomes the renewing of the mandate of the Platform on Animal Welfare by the European Commission; takes the view that exchanges of good practices should be further strengthened and that the experts of the Platform should be entitled to make recommendations for new legislation or revising existing ones where needed;
2021/06/25
Committee: ENVI
Amendment 199 #

2020/2085(INI)

Draft opinion
Paragraph 5
5. Points out that individual management practices often have a greatersubstantial influence on animal welfare than rules alone; calls on the Commission to adopt a more output-oriented approach to future projects;
2021/06/25
Committee: ENVI
Amendment 203 #

2020/2078(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the refocus of the European Semester Spring Package aimed at providing an immediate economic policy response to tackle and mitigate the health and socio-economic impact of COVID-19 and reboot economic activity; supports the Commission’s announcement of a reform of the European Semester to convert it into a tool to coordinate the recovery measures, framed by the principles of the EGD, the EPSR and the SDGs; is convinced that this has to include the coordination of measures concerning state aid and tax policies; underlines the need for the integration of a new set of binding sustainability and wellbeing indicators and alternative measurements of growth performance; x policies; is also convinced that the reform must extend, without weakening the current EU economic governance process, the European Semester by complementing the current approach, based on fiscal and budgetary discipline, with climate and environmental discipline; calls, therefore, on the Commission to develop a new climate indicator, mirroring the economic indicators, to assess the discrepancy between the structure of Member States’ budgets and Paris-aligned scenario for each of their national budgets; stresses the need for this indicator to provide Member States with an indication on their temperature trajectory within the framework of the Paris Agreement, thus enabling the extended European Semester to provide recommendations on the decrease of their climate debt;
2020/07/13
Committee: ECON
Amendment 255 #

2020/2078(INI)

Motion for a resolution
Paragraph 16
16. Invites the Commission to explore new policies suggested by international institutions that support and contribute to financing a just transition and sustainable growth, as well as aiming to restore Member States’ public finances; calls for the newEU leaders and the Commission to take bold decisions to urgently put in place a basket of new own resources to include income stemming from EU policies favouring both the implementation of environmental protection and the preservation of a fair single market; recalls that these own resources need to be put in place as quickly as possible, and at least as of 2021, and to be permanent; underlines that all financing for the EU Recovery Instrument must be financed on top of existing and upcoming EU policies and must not affect the long-term priorities of the Union and its strategic objectives, nor result in smaller MFFs;
2020/07/13
Committee: ECON
Amendment 84 #

2020/2075(INI)

Motion for a resolution
Paragraph 4
4. Considers that economic indicators and adjustment paths need to be interpreted cautiously, and therefore calls for the code of conduct of the Stability and Growth Pact to be revised vis-à-vis the benchmarks needed to calculate such adjustment needs and paths; stresses that fiscal guidance should avoid pro-cyclical biases, promote upward convergence and sustainable, inclusive and digital growth in line with the European Green Deal and the implementation of the European Pillar of Social Rights, and counteract macroeconomic imbalances; calls for special accounting treatmentearmarking for loans from Next Generation EU (NGEU) related spending;
2021/04/23
Committee: ECON
Amendment 93 #

2020/2075(INI)

Motion for a resolution
Paragraph 5
5. Calls for a continued expansionary fiscal stance for as long as needed and for it to be shifted to support the recovery from the COVID-19 pandemic and a green, digital and inclusive transformation while ensuring fiscal sustainability; stresses that a premature withdrawal of support should be avoided and that the shift in fiscal policy should be gradual;
2021/04/23
Committee: ECON
Amendment 106 #

2020/2075(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Member States to embed the high-quality fiscal support in credible medium-term frameworks, bearing in mind that emergency fiscal policy measures are temporary, limited and targeted; calls on the Member States to monitor fiscal risks, namely contingent liabilities, as appropriate;
2021/04/23
Committee: ECON
Amendment 224 #

2020/2075(INI)

Motion for a resolution
Paragraph 15
15. Calls on the Commission to relaunch the debate on the reform of the economic governance of the Union with a view to coming forward with a comprehensive, forward looking legislative proposal by the end of 2021; calls for a rethink of EU fiscal rules, also in view of the legacies of the pandemic, and supports the EFB’s conclusion that the fiscal framework has to be adapted;
2021/04/23
Committee: ECON
Amendment 309 #

2020/2075(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Stresses that an updated EU fiscal framework must act as an enabler to achieve the objective of the Green Deal and bridge the climate-friendly investment gap;
2021/04/23
Committee: ECON
Amendment 315 #

2020/2075(INI)

Motion for a resolution
Paragraph 23
23. Stresses that governments’ revenues are essential to guarantee the sustainability of public finances; calls on the Member States to take action to tackle tax fraud, tax avoidance, and tax evasion, as well as money laundering, including the full transposition of the relevant European legislation into national legislation; Welcomes the Commission’s Action plan for a comprehensive Union policy on preventing money laundering and terrorism financing and calls for an ambitious legislative proposal with enforced European level supervision, competences and resources, as detailed in Parliament’s resolution B9-0207/2020;
2021/04/23
Committee: ECON
Amendment 328 #

2020/2075(INI)

Motion for a resolution
Paragraph 24
24. Agrees with the opinion of the EFB and others21 that a deepening of the Economic and Monetary Union (EMU) would be helped by a central fiscal capacity, which could help cushion idiosyncratic shocks, whether common or country-specific, in a timely manner; recalls in this regard the need to create the role of EU Treasury Secretary in order to reinforce its democratic responsibility in line with the Commission Communication of 6 December 2017, “Further Steps Towards Completing Europe’s Economic and Monetary Union: A Roadmap”; _________________ 21International Monetary Fund and the European Central Bank.
2021/04/23
Committee: ECON
Amendment 374 #

2020/2075(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Calls on the Commission to start working on the creation of a climate indicator to assess the discrepancy between the structure of Member States’ budgets and the Paris-aligned scenario for each of their national budgets; stresses the need for this indicator to provide Member States with information on their trajectory within the framework of the Paris Agreement in order to ensure that Europe is able to become the first climate-neutral continent by 2050; expects the climate indicator to be a reference for the EU’s various policies and thus also to be used as a guide for the European Semester, without watering down its original purpose;
2021/04/23
Committee: ECON
Amendment 7 #

2020/2070(INI)

Draft opinion
Paragraph 1
1. Welcomes the announcement of a renovation wave as part of the European Green Deal that will deliver on several of EU key objectives, including increasing energy efficiency, CO2 savings and reducing energy poverty;; urges the Commission to present it as planned, given that it is a key element of the post-COVID- 19 recovery plan; calls on the Member States to step up large-scale renovation plans under the national energy and climate plans (NCEPs) and Long-Term Renovation Strategies;
2020/05/13
Committee: ENVI
Amendment 17 #

2020/2070(INI)

Draft opinion
Paragraph 1 a (new)
1a. Underlines that the renovation wave should be a priority area of the future economic recovery plans, by fostering local jobs, enabling local economies to develop, while decarbonising the sector and providing citizens with healthy buildings with low energy bills; therefore calls on the Commission, in the context of the recovery, to draft clear guidelines for Member States elaborating on how to make the future Renovation Wave a success;
2020/05/13
Committee: ENVI
Amendment 23 #

2020/2070(INI)

Draft opinion
Paragraph 1 b (new)
1b. Points out that the European Commission estimates in a recent study that the average annual energy renovation rate in the EU is at 1%,and that deep energy renovation only represents 12% of all those renovations, stresses that it is below the needed 3% annual energy renovation rate and well below the needed depth of renovation to achieve climate neutrality by 2050; recalls that buildings renovations represent the biggest investments gap to meet the EU climate and energy goals for the next decade according to the Commission;
2020/05/13
Committee: ENVI
Amendment 40 #

2020/2070(INI)

Draft opinion
Paragraph 2 a (new)
2a. Considers that the Renovation Wave is an opportunity to accelerate circularity in the construction sector; calls on the Commission to propose concrete measures on these issues as part of the Circular Economy Action Plan and the Sustainable Built Environment Strategy;
2020/05/13
Committee: ENVI
Amendment 98 #

2020/2070(INI)

Draft opinion
Paragraph 7
7. Stresses that homeowners and, housing associations and local authorities should be supported in climate-proofing their building stock and built environment, for example through grants or financial instruments based on the additionality of multiannual financial framework (MFF) funding, national budgets and private sector sources;
2020/05/13
Committee: ENVI
Amendment 5 #

2020/2058(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission communication on the Sustainable Europe Investment Plan (COM(2020)0021), which aims to enable a just and well-managed transition towards a resilient and sustainable society; emphasises that it is imperative that the EU reachieve the revised 2030 and 2050 climate and biodiversity goals and reach its commitments under the Paris Agreement its commitments under the Paris Agreement and achieve its Green Deal´s environmental and climate objectives, including biodiversity goals, truly circular economy and climate neutrality by 2050, based on the best available science;
2020/06/09
Committee: ENVI
Amendment 17 #

2020/2058(INI)

Draft opinion
Paragraph 1 a (new)
1a. Welcomes the European Commission’s Recovery Plan putting the European Green Deal at the centre of a European Green Recovery; stresses the importance that the national recovery and resilience plans act as accelerators of Member States transition towards a circular and climate neutral economy;
2020/06/09
Committee: ENVI
Amendment 21 #

2020/2058(INI)

Draft opinion
Paragraph 1 b (new)
1b. Calls on the European Commission to develop the first recovery plan aligned with the Paris agreement, therefore calls on the European Commission to bridge the climate friendly investment gap and to ensure that public investments made through Next Generation EU respect the “Do no harm” principle, that climate-relevant investments are in line with the EU Taxonomy Regulation and that national recovery plans are aligned with National Energy and Climate Change Plans (NECP);
2020/06/09
Committee: ENVI
Amendment 30 #

2020/2058(INI)

Draft opinion
Paragraph 2
2. Expects a new,Believes that unprecedented MFF with an increased climate-related spending target of at least 40 % by 2027 at latest, endowed with fresh money, and enhanced and new EU own resources, musto be at the heart of the green transition in order for the EU to meet its obligations under the Paris Agreement;
2020/06/09
Committee: ENVI
Amendment 70 #

2020/2058(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the Commission’s European Recovery Plan with the European Green Deal at its heart; endorses the underlying principle that public investments wishall respect the oath to ‘do no harm’; emphasises that national recovery and resilience plans should put the EU on the path to a 50 % to 55 % reduction in greenhouse gas emissions by 2030 compared to 1990 and climate neutrality by 2050, thus ensuring Member States’ transition towards a circular and climate neutral economy;
2020/07/03
Committee: BUDGECON
Amendment 81 #

2020/2058(INI)

Draft opinion
Paragraph 4
4. Insists that all EU-supported investments be subject to the EU taxonomy for sustainable activities and the Paris- aligned and Climate Transition Benchmarks; calls on the Commission to propose a ‘brown’ taxonomy and enhanced social sustainability criterias recommended by the European Central Bank and the Central Banks and Regulators network for Greening the Financial System;
2020/06/09
Committee: ENVI
Amendment 99 #

2020/2058(INI)

Draft opinion
Paragraph 5
5. Emphasises the European Parliament’s demand that at least 40 % of investments under the InvestEU programme should contribute to climate, environment and biodiversity objectives; believes that the green finance gap is surmountable;
2020/06/09
Committee: ENVI
Amendment 115 #

2020/2058(INI)

Motion for a resolution
Paragraph 4
4. Questions whether the SEIP, as currently constituted, will enable the mobilisation of EUR 1 trillion by 2030, given the negative economic outlook following the COVID-19 crisis; requests the Commission to ensure full transparency on financing issues, such as the optimistic leverage effect or the lack of clarity over the extrapolations of certain amounts; furthermore questions how the new MFF as proposed by the Commission in its revised proposals of 27 and 28 May 2020 would enable the achievement of the SEIP targets; underlines that the SEIP is an EU long-term goal and cannot be undermined by lower MFFs in the future that would allocate a large part of money to the repayment of the borrowing;
2020/07/03
Committee: BUDGECON
Amendment 116 #

2020/2058(INI)

Draft opinion
Paragraph 7
7. Urges the Commission to come forward with an EU taxonomy for the public sector and a green public procurement regulation; Calls therefore on the Commission to disclose which part of the Union’s expenditure is compliant with the taxonomy categories as set out in the Regulation (EU)2020/[Taxonomy Regulation] and to adopt an updated tracking methodology to monitor and report trends regarding capital flows towards sustainable investment as per the taxonomy regulation (EU) 2020 /… [Taxonomy Regulation] of the European Parliament and of the Council
2020/06/09
Committee: ENVI
Amendment 126 #

2020/2058(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls on the Commission to use the Taxonomy to direct and track climate and environment spending in all EU public funding including the next MFF, Next GenerationEU including the Solvency support instrument, InvestEU and the EU recovery and resilience facility fund and EIB funds, in order to enhance the climate and environmental tracking system for better monitoring progress;
2020/06/09
Committee: ENVI
Amendment 132 #

2020/2058(INI)

Draft opinion
Paragraph 8
8. Calls on the Commission to revise State aid rules to allow public support forset common minimum standards in order to specify the requirement for companies receiving financial assistance to be in line with climate neutrality and to require large companies in high emitting sectors asking for support to set and publish a transition plan to align their operations with the Paris Agreement and the European Green Deal an, stresses the need to reform the European Semester to deepen the inclusion of the Sustainable Development Goals and the European Pillar of Social Rights;
2020/06/09
Committee: ENVI
Amendment 141 #

2020/2058(INI)

Draft opinion
Paragraph 8 a (new)
8a. Calls on the Commission to ask beneficiaries of its financial instruments in high emitting sectors, including projects supported by the European Investment Bank, to carry out a climate adaptation stress test, points out that if the beneficiary fails the climate adaptation stress test, they shall not be eligible to the Union’s financial instrument; stresses that the European Commission should provide guidance to beneficiaries, based on the EU Strategy on adaptation to climate change and the European Environment Agency’s data on how to align an investment project with climate adaptation requirements; stresses the need for such guidance to use appropriately the criteria established by [Regulation on establishment of a framework to facilitate sustainable investment]
2020/06/09
Committee: ENVI
Amendment 152 #

2020/2058(INI)

Draft opinion
Paragraph 9
9. Calls for any investments that are necessary for climate mitigation, adaptation and the just transition to be exempted from the Ston the Commission to extend the European Semester process by complementing the current approach, based on fiscal and budgetary discipline, with climate and environmental discipline, without watering down European Semester; calls therefore on the European Commission to develop a new climate indicator, mirroring the economic indicators, to assess the discrepancy between the structure of Member States budget and progress towards Paris- aligned scenario for each of their national budget; stresses the need for this indicator to provide Member States with an indication on their trajectory of temperature under the framework of the Paris Agreement, thus enability and Growth Pact.ng the European Semester to provide recommendations about the decrease of their climate debt;
2020/06/09
Committee: ENVI
Amendment 161 #

2020/2058(INI)

Draft opinion
Paragraph 9 a (new)
9a. Considers that the future renewed EU sustainable finance strategy is a major opportunity to accelerate the transition towards more sustainable retail investment; calls therefore on the Commission to propose the necessary legislative measures to incentivize citizens to invest in sustainable finance, based on the criteria established by[Regulation on establishment of a framework to facilitate sustainable investment]
2020/06/09
Committee: ENVI
Amendment 169 #

2020/2058(INI)

Draft opinion
Paragraph 9 b (new)
9b. Welcomes the new energy lending policy of the EIB and calls on the institution to develop as part of its “Climate Bank Roadmap 2021-2025” a clear and transparent methodology using the Taxonomy to ensure that all the projects financed will be aligned with the temperature goals of the Paris Agreement, consistent with the transition towards a climate neutral economy and “do no significant harm” to biodiversity and ecosystems.
2020/06/09
Committee: ENVI
Amendment 174 #

2020/2058(INI)

Draft opinion
Paragraph 9 c (new)
9c. Considers that the ECB has the fight against climate change and the promotion of sustainability in its mandate; therefore calls on the ECB to undertake its monetary policy strategy review to align its collateral framework with the Paris agreement and to disclose annually its level of alignment with the Paris agreement while setting a clear roadmap with targets - using appropriately the EU Taxonomy for these actions where relevant;
2020/06/09
Committee: ENVI
Amendment 178 #

2020/2058(INI)

Draft opinion
Paragraph 9 d (new)
9d. Calls on the European Supervisory Authorities (ESAs), together with national competent authorities (NCAs), to develop annual climate stress tests on financial institutions they supervise, as currently discussed notably in the Central Banks and Regulators Network for Greening the Financial System (NGFS), in order to understand where and how far climate- related financial risks sit in portfolios of relevant EU financial institutions
2020/06/09
Committee: ENVI
Amendment 180 #

2020/2058(INI)

Draft opinion
Paragraph 9 e (new)
9e. Calls on the Commission to revise the Non-Financial Reporting Directive and to table a new legislation on corporate governance to ensure that all large companies operating in carbon- intensive sectors develop and publish their carbon emission reduction targets and transition plans in order to align their business with the Paris Agreement
2020/06/09
Committee: ENVI
Amendment 181 #

2020/2058(INI)

Draft opinion
Paragraph 9 f (new)
9f. Calls on the Commission to ensure that biodiversity-related risks, impacts and dependencies are integrated in relevant EU legislation, including the Non- Financial Reporting Directive, the delegated acts of the Disclosure Regulation and other relevant corporate and financial legislation
2020/06/09
Committee: ENVI
Amendment 212 #

2020/2058(INI)

Motion for a resolution
Paragraph 9
9. Underlines the fact that, in order to meet its obligations under the Paris Agreement, the EU’s contribution to the climate objectives should be underpinned by an ambitious share of climate and biodiversity-related expenditure in the EU budget, going beyond the levels of targeted spending shares of at least 25 % over the MFF 2021-2027 period and of 30% as soon as possible and at the latest by 2027aims, therefore, to achieve climate and biodiversity mainstreaming spending levels of 30% and 10% respectively;
2020/07/03
Committee: BUDGECON
Amendment 238 #

2020/2058(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the proposal to top up the Just Transition Fund (JTF), including with additional funds from Next Generation EU, and the two additional pillars of the Just Transition Mechanism, namely a dedicated scheme under InvestEU and a public sector loan facility, which will contribute to alleviating the economic effects of the transition to climate neutrality on the most vulnerable and CO2 intensive regions in the EU;
2020/07/03
Committee: BUDGECON
Amendment 261 #

2020/2058(INI)

Motion for a resolution
Paragraph 11
11. Welcomes the role of InvestEU in the implementation and functioning of the SEIP and considers that it should be at the heart ofplay a key role in the Union’s green, fair and resilient recovery; welcomes, therefore, the Commission’s proposal to increase the programme’s size and scope; welcomes the proposal to create a Strategic Investment Facility within InvestEU to promote sustainable investments in key technologies and value chains;
2020/07/03
Committee: BUDGECON
Amendment 292 #

2020/2058(INI)

Motion for a resolution
Paragraph 14
14. Reaffirms its previous position regarding candidates for new own resources, and calls on the Commission to propose new own resources which correspond to essential EU objectives including the fight against climate change and the protection of the environment; asks, therefore, for the introduction of new own resources based on the auction revenues of the Emissions Trading System, a contribution on non-recycled plastic packaging waste, the future Carbon Border Adjustment Mechanism, a Common Consolidated Corporate Tax Base or a precursor based on oper, a tax on large digital companies, and a financial transaction tax; asks the Commission to provide details about the own resources presented in its Communications of large enterprises, a tax on digital companies, and a financial transaction tax; 27 May 2020 on the Recovery Plan as soon as possible; considers that a clear calendar establishing a binding introduction of new own resources in the course of the next MFF is necessary; recalls its position in favour of new own resources destined to repay at least the capital and the interests of the borrowing implied by the Recovery Instrument;
2020/07/03
Committee: BUDGECON
Amendment 328 #

2020/2058(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the efforts of the European Investment Bank (EIB) to revise its energy lending policy and to devote 50 % of its operations to climate action and environmental sustainability; calls on the EIB to commit to the sustainable transition towards climate neutrality while taking into account the different energy mixes of Member States and devoting particular attention to the sectors and regions most affected by the transition to develop a clear and transparent methodology using the EU Taxonomy to ensure that all the projects financed will be aligned with the temperature goals of the Paris Agreement, consistent with the transition towards a climate neutral economy and “do no significant harm” to biodiversity and ecosystems;
2020/07/03
Committee: BUDGECON
Amendment 358 #

2020/2058(INI)

Motion for a resolution
Paragraph 16
16. Recognises the important role of the national promotional banks and institutions and of international financial institutions (IFIs) in the financing of sustainable projects of the Green Deal linked to the SEIP, thereby contributing to the achievement of the goals of the Paris Agreement; underlines that the European Bank for Reconstruction and Development (EBRD) can help to achieve the SEIP and mobilise investments in Europe and beyond for the protection of climate and environment;
2020/07/03
Committee: BUDGECON
Amendment 369 #

2020/2058(INI)

Motion for a resolution
Paragraph 17
17. Recalls the statement of the ECBConsiders that the fight against climate change and the promotion of sustainability is within the mandate of the ECB and recalls the statement of its President that the ECB is supporting the development of a taxonomy as a way of facilitating the incorporation of environmental considerations in central bank portfolios; calls on the ECB to evaluate the feasibility of including sustainabi and welcomes the ambition displayed in the recent Eurosystem reply to the European Commission’s public consultations on the Renewed Sustainable Finance Strategy and the revision of the NonFinancial Reporting Directive; calls on the ECB to undertake its monetary politcy criteria istrategy review to align its collateral framework and its annual stress testing exercise, while with the Paris agreement, and to disclose annually its level of alignment with the Paris agreement while setting a clear roadmap with targets - using appropriately the EU Taxonomy for these actions where relevant, while also assessing ways to guide lending towards energy transition investments and to rebuild a sustainable economy in the aftermath of the COVID- 19 crisis;
2020/07/03
Committee: BUDGECON
Amendment 382 #

2020/2058(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls on the European Supervisory Authorities (ESAs), together with national competent authorities (NCAs), to develop annual climate stress tests on financial institutions they supervise, as currently discussed notably in the Central Banks and Regulators Network for Greening the Financial System (NGFS), in order to understand where and how far climate- related financial risks sit in the portfolios of relevant EU financial institutions;
2020/07/03
Committee: BUDGECON
Amendment 390 #

2020/2058(INI)

Motion for a resolution
Paragraph 18
18. Supports a renewed sustainable finance strategy; underlines the need for an EU eco-label for financial products, for an EU Green Bond Standard (EU GBS), and for more reliable, comparable and accessible sustainability data obtained by harmonising sustainability indicators and creating a public sustainability data register with transparent methodologies to ensure that the data can be analysed independently in order to reduce over- reliance on non-EU data providers and any potential conflict of interest between rating and label providers removed, noting in particular the recommendation from the CMU High-Level Forum to include SRD and NFRD data in a EU Single Access Point;
2020/07/03
Committee: BUDGECON
Amendment 414 #

2020/2058(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Calls for the creation of a brown taxonomy as recommended by the European Central Bank and the Central Banks and Regulators network for Greening the Financial System;
2020/07/03
Committee: BUDGECON
Amendment 431 #

2020/2058(INI)

Motion for a resolution
Paragraph 21
21. Recalls that investments in unsustainable economic activities may lead to stranded assets with lock-in effects; considers this risk to be insufficiently integrated in credit ratings and prudential frameworks, which should be addressed in forthcoming reviews of the CRA, CRR /CRD and the Solvency frameworks;
2020/07/03
Committee: BUDGECON
Amendment 437 #

2020/2058(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Considers that the future renewed EU sustainable finance strategy is a major opportunity to accelerate the transition towards more sustainable retail investment; calls therefore on the Commission to propose the necessary legislative measures to incentivize citizens to invest in sustainable finance, based on the criteria established by the Taxonomy [Regulation on establishment of a framework to facilitate sustainable investment];
2020/07/03
Committee: BUDGECON
Amendment 439 #

2020/2058(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls on the Commission to revise the Non-Financial Reporting Directive and to table new legislation on corporate governance to ensure that all large companies operating in carbon-intensive sectors develop and publish their carbon emission reduction targets and transition plans in order to align their business with the Paris Agreement;
2020/07/03
Committee: BUDGECON
Amendment 452 #

2020/2058(INI)

Motion for a resolution
Paragraph 22
22. Calls for the introduction of an enabling framework for public sustainable investments to achieve the goals set out in the European Green Deal, but stresses that whatever financing model is chosen must not undermine the sustainability of public finance in the EU; supports the commitment by EVP Dombrovskis to explore how taxonomy can be used in the public sector and calls therefore on the Commission to disclose which part of the Union's expenditure is compliant with the taxonomy categories as set out in the Regulation (EU)2020/[Taxonomy Regulation] and to adopt an updated tracking methodology to monitor and report trends regarding capital flows towards sustainable investment as per the taxonomy regulation (EU) 2020 /… [Taxonomy Regulation] of the European Parliament and of the Council; calls for public support for airlines to be used in a sustainable and efficient manner;
2020/07/03
Committee: BUDGECON
Amendment 465 #

2020/2058(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Call on the Commission to ask beneficiaries of its financial instruments in high emitting sectors, including projects supported by the European Investment Bank, to carry out a climate adaptation stress test, points out that if the beneficiary fails the climate adaptation stress test, they shall not be eligible to the Union's financial instrument; stresses that the European Commission should provide guidance to beneficiaries, based on the EU Strategy on adaptation to climate change and the European Environment Agency's data on how to align an investment project with climate adaptation requirements; stresses the need for such guidance to use appropriately the criteria established by [Regulation on establishment of a framework to facilitate sustainable investment];
2020/07/03
Committee: BUDGECON
Amendment 495 #

2020/2058(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Calls on the Commission to extend the European Semester process by complementing the current approach, based on fiscal and budgetary discipline, with climate and environmental discipline, without watering down the European Semester; calls therefore on the European Commission to develop a new climate indicator, mirroring the economic indicators, to assess the discrepancy between the structure of Member States' budgets and progress towards Paris- aligned scenario for each of their national budgets; stresses the need for this indicator to provide Member States with an indication on their trajectory of temperature under the framework of the Paris Agreement, thus enabling the European Semester to provide recommendations about the reduction of their climate debt;
2020/07/03
Committee: BUDGECON
Amendment 509 #

2020/2058(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls for companies benefitting from public support to commit to public country-by-country reporting, while respecting the possibility for temporary derogations foreseen to protect commercially sensitive information and to ensure fair competition, to respect their non-financial reporting obligations and to guarantee jobs, and disclose any beneficial treatment received; Urges that such companies should fairly contribute to the recovery efforts by paying their fair share of taxes; seeks in this context a new social contract for corporates, harmonizing aims for profit with considerations for people and planet;
2020/07/03
Committee: BUDGECON
Amendment 518 #

2020/2058(INI)

Motion for a resolution
Paragraph 25
25. Supports the Solvency Support Instrument to level the playing field in the single market, and the introduction of ‘transition plans’ for certain companies to increase the sustainability of their activities; considers that society can ask for a quid pro quo when providing support to companies; believes that transition plans, in line with the Paris Agreement and the European Green Deal, should be obligatory for companies seeking state aid or EU-level support unless it is clear that they do not engage in environmentally or socially harmful activities; urges the Commission to only approve transition plans that set businesses on the path to the climate-neutral and circular economy without significantly harming any other environmental or social objectives;
2020/07/03
Committee: BUDGECON
Amendment 525 #

2020/2058(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Calls on the Commission to revise State aid rules to set common minimum standards in order to specify the requirement for companies receiving financial assistance to be in line with climate neutrality and to require large companies in high emitting sectors asking for support to set and publish a transition plan to align their operations with the Paris Agreement and the European Green Deal;
2020/07/03
Committee: BUDGECON
Amendment 526 #

2020/2058(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Calls on the Commission to use the EU Taxonomy to direct and track climate and environment spending in all EU public funding including the next MFF, Next GenerationEU including the Solvency support instrument, InvestEU and the EU recovery and resilience facility fund and EIB funds, in order to enhance the climate and environmental tracking system for better monitoring progress;
2020/07/03
Committee: BUDGECON
Amendment 528 #

2020/2058(INI)

Motion for a resolution
Paragraph 25 b (new)
25b. Calls on the Commission to ensure that biodiversity-related risks, impacts and dependencies are integrated in relevant EU legislation, including the Non- Financial Reporting Directive, the delegated acts of the Disclosure Regulation and other relevant corporate and financial legislation;
2020/07/03
Committee: BUDGECON
Amendment 553 #

2020/2058(INI)

Motion for a resolution
Paragraph 27
27. Wishes it to be ensured that all contribute equitably to the post-corona recovery and the transition to a sustainable economy; seeks an intensified fight against tax fraud, tax evasion and tax avoidance and aggressive tax planning; calls on the Commission to create a blacklist of EU Member States facilitating tax avoidance; calls for EU-level coordination to avoid aggressive tax planning by individuals and corporates; seeks in this context an ambitious strategy for business taxation for the 21st century; welcomes the Commission's announcement to propose an EU level supervisor and supervisory body to fight money laundering and terrorist financing and underlines the necessity for sufficient resources to make this effective to be made available;
2020/07/03
Committee: BUDGECON
Amendment 53 #

2020/2036(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas the Capital Markets Union should be a key contributor to the transition towards a sustainable and resilient economy to complement public investment, in line with the EU Green Deal; whereas the EU should aim to consolidate its position as a global leader in sustainable finance with an ambitious model and rulebook for sustainable investments which should be promoted as part of the EU values and as the gold- standard on the international level;
2020/07/17
Committee: ECON
Amendment 80 #

2020/2036(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls on the Commission and Member States to take due consideration of the transition towards a sustainable and resilient economy, in line with the EU Green Deal and with the EU taxonomy for sustainable activities, when designing, adopting, implementing and enforcing policies related to financial market integration, protection and promotion; notes the importance of the contribution of the private sector in financing this transition;
2020/07/17
Committee: ECON
Amendment 85 #

2020/2036(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Stresses the fundamental and urgent need to ensure access to more reliable and comparable data on sustainable investments and activities, thanks to a review of the Non-Financial Reporting Directive (NFRD); calls on the Commission to streamline transparency requirements under the NFRD with those under the Taxonomy Regulation and the Sustainable Finance Disclosure Regulation; supports the creation of a public sustainability data register to ensure access to reliable and comparable sustainability data for all investors, notably with the inclusion of SRD and NFRD data in a EU Single Access Point;
2020/07/17
Committee: ECON
Amendment 158 #

2020/2036(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Emphasises that innovative and competitive EU financial products with global reach, such as UCITS and green bonds using the future EU Green Bond Standard, are channels to extend the EU’s influence on the global stage and to strengthen the international role of the euro; calls on the Commission to draw inspiration from these examples, if necessary through amending the respective legislation, in order to bring the same level of international recognition to other EU financial products such as ELTIFs and STS securitisations, and prospective future instruments such as social bonds;
2020/07/17
Committee: ECON
Amendment 226 #

2020/2036(INI)

Motion for a resolution
Paragraph 14
14. Is concerned that retail investors’ engagement with financial markets remains low; calls for measures to promote retail investments in view of the demographic challenges faced by the EU by increasing the participation of retail investors in capital markets through more attractive and appropriate personal pension products; calls on the Commission to put forward initiatives specifically targeting retail investors, including facilitating the development of independent web-based EU comparison tools, to help retail investors determine the most appropriate products in terms of risk, return on investment and value for their particular needs, and promoting incentives for ESG products and products typically associated with better value for money;
2020/07/17
Committee: ECON
Amendment 231 #

2020/2036(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Notes that various studies consistently show that a significant majority of retail investors mention sustainability preferences when asked about their investment preferences, and considers that this is an opportunity to further incentivise retail investors to be more active in financial markets;
2020/07/17
Committee: ECON
Amendment 241 #

2020/2036(INI)

Motion for a resolution
Paragraph 16
16. Recalls the existence of different shortcomings in the legislation on packaged retail investment and insurance products (PRIIPs) that should be addressed in the next reviewas soon as possible, ahead of the application of the PRIIPs rules to UCITS products; expects that Level 2 PRIIPs legislation on the Key Investor Document to respect lwill be aligned with the Level 1 text, in particular in relation to the performance scenarproviding accurate, fair, clear and non-misleading pre- contractual informatiosn; regrets the delays in the adoption of Level 2 PRIIPs legislation that will overlap with the first review of PRIIPs, and which increases legal uncertainty and costs for stakeholdermarket participants, and could reduce understanding and confidence from retail investors; calls for a more fundamental review of rules applicable to the distribution of financial products across the entirety of the retail investment space, in particular under MiFID, IDD and PRIIPs, aiming to harmonise and streamline the EU rulebook as appropriate; notes that EU rules on consumer protection should be adapted to the green and the digital transformations and put the interest of the retail investor at the forefront, regardless of the different types of providers and products;
2020/07/17
Committee: ECON
Amendment 10 #

2020/2021(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses that the upcoming legislative proposals aimed at promoting a more sustainable single market for business and consumers should be fully aligned with the objective of limiting global warming to under 1,5 °C, and should not contribute to biodiversity loss
2020/06/05
Committee: ENVI
Amendment 11 #

2020/2021(INI)

Draft opinion
Paragraph 1 b (new)
1b. Recalls that the Union is both the world’s second largest economic power and the world’s largest trading power; Points out that the single market is a powerful tool that must be used to develop sustainable and circular products or technologies that will become tomorrow’s standards, thus enabling citizens to purchase affordable products that are safer, healthier and more respectful of the planet
2020/06/05
Committee: ENVI
Amendment 51 #

2020/2006(INL)

Motion for a resolution
Recital B
B. Whereas Union consumption is estimated to contributes to at least 10% of global deforestation;
2020/07/17
Committee: ENVI
Amendment 80 #

2020/2006(INL)

Motion for a resolution
Paragraph 1
1. Underlines that approximately 80% of global deforestation is caused by the expansion of land used for agriculture; stresses in this context that the Commission Communication on Stepping up EU Action to Protect and Restore the World’s Forests of July 2019 recognises that Union demand for products such as palm oil, meat, soy, cocoa, maize, timber, rubber, including in the form of processed products or services, is a large driver of deforestation, forest degradation, ecosystem destruction and human rights violations across the globe;
2020/07/17
Committee: ENVI
Amendment 108 #

2020/2006(INL)

Motion for a resolution
Paragraph 2
2. Welcomes business’ growing awareness of the problem of global deforestation, forest degradation and ecosystem destruction, the need for corporate action and corresponding commitments; emphasises, however, that companies’ voluntary anti-deforestation commitments often only cover parts of their supply chains and were, as of yet, not sufficient to halt global deforestation;
2020/07/17
Committee: ENVI
Amendment 119 #

2020/2006(INL)

Motion for a resolution
Paragraph 3
3. Points out that third-party certification schemes have played an important role in bringing together business and civil society to develop a common understanding of the problem of deforestation; observes, however, that while voluntary third-party certification schemes alone, to date, are not effective in have helped with good practices and slowing down of the deforestation they cannot halting and reversinge global deforestation on their own and need to be complemented by mandatory measures.; notes that voluntary third-party certification can be an auxiliary tool to assess and mitigate deforestation risks when designed and implemented well with regard to the sustainability criteria it is based on, the robustness of the certification and accreditation process, independent monitoring, possibilities to monitor the supply chain, and sound requirements to protect primary forests and other natural forests and promote sustainable forest management;
2020/07/17
Committee: ENVI
Amendment 137 #

2020/2006(INL)

Motion for a resolution
Paragraph 4
4. CriticisNotes that third-party certification and labels alone unduly shift the responsibility to decide whether to purchasehave not been sufficiently efficient to prevent deforestation-free products to the consumersenter the Union internal market; therefore emphasises that third- party certification can only be complementary to, but cannot replace, thorough due diligence processes of companies;
2020/07/17
Committee: ENVI
Amendment 140 #

2020/2006(INL)

Motion for a resolution
Paragraph 4 a (new)
4a. Believes that consumer information on deforestation-free products may be a powerful tool to complement a legal framework on due diligence and to address the demand side of this topic; is convinced that this will make credible the Union’s actions against deforestation in the world; calls on the Commission to include risk of deforestation among the criteria of the green claims in the Directive 2005/29/EC on unfair commercial practices and to set up an EU pre-approval scheme to authorize the use of green claims;
2020/07/17
Committee: ENVI
Amendment 166 #

2020/2006(INL)

Motion for a resolution
Paragraph 7
7. Welcomes the intention of the Commission to tackle global deforestation but asks for a more ambitious policy approach; calls on the Commission to present a proposal for an EU legal framework based on mandatory due diligence, reporting, disclosure and third- party participation requirements, as well as liability and penalties in case of breaches of obligations for all companies placing for the first time on the Union market commodities with the highest forest and ecosystem risks and products derived from these commodities, and access to justice and remedy for victims of breaches of these obligations; traceability obligations should be placed on traders on the Union market, in particular regarding the identification of the origin of the products at the moment they are placed on the Union internal market, to ensure sustainable and deforestation-free value chains, as laid down in the Annex to this resolution; emphasises that the same legal framework should apply to Union-based financial institutions operating in the Union providing money to companies that harvest, extract, produce or process forest and ecosystem-risk commodities and derived products;
2020/07/17
Committee: ENVI
Amendment 167 #

2020/2006(INL)

Motion for a resolution
Paragraph 7
7. Welcomes the intention of the Commission to tackle global deforestation and forest degradation but asks for a more ambitious policy approach; calls on the Commission to present a proposal for an EU legal framework based on mandatory due diligence, reporting, disclosure and third- party participation requirements, as well as liability and penalties in case of breaches of obligations for all companies placing for the first time on the Union market commodities with the highestentailing forest and ecosystem risks and products derived from these commodities, and access to justice and remedy for victims of breaches of these obligations; traceability obligations should be placed on traders on the Union market, to ensure sustainable and deforestation-free value chains, as laid down in the Annex to this resolution; emphasises that the same legal framework should apply to Union-based all financial institutions authorised to operate in the Union and that are providing money to companies that harvest, extract, produce or process forest and ecosystem-risk commodities and derived products;
2020/07/17
Committee: ENVI
Amendment 193 #

2020/2006(INL)

Motion for a resolution
Paragraph 8 a (new)
8a. Is of the opinion that a strong action within the Union internal market should go hand in hand with a strong action at the international level; National Indicatives Programmes under EU’s external action should therefore integrate provisions to help third countries’ companies and smallholders working with operators placing FERC commodities on the Union internal market to carry out activities without harming forest and ecosystems;
2020/07/17
Committee: ENVI
Amendment 206 #

2020/2006(INL)

9a. Emphasizes that, according to several studies1a a legal framework to prevent the entry into the Union internal market of products linked with deforestation, will have no impact on volume and price of the commodities sold in the Union and covered in the Annex of this resolution; _________________ 1a https://www.sciencedirect.com/science/arti cle/pii/S0959378014001046 http://biomas.agrosatelite.com.br/img/Geo spatial_analyses_of_the_annual_crops_dy namic_in_the_brazilian_Cerrado_biome.p df
2020/07/17
Committee: ENVI
Amendment 218 #

2020/2006(INL)

Motion for a resolution
Paragraph 10
10. Stresses that local communities, indigenous peoples, land and environmental defenders often are on the frontline of the fights to preserve ecosystems; is concerned that the degradation and destruction of forests and other valuable ecosystems frequently goes along with human rights violations or follows from it; urges, therefore, to include the protection of human rights, in particular land tenure, land and labour rights, with a special view to the rights of indigenous peoples and local communities, within the future EU legal framework;
2020/07/17
Committee: ENVI
Amendment 230 #

2020/2006(INL)

Motion for a resolution
Paragraph 11 a (new)
11a. Notes that the availability and accuracy of the data used to assess at what date the land has been deforested/converted to another use needs to be reliable for effective implementation;
2020/07/17
Committee: ENVI
Amendment 240 #

2020/2006(INL)

Motion for a resolution
Paragraph 12 a (new)
12a. Notes that some economic operators have embraced the 2014 New York Declaration on Forests and carried out processes to ensure the transparency of their value chain as regards deforestation; notes however that prior to this date very few data are available as regards transparency of economic operators’ supply chains;
2020/07/17
Committee: ENVI
Amendment 251 #

2020/2006(INL)

Motion for a resolution
Paragraph 13 a (new)
13a. Points out that a strengthening of the EU legal framework on deforestation may have a significant impact on land prices in third countries and, in order to prevent any speculation, the cut-off date should not be set after the publication by the Commission of the proposal described in Annex of this resolution;
2020/07/17
Committee: ENVI
Amendment 265 #

2020/2006(INL)

Motion for a resolution
Paragraph 15
15. Underlines that the impact of the Union’s consumption of forest and ecosystem-risk commodities needs to be adequately addressed in any follow-up, regulatory or non-regulatory, actions and measures to the EU Biodiversity Strategy for 2030 and Farm to Fork Strategy and the CAP Strategic Plan Regulation, including Member States’ National Strategic Plans;
2020/07/17
Committee: ENVI
Amendment 274 #

2020/2006(INL)

Motion for a resolution
Paragraph 15 a (new)
15a. Believes that the regulation proposed in the Annex of this resolution should be accompanied by trade-based partnership agreements with major producer countries of agricultural commodities, in order to tackle supply- side drivers of deforestation;
2020/07/17
Committee: ENVI
Amendment 277 #

2020/2006(INL)

Motion for a resolution
Paragraph 15 b (new)
15b. Believes that EU Green Public Procurement criteria should include deforestation and compliance with the due diligence proposal among its provisions; a revision of the directive 2014/24/EU on public procurement should integrate compliance with due diligence in the award criteria;
2020/07/17
Committee: ENVI
Amendment 292 #

2020/2006(INL)

Motion for a resolution
Annex I – point 1 – paragraph 2 – point b
b. the supply practices and financing of all economic operators active on the Union internal market,
2020/07/17
Committee: ENVI
Amendment 300 #

2020/2006(INL)

Motion for a resolution
Annex I – point 1 – paragraph 2 – point c
c. production practices of economic operators harvesting, extracting, supplying, and processing forest and ecosystem-risk commodities (FERCs) or producing FERC- derived products in the Union internal market, as well as practices of their financiers;
2020/07/17
Committee: ENVI
Amendment 312 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 1
The proposal should apply to all economic operators, irrespective of their legal form, size or complexity of their value chains, i.e. any natural or legal person (excluding non-commercial consumers) that places commodities that are covered by the proposal and their derived products on the Union internal market for the first time, or that provides financing to the operators undertaking these activities. This should apply to both Union and non- Union-based operators. Operators that are not based in the Union should mandate an authorised representative to perform the tasks (in accordance with Regulation (EU) 2019/1020 of the European Parliament and of the Council1 ). _________________ 1Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
2020/07/17
Committee: ENVI
Amendment 319 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 2 – introductory part
All economic operators should be entitled to lawfully place FERCs and FERC- derived products on the Union market only when, following provisions laid down in Article 5(a), they are able to demonstrate that within their own activities and all types of business relationships that they have with business partners and entities along their entire value chain (i.e. suppliers, traders, franchisees, licensees, joint ventures, investors, clients, contractors, customers, consultants, financial, legal and other advisers) that, at the very most, there is a negligible risk level, that the goods placed on the Union market:
2020/07/17
Committee: ENVI
Amendment 343 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 3 a (new)
Financial institutions providing finance, investment, insurance or other services to operators engaged in the supply chain of commodities also have a responsibility to undertake due diligence to ensure that supply chain companies are respecting the obligations laid down in this proposal.
2020/07/17
Committee: ENVI
Amendment 346 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 4
The proposal should cover all commodities that are most frequently associated with deforestation, natural forest degradation, and natural ecosystem conversion and degradation. These commodities should be listed in an annex to the proposal and comprise at least palm oil, soy, meat, leather, cocoa, coffee, rubber, and maize and all intermediate or final products that are derived from these commodities, and products that contain these commodities. In the event that the derived products contain input from more than one commodity covered by the proposal, due diligence should be performed with respect to each of these commodities. Commodities covered by Regulation (EU) No 995/2010 of the European Parliament and of the Council2 (‘the EU Timber Regulation’) should be integrated into the scope of the proposal within three years from the date of entry into force of the proposal. _________________ 2Regulation (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).
2020/07/17
Committee: ENVI
Amendment 368 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 6
The proposal should equally apply to Union-basedall financial institutions authorised to operate in the Union and who are providing money, insurance or other services to economic operators that harvest, extract, produce, process or sell forest and ecosystem-risk commodities and their derived products.
2020/07/17
Committee: ENVI
Amendment 371 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 7 – introductory part
AThe proposal should apply to a trader, i.e. any natural or legal person that in the course of a commercial activity, sells or buysells to or buys from economic operators on the Union internal market any commodity covered by the proposal or a derived product that has been already placed on the Union internal market should, throughout the supply chain, identify. Economic operators on the Union internal market should not be able to engage with traders, unless traders are able to:
2020/07/17
Committee: ENVI
Amendment 373 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 7 – indent 1
- identify the economic operators or traders that supplied the commodities covered by the Regulation and their derived products; and
2020/07/17
Committee: ENVI
Amendment 375 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 7 – indent 1 a (new)
- ensure the traceability of their products, in order to be able to identify their origin, when they are placed on the Union Internal Market, and;
2020/07/17
Committee: ENVI
Amendment 376 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 7 – indent 2
- where applicable, identify the traders to which they supplied the commodities covered by the proposal and their derived products.
2020/07/17
Committee: ENVI
Amendment 383 #

2020/2006(INL)

Motion for a resolution
Annex I – point 3 – point 3.1 – paragraph 2
For that purpose, FERCs placed on the Union market, in raw form or as products derived from or containing such commodities, should not be harvested, extracted or produced from land that had on 1 January 200815 the status of natural forest or natural ecosystem, in accordance with the definition laid down in Section 3.3 “Definitions”, but had since lost that status as a result of deforestation or conversion.
2020/07/17
Committee: ENVI
Amendment 399 #

2020/2006(INL)

Motion for a resolution
Annex I – point 3 – point 3.2 – paragraph 2
For that purpose, FERCs placed on the Union market, in raw form or as products derived from or containing such commodities, should not be harvested, extracted or produced from land that had the status on 1 January 200815 of natural forest or natural ecosystem, in accordance with the definition laid down in Section 3.3 “Definitions”, and still has that status, but where the land has been subject to changes amounting to degradation. It should only be legally possible to place on the Union market a commodity that has been harvested, extracted or produced in compliance with conservation objectives and it did not lead to the loss or degradation of ecosystem functions on or adjacent to the land from which it was harvested, extracted or produced.
2020/07/17
Committee: ENVI
Amendment 465 #

2020/2006(INL)

Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 1
Economic operators should take all necessary measures to respect and ensure respect for the environment and human rights throughout their entire value chain. This should include all types of business relationships of the undertaking with business partners and entities along its entire value chain (suppliers, traders, franchisees, licensees, joint ventures, investors, clients, contractors, customers, consultants, financial, and legal and other advisers), and any other non-State or state entity directly linked to its business operations, products or services.
2020/07/17
Committee: ENVI
Amendment 471 #

2020/2006(INL)

Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1
Economic operators should have a complete overview of all actors at all levels of their value chains, be it suppliers, traders, franchisees, licensees, joint ventures, investors, clients, contractors, customers, consultants, financial, and legal and other advisers. In particular, operators should be required to have, and make available information on: - the precise area of harvest, extraction or production of the commodities; - the present ecological status of the area of harvest, extraction or production; - the ecological status of the area at the indicated cut-off date; - the elements of the supply chain of the commodity in question, with the aim of having information about the likelihood of contamination risks with products of unknown origin or originating from deforested areas or from areas which natural forest, forest and ecosystem conversion and degradation occurred
2020/07/17
Committee: ENVI
Amendment 482 #

2020/2006(INL)

Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 a (new)
Economic operators should be required to have access to all the information related to the origin of the products entering the Union internal market through the systematic declaration of GPS coordinates for these commodities, after the entry into force of the proposal as laid down in Article 5(a).
2020/07/17
Committee: ENVI
Amendment 486 #

2020/2006(INL)

Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 1
Where an economic operator sets up new operations or engages new business partners, it should identify the actors involved in the new supply chain, and assess their policies and practices, as well as their harvesting, production, extraction and processing sites. Certification schemes should require traceability as to the origin of products, paying particular attention to the use and promotion of GPS technologies that allow precise mapping of the farms and lands concerned. For existing operations, ongoing adverse impacts and harms as well as potential risks should be identified and assessed. Risks analysis should be done with regard to the risks occurring from the economic operator’s activities to, or impact on, the environment, individuals or communities affected, rather than material risk to corporate shareholders.
2020/07/17
Committee: ENVI
Amendment 510 #

2020/2006(INL)

Economic operators should periodically check to see if their actions are actually reducing harmdue diligence system is fit for preventing harm and ensure the compliance of commodities and products with the framework and if not, adjust ithem or develop other actions. Thise evaluation of the due diligence system should be based on qualitative and quantitative indicators and, internal and external feedback and clear accountability processes.
2020/07/17
Committee: ENVI
Amendment 517 #

2020/2006(INL)

Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point f – paragraph 1
Third-party certification schemes can complement and inform the risk assessment and mitigation components of due diligence systems, provided that these schemes are adequate in terms of scope and strength of sustainability criteria and meet adequate levels of transparency, impartiality and reliability. Third-party certification schemes should also meet specific governance criteria consisting of independence from the industry, inclusion of social and environmental interests in standard-setting, independent third-party auditing, public disclosure of auditing reports, transparency at all stages, and openness. Third-party certification schemes should complement the due diligence systems by ensuring the identification of the origin of products. It is only after the economic operator has performed such an assessment of the scope and strength of sustainability and of the governance criteria that it may decide to take into account third-party schemes where necessary and relevant. However, third-party certification should not impair the principle of the economic operator’s liability.
2020/07/17
Committee: ENVI
Amendment 526 #

2020/2006(INL)

Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point g – paragraph 1
The Union may negotiate Voluntary Partnership Agreements with FERC- producing countries (partner countries), which create a legally binding obligation for the parties to implement a licensing scheme and to regulate trade in FERCs in accordance with the national law of the FERC-producing country and the environmental and human rights criteria laid out in the proposal. FERCs which originate in partner countries with Voluntary Partnership Agreements should be considered to be of negligible risk, as far as the partnership agreement is implemented for the purpose of the proposal.
2020/07/17
Committee: ENVI
Amendment 538 #

2020/2006(INL)

Motion for a resolution
Annex I – point 4 – point 4.3 – paragraph 1
Economic operators should routinely report eport every year on the system they use and how they apply it to the commodities in question, their due diligence and consultation processes, the risks identified, their procedures for risk analysis, risk mitigation and remediation, and their implementation and outcomes to the competent authority and in a public, accessible and appropriate manner.
2020/07/17
Committee: ENVI
Amendment 544 #

2020/2006(INL)

Motion for a resolution
Annex I – point 4 – point 4.3 – paragraph 3
The Commission should adopt delegated acts to set out the format, the frequency and the elements of the reports. In particular, economic operators should, inter alia, report on the identified risks and impacts; the actions taken to cease and remedy existing abuses and to prevent and mitigate risks of abuse, as well as their outcomes; the measures and results of monitoring the implementation and effectiveness of such actions, warnings received through the early-warning mechanism and how the economic operator took them into account in their due diligence processes, and a list of all subsidiaries, subcontractors and suppliers, products and their quantity and origin. A failure to publish complete and timely reports should be penalisedlead to the suspension of the authorisation to place products on the Union internal market.
2020/07/17
Committee: ENVI
Amendment 567 #

2020/2006(INL)

Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 1 – point a – point iii
iii. immediate suspension of authorisation to trade; place products on the Union internal market;
2020/07/17
Committee: ENVI
Amendment 577 #

2020/2006(INL)

Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 2 – indent 1
- listing and making public economic operators falling under the remit of the proposal in a public register;
2020/07/17
Committee: ENVI
Amendment 589 #

2020/2006(INL)

Motion for a resolution
Annex I – point 5 – point 5.2 – point b – paragraph 1 – introductory part
Where a plaintiff has presented reasonablystrong available facts and evidence sufficient to support their action, the defendant should bear the burden of proving:
2020/07/17
Committee: ENVI
Amendment 594 #

2020/2006(INL)

Motion for a resolution
Annex I – point 5 a (new)
5a. Entry into force of the proposal on due diligence 1. Economic operators placing commodities or derived products covered by this proposal should ensure the transparency and traceability of their entire value chain within two years after the entry into force of the proposal. 2 Two years after the entry into force of the proposal, operators should only place on the Union internal market commodities or derived products of these commodities that can be sourced with a negligible risk of deforestation, according to the provisions of the proposal.
2020/07/17
Committee: ENVI
Amendment 595 #

2020/2006(INL)

Motion for a resolution
Annex I – point 5 b (new)
5b. EU’s external actions and deforestation When negotiating National Indicative Programmes (NIP) with third countries, the Commission should prioritise provisions to help third countries’ companies and smallholders working with operators placing FERC commodities on the Union internal market to carry out activities that do not harm forest and ecosystems;
2020/07/17
Committee: ENVI
Amendment 257 #

2020/0360(COD)

Proposal for a regulation
Recital 5
(5) The evaluation of Regulation (EU) No 347/2013 has clearly shown that the framework has effectively improved the integration of Member States’ networks, stimulated energy trade and hence contributed to the competitiveness of the Union. Projects of common interest in electricity and gas have strongly contributed to security of supply. For gas, the infrastructure is now well connected and supply resilience has improved substantially since 2013. This fact combined with fossil fuel infrastructure not being compatible with the Union climate neutrality goal causes gas infrastructure to no longer qualify as projects of common interests. Regional cooperation in Regional Groups and through cross-border cost allocation is an important enabler for project implementation. However, in many cases the cross-border cost allocation did not result in reducing the financing gap of the project, as intended. While the majority of permitting procedures have been shortened, in some cases the process is still long. The financial assistance from the Connecting Europe Facility (CEF) has been an important factor as grants for studies have helped projects to reduce risks in the early stages of development, while grants for works have supported projects addressing key bottlenecks that market finance could not sufficiently address.
2021/05/04
Committee: ENVI
Amendment 282 #

2020/0360(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) To enable sector integration, to acknowledge changes in consumer behaviour and to increase demand for green transport, charging infrastructure for electric vehicles should be eligible for the PCI Status.
2021/05/04
Committee: ENVI
Amendment 342 #

2020/0360(COD)

Proposal for a regulation
Recital 20
(20) The Union-wide ten-year network development plan process as basis for the identification of projects of common interest in the categories of electricity and gas has proven to be effective. However, while the European Network of Transmission System Operators for Electricity and for Gas (ENTSOs) and transmission system operators have an important role to play in the process, more scrutiny is required, in particular as regards defining the scenarios for the future, identifying long-term infrastructure gaps and bottlenecks and assessing individual projects, to enhance trust in the process. Therefore, due to the need for independent validation, the Agency for the Cooperation of Energy Regulators (‘the Agency’), important stakeholders, the European Parliament and the Commission should have an increased role in the process, including in the process for drawing up the Union-wide ten-year network development plan pursuant to Regulation (EU) 2019/943 of the European Parliament and of the Council31 and Regulation (EC) No 715/2009 of the European Parliament and of the Council32 . _________________ 31Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54). 32 Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36).
2021/05/04
Committee: ENVI
Amendment 346 #

2020/0360(COD)

Proposal for a regulation
Recital 21
(21) It is important to ensure that only infrastructure projects for which no reasonable alternative solutions exist may receive the status of project of common interest. For that purpose, the infrastructure gaps identification will follow the energy efficiency first principle and consider with priority all relevant non-infrastructure related solutions to address the identified gaps. In addition, before and during project implementation, project promoters should report on the compliance with environmental legislation and demonstrate that projects do no significant harm to the environment in accordance with Article 17 of Regulation (EC) 2020/85233 . For existing projects of common interest having reached sufficient maturity, this will be taken into account during project selection for subsequent Union list by the regional groups. _________________ 33Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088, OJ L 198, 22.6.2020, p. 13
2021/05/04
Committee: ENVI
Amendment 347 #

2020/0360(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) Moreover, a focus should equally be laid on flexibility and energy storage solutions to support investments that allow for the stability of the grid and enable further integration of renewable energy sources. District heating and cooling along with energy storage, which fully adheres to the energy efficiency first principle, will be crucial features of the power grid given the volatile nature of renewable energy sources on the one hand and our need for grid stability and security of supply on the other.
2021/05/04
Committee: ENVI
Amendment 373 #

2020/0360(COD)

Proposal for a regulation
Recital 39
(39) The discussion on the appropriate allocation of costs should be based on the life-cycle analysis of the costs and benefits of an infrastructure project carried out on the basis of a harmonised methodology for energy-system-wide analysis, using the same scenario used at the time when the project was included in the Union list of projects of common interest, in the framework of the Union-wide ten-year network development plans prepared by the European Networks of Transmission System Operators pursuant to Regulation (EU) 2019/943 and (EC) No 715/2009, and reviewed by the Agency. That analysis can take into consideration indicators and corresponding reference values for the comparison of unit investment costs.
2021/05/04
Committee: ENVI
Amendment 374 #

2020/0360(COD)

Proposal for a regulation
Recital 40 a (new)
(40a) An increasingly integrated energy market will also change the need for a physical cross-border footprint of infrastructure projects as a prerequisite to contribute to the TEN-E pillars, such as sustainability or security of supply. While there will still be a need for cross-border infrastructure, there will also be a need for local projects that have a positive effect on the Union's power grid as a whole, such as electrolysers, district heating and cooling networks or energy storage infrastructure of a certain capacity and ability to be replicable in more than one Member State.
2021/05/04
Committee: ENVI
Amendment 387 #

2020/0360(COD)

Proposal for a regulation
Recital 50 – indent 1
— to supplement this Regulation, in close dialogue with the European Parliament, by reviewing the scope and composition of the priority corridors and thematic areas and adopting new lists of priority corridors and thematic areas;
2021/05/04
Committee: ENVI
Amendment 388 #

2020/0360(COD)

Proposal for a regulation
Recital 50 – indent 2
— to amend annexes to this Regulation, in close dialogue with the European Parliament, so as to adopt and review the Union list of projects of common interest, while respecting the right of the Member States and third countries to approve projects of common interest or projects of mutual interest related to their territory.
2021/05/04
Committee: ENVI
Amendment 395 #

2020/0360(COD)

Proposal for a regulation
Recital 52
(52) Since the objectives of this Regulation, namely the development and interoperability of trans-European energy networks and connection to such networks along with reaching the Union climate neutrality goal, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
2021/05/04
Committee: ENVI
Amendment 400 #

2020/0360(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down guidelines for the timely development and interoperability of the priority corridors and areas of trans-European energy infrastructure set out in Annex I (‘energy infrastructure priority corridors and areas’) that contribute to 1.5 degrees goal of the Paris Agreement, the Union’s 2030 climate and energy targets and the climate neutrality objective by 2050as soon as possible and by 2050 at the latest.
2021/05/04
Committee: ENVI
Amendment 419 #

2020/0360(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
(8) ‘smart electricity grid’ means an electricity network where the grid operator can digitally monitor the actions of the users connected to it, and information and communication technologies (ICT) for communicating with related grid operators, generators, energy storage units, consumers and/or prosumers, with a view to transmitting electricity in a sustainable, cost-efficient and secure way;
2021/05/04
Committee: ENVI
Amendment 459 #

2020/0360(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
The Commission shall be empowered to, in close dialogue with the European Parliament, adopt delegated acts in accordance with Article 20 supplementing this Regulation concerning the scope and composition of the priority corridors and areas.
2021/05/04
Committee: ENVI
Amendment 470 #

2020/0360(COD)

Proposal for a regulation
Article 3 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 of this Regulation amending annexes to this Regulation, in close dialogue with the European Parliament, in order to establish the Union list of projects of common interest (‘Union list’), subject to the second paragraph of Article 172 of the Treaty on the Functioning of the European Union.
2021/05/04
Committee: ENVI
Amendment 472 #

2020/0360(COD)

4 a. The European Scientific Advisory Board on Climate Change established by the European climate law Regulation (EU) 2020/xxx shall assess the consistency of the Union list of projects of common interest with Union Climate's objectives.
2021/05/04
Committee: ENVI
Amendment 484 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii
(ii) is located on the territory of one Member State and has a significantpositive cross- border impacteffect or is replicable, as set out in point (1) of Annex IV, whereas ‘replicable’ requires both knowledge sharing and knowledge transfer of at least two Member States or regions. The replicability of a project shall contribute to, amongst others, decarbonisation, the Energy Efficiency First principle, increase of the share of renewable energies or improvement of sector integration.
2021/05/04
Committee: ENVI
Amendment 485 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
(ca) the project is inline with the “energy efficiency first” principle and approaches;
2021/05/04
Committee: ENVI
Amendment 514 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2 a. the project is in line with the “energy efficiency first” principle and approaches;
2021/05/04
Committee: ENVI
Amendment 524 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point b – point iii a (new)
(iiia) sector integration, through the improvement of the interaction of different energy vectors or energy sectors, for instance through the increase of synergies in adjacent sectors, such as transport and mobility;
2021/05/04
Committee: ENVI
Amendment 579 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point f a (new)
(fa) for district heating and cooling projects falling under the energy infrastructure category set out in point (2a) of Annex II, the project is to contribute significantly to sustainability and to reaching climate neutrality through a reduction of greenhouse gas emissions as well as an increase of the share of renewable energy in the energy network, as well as a better integration and interlinking of the sectors. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: (i) network security and quality of supply by improving the efficiency and interoperability of distribution; (ii) market functioning and customer services; (iii) facilitating smart energy sector integration through the creation of links to other energy carriers and sectors and enabling demand response.
2021/05/04
Committee: ENVI
Amendment 600 #

2020/0360(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) feasibility and design studies including, as regards, climate mitigation and adaptation and compliance with environmental legislation and with the principle of “do no significant harm”;
2021/05/04
Committee: ENVI
Amendment 601 #

2020/0360(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(aa) a climate adaptation stress test using the guidelines provided by Article 4 of the European Climate Law Regulation (EU) 2020/xxx
2021/05/04
Committee: ENVI
Amendment 607 #

2020/0360(COD)

Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1 – point a
(a) the progress achieved in the development, construction and commissioning of the project, in particular with regard to permit granting and consultation procedures as well as compliance with environmental legislation, with the principle that the project “does not do significant harm” to the environment, and climate mitigation and adaptation measures taken;
2021/05/04
Committee: ENVI
Amendment 616 #

2020/0360(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The adoption of the Union list shall establish, for the purposes of any decisions issued in the permit granting process, the necessity of those projects from an energy and climate policy perspective, without prejudice to the exact location, routing or technology of the project.
2021/05/04
Committee: ENVI
Amendment 871 #

2020/0360(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
1 a. Where the beneficiary fails the climate adaptation stress test, they shall not be eligible to the Union's financial instrument.
2021/05/04
Committee: ENVI
Amendment 874 #

2020/0360(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point a
(a) the project specific cost-benefit analysis pursuant to Article 16(3)(a) provides evidence concerning the existence of significant positive externalities, such as security of supply, system flexibility, environmental gains, decarbonisation, solidarity or innovation;
2021/05/04
Committee: ENVI
Amendment 881 #

2020/0360(COD)

Proposal for a regulation
Article 18 – paragraph 4
4. Projects of common interest falling under the categories set out in points (1)(d), (2) and (5) of Annex II shall also be eligible for Union financial assistance in the form of grants for works, where the concerned project promoters can clearly demonstrate significant positive externalities, such as security of supply, system flexibility, environmental gains, decarbonisation, solidarity or innovation, generated by the projects and provide clear evidence of their lack of commercial viability, in accordance with the cost- benefit analysis, the business plan and assessments carried out, in particular by potential investors or creditors or, where applicable, a national regulatory authority.
2021/05/04
Committee: ENVI
Amendment 897 #

2020/0360(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point h
(h) the effectiveness of this Regulation in contributing to the climate and energy targets for 2030, and, in the longer term, to the achievement of climate neutrality by 2050as soon as possible and by 2050 at the latest as well as to the 1.5 degree goal of the Paris Agreement.
2021/05/04
Committee: ENVI
Amendment 899 #

2020/0360(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
(aa) all relevant information about the public consultations and hearings carried out regarding the project;
2021/05/04
Committee: ENVI
Amendment 968 #

2020/0360(COD)

Proposal for a regulation
Annex I – Part 4 – point 11 – introductory part
(11) Smart electricity grids deployment: adoption of smart grid technologies across the Union to efficiently integrate the behaviour and actions of all users connected to the electricity network, in particular the generation of large amounts of electricity from renewable or distributed energy sources, energy storage, charging infrastructure for electric vehicles and demand response by consumers.
2021/05/04
Committee: ENVI
Amendment 982 #

2020/0360(COD)

Proposal for a regulation
Annex I – Part 4 – point 13 a (new)
(13a) District heating and cooling: construction, extension, upgrading and consolidation of district heating and cooling networks using decarbonised supplies of heat and cold, among others geothermal heat and cold and waste heat and cold, while applying the energy efficiency first principle, providing an increased flexibility for the energy system though Power-to-heat. Member states concerned: all
2021/05/04
Committee: ENVI
Amendment 991 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 1 – point b
(b) electricitnergy storage facilities used for storing electricitynergy, i.e. deferring the final use of electricity to a later moment than when it was generated, on a permanent or temporary basis in above-ground or underground infrastructure or geological sites, provided they are directly connected to high-voltage transmission lines designed for a voltage of 110 kV or more or the conversion of electrical energy into a form of energy which can be stored, the storing of that energy, and the subsequent reconversion of that energy back into electrical energy or use as another energy carrier;
2021/05/04
Committee: ENVI
Amendment 992 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 1 – point b a (new)
(ba) charging infrastructure for electric vehicles;
2021/05/04
Committee: ENVI
Amendment 1031 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c a (new)
(ca) storage facilities connected to the electricity networks that enable integration with electricity sectors, enabling the operations of the energy systems across multiple Energy carriers
2021/05/04
Committee: ENVI
Amendment 1049 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a
(a) electrolysers that: (i) have at least 1020 MW capacity, (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparattechnical screening criteria established in the framework of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council.60the Regulation 2020/852 on the establishment of a framework to facilitate sustainable investment. Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1. Quantified life- cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; _________________ 60 OJ L 328, 21.12.2018, p. 82.
2021/05/04
Committee: ENVI
Amendment 1078 #

2020/0360(COD)

Proposal for a regulation
Annex III – Part 1 – point 5
(5) each Group shall invite, as appropriate, the organisations representing relevant stakeholders — and, where deemed appropriate, directly the stakeholders— including producers, distribution system operators, suppliers, consumers and organisations for environmental protection. Each Group shall, before the preparation of the draft regional list and when all the options are still open, organise a public consultation on the regional list. The opinions expressed in the consultation shall be taken into account in the preparation of the list. The Groups shall publish a report summarising the opinions expressed, how they were taken into account and justifying why any of the opinions were not taken into account. The Group may organise also other hearings or consultations, where relevant for the accomplishments of its tasks and to ensure effective public participation of local actors.
2021/05/04
Committee: ENVI
Amendment 1083 #

2020/0360(COD)

Proposal for a regulation
Annex III – Part 1 – point 6
(6) as regards the meetings of the Groups, the Commission shall publish, on a platform accessible to stakeholders, the internal rules, an updated list of member organisations, participant lists, regularly updated information on the progress of work, meeting agendas, as well as meeting minutes, where available and recordings. The deliberations of the decision-making bodies of the Groups and the project ranking in accordance with Article 4(5) are confidentialshall be recorded in meeting minutes and published on a platform accessible to all stakeholders.
2021/05/04
Committee: ENVI
Amendment 1088 #

2020/0360(COD)

Proposal for a regulation
Annex III – Part 2 – point 2
(2) all recipients shall preserveThe information included in the application for a project of common interest shall be published in the dedicated project website referred to in Article 9(7), taking into account the confidentiality of commercially sensitive information.
2021/05/04
Committee: ENVI
Amendment 1104 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 1 – introductory part
(1) a project with significant cross- border impacteffect or cross-border replicability is a project on the territory of a Member State, which fulfils the following conditions:
2021/05/04
Committee: ENVI
Amendment 1186 #

2020/0360(COD)

Proposal for a regulation
Annex V – paragraph 1
The methodology for a harmonised energy system-wide life-cycle cost-benefit analysis for projects of common interest shall satisfy the following principles.
2021/05/04
Committee: ENVI
Amendment 1192 #

2020/0360(COD)

Proposal for a regulation
Annex V – point 4
(4) it shall give guidance for the development and use of network and market modelling necessary for the cost- benefit analysis. The modelling shall allow for a full life-cycle assessment of economic, including market integration, security of supply and competition, social and environmental and climate impacts, including the cross-sectorial impacts. The methodology shall include details on why, what and how each of the benefits and costs are calculated.
2021/05/04
Committee: ENVI
Amendment 1196 #

2020/0360(COD)

Proposal for a regulation
Annex V – point 8
(8) it shall ensure that the climate mitigation and adaptation measures taken for each project are assessed and reflect the cost of greenhouse gas emissions in a consistent manner with other Union policies.
2021/05/04
Committee: ENVI
Amendment 1198 #

2020/0360(COD)

Proposal for a regulation
Annex VI – point 6 – introductory part
(6) the project website referred to in Article 9(7) shall be updated regularly and at least publish the following information:
2021/05/04
Committee: ENVI
Amendment 1199 #

2020/0360(COD)

Proposal for a regulation
Annex VI – point 6 – point i a (new)
(ia) all relevant information about the public consultations and hearings that were carried out;
2021/05/04
Committee: ENVI
Amendment 242 #

2020/0353(COD)

Proposal for a regulation
Recital 10
(10) This Regulation should apply to all types of batteries and accumulators placed on the market or put into service within the Union, regardless if they were produced in the Union or imported, whether on their own or incorporated into appliances or otherwise supplied with electrical and electronic appliances and vehicles. This Regulation should apply regardless of whether a battery is specifically designed for a product or is of general use and regardless of whether it is incorporated into a product or is supplied together with or separately from a product in which it is to be used.
2021/10/26
Committee: ENVI
Amendment 243 #

2020/0353(COD)

Proposal for a regulation
Recital 12
(12) Within the Regulation’s wide scope, it is appropriate to distinguish between different categories of batteries in accordance with their design and use, independent of the battery chemistry. The classification into portable batteries, on one hand, and industrial batteries and automotive batteries on the other hand under Directive 2006/66/EC should be further developed to better reflect new developments in the use of batteries. Batteries that are used for traction in electric vehicles and which under Directive 2006/66/EC fall in the category of industrial batteries, constitute a large and growing part of the market due to the quick growth of electric road transport vehicles. It is therefore appropriate to classify those batteries that are used for traction in road vehicles as a new category of electric vehicle batteries. Batteries used for traction in other transport vehicles including rail, waterborne and aviation transport, continue to fall under the category of industrial batteries under this Regulation. Batteries used for traction in light means of transport, such as ebikes and scooters, were not clearly classified as batteries under Directive 2006/66/EC, and now constitute a significant part of the market due to their growing use in urban sustainable mobility. It is therefore appropriate to classify those batteries as a new category of batteries, namely light means of transport batteries. The industrial battery type encompasses a broad group of batteries, intended to be used for industrial activities, communication infrastructure, agricultural activities or generation and distribution of electric energy. In addition to this non exhaustive list of examples, any battery that is neither a portable battery nor a light means of transport battery nor an automotive battery nor an electric vehicle battery should be considered an industrial battery. Batteries used for energy storage in private or domestic environments. are considered industrial batteries for the purposes of this Regulation. Furthermore, in order to ensure that all batteries used in light means of transport, such as ebikes and scooters, are classified as portable batteries, it is necessary to clarify the definition of portable batteries and to introduce a weight limit for such batteries.
2021/10/26
Committee: ENVI
Amendment 248 #

2020/0353(COD)

Proposal for a regulation
Recital 13
(13) Batteries should be designed and manufactured so as to optimise their performance, durability and safety and to minimise their environmental footprint. It is appropriate to lay down specific sustainability requirements for rechargeablelight means of transport batteries, industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh as such batteries represent the market segment which is expected to increase most in the coming years.
2021/10/26
Committee: ENVI
Amendment 264 #

2020/0353(COD)

Proposal for a regulation
Recital 18 a (new)
(18a) The maximum lifecycle carbon footprint thresholds should be future proof and evolve progressively according to the best available manufacturing and production processes. Therefore, when adopting the delegated act determining the maximum life cycle carbon footprint threshold referred to in Article 7, paragraph 3, the European Commission must take into account the best available manufacturing and production process and ensure that the selected technical criteria are consistent with the objective of this Regulation to ensure that batteries placed on the EU market guarantee a high level of protection of human health, safety, property and the environment.
2021/10/26
Committee: ENVI
Amendment 288 #

2020/0353(COD)

Proposal for a regulation
Recital 24
(24) In order to reduce the life cycle environmental impact batteries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the performance and durability parameters and establishing minimum values for those parameters for portable batteries of general use and for rechargeable industrial batteries.
2021/10/26
Committee: ENVI
Amendment 320 #

2020/0353(COD)

Proposal for a regulation
Recital 64
(64) When putting in place a risk-based due diligence policy, it should be based on internationally recognised due diligence principles in the United Nations Guiding Principles on Business and Human Rights 39a, the Ten Principles of the United Nations Global Compact40 , the Guidelines for Social Life Cycle Assessment of Products41 , the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy42 , the OECD Guidelines for Multinational Enterprises and the OECD Due Diligence Guidance for Responsible Business Conduct (RBC)43 , which reflect a common understanding amongst governments and stakeholders, and should be tailored to the specific context and circumstances of each economic operator. In relation to the extraction, processing and trading of natural mineral resources used for battery production, the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High-Risk Areas44 (‘OECD Due Diligence Guidance’) represents a long-standing effort by governments and stakeholders to establish good practice in this area. __________________ 39a The United Nations Guiding Principles on Business and Human Rights, available at https://www.ohchr.org/documents/publica tions/guidingprinciplesbusinesshr_en.pdf 40The Ten Principles of the UN Global Compact, available at https://www.unglobalcompact.org/what-is- gc/mission/principles 41UNEP Guidelines for social life cycle assessment of products, available at https://www.lifecycleinitiative.org/wp- content/uploads/2012/12/2009%20- %20Guidelines%20for%20sLCA%20- %20EN.pdf 42 Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, available at https://www.ilo.org/wcmsp5/groups/public /---ed_emp/---emp_ent/--- multi/documents/publication/wcms_09438 6.pdf 43 OECD (2018), OECD Due Diligence Guidance for Responsible Business Conduct, available at http://mneguidelines.oecd.org/OECD-Due- Diligence-Guidance-for-Responsible- Business-Conduct.pdf 44OECD (2016), OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Third Edition, OECD Publishing, Paris, https://doi.org/10.1787/9789264252479-en.
2021/10/26
Committee: ENVI
Amendment 339 #

2020/0353(COD)

Proposal for a regulation
Recital 88
(88) Industrial and electric vehicle bBatteries that are no longer fit for the initial purpose for which they were manufactured may be used for a different purpose as stationary energy storage batteries. A market for the second life of used industrial and electric vehicle batteries is emerging and in order to support the practical application of the waste hierarchy, specific rules should thus be defined to allow responsible repurposing of used batteries while taking into account the precautionary principle and ensuring safety of use for end users. Any such used battery should undergo an assessment of its state of health and available capacity to ascertain its suitability for use for any other than its original purpose. In order to ensure uniform conditions for the implementation of provisions related to the estimation of the state of health of batteries, implementing powers should be conferred on the Commission.
2021/10/26
Committee: ENVI
Amendment 348 #

2020/0353(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to all batteries, namely portable batteries, light means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries, including stationary battery energy storage systems, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
2021/10/26
Committee: ENVI
Amendment 413 #

2020/0353(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 36
(36) ‘supply chain due diligence’ means the obligations of the economic operator which places a rechargeable industrial battery or an electric-vehicle battery on the market, in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying, preventing and addressing actual and potential risks linked to the production of the battery, including sourcing, processing and trading of the raw materialschemicals and raw materials, both primary and secondary, required for battery manufacturing;
2021/10/26
Committee: ENVI
Amendment 440 #

2020/0353(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
(ba) the due diligence requirements set out in Article 39.
2021/10/26
Committee: ENVI
Amendment 464 #

2020/0353(COD)

Proposal for a regulation
Article 6 – paragraph 5 a (new)
5a. The Commission shall within 6 months of the adoption of any revision of Regulation (EC) No 1907/2006, or of any new relevant legislation relating to sustainability criteria for hazardous substances and chemicals, adopt a delegated act in accordance with Article 73 of this Regulation to guarantee alignment with this article and Article 71 with the revision of Regulation (EC) No 1907/2006 or with any new relevant legislation relating to sustainability criteria for hazardous substances and chemicals.
2021/10/26
Committee: ENVI
Amendment 466 #

2020/0353(COD)

Proposal for a regulation
Article 7 – title
Carbon footprint of light means of transport batteries electric vehicle batteries and rechargeable industrial batteries
2021/10/26
Committee: ENVI
Amendment 495 #

2020/0353(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 July 2024 to[12 months after the adoption of both the delegated and implementing acts referred to in the subparagraph below] and no later than 1 July 2024 to light means of transport batteries electric vehicle batteries and to rechargeable industrial batteries.
2021/10/26
Committee: ENVI
Amendment 509 #

2020/0353(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3 – introductory part
The Commission shall, no later than 1 Julanuary 2023, adopt:
2021/10/26
Committee: ENVI
Amendment 535 #

2020/0353(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 January 20265 for electric vehicle batteries and for rechargeable industrial batteries.
2021/10/26
Committee: ENVI
Amendment 539 #

2020/0353(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4 – introductory part
The Commission shall, no later than 31 DecemberJanuary 2024, adopt
2021/10/26
Committee: ENVI
Amendment 565 #

2020/0353(COD)

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1
The requirement for a maximum life cycle carbon footprint threshold in the first subparagraph shall apply as of 1 July 20276 for electric vehicle batteries and for rechargeable industrial batteries.
2021/10/26
Committee: ENVI
Amendment 574 #

2020/0353(COD)

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2
The Commission shall, no later than 1 July 20265, adopt a delegated act in accordance with Article 73 to supplement this Regulation by determining the maximum life cycle carbon footprint threshold referred to in the first subparagraph. In preparing that delegated act, the Commission shall take into account the relevant essential elements set out in Annex II.
2021/10/26
Committee: ENVI
Amendment 714 #

2020/0353(COD)

Proposal for a regulation
Article 11 – title
Removability and replaceability of portable batteries and light means of transport batteries
2021/10/26
Committee: ENVI
Amendment 784 #

2020/0353(COD)

Proposal for a regulation
Article 13 – paragraph 5 – point b
(b) from 1 January 2027, for portable, light means of transport and automotive batteries the information referred to in paragraph 2;
2021/10/26
Committee: ENVI
Amendment 791 #

2020/0353(COD)

Proposal for a regulation
Article 13 – paragraph 5 – point e
(e) from [12 months after the entry into force of this Regulation], for rechargeable industrial batteries and electric vehicleall batteries the report referred to in Article 39(6);
2021/10/26
Committee: ENVI
Amendment 841 #

2020/0353(COD)

Proposal for a regulation
Article 38 – paragraph 1 – point b a (new)
(ba) comply with the supply chain due diligence obligations set out in Article 39.
2021/10/26
Committee: ENVI
Amendment 866 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point b
(b) incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in Annex II to the OECD Due Diligence Guidance, the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises;
2021/10/26
Committee: ENVI
Amendment 873 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point d – subparagraph 1 – introductory part
Such a system shall be supported by documentation that provides at least the following information:
2021/10/26
Committee: ENVI
Amendment 875 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point d – subparagraph 1 – point iv a (new)
(iva) any other relevant information for the purpose of the identification of risks listed in Annex X, Point 2.
2021/10/26
Committee: ENVI
Amendment 939 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 7 a (new)
7a. The Commission shall within [6 months of the adoption of the upcoming Directive on Sustainable Corporate Governance and Due Diligence] adopt a delegated act in accordance with Article 73 to align the requirements in this article and in Annex X with the requirements set out in the [new directive]. Any additional due diligence requirements on economic operators placing batteries on the market in this regulation needed to maintain the ambition of the regulation should be complimentary to the requirements of the [new directive] and must lead to as little extra burden on these operators as possible.
2021/10/26
Committee: ENVI
Amendment 943 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 8 – point b
(b) amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to Regulation (EU) 2017/821 and changes to the due diligence recommendations set out in Annex I to the OECD Due Diligence Guidance, the UN Guiding Principles on Business or the Human Rights and OECD Guidelines for Multinational Enterprises.
2021/10/26
Committee: ENVI
Amendment 947 #

2020/0353(COD)

Proposal for a regulation
Article 41 – paragraph 1
1. Importers shall only place on the market or put into service a battery which is compliant with the requirements of Chapters II and III and Article 39.
2021/10/26
Committee: ENVI
Amendment 949 #

2020/0353(COD)

Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 1
Where an importer considers or has reason to believe that a battery is not in conformity with the requirements set out in Chapters II and III and Article 39, the importer shall not place it on the market or put it into service until it has been brought into conformity. Furthermore, where the battery presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
2021/10/26
Committee: ENVI
Amendment 954 #

2020/0353(COD)

Proposal for a regulation
Article 41 – paragraph 7
7. Importers who consider or have reason to believe that a battery, which they have placed on the market or put into service, is not in conformity with the requirements set out in Chapters II and III and Article 39, shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents a risk, importers shall immediately inform the national authority of the Member State in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective action taken.
2021/10/26
Committee: ENVI
Amendment 956 #

2020/0353(COD)

Proposal for a regulation
Article 42 – paragraph 3
3. Where a distributor considers or has reason to believe that a battery is not in conformity with the requirements set out in Chapters II and III and Article 39, the distributor shall not make the battery available on the market until it has been brought into conformity. Furthermore, where the battery presents a risk, the distributor shall inform the manufacturer or the importer to that effect as well as the relevant market surveillance authorities.
2021/10/26
Committee: ENVI
Amendment 957 #

2020/0353(COD)

Proposal for a regulation
Article 42 – paragraph 5
5. Distributors who consider or have reason to believe that a battery, which they have made available on the market, is not in conformity with the requirements set out in Chapters II and III and Article 39 shall make sure that the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate, are taken. Furthermore, where the battery presents a risk, distributors shall immediately inform the national authority of the Member States in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective action taken.
2021/10/26
Committee: ENVI
Amendment 959 #

2020/0353(COD)

Proposal for a regulation
Article 42 – paragraph 6
6. Distributors shall, further to a reasoned request from a national authority provide it with all the information and the technical documentation necessary to demonstrate the conformity of a battery with the requirements set out in Chapters II and III and Article 39 in a language that can be easily understood by that authority. That information and the technical documentation shall be provided in paper or electronic form. Distributors shall cooperate with the national authority, at its request, on any action taken to eliminate the risks posed by batteries that they have made available on the market.
2021/10/26
Committee: ENVI
Amendment 1189 #

2020/0353(COD)

Proposal for a regulation
Article 70 – paragraph 2
2. The obligation set out in paragraph 1 shall apply to any contracts entered into by contracting authorities or contracting entities for the purchase of batteries or products containing batteries and shall mean that these contracting authorities and contracting entities are obliged to include technical specifications and award criteria based on Articles 7 to 10 and 39 to ensure that a product is chosen among products with significantly lower environmental impacts over their lifecycle.
2021/10/26
Committee: ENVI
Amendment 1341 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 1 – point d a (new)
(da) copper
2021/10/26
Committee: ENVI
Amendment 1346 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 1 – point d b (new)
(db) iron;
2021/10/26
Committee: ENVI
Amendment 1349 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 1 – point d c (new)
(dc) bauxite;
2021/10/26
Committee: ENVI
Amendment 1359 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 2 – point c a (new)
(ca) climate change;
2021/10/26
Committee: ENVI
Amendment 1363 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 2 – point d a (new)
(da) waste management;
2021/10/26
Committee: ENVI
Amendment 1366 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 2 – point i a (new)
(ia) access to information, public participation in decision-making and access to justice in environmental matters
2021/10/26
Committee: ENVI
Amendment 1372 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 3 – point b a (new)
(ba) the UN Paris Agreement;
2021/10/26
Committee: ENVI
Amendment 1375 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 3 – point e a (new)
(ea) OECD Guidelines for Multinational Enterprises;
2021/10/26
Committee: ENVI
Amendment 1424 #

2020/0353(COD)

Proposal for a regulation
Annex XII – Part C – point 1 – point d
(d) 3560 % for lithium;
2021/10/26
Committee: ENVI
Amendment 1432 #

2020/0353(COD)

Proposal for a regulation
Annex XII – Part C – point 2 – point d
(d) 7085 % for lithium;
2021/10/26
Committee: ENVI
Amendment 1439 #

2020/0353(COD)

Proposal for a regulation
Annex XIII – point 1 – point e a (new)
(ea) Information on the reparability of battery in case of defect and if block of battery cells or individual battery cells can be replaced or only the battery in its entirety.
2021/10/26
Committee: ENVI
Amendment 204 #

2020/0320(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 2 – point a a (new)
(aa) develop relevant indicators to be used by Member States for assessing the management of communicable diseases;
2021/04/07
Committee: ENVI
Amendment 249 #

2020/0320(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 851/2004
Article 4 – paragraph 1 – point a a (new)
(aa) use at least the indicators referred to in Article 3(2) to assess their domestic health situation and communicate them to the Centre to allow comparability of data;
2021/04/07
Committee: ENVI
Amendment 92 #

2020/0300(COD)

Proposal for a decision
Recital 4
(4) According to the EEA report ‘The European environment – state and outlook 2020, Knowledge for transition to a sustainable Europe’ (‘SOER 2020’), 2020 represents a unique window of opportunity for the Union to show leadership on sustainability and to face the urgent sustainability challenges requiring systemic solutions. As stated in SOER 2020, the changes in the global climate and ecosystems observed since the 1950s are unprecedented over decades to millennia. The global population has tripled since 1950, while the population living in cities has quadrupled. With the current growth model, environmental pressures are expected to increase further, causing direct and indirect harmful effects on human health and well-being. This is especially true for the sectors with the highest environmental impact – food, mobility, energy as well as infrastructure and buildings. According to the EEA assessment, policy responses have been insufficient to halt biodiversity loss and the degradation of ecosystem services and while environmental objectives are evenly spread across different themes, there are considerably more binding targets for climate change, air pollution, waste and chemicals than for biodiversity, freshwater and the marine environment and none for land and soil.
2021/03/11
Committee: ENVI
Amendment 94 #

2020/0300(COD)

Proposal for a decision
Recital 4
(4) According to the EEA report ‘The European environment – state and outlook 2020, Knowledge for transition to a sustainable Europe’ (‘SOER 2020’), 2020 represents a unique window of opportunity for the Union to show leadership on sustainability and to face the urgent sustainability challenges requiring systemic solutions. As stated in SOER 2020, the changes in the global climate and ecosystems observed since the 1950s are unprecedented over decades to millennia. The global population has tripled since 1950, while the population living in cities has quadrupled. With the current growth model, environmental pressures are expected to increase further, causing direct and indirect harmful effects on human health and well-being, in particular regarding the most vulnerable population. This is especially true for the sectors with the highest environmental impact – food, mobility, energy as well as infrastructure and buildings.
2021/03/11
Committee: ENVI
Amendment 99 #

2020/0300(COD)

Proposal for a decision
Recital 4 a (new)
(4a) Environmental degradation and the adverse effects of climate change are expected to increase further in the years to come, leading to global population displacement. The Union should take into account this phenomenon in its external action, especially regarding developing countries, in order to accelerate resilience, mitigation and adaptation to climate change in these territories, to avoid, as much as possible, such displacement.
2021/03/11
Committee: ENVI
Amendment 114 #

2020/0300(COD)

Proposal for a decision
Recital 6
(6) The European Green Deal underpins the Next Generation EU Recovery Plan which promotes the investments in key green sectors needed to build resilience, and create growth and jobs in a fair and inclusive society. The Recovery and Resilience Facility which will power the Union’s economic recovery from the coronavirus crisis together with the Union budget for 2021-2027, is also based on the priority objectives set out in the European Green Deal. Furthermore, all initiatives under Next Generation EU Recovery Plan should respect the European Green Deal’s “do no harm” oath and should contribute to mainstreaming biodiversity action in the Union policies.
2021/03/11
Committee: ENVI
Amendment 131 #

2020/0300(COD)

Proposal for a decision
Recital 8
(8) The 8th EAP should support the environment and climate action objectives of the European Green Deal in line with the long-term objective to “live well, within the planetary boundaries” by 2050, which is already established in the 7th EAP. It should contribute to achieving the United Nations’ 2030 Agenda and its Sustainable Development Goals. ensure that the Union meets all the commitments of the Biodiversity Strategy, including protecting at least 30 % of the Union’s marine and terrestrial areas, and of strictly protecting at least 10 % of these areas. It should contribute to achieving the United Nations’ 2030 Agenda and its Sustainable Development Goals, the Paris Agreement and the international agreements made in the framework of the Convention on Biological Diversity (CBD).
2021/03/11
Committee: ENVI
Amendment 140 #

2020/0300(COD)

Proposal for a decision
Recital 8
(8) The 8th EAP should support the environment and climate action objectives of the European Green Deal, enabling a systemic change towards an ecosystem- based approach, in line with the long-term objective to "live well, within the planetary boundaries" by 2050, which is already established in the 7th EAP. It should contribute to achieving the United Nations’ 2030 Agenda and its Sustainable Development Goals.
2021/03/11
Committee: ENVI
Amendment 152 #

2020/0300(COD)

Proposal for a decision
Recital 9
(9) The 8th EAP should accelerate the transition to a regenerative economy that gives back to the planet more than it takes, enabling a systemic change towards an ecosystem-based approach. A regenerative growth model recognises that the wellbeing and prosperity of our societies depend on a stable climate, a healthy environment and thriving ecosystems, which provide a safe operating space for our economies. As the global population and the demand for natural resources continues to grow, economic activity shouldthe 8th EAP should promote industrial ecology and sustainable economic activity based on a co-benefits approach, which should have positive impacts in addition to limit the negative impacts, it should be developed in a way that does no harm but, on the contrary, reverses climate change and environmental degradation, minimises pollution and results in maintaining and enriching natural capital, therefore ensuring the abundance of renewable and non-renewable resources. Through continuous innovation, adaptation to new challenges and co-creation, the regenerative economy strengthens resilience and protects present and future generations’ wellbeing.
2021/03/11
Committee: ENVI
Amendment 159 #

2020/0300(COD)

Proposal for a decision
Recital 9 a (new)
(9a) Ecosystems, people and economies in the Union will face major impacts from climate change if there is no adaptation to climate change. Adaptation is a key component of the long-term global response to climate change by further minimising unavoidable impacts in a cost- effective manner, with considerable co- benefits from the use of nature-based solutions. Therefore, Member States and the Union should enhance their adaptive capacity, strengthen resilience and reduce vulnerability to climate change, as provided for in Article 7 of the Paris Agreement. Member States should adopt comprehensive national adaptation strategies and plans and the Commission should help in the monitoring of progress on adaptation by developing indicators.
2021/03/11
Committee: ENVI
Amendment 177 #

2020/0300(COD)

Proposal for a decision
Recital 10
(10) The 8th EAP should set out thematic priority objectives in areas of climate neutrality, adaption to climate change, protecting and restoring terrestrial and marine biodiversity, circular economy, the zero pollution ambition and reducing environmental pressures from production and consumption. It should furthermore identify the enabling conditions to achieve the long-term and the thematic priority objectives for all actors involved.
2021/03/11
Committee: ENVI
Amendment 181 #

2020/0300(COD)

Proposal for a decision
Recital 10 a (new)
(10a) Blue carbon which represents the carbon stored in marine and coastal ecosystems such as mangroves, salt marshes and seagrasses, offers a wide range of mitigation and adaptation benefits and contributes to achieve climate neutrality; when degraded or destroyed, these ecosystems emit into the atmosphere and the ocean the carbon they have stored for centuries and become sources of greenhouse gases emissions and should therefore be protected and restored.
2021/03/11
Committee: ENVI
Amendment 183 #

2020/0300(COD)

Proposal for a decision
Recital 10 b (new)
(10b) The recognition of certain ecosystems such as the ocean and water as global common would facilitate understanding, awareness and would encourage actions from all levels of society, including citizens, towards the preservation of these ecosystems.
2021/03/11
Committee: ENVI
Amendment 187 #

2020/0300(COD)

Proposal for a decision
Recital 11
(11) Environment policy being highly decentralised, action to achieve the priority objectives of the 8th EAP should be takenefficiently implemented and monitored at different levels of governance, i.e. at the European, the national, the regional and the local level, with a collaborative approach to multi-level governance. The integrated approach to policy development and implementation should be strengthened with a view to maximising the synergies between economic, environmental and social objectives, while paying careful attention to potential trade-offs and to the needs of vulnerable groups. Moreover, and ecosystems. Moreover, access to information, public participation in decision-making, access to justice in environmental matters and transparent engagement with non- governmental actors is important for ensuring the success of the 8th EAP and the achievement of its priority objectives.
2021/03/11
Committee: ENVI
Amendment 191 #

2020/0300(COD)

Proposal for a decision
Recital 11
(11) More coherence in public policies requires better governance. Environment policy being highly decentralised, action to achieve the priority objectives of the 8th EAP should be taken at different levels of governance, i.e. at the European, the national, the regional and the local level, with a collaborative approach to multi- level governance. The integrated approach to policy development and implementation should be strengthened with a view to maximising the synergies between economic, environmental and social objectives, while paying careful attention to potential trade-offs and to the needs of vulnerable groups. Moreover, transparent engagement between administrations, and with non- governmental actors is important for ensuring the success of the 8th EAP and the achievement of its priority objectives.
2021/03/11
Committee: ENVI
Amendment 218 #

2020/0300(COD)

Proposal for a decision
Recital 14 a (new)
(14a) Knowledge of marine resources remain little and needs to be enhanced, biological and mineral resources of the ocean are a true richness, which needs to be preserved, in order to avoid transfer of impact on resources including in the high seas. The Union should defend an ambitious governance model in the United Nations international negotiations on marine biodiversity beyond national jurisdictions, and should recognise the ocean as a global common, in order to adopt a new vision that places individual and collective responsibilities above the principles of the law of the sea, freedom and sovereign rights and thus guarantee its preservation.
2021/03/11
Committee: ENVI
Amendment 306 #

2020/0300(COD)

Proposal for a decision
Article 2 – paragraph 2 – point a
(a) irreversible and gradual reduction of greenhouse gas emissions and enhancement of removals by natural terrestrial and marine carbon sinks and other sinks in the Union to attain the 2030 greenhouse gas emission reduction target and achieve climate neutrality by 2050 as laid down in Regulation (EU) …/…32 ; __________________ 32 COM/2020/80 final.
2021/03/11
Committee: ENVI
Amendment 308 #

2020/0300(COD)

Proposal for a decision
Article 2 – paragraph 2 – point b
(b) continuous progress in enhancing and mainstreaming adaptive capacity, strengthening resilience and reducing vulnerability to climate change; at all levels of society and across all sectors of the economy and the environment, while improving prevention and preparedness for natural disasters;
2021/03/11
Committee: ENVI
Amendment 336 #

2020/0300(COD)

Proposal for a decision
Article 2 – paragraph 2 – point e
(e) protecting, preserving and restoring biodiversity and enhancing natural capital, notably air, water, soil, and forest, freshwater, wetland and marine ecosystems, with at least 30 % of the Union’s land and marine areas protected, including at least 10 % of the Union’s land and sea areas strictly protected, and in addition, the establishment of marine protected areas in the Arctic and Antarctic Oceans in cooperation with third countries, as well as implementing the binding nature-restoration targets laid down in Union legislation;
2021/03/11
Committee: ENVI
Amendment 338 #

2020/0300(COD)

Proposal for a decision
Article 2 – paragraph 2 – point e
(e) protecting, preserving and restoring biodiversity and ecosystem services and enhancing natural capital, notably air, water, soil, and forest, freshwater, wetland and marine ecosystems, including ocean degradation, eutrophication and acidification;
2021/03/11
Committee: ENVI
Amendment 349 #

2020/0300(COD)

Proposal for a decision
Article 2 – paragraph 2 – point f
(f) promoting environmental sustainability and reducing key environmental and climate pressures related to the EU production and consumption footprint, in particular in the areas of energy, industrial development, buildings and infrastructure, mobility and the food system. , international trade, the food systems and agriculture including EU-driven global deforestation.
2021/03/11
Committee: ENVI
Amendment 359 #

2020/0300(COD)

Proposal for a decision
Article 2 – paragraph 2 a (new)
2a. The thematic priority objectives laid down in paragraph 2 shall be understood as covering the targets and actions set out in the European Green Deal strategies as well as the targets in Union legislation that contribute to the achievement of these objectives; these targets and actions shall be taken into account when developing the monitoring framework for assessing the progress of the 8th EAP.
2021/03/11
Committee: ENVI
Amendment 378 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point a a (new)
(aa) effectively integrating the new annual biodiversity spending target of 7.5% in the multi-annual financial Framework (MFF) from 2024, in view of reaching 10% in 2026 and 2027 and progressively increasing the annual biodiversity spending target under the next MFF while ensuring consistency between climate and biodiversity funding;
2021/03/11
Committee: ENVI
Amendment 380 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point a b (new)
(ab) Integrating and operationalising the “do no significant harm" as referred to in Article 17 of Regulation (EU) 2020/852 in the European Commission Better Regulation toolbox, including a Think sustainability first approach for all new initiatives and evaluations, ensuring environmental and climate impacts are a compulsory part of all impact assessments, and developing further comprehensive impact assessment tools considering individual and cumulative effects and both the costs of action and non-action in terms of immediate and long-term impacts;
2021/03/11
Committee: ENVI
Amendment 405 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point b – indent 4
– regularly evaluating existing policies and preparing impact assessments for new initiatives, which are based on wide consultations following procedures that are accountable, inclusive, informed and simple to implement, and which pay due regard to projected impacts on environment and climatemediate and long-term impacts on environment, biodiversity and climate and that take into account the costs of action and non- action in terms of immediate and long- term impacts;
2021/03/11
Committee: ENVI
Amendment 421 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point c
(c) effectively integrating environmental and climate sustainability extending, without weakening, the European Semester process by integrating the European Semester of economic governance,Union's climate and environmental objectives, notably biodiversity objectives, as well as including them in the National Reform Programmes and National Recovery and Resilience plans, in order to provide Member States with analysis and indicators on top of the existing economic indicators, thus better reflecting the current challenges our Union faces in reducing its ecological footprint and making the process a driver of change towards sustainable wellbeing for all in Europe;
2021/03/11
Committee: ENVI
Amendment 427 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point c a (new)
(ca) supporting, through the European Semester, the Union's effort to achieve climate neutrality by 2050 at the latest; the Commission shall assess the discrepancy between the structure of the Member States’ budgets and a Paris- aligned scenario for each of their national budgets, thus enabling to provide recommendations on Member States’ climate debt and on the reduction of their climate investment gap associated to the Union's objective of climate neutrality by 2050 at the latest;
2021/03/11
Committee: ENVI
Amendment 433 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point d
(d) mobilising sustainable investments from public and private sources, including of funds and instruments available under the Union budget, via the European Investment Bank and at national level; in line with Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment and the "do no significant harm" referred to in the Taxonomy Regulation.
2021/03/11
Committee: ENVI
Amendment 438 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point d a (new)
(da) Make use of the do no significant harm guidelines developed as part of the Recovery and Resilience Facility to screen all EU budget and ensure the respect with the "do no significant harm" referred to in Article 17 of Regulation (EU) 2020/852
2021/03/11
Committee: ENVI
Amendment 456 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point f
(f) ensuring that environmental policies and action are based on the best available scientific knowledge and technologies and strengthening the environmental knowledge base and its uptake, including by research, innovation, fostering green skills, and further building up environmental and ecosystem accounting, as well as fostering the continuous improvement of scientific knowledge on the basis of indicators comparable at regional level as well, in order to inform decision-making;
2021/03/11
Committee: ENVI
Amendment 464 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point f a (new)
(fa) advancing and closing gaps in knowledge as well as in relevant indicators sets on the planetary boundaries and on the Union consumption footprint, including EU- driven deforestation and forest degradation in third countries
2021/03/11
Committee: ENVI
Amendment 470 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point f a (new)
(fa) establishing a common legislative framework for the protection and sustainable use of soil at EU level;
2021/03/11
Committee: ENVI
Amendment 495 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point g a (new)
(ga) fully mainstreaming adaptation to climate change across all sectors and policies;
2021/03/11
Committee: ENVI
Amendment 496 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point g b (new)
(gb) working towards the elimination of hazardous high-risk chemicals, including endocrine disrupting chemicals, and pesticides, assessing its impacts on sustainability, environment, health, biodiversity, and climate, and promoting greater use, affordability, and access to safe alternatives to accompany the sustainable and just transition;
2021/03/11
Committee: ENVI
Amendment 498 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point g d (new)
(gd) holistically recognising links between human health, animal health and the environment through integrating the One Health principle in policy-making;
2021/03/11
Committee: ENVI
Amendment 500 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point h
(h) making full use of nature based solutionsbiodiversity- inclusive nature based solutions to maximize ecosystem's connectivity, restoration, benefits, building on synergies between biodiversity conservation and climate change mitigation and adaptation and social innovation;
2021/03/11
Committee: ENVI
Amendment 511 #

2020/0300(COD)

Proposal for a decision
Article 3 – paragraph 1 – point j
(j) making the data and evidence linked to the implementation of the 8th EAP publicly available and easily accessible, enhancing cooperation between administrations and allowing citizens to easily access information and identify the relevant competences and responsibilities at all governance levels, without prejudice to provisions on confidentiality in domain specific legislation, with a view to spreading ownership of the 8th EAP;
2021/03/11
Committee: ENVI
Amendment 560 #

2020/0300(COD)

Proposal for a decision
Article 4 – paragraph 1
1. The Commission, supported by the European Environment Agency and the European Chemicals Agency, shall assess and report on the progress of the Union and the Member States with regard to achieving the priority objectives laid down in Article 2 on a regularn annual basis, taking into consideration the enabling conditions laid down in Article 3.
2021/03/11
Committee: ENVI
Amendment 583 #

2020/0300(COD)

Proposal for a decision
Article 4 – paragraph 3 – point d a (new)
(da) improving and increasing knowledge on carbon stocks and their ability to operate as carbon sinks;
2021/03/11
Committee: ENVI
Amendment 584 #

2020/0300(COD)

Proposal for a decision
Article 4 – paragraph 3 – point d b (new)
(db) comprehensively monitoring soil quality and its sustainable use in Europe;
2021/03/11
Committee: ENVI
Amendment 585 #

2020/0300(COD)

Proposal for a decision
Article 4 – paragraph 3 – point d c (new)
(dc) closing critical knowledge gaps and improving our understanding of biodiversity and climate tipping points in the European Union to guide policy development;
2021/03/11
Committee: ENVI
Amendment 587 #

2020/0300(COD)

Proposal for a decision
Article 4 – paragraph 3 – point f
(f) ensuring transparency, accessibility and accountability;
2021/03/11
Committee: ENVI
Amendment 596 #

2020/0300(COD)

Proposal for a decision
Article 4 – paragraph 4 a (new)
4a. The Commission shall present, where appropriate, by 31 March 2025 at the latest, a legislative proposal to add to the 8th EAP an Annex for the period after 2025 containing the list of clear actions necessary to achieve the priority objectives set out in Article 2(2) at Union and Member State Level and the respective timetable to deliver on these actions.
2021/03/11
Committee: ENVI
Amendment 599 #

2020/0300(COD)

Proposal for a decision
Article 5 – paragraph -1 (new)
-1. By 31 March 2024, the Commission shall carry out a mid-term evaluation of the progress achieved towards the thematic priority objectives set out in Article 2(2), including the targets under the EGD, based on the most recent assessment referred to in Article 4(1), and submit a report to the European Parliament and to the Council. The mid-term evaluation of the 8th EAP shall include an assessment of the efficacy and efficiency of the progress of all environmental objectives at Union and Member State level with the aim of deploying this new approach in the context of monitoring progress towards the 8th EAP priority objectives for the period 2025-2030 and any subsequent Union Environment Action Programme.
2021/03/11
Committee: ENVI
Amendment 25 #

2020/0289(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) In order to ensure that the administrative and judicial procedures provided for in this Regulation are effective, the costs of such procedures should not be prohibitively expensive. To this aim, also the cost requests of the Union institutions and bodies, if they are successful in litigation, should always be reasonable.
2021/03/11
Committee: ENVI
Amendment 33 #

2020/0289(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) Article 9(3) and 9(4) of the Aarhus Convention provides access to judicial and administrative review procedures for members of the public so that they can challenge the substantive or procedural legality of decisions, acts or omissions that may contravene environmental law. Enhancing access to administrative and judicial review is necessary for the Union to comply with the requirements of provisions of Article 9(3) and 9(4) of the Aarhus Convention, and to deliver on the commitments under the European Green Deal to improve access to justice.
2021/03/11
Committee: ENVI
Amendment 44 #

2020/0289(COD)

Proposal for a regulation
Recital 6
(6) The definition of an administrative act for the purposes of Regulation (EC) No 1367/2006 should include non-legislative acts. However, a non legislative act might entail implementing measures at national level against which environmental non- governmental organisations can obtain judicial protection, including before the CourtFor the sake of consistency and in view of the link between the concept of an act having ‘legally binding and external effects’, within the meaning of JusArticle of the European Union (CJEU) through a procedure for preliminary ruling under2(1)(g) of the Aarhus Regulation, and that of an act producing legal effects vis-à-vis third parties, within the meaning of Article 2673 TFEU. Therefore, it is appropriate to exclude from the scope of the internal review those provisions of such non- legislative acts for which Union law requires implementing measures at national level, it is reasonable to interpret the former in accordance with the latter.
2021/03/11
Committee: ENVI
Amendment 49 #

2020/0289(COD)

Proposal for a regulation
Recital 7
(7) In the interest of legal certainty, in order for any provisions to be excluded from the notion of administrative act, Union law must explicitly require the adoption of implementing acts for those provisions.deleted
2021/03/11
Committee: ENVI
Amendment 50 #

2020/0289(COD)

Proposal for a regulation
Recital 8
(8) In order to ensure effectiveness, the review of those provisions of an administrative act for which Union law explicitly requires implementing measures at Union level may also be sought when the review of the Union-level implementing measure is requesdeleted.
2021/03/11
Committee: ENVI
Amendment 85 #

2020/0289(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1367/2006
Article 2 – paragraph 1 – point g
(g) ‘administrative act’ means any non- legislative act adoptedtaken by a Union institution or body, which has legally binding and external effects and contains provisions that may, because of their effects vis-à-vis third parties, contravene environmental law within the meaning of point (f) of Article 2(1), excepting those provisions of this act for which Union law explicitly requires implementing measures at Union or national level;
2021/03/11
Committee: ENVI
Amendment 116 #

2020/0289(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 1
Any non-governmental organisation or other member of the public which meets the criteria set out in Article 11 is entitled to make a request for internal review to the Union institution or body that has adopted an administrative act or, in case of an alleged administrative omission, should have adopted such an act, on the grounds that such an act or omission contravenes environmental law.
2021/03/11
Committee: ENVI
Amendment 124 #

2020/0289(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1367/2006
Article 10 – paragraph 1 – subparagraph 2
Where an administrative act is an implementing measure at Union level required by another non-legislative act, the non-governmental organisation or other member of the public may also request the review of the provision of the non- legislative act for which that implementing measure is required when requesting the review of that implementing measure.
2021/03/11
Committee: ENVI
Amendment 142 #

2020/0289(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 g (new)
Regulation (EC) No 1367/2006
Article 12 – paragraph 1
2g. Article 12, paragraph 1 is amended as follows: ‘1. The non-governmental organisation or other member of the public which made the request for internal review pursuant to Article 10 may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.FEU, to review the substantive and procedural legality of that decision.’
2021/03/11
Committee: ENVI
Amendment 147 #

2020/0289(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 h (new)
Regulation (EC) No 1367/2006:
Article 12 – paragraph 2
2h. Article 12, paragraph 2 is amended as follows: ‘2. Where the Community institution or body fails to act in accordance with Article 10(2) or (3) the non-governmental organisation or other member of the public may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.FEU.’
2021/03/11
Committee: ENVI
Amendment 5 #

2020/0108(COD)

Proposal for a regulation
Recital 1
(1) The Covid-19 pandemic is a major shock to the global and Union economy. Due to the necessary containment measures, economic activity in the EU dropped significantly. The contraction in EU GDP in 2020 is expected to be around 7.5%, far deeper than during the financial crisis in 2009. The outbreak of the pandemic has shown the interconnectivity of global supply chains and exposed some vulnerabilities such as the over-reliance of strategic industries on non-diversified external supply sources. Such vulnerabilities need to be addressed, to improve the Union’s emergency response as well as the resilience of the entire economy, while maintaining its openness to competition and trade in line with its rules. Investment activity is expected to have dropped significantly. Even before the pandemic, while a recovery in investment-to-GDP ratios in the Union could be observed, it remained below what might be expected in a strong recovery and was insufficient to compensate for years of underinvestment following the 2009 crisis. More importantly, the current investment levels and forecasts do not cover the Union’s needs for structural investment to restart and sustain long-term growth in the face of technological change and global competitiveness, including for innovation, skills, infrastructure, small and medium- sized enterprises (SMEs) and the need to address key societal challenges such as sustainability or population ageing. Consequently, in order to achieve the Union's policy objectives, in particular the objective of climate neutrality by 2050 and to support a swift, inclusive and healthy economic recovery, support is necessary to address market failures and sub-optimal investment situations and to reduce the investment gap in targeted sectors.
2020/09/04
Committee: ENVI
Amendment 59 #

2020/0108(COD)

Proposal for a regulation
Recital 28
(28) The primary focus of the strategic European investment window should be on support to those final recipients established in a Member State and operating in the Union whose activities are of strategic importance to the Union in particular in view of the green andUnion climate and environment objectives, notably the objective of climate neutrality by 2050, the digital transitions and of enhanced resilience in areas of (i) critical healthcare provision, manufacturing and stockpiling of pharmaceuticals, medical devices and medical supplies, strengthening of health crisis response capacity and of the civil protection system, (ii) critical infrastructure, whether physical or virtual; (iii) provision of goods and services instrumental to the operation and maintenance of such infrastructure, (iv) key enabling, transformative, green and digital technologies and game-changing innovations where the investment is strategically important for the Union’s industrial future, including artificial intelligence, blockchain, software, robotics, semiconductors, microprocessors, edge cloud technologies, high-performance computing, cybersecurity, quantum technologies, photonics, industrial biotechnology, renewable energy technologies, energy storage technologies including batteries, sustainable transport technologies, clean hydrogen and fuel cell applications, decarbonisation technologies for industry, carbon capture and storage, circular economy technologies biomedicine, nanotechnologies, pharmaceuticals and advanced materials; (v) manufacturing facilities for mass production of Information Communication and Technology components and devices in the EU; (vi) supply and stockpiling of critical inputs to public actors, businesses or consumers in the Union; (vii) critical technologies and inputs for the security of the Union and its Member States, such as defence and space sectors and cybersecurity, and dual use items as defined in point 1 of Article 2 of Council Regulation (EC) No 428/2009. The final recipients should have their registered office in a Member State and they should be active in the Union in the sense that they have substantial activities in terms of staff, manufacturing, research and development or other business activities in the Union. Projects which contribute to diversification of strategic supply chains in the Single Market through operations in multiple locations across the EU should be able to benefit. Activities should not be eligible for support under this Regulation if they are inconsistent with the achievement of the Paris Agreement and the European Green Deal´s climate and environmental objectives, notably the objective of climate neutrality by 2050 and the objectives set according to Regulation XXXX/XX (European Climate Law) or not complying with the ‘do no significant harm’ criteria established by Regulation 2020/852.
2020/09/04
Committee: ENVI
Amendment 112 #

2020/0108(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point e – introductory part
(e) a strategic European investment policy window which comprises strategic investment to support final recipients that are established in a Member State and that operate in the Union, and whose activities are of strategic importance to the Union, in particular in view of the green andUnion climate and environment objectives, notably the objective of climate neutrality by 2050 and the objectives set according to Regulation XXXX/XX (European Climate Law), the digital transitions and of enhanced resilience, in one of the following areas:
2020/09/04
Committee: ENVI
Amendment 146 #

2020/0108(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point e – point vii – paragraph 2
Activities shall not be eligible for support under this Regulation if they are: (a) inconsistent with the achievement of the Paris Agreement and the European Green Deal´s climate and environmental objectives, notably the objective of climate neutrality by 2050 and the objectives set according to Regulation XXXX/XX (European Climate Law) (b) not complying with the ‘do no significant harm’ principle established by Regulation 2020/852. The Steering Board shall set any necessary requirements relating to the control and executive management of final recipients for other areas under the strategic European investment window, and to the control of intermediaries under that window, in the light of any applicable public order or security considerations.
2020/09/04
Committee: ENVI
Amendment 24 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – subparagraph 3 – introductory part
The operations concerned shall be consistent with Union policies, including the European Green Deal9 and the respect of the “do not significant harm" principle referred to in Regulation (EU) 2020/852 and the Strategy on shaping Europe’s digital future10 , as well as supporting an inclusive and symmetric recovery in the aftermath of the COVID-19 pandemic, and support any of the following general objectives:’ _________________ 9 COM(2019)640 final. 10 COM(2020)67 final.
2020/07/20
Committee: ENVI
Amendment 35 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – subparagraph 1 – point a
(a) target that at least 40 % of EFSI financing under the infrastructure and innovation window support project components that contribute to climate action, in line with the commitments made at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21). EFSI financing for SMEs and small mid- cap companies shall not be included in that computation. The EIB shall use its internationally agreed methodologythe criteria provided for in Regulation (EU) 2020/852 to identify those climate action project components or cost shares;
2020/07/20
Committee: ENVI
Amendment 67 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – section 6 – point d – indent 5
— Companies targeted by funds, special purpose vehicles or investment platforms shall be encouraged to comply, to the extent possible,comply with minimum high- level social and environmental safeguards in line with guidance provided by the Steering Board. Such guidance should include the respect of the “do no significant harm" principle referred to in Regulation (EU) 2020/852 and adequate provisions for avoiding undue administrative burdens, taking into account the size of companies and including lighter provisions for SMEs. Companies with a certain level of exposure to a pre-defined list of environmentally harmful activities, in particular the sectors covered by the EU Emissions Trading System (EU ETS), shall be encouraged to put in place, in the future, green transition plansput in place green transition plans which demonstrate on an annual basis how the public support received is used to align their operations with the Union’s climate and environmental objectives and the Paris Agreement. Companies shall also be encouraged to advance in their digital transformation. Technical assistance shall be available to assist companies for the purpose of these transitions.
2020/07/20
Committee: ENVI
Amendment 34 #

2020/0104(COD)

Proposal for a regulation
Recital 11
(11) Reflecting the European Green Deal as Europe’s sustainable growth strategy and the translation of the Union's commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the Facility established by this Regulation will contribute to mainstreaming climate actions and environmental sustainability and should reserve 37% of its funding for climate objectives with a view to the achievement of an overall target of 25 30% of the EU budget expenditures supporting climate objectives, in line with the Commission working document fiche 84 on Climate mainstreaming. As a general principle, all Union expenditures should be consistent with the objectives of Paris agreement.
2020/09/09
Committee: ENVI
Amendment 118 #

2020/0104(COD)

Proposal for a regulation
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 andclimate and environment objectives of the Union, notably the transition towards achieving the Union’s 2030 climate targets and complying with the objective of Union climate neutrality by 2050 in accordance with [Regulation 2020/XXX establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/199 ("European Climate Law")], the digital transitions, health, competitiveness, resilience, productivity, education and skills, research and innovation, smart, sustainable and inclusive growth, jobs and investment, and the stability of the financial systems.
2020/09/09
Committee: ENVI
Amendment 129 #

2020/0104(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The general objective of the Recovery and Resilience Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience and adjustment capacity of the Member States and contributing to the Union’s strategic autonomy, mitigating the social and economic impact of the crisis, and supporting the green andtransition towards achieving the Union’s 2030 climate targets and complying with the objective of Union climate neutrality by 2050 and the digital transitions, thereby contributing to restoring the growth potential of the economies of the Union, fostering employment creation in the aftermath of the COVID-19 crisis, and promoting sustainable growth. To contribute to, and be fully consistent with, the objectives of the Paris Agreement and the European Green Deal, at least 37 % of the amount of each Recovery and Resilience Plan shall contribute to mainstreaming climate actions. All funds under the Recovery and Resilience plans shall respect the “do not significant harm” principle referred to in Regulation (EU) 2020/852.
2020/09/09
Committee: ENVI
Amendment 138 #

2020/0104(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1 a. The Commission shall adopt a delegated act by 31 December 2020 supplementing this Regulation by establishing a methodology for identifying climate spending, using where relevant, the EU taxonomy established by Regulation (EU) 2020/852.
2020/09/09
Committee: ENVI
Amendment 172 #

2020/0104(COD)

Proposal for a regulation
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 andclimate and environment objectives of the Union, notably the transition towards achieving the Union’s 2030 climate targets and complying with the objective of Union climate neutrality by 2050 in accordance with [Regulation 2020/XXX establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 ("European Climate Law")] and the digital transition. 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 as well as their long- term strategies 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. To ensure that the recovery and resilience plans contribute to the achievement of climate neutrality by 2050 in the Member States, at least 37 % of the amount of each Recovery and Resilience Plan shall contribute to mainstreaming climate actions. _________________ 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 […]
2020/09/09
Committee: ENVI
Amendment 180 #

2020/0104(COD)

Proposal for a regulation
Article 14 – paragraph 2 a (new)
2 a. The national recovery and resilience plans shall be fully consistent with the climate and environment objectives of the Union, notably the transition towards achieving the Union’s 2030 climate targets and complying with the objective of Union climate neutrality by 2050 in accordance with [Regulation 2020/XXX establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 ("European Climate Law")] as well as the Union´s energy and climate targets as laid down in Regulation 2018/1999 of the European Parliament and of the Council1a and respect the ‘do not significant harm’ principle referred to in Regulation (EU) 2020/852 . The Commission shall adopt a delegated act by 31 December 2020 supplementing this Regulation by establishing detailed rules for the application of the ‘do not significant harm’ criteria under this Regulation. _________________ 1aRegulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
2020/09/09
Committee: ENVI
Amendment 191 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point b
(b) an explanation of how the plan strengthens the growth potential, job creation and economic and social resilience of the Member State concerned, mitigates the economic and social impact of the crisis, and its contribution to enhance economic, social and territorial cohesion and convergence;, how it respects the ‘do not significant harm’ guidelines established under this Regulation as well as an explanation of how in the plan will significantly decrease the investment gap in respect of the transition to a climate neutral economy. In the cases where the Facility is used to support a company in a high carbon sector, Member States shall disclose how the company plans to align its business model with the Paris Agreement and associated Union climate goals, including through the publication of transition plans by the company.
2020/09/09
Committee: ENVI
Amendment 196 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point c
(c) an explanation of how the measures in the plan are expected to contribute to the green and the digital transitions or to(i) the climate and environment objectives of the Union and in particular how: - the transition towards achieving the Union’s 2030 climate targets and complying with the objective of Union climate neutrality by 2050 in accordance with [Regulation (EU) 2020/XXX establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 ("European Climate Law")]; - the measures respect the “do not significant harm” principle referred to in Regulation (EU)2020/852; - the measures will contribute to achieve the climate mainstreaming target of 37% in each Recovery and Resilience Plan and to significantly decrease the climate friendly investment gap, using when relevant, the EU taxonomy established by Regulation (EU) 2020/852;and (ii) the digital transition or to addressing the challenges resulting from them; it;
2020/09/09
Committee: ENVI
Amendment 241 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point b
(b) whether the plan contains measures that effectively contribute to the green and the digital transitions(i) the climate and environment objectives of the Union and in particular how: - the measures contribute to the transition towards achieving the Union’s 2030 climate targets and complying with the objective of Union climate neutrality by 2050 in accordance with the [Regulation (EU) 2020/XXX establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 ("European Climate Law")]; - the measures respect the “do not significant harm” principle referred to in Regulation (EU) 2020/852; - the measures will contribute to achieve the climate mainstreaming target of 37% in each Recovery and Resilience Plan and to significantly decrease the climate friendly investment gap, using when relevant the EU taxonomy established by Regulation (EU) 2020/852;and (ii) the digital transition or to addressing the challenges resulting from ithem;
2020/09/09
Committee: ENVI
Amendment 246 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point b a (new)
(b a) The Commission shall draw up a summary of the assessments outlining whether the activities in the plans respect the “do not significant harm” principle referred to in Regulation (EU) 2020/852. The Commission shall also draw up an assessment of whether the plans meets objectives related to climate and environment set out in Article 4. The Commission shall make these assessments public.
2020/09/09
Committee: ENVI
Amendment 352 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.2 – introductory part
2.2 The plan contains measures that effectively contribute to the green and the digital transitions or to addressingclimate and environment objectives of the Union, notably the transition towards achieving the Union’s 2030 climate targets and the objective of Union climate neutrality by 2050 in accordance with the [Regulation (EU) 2020/XXX establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 ("EuropeanClimate Law")] and the digital transition or to the challenges resulting from them.
2020/09/09
Committee: ENVI
Amendment 360 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 1 – indent 1
1- the implementation of the envisaged measures is expected to significantly contribute to establishthe reduction of the climate- and environmental-friendly investment gap systems and to the greening of economic or social sectors with a view to contribute to the overall objectives of a climate-neutral Europe by 2050 and other objectives set according to [Regulation (EU) 2020/XXX establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 ("European Climate Law")];
2020/09/09
Committee: ENVI
Amendment 364 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 2 – introductory part
orand
2020/09/09
Committee: ENVI
Amendment 366 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 2 – indent 1
2- the implementation of the envisaged measures is expected to significantly contribute to the digital transformation of economic or social sectors;
2020/09/09
Committee: ENVI
Amendment 369 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 3 –
orand
2020/09/09
Committee: ENVI
Amendment 370 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 3 – indent 1
3 - the implementation of the envisaged measures is expected to significantly contribute to address the challenges resulting from the green and/orclimate and environment objectives of the Union, notably the transition towards achieving the Union’s 2030 climate targets and the objective of Union climate neutrality by 2050 in accordance with [Regulation (EU) 2020/XXX establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 ("European Climate Law")] and the digital transitions
2020/09/09
Committee: ENVI
Amendment 374 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 4 – indent 1
4 - the implementation of the envisaged measures is expected to have a lasting impact. The Commission shall assess whether the measures proposed by the plan are likely to contribute to reach the objectives related to climate targets set out in Article 4.
2020/09/09
Committee: ENVI
Amendment 1076 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. When assessing the recovery and resilience plan and in the determination of the amount to be allocated to the Member State concerned, the Commission shall take into account the analytical information on the Member State concerned available in the context of the latest European Semester, the most recent Council recommendation on the economic policy of the euro area for Member States whose currency is the euro, as well as the justification and the elements provided by the Member State concerned, as referred to in Article 15(3), and any other relevant information including, in particular, the one contained in the National Reform Programme and the National Energy and Climate Plan of the Member State concerned and, if relevant, information from technical support received via the Technical Support Instrument.
2020/09/25
Committee: BUDGECON
Amendment 1099 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point a
(a) whether the recovery and resilience plan is expected to contribute to effectively address challenges identified in the latest relevant country-specific recommendations addressed to the Member State concerned or, challenges and priorities identified in the most recent Council recommendation on the economic policy of the euro area for Member States whose currency is the euro, and in other relevant documents officially adopted by the Commission in the European Semester;
2020/09/25
Committee: BUDGECON
Amendment 1132 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point b a (new)
(b a) whether the plan contains measures that effectively strengthen the Union's strategic autonomy;
2020/09/25
Committee: BUDGECON
Amendment 1138 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point b b (new)
(b b) whether the plan contains measures that effectively contribute to the implementation of the UN Sustainable Development Goals and to the European Pillar of Social Rights;
2020/09/25
Committee: BUDGECON
Amendment 1141 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point b c (new)
(b c) whether the plan contains measures that effectively contribute to the climate and environmental objectives of the EU, in particular to the achievement of the Union’s updated 2030 climate targets and the objective of climate neutrality by 2050;
2020/09/25
Committee: BUDGECON
Amendment 1144 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point b d (new)
(b d) whether the plan contains measures to ensure that at least 37% of the amount requested for the recovery and resilience plan contribute to mainstreaming climate objectives based on the methodology provided by the Commission in accordance with Article 14(2a) and a demonstration of how the measures significantly decrease the national climate friendly investment gap;
2020/09/25
Committee: BUDGECON
Amendment 1226 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. The Commission shall adopt a decision within fourtwo months of the official submission of the recovery and resilience plan by the Member State, by means of an implementing act. In the event that the Commission gives a positive assessment to a recovery and resilience plan, that decision shall set out the reforms and investment projects to be implemented by the Member State, including the milestones and targets, and the financial contribution allocated in accordance with Article 11.
2020/09/25
Committee: BUDGECON
Amendment 1292 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Where the Commission gives a negative assessment to a recovery and resilience plan, it shall communicate a duly justified assessment within fourtwo months of the submission of the proposal by the Member State.
2020/09/25
Committee: BUDGECON
Amendment 1321 #

2020/0104(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. Where the Commission considers that the reasons put forward by the Member State concerned justify an amendment of the relevant recovery and resilience plan, the Commission shall assess the new plan in accordance with the provisions of Article 16 and shall take a new decision in accordance with Article 17 within fourtwo months of the official submission of the request.
2020/09/25
Committee: BUDGECON
Amendment 1329 #

2020/0104(COD)

Proposal for a regulation
Article 18 – paragraph 3
3. Where the Commission considers that the reasons put forward by the Member State concerned do not justify an amendment of the relevant recovery and resilience plan, it shall reject the request within fourtwo months of its official submission, after having given the Member State concerned the possibility to present its observations within a period of one month of the communication of the Commission's conclusions.
2020/09/25
Committee: BUDGECON
Amendment 1340 #

2020/0104(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Payment of financial contributions to the Member State concerned under this Article shall be made in accordance with the budget appropriations and subject to the available funding. The Commission decisions referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 27(2)5a.
2020/09/25
Committee: BUDGECON
Amendment 1422 #

2020/0104(COD)

Proposal for a regulation
Article 21 a (new)
Article 21 a Discharge procedure Spending under the Facility shall be subject to the discharge procedure by the European Parliament.
2020/09/25
Committee: BUDGECON
Amendment 1481 #

2020/0104(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. For the purpose of the reporting on the activities referred to in paragraph 2, the Commission may use the content of the relevant documents officially adopted by the Commission under the latest European Semester as appropriate, as well as the most recent Council recommendation on the economic policy of the euro area for Member States whose currency is the euro.
2020/09/25
Committee: BUDGECON
Amendment 1499 #

2020/0104(COD)

Proposal for a regulation
Article 25 a (new)
Article 25 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 4, Article 14, and Article 19 shall be conferred on the Commission until 31 December 2027. 3. The delegation of power referred to in Article 4, Article 14, and Article 19 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 4, Article 14, and Article 19 shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
2020/09/25
Committee: BUDGECON
Amendment 3 #

2020/0100(COD)

Proposal for a regulation
Recital 1
(1) The Commission adopted a Communication on the European Green Deal on 11 December 20199 , drawing its roadmap towards a new growth policy for Europe and setting ambitious objectives to counter climate change and for environmental protection. In line with the objective to achieve the Union's 2030 climate and energy targets, and climate neutrality in the Union by 2050 in an effective and fair manner, the European Green Deal announced a Just Transition Mechanism to provide means for facing the climate challenge while leaving no one behind. The most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. At the same time, managing the transition requires significant structural changes. _________________ 9 COM(2019) 640 final.
2020/09/04
Committee: ENVI
Amendment 23 #

2020/0100(COD)

Proposal for a regulation
Recital 5
(5) In order to enhance the economic diversification of territories impacted by the transitionand modernisation of territories most negatively impacted by the transition to a climate-neutral economy, the Facility should cover a wide range of investments, on condition that they contribute to meet the development needs in the transition towards the Union’s 2030 climate and energy targets, and a climate neutral economy by 2050, as described in the territorial just transition plans. The investments supported may cover energy and transport infrastructure, district heating networks, green mobility, smart waste managementsustainable technology and infrastructures for clean, affordable and renewable energy and environmentally- friendly and decarbonised transport, district heating networks, green, smart and sustainable mobility, investments in research and innovation activities, including in universities and public research institutions, fostering the transfer of advanced and market-ready technologies, investments in digitalisation, smart waste management, greenhouse gas emission reduction, clean energy and energy efficiency measures including renovations and conversions of buildings, support to transition to a circular economy, land restoration and decontamination when the “polluters pays” principle cannot be applied, as well as up- and re-skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challenges resulting from the adjustment to climate transition. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities mayshall be used.
2020/09/04
Committee: ENVI
Amendment 49 #

2020/0100(COD)

Proposal for a regulation
Article 1 – paragraph 2
The Facility shall provide support benefitting Union territories facing serious social, environmental and economic challenges deriving from the transition process towards a climate-neutral economy of the Unionthe Union's 2030 targets for climate and energy, as established in [Regulation (EU) 2020/XXX establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999("European Climate Law")] and a climate neutral economy by 2050.
2020/09/04
Committee: ENVI
Amendment 60 #

2020/0100(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The general objective of the Facility is to address serious socio- economic challenges deriving from the transition process towards a climate-neutral economy for the benefit of the Union territories identified in the territorial just transition plans prepared by the Member States in accordance with Article 7 of Regulation [JTF Regulation] and to contribute to the European Green Deals objectives, in particular the transition towards a climate-neutral economy by 2050.
2020/09/04
Committee: ENVI
Amendment 69 #

2020/0100(COD)

Proposal for a regulation
Article 4 a (new)
Article 4 a Access to resources Access to the Facility shall be conditional on the adoption of a national objective towards the achievement of climate neutrality by 2050 at the latest. For those Member States, which have not yet committed to a national target for climate neutrality, only 50% of their national allocation shall be released, while the remaining 50% shall be made available once they have adopted that target.
2020/09/04
Committee: ENVI
Amendment 76 #

2020/0100(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. The Commission shall adopt a decision by means of an implementinglegated act setting out the respective shares for each Member State resulting from the application of the methodology set out in Annex I of Regulation [JTF Regulation] in the form of percentages of the total available resources.
2020/09/04
Committee: ENVI
Amendment 78 #

2020/0100(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point a
(a) the projects achieve measurable impact in addressing serious social, economic or environmental challenges deriving from the transition process towards a climate-neutral economythe Union's 2030 targets for climate and energy, as established in [Regulation (EU) 2020/XXX establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999("European Climate Law")], and a climate neutral economy by 2050, are in line with Regulation (EU) 2020/852, and benefit territories identified in a territorial just transition plan, even if they are not located in those territories;
2020/09/04
Committee: ENVI
Amendment 106 #

2020/0100(COD)

Proposal for a regulation
Article 15 – paragraph 3 a (new)
3 a. Both the interim and final evaluation shall also assess the contribution to the achievement of the Union’s 2030 climate and energy targets as established in [Regulation (EU) 2020/XXX establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999("European Climate Law")], and the contribution to the achievement of a national objective towards climate neutrality by 2050.
2020/09/04
Committee: ENVI
Amendment 66 #

2020/0036(COD)

Proposal for a regulation
Recital 1
(1) The Commission has, in its Communication of 11 December 2019 entitled ‘The European Green Deal’19 , set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. It also aims to protect, conserve, restore and enhance the Union’s natural capital, marine and terrestrial ecosystems and biodiversity, vital allies in the mitigation of climate change and protect the health and well- being of citizens from environment-related risks and impacts. At the same time, this transition must be just and inclusive, leaving no one behind. _________________ 19 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
2020/06/08
Committee: ENVI
Amendment 85 #

2020/0036(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) The IPCC special report entitled «The Ocean and Cryosphere in a Changing Climate » specifies that the ocean contributes to regulate the climate, as it absorbs more than 25% of the CO2 and 93% of the heat emitted by humans into the atmosphere, and supplies 50% of the planet’s oxygen. Climate mechanisms depend on the health of the ocean and marine ecosystems, which are currently affected by global warming, pollution, the overexploitation of marine biodiversity, rising sea levels, acidification, deoxygenation, marine heatwaves, the unprecedented melting of glaciers and sea ice, coastal erosion and extreme weather disturbances. The ocean is essential to achieve climate neutrality, especially through natural carbon sinks, such as mangroves, coral reefs, seagrass beds and salt marshes. However, to contribute to this objective, it is necessary to protect the health of the ocean and restore marine ecosystems, which are subject to significant and sometimes irreversible changes. Therefore, the IPCC recalls that the ocean is part of the solution to mitigate and adapt to the effects of climate change and underlines the necessity to reduce greenhouse gas emissions and pollution on ecosystems, as well as to enhance natural carbon sinks.
2020/06/08
Committee: ENVI
Amendment 99 #

2020/0036(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) The preamble to the Paris Agreement recognises the ‘importance of ensuring the integrity of all ecosystems, including oceans’, and Article 4(1)(d) of the UNFCCC stresses that the Parties thereto shall promote sustainable management, and the conservation and enhancement of sinks and reservoirs of all greenhouse gases, including biomass, forests and oceans as well as other terrestrial, coastal and marine ecosystems. If the Paris agreement goals were to fail, the temperature could exceed the tipping point beyond which the ocean will no longer be able to absorb as much carbon and participate in climate mitigation.
2020/06/08
Committee: ENVI
Amendment 114 #

2020/0036(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) Science has proved the interlinkage between health, environmental and climate crisis, notably linked to the consequences of climate change and the loss of biodiversity and ecosystems. Health and sanitary crises such as COVID-19 might multiply in the decades to come and require the EU, as a global player, to implement a global strategy aimed at preventing the development of such episodes, by addressing issues at their root, and promoting an integrated approach based on the sustainable development goals.
2020/06/08
Committee: ENVI
Amendment 166 #

2020/0036(COD)

Proposal for a regulation
Recital 10
(10) The Union is a global leader in the transition towards climate neutrality, and is determined to help raise global ambition and to strengthen the global response to climate change, using all tools at its disposal, including climate diplomacy. The EU should also reinforce its environmental diplomacy in all international fora, such as the Conference of the Parties to the Convention on Biological Diversity and international negotiations on the ocean, which play a strong role in reaching international climate goals, in line with the Paris Agreement.
2020/06/08
Committee: ENVI
Amendment 196 #

2020/0036(COD)

Proposal for a regulation
Recital 12
(12) The Union and the Member States should aim to achieve a balance between anthropogenic economy- wide emissions and removals, through natural solutions such as carbon sinks, including ocean and marine ecosystems, forests, soils, agricultural, and wetlands and technological solutions, of greenhouse gases domestically within the Union by 2050. The Union-wide 2050 climate- neutrality objective should be pursued and achieved by all Member States collectively, and the Member States, the European Parliament, the Council and the Commission should take the necessary measures to enable its achievement. Measures at Union level will constitute an important part of the measures needed to achieve the objective.
2020/06/08
Committee: ENVI
Amendment 219 #

2020/0036(COD)

Proposal for a regulation
Recital 13
(13) The Union should continue its climate action and international climate leadership after 2050, in particular by helping the most vulnerable populations, through its external action and development policy, in order to protect people and the planet against the threat of dangerous climate change, in pursuit of the temperature goals set out in the Paris Agreement and following the scientific recommendations of the IPCC. and the IPBES.
2020/06/08
Committee: ENVI
Amendment 231 #

2020/0036(COD)

Proposal for a regulation
Recital 14
(14) Adaptation is a key component of the long-term global response to climate change. Therefore, Member States and the Union should enhance their adaptive capacity, strengthen resilience and reduce vulnerability to climate change, as provided for in Article 7 of the Paris Agreement, as well as maximise the co- benefits with other environmental policies and legislation. Member States should adopt comprehensive national adaptation strategies and plans. When adopting their adaptation strategies and plans, Member States should pay special attention to the most vulnerable areas such as coastal areas, islands, and outermost regions, which are particularly impacted by climate change, through natural disasters and extreme weather disturbances, including cyclones, storms, droughts, erosion, heat waves and fires, as well as rising sea level, rising sea surface temperature, flooding of coastal areas, and increasing ocean acidity. Adaptation strategies and plans should encourage nature-based solutions and take due account of the territorial specificities and local knowledge, as well as establish concrete measures to protect marine and coastal ecosystems. Adaptation strategies should also encourage a change of model in vulnerable areas, such as islands, based on environmentally friendly and nature-based solutions. They should enhance self-sufficiency to ensure better living conditions, including sustainable and local agriculture, sustainable management of water, renewable energies, etc., in line with the Sustainable Development Goals, in order to foster their resilience and the protection of their ecosystems.
2020/06/08
Committee: ENVI
Amendment 251 #

2020/0036(COD)

Proposal for a regulation
Recital 15
(15) In taking the relevant measures at Union and national level to achieve the climate-neutrality objective, Member States and the European Parliament, the Council and the Commission should take into account the contribution of the transition to climate neutrality to the well- being of citizens, the prosperity of society and the competitiveness of the economy; energy and food security and affordability; fairness and solidarity across and within Member States considering their economic capability, national circumstances and the need for convergence over time; the need to make the transition just and socially fair; best available scientific evidence, in particular the findings reported by the IPCC and the IPBES; the need to integrate climate change related risks into investment and planning decisions; cost- effectiveness and technological neutrality in achieving greenhouse gas emissions reductions and removals and increasing resilience; the need to manage, preserve and restore marine and terrestrial ecosystems and biodiversity ; progression over time in environmental integrity and level of ambition.
2020/06/08
Committee: ENVI
Amendment 284 #

2020/0036(COD)

Proposal for a regulation
Recital 17
(17) The Commission, in its Communication ‘The European Green Deal’, announced its intention to assess and make proposals for increasing the Union’s greenhouse gas emission reduction target for 2030 to ensure its consistency with the climate-neutrality objective for 2050. In that Communication, the Commission underlined that all Union policies should contribute to the climate-neutrality objective and that all sectors should play their part. It also emphasises that the Green Deal is an integral part of the strategy to implement the United Nation’s 2030 Agenda and the sustainable development goals, which should be at the heart of the EU’s policymaking and action. By September 2020, the Commission should, based on a comprehensive impact assessment and taking into account its analysis of the integrated national energy and climate plans submitted to the Commission in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council36 , review the Union’s 2030 target for climate and explore options for a new 2030 target of 50 to 55 60% emission reductions compared with 1990 levels. Where it considers necessary to amend the Union’s 2030 target, it should make proposals to the European Parliament and to the Council to amend this Regulation as appropriate. In addition, the Commission should, by 30 June 2021, assess how the Union legislation implementing that target would need to be amended in order to achieve emission reductions of 50 to 55 60% compared to 1990. _________________ 36Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
2020/06/08
Committee: ENVI
Amendment 356 #

2020/0036(COD)

Proposal for a regulation
Recital 21
(21) In order to provide predictability and confidence for all economic actors, including businesses, workers, investors and consumers, to ensure that the transition towards climate neutrality is irreversible, to ensure gradual reduction over time and to assist in the assessment of the consistency of measures and progress with the climate- neutrality objective, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission toCommission should set out a trajectory for achieving net zero greenhouse gas emissions in the Union by 2050. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 37 OJ L 123, 12.5.2016, p. 1.
2020/06/08
Committee: ENVI
Amendment 361 #

2020/0036(COD)

Proposal for a regulation
Recital 21 a (new)
(21a) Sectorial roadmaps should facilitate the alignment of a whole ecosystem of stakeholders with the objective of climate neutrality. The roadmap should describe the technological solutions and new policy framework that need to be developed and investments that need to be made within the sector as well as the value chain. These roadmaps should lead to the definition of Green Transition Contracts, by the Commission, setting the commitments of relevant public and private stakeholders of a sector to reach climate neutrality.
2020/06/08
Committee: ENVI
Amendment 375 #

2020/0036(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) The climate footprint of the Union’s consumption is an essential tool to develop to improve the overall consistency of the Union’s climate objectives.
2020/06/08
Committee: ENVI
Amendment 376 #

2020/0036(COD)

Proposal for a regulation
Recital 23 b (new)
(23b) A fully efficient Union’s climate policy should address carbon leakage and develop the appropriate tools, such as a Carbon Border Adjustment Mechanism, to cope with it and protect our standards and the frontrunners of our industries.
2020/06/08
Committee: ENVI
Amendment 385 #

2020/0036(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation establishes a framework for the irreversible and gradual reduction of greenhouse gas emissions and enhancement of removals by natural marine and terrestrial sinks or other sinks in the Union.
2020/06/08
Committee: ENVI
Amendment 396 #

2020/0036(COD)

Proposal for a regulation
Article 1 – paragraph 2
This Regulation sets out a binding objective of climate neutrality in the Union by 2050 in pursuit of the long-term temperature goal set out in Article 2 of the Paris Agreement of holding the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels, and provides a framework for achieving progress in pursuit of the global adaptation goal established in Article 7 of the Paris Agreement.
2020/06/08
Committee: ENVI
Amendment 407 #

2020/0036(COD)

Proposal for a regulation
Article 1 – paragraph 3
This Regulation applies to anthropogenic emissions and removals by natural marine and terrestrial sinks or other sinks of the greenhouse gases listed in Part 2 of Annex V to Regulation (EU) 2018/1999.
2020/06/08
Committee: ENVI
Amendment 419 #

2020/0036(COD)

Proposal for a regulation
Article 2 – title
2 Climate-neutrality and intermediate objectives
2020/06/08
Committee: ENVI
Amendment 447 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. The relevant Union institutions and the Member States shall take the necessary measures at Union and national level respectively, to enable the collective achievement of the climate-neutrality objective set out in paragraph 1, taking into account the importance of promoting fairness and solidarity among Member States and the importance to manage, restore and protect marine and terrestrial biodiversity, ecosystems, and carbon sinks.
2020/06/08
Committee: ENVI
Amendment 477 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. By September 2020, the Commission shall review the Union’s 2030 target for climate referred to in Article 2(11) of Regulation (EU) 2018/1999 iIn light of the climate-neutrality objective set out in Article 2(1), and explore optthe Unions for a new 2030 target of 50 to 55%shall be 60% of domestic emission reductions compared to 1990. Where the Commission considers that it is necessary to amend that target, it shall make proposals to the European Parliament and to the Council as appropriate.
2020/06/08
Committee: ENVI
Amendment 485 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 3 a (new)
3a. By 30 September 2023, the Commission shall, in light of the climate- neutrality objective set out in Article 2(1) set a Union 2040 target of at least 80% emission reductions compared to 1990.
2020/06/08
Committee: ENVI
Amendment 486 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 3 b (new)
3b. The Commission shall design by 30 June 2021 an indicator to monitor the evolution of the reduction of the Union’s climate footprint on the basis of data provided by the European Environment Agency. By 30 June 2023, the Commission shall assess the Union’s climate footprint and bring forward proposals to reduce it such that by 2030 it is consistent with the temperature goals of the Paris Agreement.
2020/06/08
Committee: ENVI
Amendment 495 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how all the Union legislation implementingrelevant to the Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 % emission reductions compared to 1990the target set out in paragraph 3 of this Article, and to achieve the climate-neutrality-objective set out in paragraph 1 of this Article 2(1), and consider taking the necessary measures, including the adoption of legislative proposals, in accordance with the Treaties amending Directive 2003/87/EC, Regulations (EU) 2018/841 and (EU) 2018/842, Directives 2012/27/EU and (EU) 2018/2001, Regulation (EU) 2019/631 of the European Parliament and of the Council1a and Council Directive 2003/96/EC1b, in accordance with the Treaties. _________________ 1aRegulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13). 1bCouncil Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283 31.10.2003, p. 51).
2020/06/08
Committee: ENVI
Amendment 528 #

2020/0036(COD)

Proposal for a regulation
Article 2 a (new)
Article 2a Sectoral climate-neutrality roadmaps 1. By 30 June 2021, the Commission shall establish a harmonised format and a set of criteria that shall constitute the basis for sectoral roadmaps to climate neutrality for high emitting sectors. By this date, the Commission shall define through delegated act these sectors and the turnover threshold for companies to be covered by this Article. 2. Each covered sector in this Article submits its roadmap to the Commission, no later than 12 months after the publication by the Commission of the harmonised format and criteria, setting out how the sector aligns itself with the climate neutrality and intermediate objectives set out in Article 2. 3. On the basis of the roadmap, the Commission shall, no later than 12 months after their submission, propose a Green Transition Contract to the sector, in which public and private actors set out their respective commitments to fulfil the objectives set in the roadmap. 4. By June 2025, the companies covered by this Article that refuses to sign a Green Transition Contract shall not be eligible to the Union’s financial instruments, including financial schemes under the European Investment Bank.
2020/06/08
Committee: ENVI
Amendment 545 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 9 to supplement this Regulation by setting out aBy 30 September 2023, the Commission shall assess and design on the basis of the criteria set out in paragraph 3 trajectory at Union level to achieve the climate-neutrality objective set out in Article 2(1) until 2050 and make a corresponding legislative proposal to that effect. At the latest within six months after each global stocktake referred to in Article 14 of the Paris Agreement, the Commission shall review the trajectory. The Commission shall make, where appropriate, a legislative proposal to adjust the trajectory.
2020/06/08
Committee: ENVI
Amendment 572 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. When setting a trajectory in accordance with paragraph 1, the Commission shall considertake into account the following criteria:
2020/06/08
Committee: ENVI
Amendment 588 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a
(a) cost-effectiveness and economic efficiencythe best available and most recent scientific evidence, including the latest reports of the IPCC;
2020/06/08
Committee: ENVI
Amendment 595 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a a (new)
(aa) the need to ensure a just and socially fair transition;
2020/06/08
Committee: ENVI
Amendment 598 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a b (new)
(ab) the social, economic and environmental costs of inaction and insufficient action;
2020/06/08
Committee: ENVI
Amendment 615 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point b a (new)
(ba) cost-effectiveness and economic efficiency;
2020/06/08
Committee: ENVI
Amendment 623 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point c
(c) best available technology, while respecting the concept of technological neutrality and the need for research in or investments to mature new, promising technology in all sectors;
2020/06/08
Committee: ENVI
Amendment 674 #
2020/06/08
Committee: ENVI
Amendment 677 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point g
(g) investment needs and opportunities;deleted
2020/06/08
Committee: ENVI
Amendment 687 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point h
(h) the need to ensure a just and socially fair transition;deleted
2020/06/08
Committee: ENVI
Amendment 702 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point j
(j) the best available and most recent scientific evidence, including the latest reports of the IPCC.deleted
2020/06/08
Committee: ENVI
Amendment 711 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point j
(j) the best available and most recent scientific evidence, including the latest reports of the IPCC and IPBES.
2020/06/08
Committee: ENVI
Amendment 753 #

2020/0036(COD)

Proposal for a regulation
Article 3 a (new)
Article 3a European Committee on Climate Change 1. By 30 June 2021, the Commission shall set up the European Committee on Climate Change (ECCC), an independent scientific advisory body on climate change, consisting of a network of existing national independent expert advisory bodies and composed of one senior representative by national body. All Members States are encouraged to install such independent expert advisory bodies. In order to avoid duplication of work, the European Environmental Agency (EEA) shall serve as the secretariat of the ECCC. 2. The ECCC can initiate and produce any reports, analysis and recommendations relevant to contribute to achieve the European Union climate’ objectives. The ECCC shall assess any European policies with the Union’s climate objectives.
2020/06/08
Committee: ENVI
Amendment 760 #

2020/0036(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The relevant Union institutions and the Member States shall meet national and Union objectives for climate adaptation, and shall ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change in accordance with Article 7 of the Paris Agreement.
2020/06/08
Committee: ENVI
Amendment 765 #

2020/0036(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. Member States shall develop and implement adaptation strategies and plans that include comprehensive local risk management frameworks, taking into account the specificities of territories, based on robust climate and vulnerability baselines and progress assessments and based on the management, restoration and protection of marine and terrestrial ecosystems to enhance their resilience, as well as, on nature-based solutions. These strategies and plans shall include measures in line with the national and Union objectives on climate adaptation.
2020/06/08
Committee: ENVI
Amendment 774 #

2020/0036(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2a. The Commission shall ask beneficiaries of its financial instruments in high emitting sectors, including projects supported by the European Investment Bank, to carry out a climate adaptation stress test. The list of the concerned beneficiaries and the turnover threshold to be applied shall be set out by delegated acts within six months after the entry into force of this Regulation. Where the beneficiary fails the climate adaptation stress test, they shall not be eligible to the Union’s financial instrument. The Commission shall provide guidance to beneficiaries, based on the EU Strategy on adaptation to climate change and the European Environment Agency’s data on how to align an investment project with climate adaptation requirements. Such guidance shall use appropriately the criteria established by [Regulation on establishment of a framework to facilitate sustainable investment].
2020/06/08
Committee: ENVI
Amendment 779 #

2020/0036(COD)

Proposal for a regulation
Article 4 – paragraph 2 b (new)
2b. As part of its report under Article 14(2) of Directive 2014/89/EU, the Commission shall assess Member States’ maritime spatial plans in light of an ecosystem-based approach and make recommendations as appropriate to address climate adaptation changes in marine and coastal areas.
2020/06/08
Committee: ENVI
Amendment 789 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
By 30 SeptemberJune 20231, and every 5 years thereafter, the Commission shall assess, together with the assessment foreseen under Article 29(5) of Regulation (EU) 2018/1999:
2020/06/08
Committee: ENVI
Amendment 793 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the progress made by each Member State and the collective progress made by all Member States towards the achievement of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory to be established as referred to in Article 3(1) and the intermediate objective set out in Article 2(3); where the trajectory is not available, the assessment shall be made on the basis of the criteria set out in Article 3(3) and the 2030 climate target;
2020/06/08
Committee: ENVI
Amendment 795 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the collective progress made by all Member States towards the achievement of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1); and the intermediate objectives set out in Article 2(3) and Article 2(3a).
2020/06/08
Committee: ENVI
Amendment 806 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
(b) the progress made by each Member State and the collective progress made by all Member States on adaptation as referred to in Article 4.
2020/06/08
Committee: ENVI
Amendment 822 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. By 30 SeptemberJune 20231, and every 5 years thereafter, the Commission shall review:
2020/06/08
Committee: ENVI
Amendment 830 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a
(a) the consistency of Union measures with the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1); and the intermediate objectives set out in Article 2(3) and Article 2(3a).
2020/06/08
Committee: ENVI
Amendment 850 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Where, based on the assessment referred to in paragraphs 1 and 2, the Commission finds that Union measures are inconsistent with the climate-neutrality objective set out in Article 2(1) and the intermediate objectives set out in Article 2(3) and Article 2(3a) or inadequate to ensure progress on adaptation as referred to in Article 4, or that the progress towards either the climate-neutrality objective or on adaptation as referred to in Article 4 is insufficient, it shall take the necessary measures in accordance with the Treaties, at the same time as the review of the trajectory referred to in Article 3(1).
2020/06/08
Committee: ENVI
Amendment 860 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The Commission shall assess anythe alignment of draft measure or legislative proposal, in light ofcluding multiannual financial frameworks of the Union, any guidelines, including guidelines on State aid, with the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1) and the intermediate objective set out in Article 2(3) before adoption, and include this analysis in any impact assessment accompanying these measures or proposals, and make the result of that assessment public at. Where the guideline, draft measure or legislative proposal is not consistent with the climate-neutrality objective set out in Article 2(1) and the intermediate objectives set out in Article 2(3) and Article 2(3a), the Commission shall make corrective measures before the time of adoption.
2020/06/08
Committee: ENVI
Amendment 874 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 4 a (new)
4a. Where the Commission gives its approval to a state aid request by a Member State in accordance with Article 108 TFEU, the Commission shall include provisions in its decision where the beneficiaries shall report every year on how they align their activities with the objectives set out in Article 2(1), Article 2(3) and Article 2(3a).
2020/06/08
Committee: ENVI
Amendment 875 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 4 a (new)
4a. The Commission shall use this assessment to promote the exchange of best practices and to identify actions to contribute to the achievement of the objectives of this Regulation.
2020/06/08
Committee: ENVI
Amendment 876 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 4 b (new)
4 b. Where the Commission makes recommendations to the Council regarding the authorisation to open trade negotiations under Article 207 TFEU, the Commission shall include provisions to make the Paris Agreement an essential element of all future trade and investment agreements. The Commission shall demonstrate that a trade or investment agreement does not conflict with the objectives set out in Articles 2(1), 2(3) and 2(3a) before concluding a political agreement with a third country.
2020/06/08
Committee: ENVI
Amendment 878 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 4 c (new)
4c. The Commission shall disclose which part of the Union’s expenditure is compliant with the taxonomy categories as set out in the Regulation (EU) 2020/[Taxonomy Regulation].
2020/06/08
Committee: ENVI
Amendment 887 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis of the National Energy and Climate Plans or the Biennial, national long-term strategies or Progress Reports submitted in accordance with Regulation (EU) 2018/1999, as relevant for the achievement of and the CAP Strategic Plans submitted in accordance with Regulation (EU) XXXX/XXXX [2018/0216(COD)] of the European Parliament and of the Council as relevant for the achievement of the 2030 target set out in Article 2(3), Article 2(3a) and the climate-neutrality objective set out in Article 2(1) with that objective as expressed by the trajectory referred to in Article 3(1);
2020/06/08
Committee: ENVI
Amendment 902 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point b
(b) the adequacy and effectiveness of relevant national measures to ensure progress on adaptation as referred to in Article 4.
2020/06/08
Committee: ENVI
Amendment 919 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Where the Commission finds, under due consideration of the collective progress assessed in accordance with Article 5(1), that a Member State’s measures are inconsistent with that objective as expressed by the trajectory referred to in Article 3(1) or inadequate to ensure progress on adaptation as referred to in Article 4, it mayshall issue recommendations to that Member State. The Commission shall make such recommendations publicly available at the moment it issues the recommendations.
2020/06/08
Committee: ENVI
Amendment 928 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
2a. The Commission shall use this assessment to promote the exchange of best practices and to identify actions to contribute to the achievement of the objectives of this Regulation.
2020/06/08
Committee: ENVI
Amendment 944 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point c a (new)
(ca) if a Member State fails to comply with its obligations under point (a), fails to take due account of the recommendations referred to in point (c) or fails to implement the strategy and measures adopted in response to the recommendation, the Commission shall take the appropriate measures in accordance with the Treaties.
2020/06/08
Committee: ENVI
Amendment 947 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 3 a (new)
3a. By 2021, the Commission shall develop a climate indicator to assess the consistency of the structure of Member States’ economic and budget plan with the objectives set out in Article 2(1), Article 2(3) and Article 2(3a). The Commission shall use the European Semester to provide Member States with annual communication to align the structure of their economic and budget plan with the objectives set out in Article 2(1), Article 2(3) and Article 2(3a). The Commission shall use the criteria established by [Regulation on establishment of a framework to facilitate sustainable investment] to carry out the assessment mentioned in this paragraph. Within its communication, the Commission shall disclose for each Member States which part of economic and budget plan that is taxonomy compliant and in which category.
2020/06/08
Committee: ENVI
Amendment 966 #
2020/06/08
Committee: ENVI
Amendment 967 #

2020/0036(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) best available scientific evidence, including the latest reports of the IPCC and IPBES; and
2020/06/08
Committee: ENVI
Amendment 977 #

2020/0036(COD)

Proposal for a regulation
Article 7 – paragraph 2 a (new)
2a. By June 2021, the Commission shall adopt an updated tracking methodology to monitor and report trends regarding capital flows towards sustainable investment as per the taxonomy regulation (EU) 2020 /… [Taxonomy Regulation] of the European Parliament and of the Council1a. _________________ 1a Regulation (EU) 2020/… of the European Parliament and of the Council of … on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L …).
2020/06/08
Committee: ENVI
Amendment 1016 #

2020/0036(COD)

Proposal for a regulation
Article 8 a (new)
Article 8a Access to justice 1. For the purposes of actions for annulment taken under Article 263 of the Treaty, individuals shall be considered to be directly and individually concerned by: (a) the trajectory for achieving carbon neutrality adopted under Article 3 and before the Court of Justice of the EU. (b) any acts adopted by the EU as a result of the Commission’s review under Article 3(1) or in response to proposals made by the Commission under Article 5(4).’ 2. Where a Member State fails to comply with the terms of a recommendation issued by the Commission under Article 6(2), Member States shall ensure that individuals have access to justice at national level to seek the judicial review of that inaction consistent with the access to justice requirements of the Aarhus Convention.
2020/06/08
Committee: ENVI
Amendment 1019 #

2020/0036(COD)

Proposal for a regulation
Article 9
1. The power to adopt delegated acts referred to in Article 3(1) is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3(1) shall be conferred on the Commission for an indeterminate period of time from …[OP: date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 3(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.Article 9 deleted Exercise of the delegation
2020/06/08
Committee: ENVI
Amendment 1089 #

2020/0036(COD)

Proposal for a regulation
Article 10 a (new)
Article 10a Amendments to Regulation (EU) 2018/842 Regulation (EU) 2018/842 is amended as follows: (1) In Article 5, the following paragraphs are added: ‘5 a. In any transactions made under the provision referred to in Article 5 (5), annual emissions allocation minimum price is set at 100 Euros for each tonne of carbon dioxide equivalent. 5 b. Member States shall inform the Commission of any actions taken pursuant to this paragraph, and communicate, by March 2025 their intention to use provisions contained in Article 5(5). 5 c. At the latest by June 2025, the Commission shall assess for all Member States the intention to use provisions contained in Article 5(5), and make publicly available the budgetary impact of the use of such provisions.’
2020/06/08
Committee: ENVI
Amendment 33 #

2020/0006(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 175, 192 (1), 194 (1) and 194 (2) thereof,
2020/05/13
Committee: ENVI
Amendment 39 #

2020/0006(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 175, 192 (1), 194 (1) and 194 (2) thereof,
2020/06/03
Committee: ENVI
Amendment 63 #

2020/0006(COD)

Proposal for a regulation
Recital 2
(2) The transition, to a climate-neutral and non-toxic circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
2020/06/03
Committee: ENVI
Amendment 66 #

2020/0006(COD)

Proposal for a regulation
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptable for all. Therefore, both the Union and the Member States must take into account its economic, environmental and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. TheWhat is more, they should ensure that investments are channelled towards economic activities that make the greatest positive environmental impact and provide local economies with a viable long-term vision and future-proof employment prospects. The conditionalities of Union budget hasve an important role in that regard.
2020/06/03
Committee: ENVI
Amendment 84 #

2020/0006(COD)

Proposal for a regulation
Recital 4
(4) As set out in the European Green Deal and the Sustainable Europe Investment Plan, a Just Transition Mechanism should complement the other actions under the next multi-annual financial framework for the period from 2021 to 2027. It should contribute to addressing the social and economic consequences of transitioning towards Union climate neutrality by 2050 at the latest bringing together the Union budget’s spending on climate and social objectives at regional level.
2020/06/03
Committee: ENVI
Amendment 94 #

2020/0006(COD)

(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and workers concerned and to help achieve fair transition towards climate neutrality by 2050 at the latest. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financing the diversification and modernisation of the local economy and by mitigating the negative repercussions on employment. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
2020/06/03
Committee: ENVI
Amendment 136 #

2020/0006(COD)

Proposal for a regulation
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely heavily on fossil fuels or, greenhouse gas intensive industrial activities or manufacturing of products incompatible with the climate neutrality objective which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutralityachieve climate neutrality by 2050 at the latest.
2020/06/03
Committee: ENVI
Amendment 161 #

2020/0006(COD)

Proposal for a regulation
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect ofInvestments shall only be eligible if they are in line with the climate and environmental prioriobjectives of the Union and with the EU Taxonomy for Sustainable Finance. The list of investments should includprioritise those that support people, local economies, job creation and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate-neutral and non-toxic circular economy and be in line with the do no harm principle of the Green Deal. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 at the latest while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and non-toxic circular economy. _________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
2020/06/03
Committee: ENVI
Amendment 173 #

2020/0006(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) The Just transition fund should support activities and deployment of technologies, which are viable in a long term and will not depend on subsidies to operate after initial scaling up. Supported activities should not hamper the development and deployment of low- carbon alternatives and lead to a lock-in in assets harmful to the climate neutrality and environmental objectives, considering their lifetime;
2020/06/03
Committee: ENVI
Amendment 191 #

2020/0006(COD)

Proposal for a regulation
Recital 12
(12) In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate-neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. All investments shall be without prejudice to the energy efficiency first and polluters pay principles. _________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
2020/06/03
Committee: ENVI
Amendment 212 #

2020/0006(COD)

Proposal for a regulation
Recital 14
(14) The JTF support should be conditional on the effective implementation of a transition process in a specific territory in order to achieve a climate-neutral economy. In that regard, Member States shouldwill prepare, in close cooperation with theall relevant stakeholders and supported by the Commission, territorial just transition plans, detailing the transition process, consistently with their National Energy and Climate Plans. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors.
2020/06/03
Committee: ENVI
Amendment 220 #

2020/0006(COD)

Proposal for a regulation
Recital 15
(15) The territorial just transition plans should identify the territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken to reach a climate-neutral economy, enhance employment and prevent environmental degradation, notably as regards the conversion or closure of facilities involving fossil fuel production or other greenhouse gas intensive activities. Those territories should be precisely defined and correspond to NUTS level 3 regions or should be parts thereofan be part of or correspond to larger units such as NUTS level 3 regions. The plans should detail the challenges and needs of those territories and identify the type of operations needed in a manner that ensures the coherent development of climate- resilient economic activities that are also consistent with the transition to climate- neutrality and the objectives of the Green Deal. Only investments in accordance with the transition plans and in line with the climate and environmental objectives of the EU should receive financial support from the JTF. The territorial just transition plans should be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved by the Commission.
2020/06/03
Committee: ENVI
Amendment 228 #

2020/0006(COD)

Proposal for a regulation
Recital 16
(16) In order to enhance the result orientationsure intended results of the use of JTF resources, the Commission, in line with the principle of proportionality, should be able to apply financial corrections in case of serious underachievement of targets established for the JTF specific objective.
2020/06/03
Committee: ENVI
Amendment 304 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1a. Investments under JTF shall only be eligible if they are in line with the climate and environmental objectives of the Union, the do no harm principle and with the EU Taxonomy for Sustainable Finance. Activities which would hamper the development and deployment of low- carbon alternatives and lead to a lock-in in assets that are incompatible or undermine long-term environmental and climate goals, considering their lifetime, shall not be eligible under JTF.
2020/06/03
Committee: ENVI
Amendment 331 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point b
(b) investments in the creation of new firms, including through business incubators and consulting services;
2020/06/03
Committee: ENVI
Amendment 340 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) investments in research and innovation activities and fostering the transfer of advanced technologies that do not rely on fossil fuels;
2020/06/03
Committee: ENVI
Amendment 359 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable c, renewable and sustainable energy, in greenhouse gas emission reduction, energy efficiency and renewable energy;
2020/06/03
Committee: ENVI
Amendment 400 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) investments in nature-based climate mitigation and adaptation projects;
2020/06/03
Committee: ENVI
Amendment 409 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g
(g) investments in enhancing the circular economy, including through waste prevention, reduction, resource efficiency, reuse, repair and recycling;
2020/06/03
Committee: ENVI
Amendment 485 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, transport, distribution, storage or combustion of fossil fuels;
2020/06/03
Committee: ENVI
Amendment 490 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
(da) investments which would prolong or maintain dependency on fossil fuels;
2020/06/03
Committee: ENVI
Amendment 496 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
(ea) investments which would lead to unsustainable use of biomass or any use of food crops for energy generation purposes;
2020/06/03
Committee: ENVI
Amendment 507 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
activities or investments which would hamper the development and deployment of low-carbon alternatives and lead to a lock-in in assets harmful to the climate and environmental objectives, considering their lifetime;
2020/06/03
Committee: ENVI
Amendment 508 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 b (new)
activities or investments which are not in line with the climate and environmental objectives of the Union, the do no harm principle and with the EU Taxonomy for Sustainable Finance;
2020/06/03
Committee: ENVI
Amendment 509 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 c (new)
activities or investments which are at increased risk of long-term unviability and dependency on subsidies to operate after initial scaling up;
2020/06/03
Committee: ENVI
Amendment 519 #

2020/0006(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programme where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the National Energy and Climate Plan of the Member State concerned and with the EU Climate Law [2020/...].
2020/06/03
Committee: ENVI
Amendment 539 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding to, which can be part of or correspond to larger levels such as level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity or incompatibility of production with the climate neutrality objective. _________________ 17Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
2020/06/03
Committee: ENVI
Amendment 552 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point a
(a) a detailed description of the transition process at national level towards a climate- neutral economy by 2050 and intermediate target of 2030, including a timeline for key transition steps which are consistent with the latest version of the National Energy and Climate Plan (‘NECP’) and with the EU Climate Law [2020/...];
2020/06/03
Committee: ENVI
Amendment 600 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. The preparation and implementation of territorial just transition plans shall involve theall relevant partners in accordance with Article [6] of Regulation (EU) [new CPR].
2020/06/03
Committee: ENVI
Amendment 623 #

2020/0006(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State and conduct stakeholder consultation in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
2020/06/03
Committee: ENVI
Amendment 673 #

2020/0006(COD)

Proposal for a regulation
Annex II – point 3 – point 3.1 a (new)
3.1a. description of how community representatives and civil society actors are consulted and engaged in the programming process, both before and after programming documents are developed.
2020/06/03
Committee: ENVI
Amendment 1 #

2019/2824(RSP)


Citation 4 a (new)
- Having regard to the Marine Strategy Framework Directive (Directive 2008/56/EC);
2019/11/11
Committee: ENVI
Amendment 2 #

2019/2824(RSP)


Citation 4 b (new)
- Having regard to the Framework Directive for water (Directive 2000/60/EC);
2019/11/11
Committee: ENVI
Amendment 5 #

2019/2824(RSP)


Citation 7
— having regard to the United Nations 2030 Agenda for Sustainable Development and to the Sustainable Development Goals (SDGs) as well as to the Commission Reflection Paper of 30 January 2019 entitled “Towards A Sustainable Europe by 2030”,
2019/11/11
Committee: ENVI
Amendment 7 #

2019/2824(RSP)


Citation 8 a (new)
- having regard to the Commission communication of 23 July 2019 entitled “Protecting and restoring the world´s forests: stepping up EU action to halt deforestation and forest degradation";
2019/11/11
Committee: ENVI
Amendment 8 #

2019/2824(RSP)


Citation 9 a (new)
- having regard to the 2019 Food and Agriculture Organization of the United Nations report entitled “The State of the World’s Biodiversity for Food and Agriculture”;
2019/11/11
Committee: ENVI
Amendment 10 #

2019/2824(RSP)


Citation 11 a (new)
- having regard to the Beijing Call for Biodiversity Conservation and Climate Change of 6 November 2019;
2019/11/11
Committee: ENVI
Amendment 25 #

2019/2824(RSP)


Recital D a (new)
D a. whereas forest are indispensable to worldwide subsistence and while covering 30% of the Earth´s land area, they host 80% of its biodiversity;
2019/11/11
Committee: ENVI
Amendment 26 #

2019/2824(RSP)


Paragraph 1
1. Notes with concern that as indicated in the IPBES Global Assessment on Biodiversity and Ecosystem Services report, clearly underlines the state of the ecological emergency, since nature is declining globally at rates unprecedented in human history and the rate of species extinctions is accelerating, with grave impacts on people around the world now likely; expresses its deep concern after the publication of the IPCC report on the ocean and cryosphere however the report also stresses the possibility to halt and reverse this trend by implementing a changing climate, on the decline of marine mammals and fisheries as wells as on the dramatic disappearance of coral reefsstrong and ambitious nature and biodiversity protection strategy;
2019/11/11
Committee: ENVI
Amendment 27 #

2019/2824(RSP)


Paragraph 1
1. Notes with grave concern that as indicated in the IPBES Global Assessment on Biodiversity and Ecosystem Services report, nature is declining globally at rates unprecedented in human history and the rate of species extinctions is accelerating, with grave impacts on people around the world now likely; expresses its deep concern afterbout the publication of the IPCC report on the ocean and cryosphere in a changing climate, onadditional stresses for biodiversity by climate change on land as laid out in the IPCC special report of 8 August 2019; as well as about the decline of marine mammals and fisheries as wells as ond the dramatic disappearance of coral reefs as documented in the IPCC special report of 24 September 2019;
2019/11/11
Committee: ENVI
Amendment 34 #

2019/2824(RSP)


Paragraph 1 a (new)
1 a. Expresses its deep concern after the publication of the IPCC report on the ocean and cryosphere in a changing climate, which recognise climate change as one of the main direct drivers of biodiversity loss and underlines that its negative effects on nature and biodiversity, eco-systems services, oceans and food security are projected to become increasingly important in the next decades; underlines that the IPCC also stresses that the health of the ocean and marine ecosystems are currently affected by global warming, pollution, overexploitation of marine biodiversity, rising sea levels, acidification, deoxygenation, marine heatwaves, unprecedented glaciers and sea ice melting, and coastal erosion, more frequent natural disasters, which are affecting marine and coastal ecosystems by altering their functioning and accelerating the decline of marine mammals and fisheries as wells as on the dramatic disappearance of coral reefs and mangroves; recalls that the ocean is part of the solution to mitigate and adapt to the effects of climate change; calls therefore the EU to put the ocean high on the agenda of the biodiversity strategy, and calls on all Parties to recognise the ocean as a common good of humanity, to develop a new approach that places individual and collective responsibilities well above the traditional principles of freedom and ownership of the ocean to ensure its preservation;
2019/11/11
Committee: ENVI
Amendment 36 #

2019/2824(RSP)


Paragraph 2
2. Expresses its concern that the 2020 Aichi Biodiversity Targets will not be met with the current trajectory of biodiversity loss, and reiterates its calls on all Parties to step up their efforts; urges the Commission and Member States to adopt a new approach for ecosystems preservation and restoration to commit to immediate, substantial and additional mandatory efforts on biodiversity conservation and restoration so as to meet the EU targets; considers that in this new strategy, special attention should be paid to the restoration of ecosystems, habitats and species, notably through research and innovation to foster the deployment of nature-based economies in all sectors, which is a key tool to reach biodiversity targets;
2019/11/11
Committee: ENVI
Amendment 41 #

2019/2824(RSP)


Paragraph 2
2. Expresses its concern that the 2020 Aichi Biodiversity Targets will not be met with the current trajectory of biodiversity loss, and reiterates its calls on all Parties to urgently step up their efforts; urges the Commission and Member States to commit to immediate, substantial and additional efforts on biodiversity conservation and restoration so as to meet the EU targets; and contribute to meeting the Aichi targets;
2019/11/11
Committee: ENVI
Amendment 43 #

2019/2824(RSP)


Paragraph 3
3. Recalls that biodiversity and healthy ecosystems are key for achieving the objectives of the Paris Agreement and strengthen EU’s resilience and adaptive capacities toward climate change; recalls the importance of preserving biodiversity anddeveloping and implementing nature based solutions for preserving biodiversity while mitigating and adapting to climate change mitigation; asks therefore for more coherence and integration between the UN CBD and UNFCCC under the Agenda 2030; calls on the Commission to better integrate biodiversity into its climate policies andbut also to mainstream biodiversity into other sectorial policies; also calls on the Commission to ensure that EU climate funding is also used to protect and restore natural ecosystems as a way of achieving co-benefits between biodiversity and climate mitigation and adaptation;
2019/11/11
Committee: ENVI
Amendment 53 #

2019/2824(RSP)


Paragraph 3 a (new)
3 a. Welcomes the Beijing Call for Biodiversity Conservation and Climate Change of 6 November 2019;
2019/11/11
Committee: ENVI
Amendment 55 #

2019/2824(RSP)


Paragraph 4
4. Welcomes, in this regard, the commitments, made by Ursula von der Leyen in the political guidelines for the next European Commission 2019-2024 and in the mission letter to the Commissioner for Environment and Oceans, to present a Biodiversity Strategy for 2030 as part of the European Green Deal, and her intention for the EU to lead the world at the 2020 Conference of the Parties to the CBD, as it did at the 2015 Paris Climate Conference; calls on the Commission to propose an ambitious and inclusive Biodiversity Strategy for 2030 that sets legally binding targets for the EU and its Member States, including specific targets to restore degraded habitats by 2030;
2019/11/11
Committee: ENVI
Amendment 64 #

2019/2824(RSP)


Paragraph 5
5. Stresses that the protection of global biodiversity is an essential challenge and thus a strategic EU interest that should receive the highest political attention; calls on the Commission and Member States to actively engage, particularly through their external instruments, with third countries to promote and strengthen biodiversity conservation and restoration measures and governance, in particular in all multilateral agreements; as a consequence, calls on the Commission to include binding and enforceable Trade and Sustainable Development Chapters in all future trade agreements;
2019/11/11
Committee: ENVI
Amendment 68 #

2019/2824(RSP)


Paragraph 5 a (new)
5 a. Calls on the Commission and Member States to provide substantial and increased support to partner countries and scale-up its financial assistance, as part of a global resource mobilisation effort to tackle the global climate and biodiversity crises; considers that this needs to be taken into account in the ongoing negotiations on the MFF 2021- 2027, notably the Neighbourhood, Development and International Cooperation Instrument (NDICI); considers that the NDICI should allocate 45% of its funds to investments that contribute to climate objectives, environmental management and protection, biodiversity, and combatting desertification;
2019/11/11
Committee: ENVI
Amendment 71 #

2019/2824(RSP)


Paragraph 6
6. Stresses the need for a comprehensive multi-level governance regimeapproach addressing the conservation, restoration and sustainable use of biodiversity and ecosystem services; calls on the EU and the Member States to remain strongly committed to further strengthening the CBD and to take a leading role in the preparation for the post- 2020 framework, in particular in the run up to the fifteenth meeting of the Conference of the Parties, to commit ton a biodiversity equivalent of the 1.5 ºC target of the Paris Climate Agreement and to transparently set out their visions and priorities for the post- 2020 global biodiversity framework;
2019/11/11
Committee: ENVI
Amendment 73 #

2019/2824(RSP)


Paragraph 7
7. Recalls that biodiversity and ecosystem preservation is inherently synergistic and fundamental to the achievement of the UN Sustainable Development Goals; stresses the need and calls on the Commission and Member States to implement effective nature and biodiversity mainstreaming and improved environmental policy coherence in all internal and external policies of the EUwith biodiversity targets across sectors, to change the economic model towards more sustainability taking into account the EU footprint, and improved environmental policy coherence in all internal and external policies of the EU, including in agriculture, fishery, renewable energy, transport, trade and the Multiannual Financial Framework for 2021 - 2027; considers that an increased collaboration across all sectors is needed to better integrate biodiversity conservation and restoration; stresses that special attention should be paid to the lifecycle of traded goods from conception to consumption, to protect natural resources and biodiversity, and to take into account the cumulated impacts including transport;
2019/11/11
Committee: ENVI
Amendment 75 #

2019/2824(RSP)


Paragraph 8
8. Believes it to be critical to address key drivers of biodiversity loss with a long- term strategic approach and to urgently identify and safeguard the most critical and strategic areabiodiversity and ecosystem services hotspots and high integrity ecosystems based on the sensitivity of an area, the presence of endangered species, knowledge gaps and/or effective management, and the presence of common species that are fundamental to ecological processes, and to limit losses of biodiversity and negative impacts on indigenous and local communities’ territories and livelihoods;
2019/11/11
Committee: ENVI
Amendment 76 #

2019/2824(RSP)


Paragraph 8 a (new)
8 a. Stresses that the climate emergency and the consequences of mass biodiversity loss constitute a grave threat to human rights; recalls that fundamental human rights to life, health, food and safe water are at risk without a healthy environment; calls on the Commission and the External Action Service to work towards an EU strategy to protect the right to a healthy environment, by working closely with third countries and international organisations such as UNHCR that has recently launched a joint strategy with the UN Environment Programme (UNEP);
2019/11/11
Committee: ENVI
Amendment 79 #

2019/2824(RSP)


Paragraph 9
9. Welcomes the decision taken at the COP14 in Egypt, which urges parties to, inter alia, significantly accelerate their efforts to implement the Strategic Plan for Biodiversity 2011-2020 and to consider undertaking national assessments of biodiversity and ecosystem functions and services; considers of the utmost importance to step up the efforts on the implementation of the current Strategic Plan for Biodiversity 2011-2020, focus on the achievement of the Aichi Biodiversity targets and to work on an ambitious post 2020 strategic plan and implementation mechanism that formally includes the sub- national level - local and regional authorities - , with regards to a 2050 scenario which takes into account new challenges in the field of biodiversity in line with the 2030 Agenda of the Sustainable Development Goals;
2019/11/11
Committee: ENVI
Amendment 83 #

2019/2824(RSP)


Paragraph 12
12. Underlines the need to increase ambition, inclusiveness and functioning for the post-2020 global biodiversity framework; calls on the Commission and Member States to actively pursue the development of clear performance indicators, tracking instruments and peer review/reporting mechanisms - ideally in cooperation with sub-national governments - to improve the transparency and accountability for Parties and the overall effectiveness of the next Biodiversity Strategy Plan;
2019/11/11
Committee: ENVI
Amendment 84 #

2019/2824(RSP)


Paragraph 12 a (new)
12a. Calls on the Commission and the Member States to promote the definition of a new global target to reverse the global biodiversity loss curve from 2030, setting nature on course for regeneration for the benefit of all and of the planet, including by restoring at least 30% of degraded ecosystems in which that is possible, so as to contribute to the protection of biodiversity and to mitigation of and adaptation to climate change, to help combat desertification and land degradation, and to increase food security;
2019/11/11
Committee: ENVI
Amendment 90 #

2019/2824(RSP)


Paragraph 13
13. Highlights that an international framework in the form of a binding agreement is needed to protect global biodiversity, to stop its current decline and to restore all aspects of biodiversity; is of the opinion that a clear global conservation objective of at least 30% for natural areas should be enshrined in the post-2020 framework and that the EU should set a similar objective domestically; believes that such a framework should be based on specific, measurable including quantifiable, ambitious, realistic, sectorial and time- bound targets and firm commitments, comprising of Nationally Determined Contributions and other appropriate instruments, financial commitments and improved capacity building assurances, as well as a 5-yearly monitoring and review mechanism, with an emphasis on an upward trajectory of ambition; highlights the need for a harmonised collection and treatment of comparable and consistent data and indicators for a good monitoring process;
2019/11/11
Committee: ENVI
Amendment 97 #

2019/2824(RSP)


Paragraph 13 a (new)
13 a. Underlines that international efforts and agreements will be met only if there is a strong involvement of all stakeholders; calls for the creation of a coalition of stakeholders, both from private and public sectors, to deliver the post-2020 global biodiversity framework; points out the usefulness of the “Agenda of Solutions” developed under the Paris Agreement to develop a positive agenda for all stakeholders relevant to the UNFCCC and calls for similar actions to be included in the post-2020 framework;
2019/11/11
Committee: ENVI
Amendment 99 #

2019/2824(RSP)


Paragraph 14
14. Highlights the importance of 14. minimising time lags that may arise between the adoption of the post-2020 global biodiversity framework and its translation into national biodiversity targets and sub-national action plans to avoid delays in taking concrete actions to stem biodiversity loss;
2019/11/11
Committee: ENVI
Amendment 101 #

2019/2824(RSP)


Paragraph 15
15. Welcomes the agreement reached at COP14 by 196 governments to scale up investments in nature and people towards 2020 and beyond; underlines that economic growth can facilitate sustainable development only if it is decoupled entirely from the degradation of biodiversity and nature’s capacity to contribute to people's well-being;
2019/11/11
Committee: ENVI
Amendment 104 #

2019/2824(RSP)


Paragraph 15 a (new)
15 a. Welcomes the commitments of President Ursula von der Leyen to present a Biodiversity Strategy for 2030 as part of the Green Deal; calls for the Commission to present this strategy before COP15 as it will be a key component of the EU’s capacity to raise ambition at the COP15;
2019/11/11
Committee: ENVI
Amendment 105 #

2019/2824(RSP)


Paragraph 15 b (new)
15 b. Urges the Commission to design a strategy that will address the main drivers of biodiversity loss, domestically and worldwide, and which will include legally binding targets for biodiversity protection and restoration;
2019/11/11
Committee: ENVI
Amendment 106 #

2019/2824(RSP)


Paragraph 15 c (new)
15 c. Calls on the Commission and Member States to ensure the consistency of the “Farm to Fork Initiative” and the “Zero Pollution Ambition” with the Common Agricultural Policy post 2020, particularly to address the reduction of the use of pesticides, with policy options such as the reduction of dependency on pesticides or the definition of an EU-wide reduction target for the use of pesticides;
2019/11/11
Committee: ENVI
Amendment 107 #

2019/2824(RSP)


Paragraph 15 d (new)
15 d. Calls on the Commission and the EIB to include biodiversity-proofing components in their financial instruments in order to avoid adverse effects on biodiversity; invites the EIB to update its Environmental and Social Standards accordingly with the provisions of the future Biodiversity Strategy for 2030;
2019/11/11
Committee: ENVI
Amendment 108 #

2019/2824(RSP)


Paragraph 15 e (new)
15 e. Calls for an EU-wide legally binding target to restore degraded habitats by 2030, through restoration of natural forests, peatlands, floodplains, wetlands, biodiversity rich grasslands, coastal zones and marine areas; regrets that the 2020 Biodiversity Strategy failed to deliver on the target to restore 15% of degraded ecosystems;
2019/11/11
Committee: ENVI
Amendment 109 #

2019/2824(RSP)


Paragraph 15 f (new)
15 f. Urges the Commission and the EIB to include biodiversity-proofing in its external action, particularly in its external financial instrument, in order to ensure that no EU funds or financing scheme contribute to net biodiversity loss;
2019/11/11
Committee: ENVI
Amendment 110 #

2019/2824(RSP)


Paragraph 15 g (new)
15 g. Recalls its position on the next MFF’s external action instrument stating that 45% of the funds in the new instrument should support climate and environmental objectives related to climate, environmental management and protection, biodiversity and combating desertification;
2019/11/11
Committee: ENVI
Amendment 111 #

2019/2824(RSP)


Paragraph 15 i (new)
15 i. Welcomes the Commission's commitment, included in the Commissioner-designate for the Environment and Oceans' mission letter, stating that Europe should lead the way to an ambitious agreement at the 2020 Conference of the Parties to the Convention on Biological Diversity and lead global efforts to curtail biodiversity loss; is of the opinion that the EU's global ambition will have to be consistent with its domestic action, in the framework of the EU Biodiversity Strategy 2030;
2019/11/11
Committee: ENVI
Amendment 112 #

2019/2824(RSP)


Paragraph 15 j (new)
15 j. Invites the Commission to include the reduction of the EU's global footprint as an important focus of the EU Biodiversity Strategy 2030 in order to avoid inconsistency between its domestic and international actions;
2019/11/11
Committee: ENVI
Amendment 114 #

2019/2824(RSP)


Paragraph 16
16. Highlights the necessity of appropriate financing for biodiversity; underlines that biodiversity proofing in the next Multiannual Financial Framework and mainstreaming biodiversity across policy areas will have a significant and positive effect on reaching the 2050 Vision; calls on the Commission and the Council to phase out harmful subsidiepoints out that traceable resources are necessary to ensure the transparency and the effectiveness of financing for biodiversity; calls on the Commission and the Council to phase out harmful subsidies such as subsidies for fossil fuels, unsustainable fisheries or unsustainable irrigation; insists that, for the sake of consistency, the Commission should maintain LIFE’s financial envelope; stresses that the future Sustainable Finance Plan will have to help financial market participants understand their biodiversity loss-related risks by including biodiversity in financial disclosure requirements;
2019/11/11
Committee: ENVI
Amendment 125 #

2019/2824(RSP)


Paragraph 17
17. Calls on the Commission and the Member States to promote the establishment of new international financial mechanisms for biodiversity conservation linked to the CBD; calls on businesses and financial organisations to make and share strong commitments and contributions to biodiversity, including by biodiversity-proofing their activities, and highlights the importance of leveraging private financing initiatives in this regard; regrets the inconsistency of data set on finance flows for biodiversity that come from domestic and international public and private sources, that puts at risk the tracking and reporting systems and negatively affects any potential reform; calls therefore on the Commission, Member States and the EIB to develop tangible standards on data set on finance flows for biodiversity;
2019/11/11
Committee: ENVI
Amendment 131 #

2019/2824(RSP)


Paragraph 18
18. Stresses the importance of increasing investments to achieve the Paris Agreement commitments in order to, including in nature-based solutions and corresponding initiatives, that result in co-benefits for biodiversity and climate action that in turn will reduce impacts of climate change on biodiversity;
2019/11/11
Committee: ENVI
Amendment 132 #

2019/2824(RSP)


Paragraph 18
18. Stresses the importance of increasing investments to achieve the Paris Agreement commitments in order to reduce impacts of climate change on biodiversity, and to take advantage of the potential of nature-based solutions for climate mitigation;
2019/11/11
Committee: ENVI
Amendment 135 #

2019/2824(RSP)


Paragraph 19
19. Welcomes the decision of the EIB Group to align all its financing activities with the goals of the Paris Agreement and to delivering at least 50% of EIB finance for climate action; calls on the EIB to continue expanding biodiversity protection and conservation within its financial envelope; calls on the Commission to engage with Member States and the financial sector to align their activities with the Paris Agreement and consider the protection of biodiversity in financial transactions and investments at EU level and beyond;
2019/11/11
Committee: ENVI
Amendment 138 #

2019/2824(RSP)


Paragraph 19 a (new)
19 a. Notes with concern that only 8,3 % of total financial commitments are related to reversing the decline in biodiversity, which is the lowest ratio since 2015, despite the unprecedented and accelerating species extinction rate observed; calls on the Commission to increase the allocation of resources to ensure the long-term and coherent protection of biodiversity across the Union; insists that the next MFF should rely on a robust methodology in order to track biodiversity and avoid the risk of overestimation of action towards biodiversity;
2019/11/11
Committee: ENVI
Amendment 140 #
2019/11/11
Committee: ENVI
Amendment 146 #

2019/2824(RSP)


Paragraph 20
20. Underlines that agricultural activities, healthy soils, and the preservation of biodiversity are closely linked; emphasises that sustainable agriculture and forestryagro-ecological practices, forestry and sustainable fisheries contribute greatly to the variety of species, habitats and ecosystems, and reduces the effects of climate change;
2019/11/11
Committee: ENVI
Amendment 150 #

2019/2824(RSP)


Paragraph 21
21. Notes however the negative impact of intensive agriculture and intensive fishing on biodiversity; calls on Parties to undertake strong commitments towards sustainable agriculture and, forestry and fishery, including requirements for the sustainable use of plant protection products and, strategies to ensure the protection of soil and habitats, and increased selectivity to reduce the cumulated impacts on marine and coastal ecosystems and to participate to fish stock recovery in sensible and overfishing areas; calls on the Commission, Member States and regional governments to increase support to the agriculture, forestry and forestishery sectors in the transition to sustainable practices;
2019/11/11
Committee: ENVI
Amendment 152 #

2019/2824(RSP)


Paragraph 21
21. Notes however the negative impact of intensive agriculture on biodiversity; calls on Parties to undertake strong commitments towards sustainable agriculture and forestry, including requirements for the sustainable use of plant protection products as well as reduction of the use of pesticides, and strategies to ensure the protection of soil and habitats; calls on the Commission, Member States and regional governments to increase support to the agriculture and forestry sectors in the transition to sustainable practices in order to halt the EU’s negative impact on primary forests loss and degradation;
2019/11/11
Committee: ENVI
Amendment 159 #

2019/2824(RSP)


Paragraph 15 h (new)
15 h. Calls on the Commission to press ahead with developing an EU action plan against deforestation and forest degradation which would include concrete regulatory measures to ensure that no supply chains and financial transactions linked to the EU result in deforestation and forest degradation, as well as an EU action plan on palm oil; is of the opinion that EU action against deforestation should tackle its main drivers, such as palm oil, soja, beef and cocoa; asks the Commission to phase out as soon as possible all ILUC - risk biofuels used in Europe; calls on the Commission to adopt a single unified definition of ‘deforestation-free’; underlines the commitments taken by Executive Vice President Frans Timmermans and Commissioner Virginius Sinkevicius in their respective hearings to deliver on imported deforestation and deforestation-free supply chains;
2019/11/11
Committee: ENVI
Amendment 168 #

2019/2824(RSP)


Paragraph 22
22. Points out that, according to the World Population Prospects of June 2019, the world’s population is expected to increase by 2 billion persons in the next 30 years, increasing the impacts of land and sea use on biodiversity and carbon sequestration; calls on the Commission to urgently use the mitigation and adaptation potential of restoring forests, wetlands, peatlands, grasslands and coastal ecosystems and integrate nature conservation and halt overfishing in all relevant EU policies and programs;
2019/11/11
Committee: ENVI
Amendment 173 #

2019/2824(RSP)


Paragraph 22 a (new)
22 a. Calls on the Commission to urgently use the mitigation and adaptation potential of restoring forests, wetlands, peatlands, grasslands and coastal ecosystems and integrate nature conservation in all relevant EU policies and programs;
2019/11/11
Committee: ENVI
Amendment 176 #

2019/2824(RSP)


Paragraph 23
23. Notes that pollution, urban expansion, soil sealing and the destruction of habitats are other major causes of biodiversity destruction; recall that the IPBES Global Assessment on Biodiversity and Ecosystem Services shows that the surface of urban areas has doubled since 1992 and that 2 out of 3 EU citizens live in large urban areas; calls for a better assessment of the role of urban areas and cities in the preservation of biodiversity and a better implication of cities and local authorities in the definition of policies for the protection of biodiversity;
2019/11/11
Committee: ENVI
Amendment 177 #

2019/2824(RSP)


Paragraph 23 a (new)
23 a. Insists that the potential of cities to help protect biodiversity and ecosystem services is underestimated; recalls that enhancing benefits from biodiversity, ecosystem services and urban green infrastructure in cities and peri-urban areas improves human health; calls on the Commission and the Member States to promote the incorporation and further integration of biodiversity and ecosystem functions in urban design, policy and planning while reducing carbon emissions and enhancing adaptation to climate change;
2019/11/11
Committee: ENVI
Amendment 178 #

2019/2824(RSP)


Paragraph 23 a (new)
23 a. Notes that urban areas can play a transformative role within the EU in terms of biodiversity; stresses that plastic and water pollution are important drivers of biodiversity loss; believes that a strong circular economy, in the context of the new Circular Economy Action Plan, could be instrumental in the EU’s efforts towards biodiversity;
2019/11/11
Committee: ENVI
Amendment 179 #

2019/2824(RSP)


Paragraph 23 a (new)
23 a. Deplores that plastic and diffuse pollution, for example from water treatment plants, pharmacological products and unsustainable agriculture practices such as intensive nutrients use, deeply affects the health of ecosystems in the oceans;
2019/11/11
Committee: ENVI
Amendment 180 #

2019/2824(RSP)


Paragraph 24
24. Calls for an in-depth analysis of all EU protected areas on the need for improvements and/or extension of these areas; stresses that in the light of the recent IPCC report on the ocean and cryosphere in a changing climate a comprehensive assessment of EU marine protected areas is needed; calls meanwhile for increasing the current target of 10% of Marine Protected Areas to at least 30% by 2030 and increasing terrestrial protected areas to at least 30%;
2019/11/11
Committee: ENVI
Amendment 186 #

2019/2824(RSP)


Paragraph 24
24. Calls for an in-depth analysis of all EU protected areas on the need for improvements and/or extension of these areas; stresses that in the light of the recent IPCC report on the ocean and cryosphere in a changing climate a comprehensive assessment and extension of EU marine protected areas is needed; notes that educational marine protected areas are a relevant and efficient tool to raise public awareness and enhance preservation;
2019/11/11
Committee: ENVI
Amendment 193 #

2019/2824(RSP)


Paragraph 25
25. Recalls the importance of innovation, research and development in order to achieve the objectives of the 2050 Vision; underlines the importance of supporting research and participative sciences to reinforce knowledge, in particular regarding oceans, of which only 5% has been explored until today; calls on the Commission and the Council to increase the budget allocation for Horizon Europe to 120 billion, to benefit in particular the cluster on natural resources; calls on the Parties to focus in particular on the links between biodiversity preservation and benefits to human health and economic well-being, and to coordinate data collection measures;
2019/11/11
Committee: ENVI
Amendment 208 #

2019/2824(RSP)


Paragraph 30
30. Welcomes the intention to actively pursue a multi-stakeholder approach which is fundamental to value, protect, conserve, sustainably use and restore biodiversity and underlines that improved engagement with and between governance levels and sectors will create opportunities for mainstreaming biodiversity objectives into other policies; believes it to be critical to involve business and financial organisations and, in this regard, welcomes the Commission’s efforts to engage the private sector in the preservation of biodiversity especially under the EU Business and Biodiversity Platform; in this perspective, welcomes the launch of the “One Planet Business for Biodiversity” at the UN Climate Action Summit in New York;
2019/11/11
Committee: ENVI
Amendment 214 #

2019/2824(RSP)


Paragraph 31
31. Insists that public awareness and therefore access to comprehensive and easily understandable information are vital for consumers to make informed decisions; calls on the Commission and Member States to improve the traceability and control of products through their value and supply chains thereby increasing transparency also for consumers;
2019/11/11
Committee: ENVI
Amendment 217 #

2019/2824(RSP)


Paragraph 31 a (new)
31 a. Welcomes the IUCN meeting in Marseille in 2020; invites the Commission to send strong signals on its commitments towards biodiversity in this forum;
2019/11/11
Committee: ENVI
Amendment 3 #

2019/2803(RSP)


Citation 2 a (new)
- having regard to its resolution of 16 January 2019 on the Union´s authorisation procedure for pesticides1a _________________ 1a P8_TA(2019)0023
2019/10/24
Committee: ENVI
Amendment 5 #

2019/2803(RSP)


Recital A a (new)
A a. whereas on 11 October 2019 the IUCN issued an urgent call to massively scale up species conservation action in response to the escalating biodiversity crisis, appealing to the world's governments to halt species decline and prevent human-driven extinctions by 2030, and to improve the conservation status of threatened species with a view to bringing about widespread recovery by 2050;
2019/10/24
Committee: ENVI
Amendment 11 #

2019/2803(RSP)


Recital A b (new)
A b. whereas the Commission launched the EU Pollinators Initiative in response to the calls of the European Parliament and the Council to address the decline of pollinators on 1 June 2018;
2019/10/24
Committee: ENVI
Amendment 14 #

2019/2803(RSP)


Recital A c (new)
A c. whereas the poor conservation status of butterflies and their semi natural grassland habitats is clear and a good proxy for the situation of wild bees, hoverflies, moths and other pollinators;
2019/10/24
Committee: ENVI
Amendment 20 #

2019/2803(RSP)


Recital B
B. whereas, in order to adequately protect pollinators, the presencuse of pesticide residues in the habitat of pollinatorss that harm pollinators and their food will need to be strongly reduced;
2019/10/24
Committee: ENVI
Amendment 24 #

2019/2803(RSP)


Recital C
C. whereas neonicotinoid usethe use of some pesticides has been linked to adverse ecological effects, including high risks to both domestic and wild bees, responsible for pollinating most crops worldwide;
2019/10/24
Committee: ENVI
Amendment 26 #

2019/2803(RSP)


Recital C a (new)
C a. whereas according to Regulation (EC) No 1107/2009 professional users of pesticides must keep records of pesticide use for at least 3 years, containing the name of the plant protection product, the time and the dose of application, the area and the crop where the product was used;
2019/10/24
Committee: ENVI
Amendment 29 #

2019/2803(RSP)


Recital E
E. whereas however, several Member States notified emergency derogations regarding the use of these neonicotinoids on their territory; whereas these notifications of Member States regarding those emergency authorisations are often of very poor quality and are not made publicare often of very poor quality and are not made public, while EFSA concluded that for about one third of the products for which emergency authorisations were granted, alternatives would have been available;
2019/10/24
Committee: ENVI
Amendment 35 #

2019/2803(RSP)


Recital F
F. whereas, in 2013, EFSA updated the methodology for the assessment of risks posed by EFSA's Guidance Document on the risk assessment of plant protection products ton bees, taking into account not only chronical risks to honeybees but also adding risk assessment schemes for bumble bees and solitary bees; whereas this method was fully applied in the EFSA assessments with regard to three neonicotinoid approved in 2013 representing the most updated scientific methodology of the risks of pesticides to Apis mellifera, Bombus spp. and solitary bees has not been endorsed by the Member States fully; whereas this situation undermines the proper application of the approval criteria of Regulation (EC) No 1107/2009 and thus better protection of these species;
2019/10/24
Committee: ENVI
Amendment 39 #

2019/2803(RSP)


Recital G a (new)
G a. whereas even the full application of the 2013 EFSA Bee Guidance would still leave butterflies, moths and hoverflies unprotected by the pesticide approval regime;
2019/10/24
Committee: ENVI
Amendment 40 #

2019/2803(RSP)


Recital G b (new)
G b. whereas many pollinator habitats have become highly fragmented and specialist species are under increasing threat from habitat mismanagement and climate change;
2019/10/24
Committee: ENVI
Amendment 43 #

2019/2803(RSP)


Recital H
H. whereas connected pollinator habitats, such as buffer strips and grassy waterways, can contribute to soil erosion control;
2019/10/24
Committee: ENVI
Amendment 44 #

2019/2803(RSP)


Recital I
I. whereas using indigenous flowers is of particular importance foroccurrence, conservation and restoration of areas of indigenous flowers, also in urban areas, is essential for healthy populations of wild pollinators;
2019/10/24
Committee: ENVI
Amendment 48 #

2019/2803(RSP)


Recital J
J. whereas wild pollinators and beekeepers in Europe provide pollination services almost entirely for free; whereas this is in stark contrast to other parts of the world, where the cost of pollination is consistent with other farm inputs such as seeds, fertilisers, and pesticides;
2019/10/24
Committee: ENVI
Amendment 55 #

2019/2803(RSP)


Recital K b (new)
K b. whereas the introduction of a pollinator indicator can contribute to optimal decision-making processes, more effective public spending, increased accountability and understanding of the impact of policies and legislation;
2019/10/24
Committee: ENVI
Amendment 56 #

2019/2803(RSP)


Recital K c (new)
K c. whereas the introduction of a pollinator impact indicator was requested in the positions of the Committee on Environment, Public Health and Food Safety and the Committee on Agriculture and Rural Development in the context of the CAP Strategic Plans regulation proposal (COM(2018)-392);
2019/10/24
Committee: ENVI
Amendment 57 #

2019/2803(RSP)


Recital K d (new)
K d. whereas nitrate emissions cause eutrophication and the growth of rank grasses, which crowd out the herbs and flowers in the sward, cover bare ground used as a nesting habitat by many pollinators, and cause low level shading that creates a cool microclimate unsuitable for many indigenous species;
2019/10/24
Committee: ENVI
Amendment 61 #

2019/2803(RSP)


Paragraph 2
2. Recognises that there are various positive elements in thee added value of the EU Pollinators Initiative in terms of setting strategic objectives and a set of actions to be taken by the EU and its Member States;
2019/10/24
Committee: ENVI
Amendment 79 #

2019/2803(RSP)


Paragraph 6
6. Stresses the need to protect the diversity of pollinator species in Europe and worldwide;
2019/10/24
Committee: ENVI
Amendment 82 #

2019/2803(RSP)


Paragraph 7
7. Stresses the importance of promoting measures to encourage biodiversity, given that pollinator health is fostered by access to a mixture of different pollen and plantdepends on species-rich habitats providing diverse and continuous food and nesting resources;
2019/10/24
Committee: ENVI
Amendment 84 #

2019/2803(RSP)


Subheading 2
ABiodiversity, agriculture and the use of pesticides
2019/10/24
Committee: ENVI
Amendment 87 #

2019/2803(RSP)


Subheading 2 a (new)
Urges the Commission to embed the EU Pollinators Initiative and its results in the development of the post-2020 EU Biodiversity Strategy, and to transform the intentions of the Initiative into a full- scale action programme for pollinators with sufficient resources;
2019/10/24
Committee: ENVI
Amendment 88 #

2019/2803(RSP)


Subheading 2 b (new)
Highlights the importance of pollinators to agriculture, the threat to food productions posed by current declines and the need to take urgent and transformative action to protect and restore pollinators and their services;
2019/10/24
Committee: ENVI
Amendment 89 #

2019/2803(RSP)


Paragraph 8
8. Stresses that boosting biodiversity and thus fostering the occurrence of pollinators' habitats on the agricultural land must become a key aim in the development of the future Common Agricultural Policy (CAP), which must seek to reduce pesticide usein particular support preservation of High Nature Value Farming areas and creation of set-asides for nature, reduction of pesticide and mineral fertiliser use, and encourage polycultures and crop rotation;
2019/10/24
Committee: ENVI
Amendment 100 #

2019/2803(RSP)


Paragraph 8 a (new)
8 a. Calls on the Commission and Member States to ensure provision of high-quality advice to farmers on biodiversity and pollinators through farm advisory systems;
2019/10/24
Committee: ENVI
Amendment 104 #

2019/2803(RSP)


Paragraph 9
9. Stresses that thpesticide reduction of pesticide use should therefore be set as a target in Member States’ strategic pplan, with clear targets, milestones and timeline, should be set in each Member States’ National Action Plans, and pesticide reduction should be set as a ‘common indicator’ with which to monitor success; believes that EU-wide mandatory reduction targets should be included in the upcoming revision of EU Directive on Sustainable Use of Pesticides (2009/128/EC).
2019/10/24
Committee: ENVI
Amendment 110 #

2019/2803(RSP)


Paragraph 10
10. Stresses that according to the Sustainable Use of Pesticides Directive (128/2009/EC), non-chemical methods of pest control shouldmust be used as a priorityfirst, to replace pesticides, with a view to protecting pollinators;
2019/10/24
Committee: ENVI
Amendment 126 #

2019/2803(RSP)


Paragraph 13 a (new)
13 a. Calls on the Commission to request from EFSA a pesticide guidance document setting out pre-approval tests to provide protection for butterflies, moths and hoverflies;
2019/10/24
Committee: ENVI
Amendment 138 #

2019/2803(RSP)


Paragraph 15
15. Calls on the Commission to include in the objectives of the CAP limits to the objective of increasing productivity and to regulate intensive farming practices, in order to improve the habitat and forage space for beethrough intensification of the use of external inputs, such as pesticides and fertilisers, and set an objective on the transition towards agroecology to ensure long-term productivity and a sustainable income for farmers;
2019/10/24
Committee: ENVI
Amendment 142 #

2019/2803(RSP)


Paragraph 15 a (new)
15 a. Calls on the Commission and Member States to support green infrastructure that recreates and restores mosaics of habitats and functional connectivity for pollinators in rural and urban landscapes;
2019/10/24
Committee: ENVI
Amendment 147 #

2019/2803(RSP)


Paragraph 16 a (new)
16 a. Calls on the Member States to support early listing on the Union List of species that present a risk to pollinators, to respond quickly to control and eliminate such species, to increase vigilance, and to take of restrictive actions when pathways are identified;
2019/10/24
Committee: ENVI
Amendment 149 #

2019/2803(RSP)


Paragraph 16 b (new)
16 b. Stresses that effective biosecurity measures need to be introduced for potted plants and soil before moving significant distances and encourages public bodies responsible for the management of green areas to use local plants, maximising benefits for local pollinators and minimising spread of invasive alien species;
2019/10/24
Committee: ENVI
Amendment 150 #

2019/2803(RSP)


Paragraph 16 c (new)
16 c. Calls on the Commision to apply the EU ecolabel to pollinator friendly potted plants which display their place of origin, are placed in a sustainable container, do not use peat, and do not contain insecticides;
2019/10/24
Committee: ENVI
Amendment 160 #

2019/2803(RSP)


Paragraph 19
19. Calls for more funds for research and for the monitoring of wild pollinatoron the Commission and Member States to establish a systematic and standardised monitoring of wild pollinators and the main pressures they face, in order to build a good understanding of the magnitude of their decline and its causes and to enable full evaluation of the effectiveness of relevant EU and national policies;
2019/10/24
Committee: ENVI
Amendment 164 #

2019/2803(RSP)


Paragraph 19 a (new)
19 a. Calls on the Commission and Member States to ensure integration of funding needs for the monitoring of wild pollinators into the CAP Strategic Plans, in order to secure robust data for building a CAP indicator on pollinators as per the commitment made in the EU Pollinators Initiative;
2019/10/24
Committee: ENVI
Amendment 165 #

2019/2803(RSP)


Paragraph 19 b (new)
19 b. Calls on the Commission and Member States to increase funding for basic and applied research on pollinators, and invest in strengthening and expanding the poll of taxonomic expertise, including through EU Framework Programme for Research and Innovation;
2019/10/24
Committee: ENVI
Amendment 171 #

2019/2803(RSP)


Paragraph 21
21. Calls for support foron the Commission and Member States to support citizens science focusing on recording and monitoring of pollinators and the training of beekeepers to promote a non-intrusive Union surveillance of bees through the development of indicators of colony vitality;
2019/10/24
Committee: ENVI
Amendment 4 #

2019/2712(RSP)


Citation 12 a (new)
- having regard to the 2019 special reports by the IPCC on Climate Change and Land and on the Ocean and Cryosphere in a Changing Climate,
2019/10/07
Committee: ENVI
Amendment 61 #

2019/2712(RSP)


Paragraph 4 a (new)
4a. Stresses that Intergovernmental Panel on Climate Change (IPCC) special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems underlines the dramatic effects of global warming on lands; underlines that these dramatic consequences would likely worsen according to current global trend;
2019/10/07
Committee: ENVI
Amendment 73 #

2019/2712(RSP)


Paragraph 7 a (new)
7a. Stresses that the Intergovernmental Panel on Climate Change (IPCC) special report entitled "The Ocean and Cryosphere in a Changing Climate”, underlines that climate mechanisms depend on the health of the ocean and marine ecosystems currently affected by global warming, pollution, overexploitation of marine biodiversity, acidification, deoxygenation and coastal erosion; recalls that the ocean is part of the solution to mitigate and adapt to the effects of climate change; underlines that the COP25 will be the first “Blue COP”; calls therefore on the EU to put the ocean high of the green deal and on the agenda of the ongoing international negotiations on climate;
2019/10/07
Committee: ENVI
Amendment 94 #

2019/2712(RSP)


Paragraph 10
10. Calls on the country holding the EU Presidency and the Commission to submit to the UNFCCC as soon as possible the Union’s long-term strategy to reach domestic net-zero emissions in 2050; stresses that in order to reach domestic net- zero GHG emissions in 2050 in the most cost-efficient manner, and in order to avoid relying on carbon removal technologies that would entail significant risks for ecosystems, biodiversity and food security, the 2030 ambition level will need to be raised; underlines that Nature-Based Solutions are a key tool of EU's action to reach its GHG cut objectives; believes it to be of the utmost importance for the Union to send a clear message during the UN Climate Summit in September 2019 that it stands ready to enhance its contribution to the Paris Agreement;
2019/10/07
Committee: ENVI
Amendment 99 #

2019/2712(RSP)


Paragraph 10
10. Calls on the country holding the EU Presidency and the Commission to submit to the UNFCCC as soon as possible the Union’s long-term strategy to reach domestic net-zero emissions inby 2050 at the latest; stresses that in order to reach domestic net- zero GHG emissions inby 2050 in the most cost-efficient manner, and in order to avoid relying on carbon removal technologies that would entail significant risks for ecosystems, biodiversity and food security, the 2030 ambition level will need to be raised; believes it to be of the utmost importance for the Union to send a clear message during the UN Climate Summit in September 2019at COP25 that it stands ready to enhance its contribution to the Paris Agreement;
2019/10/07
Committee: ENVI
Amendment 104 #

2019/2712(RSP)


Paragraph 11
11. Supports an update of the Union’s NDC with an economy-wide target of 55 % domestic GHG emission reductions by 2030 compared with 1990 levels ; calls, therefore, on EU leaderMember States to support an increase in the level of ambition of the Union’s NDC accordingly; calls also on other global economies to update their NDCs to bring about global effects;
2019/10/07
Committee: ENVI
Amendment 106 #

2019/2712(RSP)


Paragraph 11 a (new)
11a. Expects that the European Green Deal will set out a comprehensive and ambitious strategy for achieving a carbon neutral Europe by 2050 at the latest including the target of 55% emissions reductions by 2030; calls on the Commission to adapt all its relevant policies, in particular climate, agriculture and cohesion, accordingly;
2019/10/07
Committee: ENVI
Amendment 107 #

2019/2712(RSP)


Paragraph 11 a (new)
11a. Expects that the European Green Deal, to be put forward by the Commission in early 2020, will set out a comprehensive and ambitious strategy for achieving a climate neutral Europe by 2050 at the latest including the target of 55% emissions reductions by 2030;
2019/10/07
Committee: ENVI
Amendment 111 #

2019/2712(RSP)


Paragraph 12
12. Believes that, as a means to further ensure increased stability for markets, it will also be beneficial for the EU to establish a further interim emission reduction target by 2040 that can provide additional stability and ensure that the long-term 2050 target is met;net- zero GHG emissions target is met by 2050; and recalls that it is necessary to regularly update the targets to ensure they comply with the implementation of the Paris Agreement.
2019/10/07
Committee: ENVI
Amendment 115 #

2019/2712(RSP)


Paragraph 12 a (new)
12a. Recalls that the Paris Agreement recognises the “importance of ensuring the integrity of all ecosystems, including oceans” in its preamble; underlines that Article 4.1 (d) of the UNFCCC promotes the “sustainable management, the conservation and enhancement, of sinks and reservoirs of all greenhouse gases, including biomass, forests and oceans as well as other terrestrial, coastal and marine ecosystems”; calls therefore on the EU and all Parties to include ocean, coastal and marine ecosystems in the NDCs;
2019/10/07
Committee: ENVI
Amendment 144 #

2019/2712(RSP)


Paragraph 19
19. Reiterates that adaptation action is an inevitable necessity for all countries if they are to minimise negative effects of climate change and make full use of the opportunities for climate-resilient growth and sustainable development; stresses the need to develop systems and tools to keep track of progress and effectiveness of national adaptation plans and actions; regrets that the Member States' draft national energy and climate plans (NECPs) lacked ambition regarding energy efficiency and renewable energy targets; recalls that renewables including renewable marine energy, as an element of a circular economy, are part of the solution to mitigate and adapt to the effects of climate change; calls on Member States to strengthen their national energy and climate plans to fully implement the Paris agreement;
2019/10/07
Committee: ENVI
Amendment 163 #

2019/2712(RSP)


Paragraph 22
22. Stresses that the EU’s budget should be coherent with its international commitments on sustainable development and with its mid- and long-term climate and energy targets and should not be counterproductive to these targets or hampering their implementation; calls therefore on the Commission to ensure climate and biodiversity proofing of EU investments and put forward, where applicable, harmonised and binding rules on clim; underlines thate and biodiversity proofing of EU investll spending under the next Multiannual Financial Framework should be compliant with the objectives of the Paris Agreements;
2019/10/07
Committee: ENVI
Amendment 172 #

2019/2712(RSP)


Paragraph 23
23. Stresses the importance of a just transition to a climate neutral economy and the need for an anticipatory approach to ensure a just transition for citizens and to support the most vulnerable regions and communities; stressees the importance of creatingon of a just transition fund, as one tool on the EU-level to guarantee an inclusive transition for the people and the regions most affected by decarbonisation, such as the coal mining regas well as acknowledging actors that are in the forefront of the green transitions; believes that Europe’s climate transition must be ecologically, economically and socially sustainable; calls on the Union and the Member States to put in place appropriate policies and financing in this regard, conditioned to clear, credible and enforceable short and longer term economy-wide decarbonisation commitments from the concerned Member States;
2019/10/07
Committee: ENVI
Amendment 183 #

2019/2712(RSP)


Paragraph 23 a (new)
23a. Underlines the role of sustainable finance and considers that a rapid adoption and development of green finance by the key international financial institutions is essential for a successful decarbonisation of the global economy; underlines the need to implement the EU’s Action Plan on Sustainable Finance, and supports the setting up of an international platform on sustainable finance;
2019/10/07
Committee: ENVI
Amendment 186 #

2019/2712(RSP)


Paragraph 23 b (new)
23b. Supports the work of the coalition of Finance Ministers for Climate Action and encourages all governments to adopt the coalition’s commitments to align all policies and practices in the remit of finance ministries with the goals of the Paris Agreement and to adopt effective carbon pricing, as laid down in the ‘Helsinki principles’;
2019/10/07
Committee: ENVI
Amendment 219 #

2019/2712(RSP)


Paragraph 28
28. Regrets that the transport sector is the only sector in which emissions have grown since 1990; stresses that this is not compatible with long-term sustainable development, which instead requires reductions in emissions from all sectors of society at a great and faster rate; recalls that the transport sector will need to be fully decarbonised at least by 2050; notes that the Commission’s analysis shows that the current global targets and measures envisaged by the International Maritime Organisation and the International Civil Aviation Organisation respectively, even if fully implemented, fall short of the necessary emissions reductions, and that significant further action consistent with the economy-wide objective of net-zero emissions is needed; considers that in order to ensure the consistency of NDCs with the economy-wide commitments required by the Paris Agreement, Parties should be encouraged to include emissions from international shipping and aviation and to agree and implement measures at international, regional and national level to address emissions from these sectors;
2019/10/07
Committee: ENVI
Amendment 229 #

2019/2712(RSP)


Paragraph 31
31. Recalls that shipping CO2 emissions are projected to increase by 50% to 250% in the period to 2050; welcomes the agreement on the initial IMO Strategy on reduction of GHG emissions from ships as a first step for the sector to contribute to the realisation of the temperature goal in the Paris Agreement; regrets that the IMO has not, so far, made progress on the adoption of short and medium-term measures to reach the objectives of the strategy; stresses the importance and urgency of implementing short and medium-term measures before 2023; underlines that further measures and action are needed to address maritime emissions and calls, therefore, on the EU and the Member States to closely monitor the impact and implementation of the IMO agreement and urges the Commission to consider additional EU action, as part of its 2050 decarbonisation strategy, to reduce maritime emissions in line with the temperature target of the Paris Agreement and to; welcomes the EU regulation to take appropriate account of the global data collection system for ship fuel oil consumption date (MRV) and the IMO global data collection system for fuel oil consumption of ships; recalls that the MRV is a first step which should ultimately enable the EU to adopt mandatory targets to reduce emissions; urges the Commission to consider additional EU action such as the inclusion of maritime sector into the EU ETS and the introduction of a ship efficiency standard and a ship label as part of its 2050 decarbonisation strategy, to reduce maritime emissions in line with the temperature target of the Paris Agreement; highlights the solutions to reduce emissions which can be easily implemented already exist, such as the reduction of the speed by two knots, which can cut CO2 emissions by 20% or the deployment of emission control area which are provided under the international MARPOL Convention considers that the decarbonisation strategy and the green deal should drive investments into zero- emission ships and the necessary enabling infrastructuregreen ships fostering ecocomponents, better waste and water management; and drive the necessary enabling infrastructures such as the electrification of ports;
2019/10/07
Committee: ENVI
Amendment 269 #

2019/2712(RSP)


Paragraph 35
35. Stresses the need to mainstream climate ambition into all EU policies, including trade policy; calls on the Commission to ensure that all new trade and investment agreements signed by the EU are fully compatible with the Paris Agreement and asks the Commission to carry out and publish a comprehensive assessment of the consistency of the existing and forthcoming agreements with the Paris Agreement; calls on the Commission to pay special attention to the life cycle of traded goods from conception to consumption, to protect natural resources and to take into account the cumulated impacts including transport;
2019/10/07
Committee: ENVI
Amendment 15 #

2019/2213(BUD)

Draft opinion
Paragraph 2
2. Highlights that the 2021 Union budget is the first one under the multiannual financial framework (MFF) for 2021-2027; stresses that every effort should be made, right from the beginning of the new MFF, to ensure that the overall climate mainstreaming target is reached over the whole period; stresses the need to have a working climate proofing mechanism to ensure that the budget as a whole is in line with the Paris agreement;
2020/02/24
Committee: ENVI
Amendment 21 #

2019/2213(BUD)

Draft opinion
Paragraph 2 a (new)
2a. Calls on the Commission to implement green budgeting tools as of 2021; is of the opinion that such a tool will help the Commission refocus the European Semester as outlined in the Green Deal communication of 11 December 2019;
2020/02/24
Committee: ENVI
Amendment 29 #

2019/2213(BUD)

Draft opinion
Paragraph 6 a (new)
6a. Highlights that the LIFE programme is the only EU-programme solely dedicated to climate and environment, and the budget for it should therefore be sufficient;
2020/02/24
Committee: ENVI
Amendment 30 #

2019/2213(BUD)

Draft opinion
Paragraph 6 a (new)
6a. Highlights that the LIFE programme is the only EU-programme solely dedicated to climate and environment, and the budget for it should therefore be sufficient;
2020/02/24
Committee: ENVI
Amendment 47 #

2019/2213(BUD)

Draft opinion
Paragraph 4
4. Stresses that the 2021 Union budget should pave the way to the full and efficient implementation of the European Green Deal; the Union should show global climate leadership also through its budgeting;
2020/02/24
Committee: ENVI
Amendment 70 #

2019/2213(BUD)

Draft opinion
Paragraph 8
8. Points to the importance of ensuring that sufficient financial resources are allocated in the 2021 budget to ensure adequate funding for the Union agencies, enabling them to fulfil their mandate and execute their tasks.; calls on the Union agencies to implement the principle of “one substance, one assessment” in order to increase consistency between their work and make a more cost-efficient use of public money;
2020/02/24
Committee: ENVI
Amendment 73 #

2019/2213(BUD)

Draft opinion
Paragraph 8 a (new)
8a. Welcomes the analysis by the Commission of the consistency of the CAP reform with the objectives of the Green Deal; calls on the Commission to come up with new tools to help agriculture deliver its fair share of the Green Deal; asks the Commission to overhaul its climate and biodiversity tracking methodology to better reflect the contribution of agriculture to the Green Deal; questions the credibility of the current Rio Markers used by the Commission;
2020/02/24
Committee: ENVI
Amendment 126 #

2019/2211(INI)

Motion for a resolution
Paragraph 3 – subparagraph 1 (new)
Calls on the European Commission to extend, without weakening the current EU economic governance process, the European Semester by complementing the current approach, based on fiscal and budgetary discipline, with climate and environmental discipline; calls therefore on the European Commission to develop a new climate indicator, mirroring the economic indicators, to assess the discrepancy between the structure of Member States’ budget and a Paris- aligned scenario for each of their national budgets; stresses the need for this indicator to provide Member States with an indication on their trajectory of temperature under the framework of the Paris Agreement, thus enabling the extended European Semester to provide recommendations about the decrease of their climate debt;
2020/01/27
Committee: ECON
Amendment 215 #

2019/2156(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Commission to ensure that studies on certification schemes for non-deforestation commodities are carried out without delay and to submit these studies, together with a proposal for follow-up actions, to the European Parliament for further consideration; invites the Commission to propose measures to improve certification schemes and welcomes the Commission's commitments to strengthen the EU Ecolabel by including deforestation matters;
2020/05/08
Committee: ENVI
Amendment 234 #

2019/2156(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Recalls that forests are indispensable to our planet and biodiversity; welcomes the intention of the Commission to tackle global deforestation and asks it to step up its actions; calls on the Commission to present, without delay, a proposal for a European legal framework based on due diligence to ensure sustainable and deforestation-free supply chains for products placed on the EU market, with a particular focus on tackling the main drivers of imported deforestation, and which would encourage imports that do not create deforestation abroad;
2020/05/08
Committee: ENVI
Amendment 243 #

2019/2156(INI)

Motion for a resolution
Paragraph 8
8. Calls on the private sector to be more involved in the fight against deforestation; calls, at the same time, on the Commission to step up cooperation with the private sector and to develop appropriate instruments to incentivise volunteers based on the principle of shared responsibility; emphasises the need to ensure full transparency of the whole supply chain, namely by ensuring that all products entering the Single Market are traceable and sustainable; invites the Commission to put in place an alert mechanism to warn companies when they are working in deforestation-risk areas; invites the Commission to include the fight against deforestation in Corporate Social Responsibility within the wider framework of biodiversity protection in the reform of the Non Financial Reporting Directive; is of the opinion that commodity traders should also be covered by the EU action to tackle deforestation and ensure transparency;
2020/05/08
Committee: ENVI
Amendment 271 #

2019/2156(INI)

Motion for a resolution
Paragraph 9
9. Stresses that the methods used to achieve the objectives set out in the Clean Energy for all Europeans package must not lead to deforestation and forest degradation in other parts of the world; calls, therefore, on the Commission to review by 2021 the relevant aspects of the report annexed to Commission Regulation (EU) 2019/807 and, if necessary, to revise this Regulation without undue delay, and in any case before 2023, on the basis of scientific knowledge and in accordance with the precautionary principle; underlines the necessity to reassess soya-related data; invites the Commission to revise downwards the threshold of high ILUC risk commodities;
2020/05/08
Committee: ENVI
Amendment 339 #

2019/2156(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to ensure that all newly adopted trade agreements, both comprehensive and relevant sub- agreements, contain binding provisions relating to forests and safeguards to prevent them from being implemented in a manner that could lead to deforestation and forest degradation; urges the Commission to live up to the commitments of the European Green Deal by including in the essential clauses of our trade policy the ratification and the respect of the legally binding elements of the Paris Agreement; recalls Parliament’s position that Sustainable and Development chapters should be enforceable;
2020/05/08
Committee: ENVI
Amendment 205 #

2019/2129(INI)

Motion for a resolution
Paragraph 11
11. Recalls that, as an EU institution, the ECB is bound by the Paris Agreement on climate change and that this should be reflected in its policies, with full respect for its mandate and its independence; Considers action against climate change lies within the current ECB mandate notably regarding financial stability;
2019/11/15
Committee: ECON
Amendment 5 #

2019/2028(BUD)

Draft opinion
Paragraph 1
1. Underlines that 21,0 % of the total commitments in the draft budget for 2020 (2020 DB) are climate-related; regrets that the Union budget trend would deliver only 19,7 % for the current multiannual financial framework (MFF) period; stresses that every effort should be made to ensure that the overall EU budget target will be reached by the end of 2020; reiterates its call to have more ambitious climate mainstreaming in the next MFF period and to its alignment with the Paris agreement; insists that the next MFF should rely on robust methodology, set up in line with internationally established methodologies, in order to track climate action fundingand to avoid the risk of overestimation of climate action; believes that green budgeting of the next MFF is key to achieve our climate objectives;
2019/07/24
Committee: ENVI
Amendment 9 #

2019/2028(BUD)

Draft opinion
Paragraph 2
2. Notes that 8,3 % of total commitments are related to reversing the decline in biodiversity; calls for sufficient and traceable resources to be allocated to ensure the long-term protection of biodiversity across the Union; insists that the next MFF should rely on a robust methodology, set up in line with internationally established methodologies, in order to track biodiversityand avoid the risk of overestimation of action towards biodiversity;
2019/07/24
Committee: ENVI
Amendment 40 #

2019/0161(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) In order to deepen Economic and Monetary Union and improve the democratic accountability thereof, the role of a European Minister of Economy and Finance should be created, as laid down in the communication of the Commission of 6 December 2017 on a European Minister of Economy and Finance and the European Parliament resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty. The European Minister of Economy and Finance would be a member of the Commission and would preside over the Eurogroup and the Board of Governors of the European Stability Mechanism. He or she would be accountable to the European Parliament, with regard to both the euro area format and the extended format. The European Minister of Economy and Finance would play an active role in establishing strategic orientations for the euro area and economic dialogue as laid down in this Regulation.
2020/05/20
Committee: ECON
Amendment 44 #

2019/0161(COD)

Proposal for a regulation
Recital 3
(3) At the Union level, the European Semester of economic policy coordination is the framework for the identification of national reform priorities of the Member States and for the monitoring of the implementation of those priorities. This Regulation addresses the need to establish coherence between the reform and investment priorities for the euro area as a whole and the reform and investment objectives of the individual Member States whose currency is the euro, and to ensure their consistency with the European Semester. The priorities should take account of the Green Deal, and in particular the alignment of our economy with the Paris Agreement and climate neutrality, the digital agenda and stepping up European sovereignty in strategic sectors, and should be accompanied by a consistent industrial strategy at EU and euro area level.
2020/05/20
Committee: ECON
Amendment 58 #

2019/0161(COD)

Proposal for a regulation
Recital 4
(4) On an annual basis, the Council should and for the purposet out strategic orientationf the allocation process onf the reform and investment priorities for the euro area, as part of the recommendbudgetary instrument of convergence and competitiveness referred to in Regulation (EU) XXXX/XX [Reform and Investment Support Programme Regulation on], the economic policy of the euro area. The strategic orientations should be adopted by the CouncilCouncil should adopt strategic orientations on the reform and investment priorities for the euro area, acting by qualified majority on a recommendation from the Commission, and after the Eurogroupcompetent committee of the European Parliament has discussed the reforms and investment priorities that it considers relevant and appropriate for inclusion therein. The annual Euro Summit will play its roleose strategic orientations should also serve as a basis for identifying reforms and investments required for the recovery after an emergency arising from exceptional circumstances which affect a specific Member State or the Union and that consequently increase resilience to shocks and emergency preparedness, while enabling the Union to achieve its long-term objectives, in particular with regard to achieving its climate and environmental objectives.
2020/05/20
Committee: ECON
Amendment 92 #

2019/0161(COD)

Proposal for a regulation
Recital 10
(10) In order to enhance the dialogue between the Union institutions, in particular between the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability in that economic dialogue, the competent committee of the European Parliament can invite the President of the Council, the Commission and, where appropriate, the President of the Eurogroup to appear before the committee to discuss the measures envisaged and taken pursuant to this Regulation. The Commission should make all relevant information available to the European Parliament and to the Council simultaneously.
2020/05/20
Committee: ECON
Amendment 133 #

2019/0161(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. On a recommendation from the Commission, and after discussion in the Eurogroup, the Council shall establish, as parthaving heard the competent committee of the European Parliament, the Council shall establish, on an annual basis, the strategic orientations for the reform and investment priorities of the euro- area recommendation and on an annual basis, the strategic orientations for the reform and investment priorities of the euro area. in line with an extended European Semester which would supplement the current fiscal and budgetary discipline with climate and environmental discipline by establishing a new climate indicator to show Member States their temperature trajectory in the context of the Paris Agreement, thereby making it possible for the European Semester to make recommendations to the Member States about reducing their climate debt. The strategic orientations for the reform and investment priorities, together with the euro-area recommendations and national reform programmes in the context of the European Semester, enable the Union, in particular, to achieve the objectives of the Green Deal and speed up its transition to climate neutrality.
2020/05/20
Committee: ECON
Amendment 78 #

2019/0017(COD)

Proposal for a regulation
Recital 13 c (new)
C(13c) The impact assessment conducted by the Commission in 2013 accompanying the proposal for the EU MRV Regulation showed the effectiveness of an EU Emission Trading System for maritime emissions and identified an ETS system or a target based compensation fund as the options that could ensure the necessary emissions reductions in the sector. In order to include international shipping in the Union's emissions reduction effort, Directive 2003/87/EC of the European Parliament and of the Council1a should be extended to cover maritime emissions. At the same time a "Blue Fund" should be created to reduce emissions from maritime transport and to protect, restore and better manage marine and coastal ecosystems impacted by global warming, such as marine protected areas; and promote crosscutting sustainable blue economy such as renewable marine energy. The Commission should adopt delegated acts, inter alia, for setting the total quantity of allowances for maritime transport in line with other sectors, and the method of allocation of allowances for maritime transport through auctioning. When preparing these delegated acts, the Commission should update the 2013 impact assessment in particular to reflect the Union’s overall greenhouse gas reduction target, and economic impacts including in terms of possible risks of unintended modal shifts and carbon leakage, and publish the results of this assessment. It is important that the Union and its Member States support measures at the international level to reduce the climate impacts of maritime transport. The Commission should keep under review any progress towards the adoption of a market-based measure by the IMO, and should in the event of adoption of a global market-based measure, consider how to ensure alignment between Union measures and global measures. __________________ 1aDirective 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L275, 25.10.2003, p. 32).
2020/03/20
Committee: ENVI
Amendment 79 #

2019/0017(COD)

Proposal for a regulation
Recital 13 d (new)
(13d) Article 10(3) of Directive 2003/87/EC of the European Parliament and of the Council1a provides that 50% of revenues generated from the auctioning of allowances for ETS emissions, which is allocated to the Member States, should be used to tackle climate change, inter alia, to reduce greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for mitigation and adaptation. In parallel with the inclusion of the maritime sector in the ETS, a significant part of ETS revenues allocated to the Member States should be used to establish a “Blue Fund” to reduce emissions from maritime transport and to protect, restore and better manage marine and coastal ecosystems impacted by global warming, such as marine protected areas; and promote crosscutting sustainable blue economy such as renewable marine energy. All Member States should participate to the allocation of the Fund operated at Union level established by this Regulation. Each national contributions should then be proportionate according to the importance of their exclusive economic zone and maritime economy. The Fund should support the improvement of energy efficiency of ships and investment in innovative technologies and infrastructures to decarbonise maritime transport, including in short sea shipping and ports, and the deployment of sustainable alternative fuels and zero- emission propulsion technologies including wind technologies. __________________ 1aDirective 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L275, 25.10.2003, p. 32).
2020/03/20
Committee: ENVI
Amendment 157 #

2019/0017(COD)

Proposal for a regulation
Article 1 a (new)
Directive 2003/87/EC
Chapter II a (new)
Article 1a Amendments to Directive 2003/87/EC Directive 2003/87/EC is amended as follows: (1) the following chapter is inserted: CHAPTER IIa MARITIME TRANSPORT Article 3ga Scope The provisions of this Chapter shall apply from 1 January 2023 to the allocation and issue of allowances in respect of greenhouse gas emissions from ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council*. Article 3gb Total quantity and method of allocation of allowances for maritime transport 1. By June 2021, the Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive by setting the total quantity of allowances for maritime transport in line with other sectors and the method of allocation of allowances for maritime transport through auctioning, as well as laying down the special provisions with regard to the administering Member State. The delegated act shall be based on the best available data and on an assessment of the impacts of different options, including impacts on emissions as well as economic impacts. 2. Articles 12 and 16 shall apply to allowances for maritime transport in the same manner as to allowances related to other activities. 3. Member States shall use the revenues generated from the auctioning of allowances that are allocated to them, to tackle climate change in accordance with Article 10(3) of this Directive. They shall allocate a significant part of these revenues to the Blue Fund established according to Article 3gc. Each Member State shall participate to the Fund. National contributions should then be proportionate according to the importance of their exclusive economic zone and maritime economy. Member States shall report annually to the Commission about actions taken pursuant to the first subparagraph of this paragraph. Article 3gc Blue Fund 1. A Blue Fund (the Fund) operated at Union level shall be established to improve the energy efficiency of ships and support investment in innovative technologies and infrastructures to decarbonise maritime transport, including in short sea shipping and ports, and the deployment of sustainable alternative fuels and zero-emission propulsion technologies including wind technologies. The Fund shall also contribute to the protection, restoration and better management of marine ecosystems impacted by global warming, such as marine protected areas; and promote crosscutting sustainable blue economy such as renewable marine energy. 2. By way of derogation from Article 12 of this Directive, maritime transport companies may pay an annual membership contribution to the Fund in accordance with their total emissions reported for the preceding calendar year under Regulation (EU) 2015/757. The Fund shall surrender allowances collectively on behalf of maritime transport companies that are members of the Fund. The contribution per tonne of emissions shall be set by the Fund by 28 February each year, but shall be at least equal to the market price for allowances in the preceding year. 3. The Fund shall acquire allowances equal to the collective total quantity of contributions referred to in paragraph 2 of this Article during the preceding calendar year and surrender them to the registry established under Article 19 of this Directive by 30 April each year for subsequent cancellation. Information on contributions shall be made available to the public. 4. All investment supported by the Fund shall be made public and be consistent with the aims of this Directive. 5. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning rules on the operation of the Fund, including Member States' contributions, the selection procedure and criteria for investments Article 3gd International cooperation In the event that an international agreement on global marked-based measures to reduce greenhouse gas emissions from maritime transport is reached, the Commission shall review this Directive and shall, if appropriate, propose amendments in order to ensure alignment with that international agreement. __________________ * Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123 19.5.2015, p. 55).
2020/03/20
Committee: ENVI
Amendment 14 #

2018/0213(COD)

Proposal for a regulation
Recital 3
(3) At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of those reform priorities and of the objectives of the Green Deal. Those strategies should be presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and/or Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the programmes supported by the Union under the European Regional Development Fund, the Cohesion fund, the European Social Fund, the European Maritime and Fisheries Fund and the European Agricultural Fund for Rural Development, the European Investment Stabilisation Function and InvestEU, where relevant.
2020/04/01
Committee: ENVI
Amendment 27 #

2018/0213(COD)

Proposal for a regulation
Recital 19
(19) With regard to the reform delivery tool, it is necessary to identify the types of reforms that should be eligible for financial support. To ensure their contributionransition to a circular economy with net-zero GHG emissions by 2050 at the latest and to the other objectives of the Programme, the eligible reforms should be those addressing the challenges identified in the context of the European Semester of economic policy coordination, including those proposed to address the country-specific recommendations.
2020/04/01
Committee: ENVI
Amendment 35 #

2018/0213(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) to contribute to addressing national reform challenges of a structural nature aimed at improving the performance of the national economies and at promoting resilient economic and social structures in the Member States, thereby contributing to cohesion, competitiveness, productivity, growth and employmentsustainable growth, social inclusion, gainful employment which respects all existing Union labour rights, and the transition to net-zero GHG emissions by 2050 at the latest and a circular economy; and
2020/04/01
Committee: ENVI
Amendment 40 #

2018/0213(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) business environment, including for small and medium-sized enterprises, re- industrialisation, private sector development, product and service markets, investment, transition to climate neutrality, public participation in enterprises, privatisation processes, trade and foreign direct investment, competition and public procurement, sustainable sectoral development and support for research and innovation and digitisation;
2020/04/01
Committee: ENVI
Amendment 1 #

2011/2186(INI)

Draft opinion
Paragraph 1
1. Points out that the EIB Group1 should continue reporting annually to Parliament on its lending activities within the EU, with regard to the promotion of Union's objectives and the Europe 2020 Strategy, and outside the EU, with regard to its mandate and the overall policy coherence of the EU's external action; takes the view that the EIB and the EBRD should also focus on strengthening their cooperation in third countries, in order to enhance their respective comparative advantages and avoid overlaps in their work2; and recalls that Council and the European Parliament agreed3 that the time was ripe to study the rationalisation of system of European public financial institutions, which should not exclude the option of eventually dissolving the EBRD while boosting the EIB; __________________ 3 Subscription to additional shares in the capital of the European Bank for Reconstruction and Development ***I.
2012/01/12
Committee: ECON
Amendment 5 #

2011/2186(INI)

Draft opinion
Paragraph 1 a (new)
1a. Given the investment needs of the EU and its member states and the insufficient capital provided by the markets, calls upon the Governors of the EIB to agree to a significant raise in capital for the EIB primarily aimed at collecting the double dividend of economic recovery and the ecological conversion of our economies;
2012/01/12
Committee: ECON
Amendment 17 #

2011/2186(INI)

Draft opinion
Paragraph 5
5. Calls on the EIB to clarify its stanceDeems that the implementation onf the so-called Project Bonds, Eurobonds or other innovative financial instruments based on co-financing between the EU and EIB budgetsCommission proposal on EU 2020 Project Bonds could and should be a major vector for the development of sustainable industries and infrastructure in the Member States as well as at EU level; underlines that procedures established with that purpose should be explicitly laid down in a project eligibility framework to be defined following the ordinary legislative procedure;
2012/01/12
Committee: ECON
Amendment 27 #

2011/2186(INI)

Draft opinion
Paragraph 6
6. Calls on the EIB to assess and make public the development impact of current operations and correspondingly step up its activities in its southern Mediterranean countries of operation to promote investment in economic development and support the democratic process in those countries;
2012/01/12
Committee: ECON
Amendment 28 #

2011/2186(INI)

Draft opinion
Paragraph 6 a (new)
6a. Any support for financial intermediaries should be restricted only to local institutions not operating in secrecy jurisdictions and which have a substantial local ownership and are equipped to implement a pro-development approach supporting the specificity of local SMEs in each country;
2012/01/12
Committee: ECON
Amendment 33 #

2011/2186(INI)

Draft opinion
Paragraph 6 b (new)
6b. Requests the revision of the EIB energy policy document from 2007 to render it consistent with the EU 2050 objectives and roadmaps;
2012/01/12
Committee: ECON
Amendment 1 #

2011/2181(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission's green paper on the EU corporate governance framework; believes that, given the diverse nature of existing national frameworks and individual listed companies, a proportional and flexible approach to corporate governance must be applied;
2011/11/16
Committee: ECON
Amendment 12 #

2011/2181(INI)

Draft opinion
Paragraph 2
2. Believes that a ‘comply or explain’ approach is the most appropriate framework to apply to EU listed companies, providing a firm regulatory framework in whiRecognises that the financial crisis revealed a lack of effectiveness of existing corporate governance principles based on a 'comply or explain' approach; companies are accountable to the shareholders that provide their capital and are also required by law to report on their corporate governance practice;ncludes that a core of practicable and legally binding provisions are needed and must be complemented by soft regulation such as codes of best practices as well as reinforced supervision at national and EU level.
2011/11/16
Committee: ECON
Amendment 22 #

2011/2181(INI)

Draft opinion
Paragraph 3
3. Believes that codes of practice can delivercontribute to behavioural change and that the flexibility provided by codes allows innovation which can either draw on best practice throughout the EU, but or can also lead to race to the bottom; believes that a sharing of best practice should lead toinspire the development of an binding EU framework for corporate governance;
2011/11/16
Committee: ECON
Amendment 23 #

2011/2181(INI)

Draft opinion
Paragraph 4
4. Believes that existing codes should be strengthened and that more effective monitoring of codes and better quality of explanations are required; stresses that shareholders must remain central toplay effectively their role in the governance of companies and their role must be enhanced, not diminishedy should contribute more to responsible corporate governance; Amongst other things, shareholders should have the right to reject the remuneration policy defined by the remuneration committee at the general meeting; believes that shareholders should inform regulators when a company provides an unacceptable explanation for departing from a code of practice;
2011/11/16
Committee: ECON
Amendment 34 #

2011/2181(INI)

Draft opinion
Paragraph 6
6. Notes that there is a lack of long-term focus within the market and urges the Commission to review all relevant legislation to assess whether any requirements have inadvertently added to short-termism and to propose new legislative proposals to foster long term focus; in particular calls on the Commission to abandon the requirement for quarterly reporting in the Transparency Directive, which adds little to shareholder knowledge and simply creates short-term trading opportunities and to promote accounting rules that limit short term volatility of profits.
2011/11/16
Committee: ECON
Amendment 40 #

2011/2181(INI)

Draft opinion
Paragraph 6 a (new)
6a. As markets have proofed inefficient in determining appropriate levels of remuneration for higher echelons, calls for more transparency and comprehensive binding rules, addressing growing gaps between sustainable value creation and remuneration, in particular in but not limited to the financial sector.
2011/11/16
Committee: ECON
Amendment 43 #

2011/2181(INI)

Draft opinion
Paragraph 6 b (new)
6b. Following the efficient and innovative approach of Norway, calls on the Commission to propose binding rules to gender-balance corporate boards
2011/11/16
Committee: ECON
Amendment 46 #

2011/2181(INI)

Draft opinion
Paragraph 6 c (new)
6c. Considers that the corporate governance is not only the matter of shareholders and managers but should include all stakeholders. Employees, clients, social and environmental non- governmental organisations should be in a position to assess whether corporate governance is consistent with the long term interest of the company which implies further transparency, in particular for large companies.
2011/11/16
Committee: ECON
Amendment 1 #

2011/2149(INI)

Draft opinion
Paragraph 1
1. Notes that the intended beneficiaries of competition policy and of financial services regulation include consumers; emphasises the need to take into account the particular needs of vulnerable consumers; recalls that the economic crisis has considerably increased the difficulties of consumers with low income and lead a growing number of consumers to over-borrowing;
2011/09/15
Committee: ECON
Amendment 2 #

2011/2149(INI)

Draft opinion
Paragraph 2
2. Welcomes a strategic approach to consumer protection, drawing on lessons from the 2007-2013 strategy; emphasises that in the framework of the EU-2020 strategy, there should be a better articulation between consumer policy and a more sustainable, environment-friendly and social-oriented development;
2011/09/15
Committee: ECON
Amendment 9 #

2011/2149(INI)

Draft opinion
Paragraph 5
5. Notes the dissatisfaction of consumers regarding the functioning of financial services, as reflected in the Consumers Scoreboard ; emphasises that this dissatisfaction is even deeper following the financial crisis ; stresses that consumers have lost billions of Euros due to bad advise, considers therefore that more regulation is needed in this sector ; Given the nature, complexity and scale of the impact on consumers of financial services, calls for a presumption in the strategy that new legislation should be specific to financial services, rather than grouping financial services with other sectors, where consumer needs and behaviour are different;
2011/09/15
Committee: ECON
Amendment 14 #

2011/2149(INI)

Draft opinion
Paragraph 6
6. Points out that the new European Supervisory Authorities have explicit powers and responsibilities relating to consumer protection in financial services and expects the strategy to reflect and build on these; Calls on the Commission to explore ways of enhancing the consumer protection capacities of the ESAs;
2011/09/15
Committee: ECON
Amendment 18 #

2011/2149(INI)

Draft opinion
Paragraph 7
7. Calls for explicit links between the strategy and the programme for competition policy, and joined-up action to achieve this; notes the dissatisfaction of consumers concerning the functioning of the energy market ; considers that a thorough evaluation should be achieved regarding the consequences of liberalisation of this sector on the satisfaction of consumers;
2011/09/15
Committee: ECON
Amendment 22 #

2011/2149(INI)

Draft opinion
Paragraph 8
8. Calls for stronger protection in cross- border transactions, in particular for on- line products and services; considers that the development of cross-border trade makes it even more necessary to guarantee a high-level of consumer protection throughout the EU;
2011/09/15
Committee: ECON
Amendment 29 #

2011/2149(INI)

Draft opinion
Paragraph 9
9. Underlines the need to support financial inclusion, for example through access to basic banking services; notes that about 30 millions Europeans do not have access to basic banking services and that these people are very often deprived of leading a normal life in our societies ; strongly criticises that the Commission renounced to propose binding legislation as it had been announced in the Single Market Act and in the Commission's 2011 Work programme, calls on the Commission to follow up on the recommendation with binding legislation;
2011/09/15
Committee: ECON
Amendment 33 #

2011/2149(INI)

Draft opinion
Paragraph 10
10. Underlines the importance of applying and enforcing existing legislation, and calls for a rapid and complete transposition of the Consumers' Rights Directive;
2011/09/15
Committee: ECON
Amendment 3 #

2011/2146(INI)

Draft opinion
Paragraph 1
1. Recalls the origin of services of general economic interest (SGEIs) as a State response to the insufficient supWelcomes the Commission’s communication on the reform of the EU state aid rules on services of general economic interest (SGEIs); recalls the place that SGEIs hold among the EU’s shared values and the role they play of goodsin promoting the Union’s social and stervices in essential areas, whereby States guaranteed the provision of essential quality services which would otherwise not exist; notes that the subsequent development of SGEIs has its roots in the countless market failures in the provision of public goods and servicesritorial cohesion; stresses in this connection that it is essential to guarantee quality services; recalls that, under the terms of Article 106(2) of the TFEU, services of general economic interest are subject to the Treaty rules on state aid only in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them;
2011/09/02
Committee: IMCO
Amendment 6 #

2011/2146(INI)

Draft opinion
Paragraph 2
2. Encourages the Commission to put forward a legislative initiative that will ensure compatibility between the specific nature of SGEIs, as recognised in Article 14 of the Lisbon Treaty and Protocol 26 annexed to the Treaty, and the competition rules laid down in Articles 106 and 107, taking account, among other aspects, of the conditions set out in the Altmark judgmentin accordance with Article 14 of the Lisbon Treaty and Protocol 26 annexed to the Treaty, so as to establish principles and conditions, particularly those of a financial and economic nature, that will enable public services to perform their specific tasks;
2011/09/02
Committee: IMCO
Amendment 10 #

2011/2146(INI)

Draft opinion
Paragraph 3
3. Takes the view that SGEIs' operating criteria should take account of market efficiency without losing sight of the effective safeguarding of social rights and consumer protection;
2011/09/02
Committee: IMCO
Amendment 11 #

2011/2146(INI)

Draft opinion
Paragraph 4
4. Considers it crucial to combat the legal uncertainty caused by cases brought before the European Court of Justby clarifying the concepts of economice and infringement proceedings opened by the Commission, by providing a clear and rigorous definition of SGEIs and differentiating them from services of general non-economic interest (SGIs)non-economic activity, impact on trade, and reasonable profit, as well as by providing local and regional authorities with better information on these matters and by giving them more training to enhance their understanding of the rules on state aids;
2011/09/02
Committee: IMCO
Amendment 14 #

2011/2146(INI)

Draft opinion
Paragraph 4 a (new)
4a. Considers that all social services meeting basic needs, particularly as regards access to healthcare, child care, professional training, work, social housing and social inclusion for vulnerable persons, should be exempted from the notification requirement;
2011/09/02
Committee: IMCO
Amendment 15 #

2011/2146(INI)

Draft opinion
Paragraph 5
5. Takes the view that the Commission's current responsibilities, taking decisions on a case-by-case basis, should be underpinned by clear criteria and objectives that can be accepted by the Member States, are limited to the internal market and reduce the scope for litigation; considers that focusing excessively on efficiency criteria when authorising state aid to SGEIs would be inappropriate and that at any event such criteria cannot be a substitute for indicators that better reflect the contribution made by public services to the well-being of the community; recalls the vital role and wide discretionary power of the national, regional and local authorities in supplying, organising and securing the performance of SGEIs in line with principles and conditions particularly of a financial and economic nature, which enable them to function and perform their tasks and thus respond as broadly as possible to the needs of citizens and users, given the diversity of SGEIs and the varying needs that may exist as a result of differing geographical, social and cultural situations; highlights in this connection the principle of subsidiarity;
2011/09/02
Committee: IMCO
Amendment 16 #

2011/2146(INI)

Draft opinion
Paragraph 6
6. Highlights the specific nature of small- scale public procurementWelcomes the Commission’s move to adopt a differentiated and proportionate approach so as to simplify the application of the rules on state aid to public services provided by associations, foundations, non-profit organisations and social enterprises and to services organised at regional and local level, which does not affect competition in the internal market and where a simplified and transparent procedure should be possible that encourages innovation and the participation of small and medium-sized enterprises (SMEs).ith a limited impact on trade between Member States, and considers that there should be no discrimination in this respect on the basis of the size of the local or regional authority concerned;
2011/09/02
Committee: IMCO
Amendment 21 #

2011/2146(INI)

Draft opinion
Paragraph 6 a (new)
6a. Recalls that the state aid rules should comply strictly with the subsidiarity principle and should guarantee freedom of choice for local and regional authorities as regards their methods of organising, funding and performing public service tasks;
2011/09/02
Committee: IMCO
Amendment 22 #

2011/2146(INI)

Draft opinion
Paragraph 6 b (new)
6b. Calls on the Commission to simplify the rules for mandating; asks that a call for proposals accompanied by a target- based contract be deemed to constitute a mandate.
2011/09/02
Committee: IMCO
Amendment 29 #

2011/2146(INI)

Motion for a resolution
Paragraph 3
3. Supports the concept of thresholds for exemption from the requirement to give notification of state compensatory payments for SGEI, with the associated lessening of the administrative burden; suggests, on the basis of the consultations carried out, that the thresholds which determine the application of the SGEI Decision should be raised and that the existing exemption without thresholds for hospitals and social housing should be continued; calls for an exemption from notification for any social SGEI without any thresholds and without any conditions in terms of regular control of overcompensation;
2011/09/19
Committee: ECON
Amendment 38 #

2011/2146(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Believes that a legal framework for SGEI should in particular take explicit account of positives externalities generated by the provision of these services as an element to be integrated in particular in the calculation of the appropriate level of compensatory payments for SGEI; deems that a methodological framework should be developed at the EU and National level for that purpose in consistency with the principle of subsidiarity;
2011/09/19
Committee: ECON
Amendment 40 #

2011/2146(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Deems that the forthcoming Commission proposal on EU 2020 Project Bonds could and should be a major vector for the development of services of general interest in the Member States as well as at the European Union level; underlines that procedures established with that purpose should be explicitly laid down in a project eligibility framework to be defined following the ordinary legislative procedure;
2011/09/19
Committee: ECON
Amendment 46 #

2011/2146(INI)

Motion for a resolution
Paragraph 6
6. Asserts emphatically that public services must be of a high quality and accessible to all sections of the population; views with concern, in this regard, the restrictive stance taken by certain Member Statesthe European Commission which, in relation to state aid for social housing associations, classifyies the services provided by such associations as social services of general interest (SSGI) only if they are reserved for socially disadvantaged persons or groups, this restrictive interpretation being at odds with the higher goal of fostering an appropriate social mix;
2011/09/19
Committee: ECON
Amendment 59 #

2011/2146(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Welcomes the intention of the European Commission to clarify key concepts; and calls on the European Commission to include in the clarification the concept of the 'level of compensation needed (...) on the basis of an analysis of the costs which a typical undertaking, well run and adequately provided with means of transport (...) would have incurred' (CJEU judgment in Case C-280/00, Altmark), and the concepts of economic and non-economic activities, effects on trade, reasonable profit as well as the qualification of certain entities as undertakings;
2011/09/19
Committee: ECON
Amendment 60 #

2011/2146(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Calls on the European Commission to base the clarification of key concepts which are not set out in the Treaties and which concern especially the economic and financial conditions for the functioning of SGEI on Article 14 TFEU to ensure the necessary legal certainty and not by means of an interpretative and non legally binding Communication;
2011/09/19
Committee: ECON
Amendment 61 #

2011/2146(INI)

Motion for a resolution
Paragraph 8 c (new)
8c. Stresses that the "act of entrustment" is a guarantee of transparency which has to be retained in order to give more visibility for citizens but that the scope for mandating (act of entrustment) should be enhanced, in particular by means of the more flexible application of the rules; calls for project accompanied with a "contract of objectives" to be considered as eligible act of entrustment;
2011/09/19
Committee: ECON
Amendment 62 #

2011/2146(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission, as part of the promised simplification of state aid rules, to introduce greater flexibility in the monitoring of over-compensation, as this would result in significant time and cost savings for both service providers and the public authorities; suggests, to this end, that, in the case of multiannual contracts, checks for over-compensation should be carried out only at the end of the contractual period; deems that the responsibility for defining the practical tools for the prevention and the frequency of checks should be left to the relevant public authorities ; believes that any situation of overcompensation must be prevented by setting transparent criteria for calculation of public service compensation and, in case of overcompensation, resolved through simplified remedies for undertakings;
2011/09/19
Committee: ECON
Amendment 70 #

2011/2146(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Asks the European Commission to take cases of undercompensation into consideration, as undercompensation could endanger the well-functioning of public services obligations;
2011/09/19
Committee: ECON
Amendment 71 #

2011/2146(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Calls on the Commission to take on board any initiatives of prevention of overcompensations by the Member States such as the obligation for undertakings to reinvest locally any profits on services of general interest;
2011/09/19
Committee: ECON
Amendment 79 #

2011/2146(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to propose appropriate thresholds for the ‘de minimis’ arrangement; suggests as a possible reference in this respect the combined indices of size of municipality, amount of compensation payment and level of turnover of the undertaking entrusted with the operation of the service;
2011/09/19
Committee: ECON
Amendment 81 #

2011/2146(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Notes that the small and limited scale of social services of general interest cannot be verified on the single criterion of the population of a given authority but must be based on a set of indicators that take account, in particular, of the geographical location of an authority and the range or potential public service users involved;
2011/09/19
Committee: ECON
Amendment 82 #

2011/2146(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Reminds that SGEI providers have different status such as associations, foundations, voluntary and community organizations, non-profit organizations or social enterprises; recalls that some of those operate exclusively at the local level, do not engage in commercial activities and reinvest locally any profits on services of general interest ; deems that such operators are unable to affect trading in the internal market and disturb competition in the internal market;
2011/09/19
Committee: ECON
Amendment 83 #

2011/2146(INI)

Motion for a resolution
Paragraph 11 c (new)
11c. Suggests to the Commission that the de minimis ceiling of EUR 200 000 over three years below which public aid is not regarded as State aid should be raised to EUR 800 000a year specifically for public service compensation; deems that such a rule would exclude from the scope of State aid control all local public services relying on the local voluntary sector and local social micro-enterprises, including inter alia those related to social development such as social inclusion, the fight against exclusion, community work and the promotion of cultural, sporting and socio-educational activities; deems that the specificities of these local services guarantee the absence of any intra- Community trade distortion; underlines that it would be physically impossible for local and regional authorities to subject this kind of local operator to State aid control given the wide range of the services involved;
2011/09/19
Committee: ECON
Amendment 87 #

2011/2146(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission to devise special arrangements for social services of general interest (SSGI) that can be assumed to entail no detriment to trade between Member States; suggests, to this end, that appropriate highern exemption without thresholds be proposed for the amount of compensatory payments for local social services of this type;
2011/09/19
Committee: ECON
Amendment 93 #

2011/2146(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the Commission's assertion that it wishes to exempt in principle further categories of SSGI from the requirement that aid to them be the subject of notification without thresholds; calls for an assessment as to whether such an exemption should extend to all SGEI meeting basic social needs as defined by Member States, such as care facilities for elderly people or, people with disabilities, or to healthcare facilities, inter alia child care, lifelong training, social work services, social inclusion;
2011/09/19
Committee: ECON
Amendment 107 #

2011/2146(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Opposes the introduction by the Commission of specific requirements related to the assessment of economic efficiency in the framework of SGEI compensation at the Member State level; underlines that that the scope of the Commission competence, as the European competition authority, does not extend to the definition of conditions required for the efficient allocation of public resources by Member States authorities; points out that the exclusive role exercised by the Commission, under the supervision of the European Court of Justice, is limited to ensuring the conformity of public service compensation to the conditions laid down by the Court in the Altmark judgment;
2011/09/19
Committee: ECON
Amendment 19 #

2011/2117(INI)

Draft opinion
Paragraph 3
3. Agrees with the Commission that appropriate access to reparation in the internal market requires both the possibility of easy recourse to ADR and the existence of an effective system for collective claims, the two being complementary; stresses that although improved ADR mechanisms may limit the number of instances of collective recourse, they will not mitigate the urgent need for EU legislation on such a system;
2011/07/20
Committee: IMCO
Amendment 55 #

2011/2117(INI)

Draft opinion
Paragraph 6 a (new)
6a. Stresses that the implementation of such a charter must not be a substitute for adopting the legislation on ADR referred to in paragraph 1;
2011/07/20
Committee: IMCO
Amendment 3 #

2011/2115(INI)

Draft opinion
Paragraph 1
1. Calls on the Commission and the Council to continue implementation of the European external market access strategy with a view to removing unjustified non- tariff trade barriers;
2011/09/06
Committee: IMCO
Amendment 6 #

2011/2115(INI)

Draft opinion
Paragraph 1 a (new)
1a. regards as unjustified all barriers resulting from the incoherent implementation of bilateral and multilateral trade rules; instead regards as justified all barriers resulting from the legitimate legislative and administrative activity of public authorities originating in other than trade scopes but having unintended consequences on trade, whose removal must be subject to public consultation and deliberation
2011/09/06
Committee: IMCO
Amendment 9 #

2011/2115(INI)

Draft opinion
Paragraph 2
2. Supports the proposal contained in the Single Market Act aiming to promote regulatory convergence and the wider adoption of international standards; hopes that the structured regulatory dialogues established in this field with some of its partners will produce practical results as regards the mutual recognition, convergence and development of rules and standards; emphasises that this structured regulatory dialogue must fully respect the democratic process in the adoption of standards, both in the EU and in its trading partners
2011/09/06
Committee: IMCO
Amendment 21 #

2011/2115(INI)

Draft opinion
Paragraph 4
4. Regrets that the public procurement procedures of our principal partners are not as open as those of the European Union; supportsTakes note of the fact that a mere 1-2 percent of the value of procurement contracts within the EU Member States are awarded across national borders, with the percentage of contracts awarded to bidders from outside the EU being a very small part of this fraction, calling in doubt the de-facto openness of the EU procurement market; nevertheless, considers that reciprocity is needed in this field between the EU and the industrialised countries and major emerging partners, without hindering the capability of the public authorities, especially in the developing countries, to use public procurement for purposes of general interest ; expects therefore the Commission's work to reprovisde EU legislation on public procurement, in particular figures and facts regarding the level of openness of public procurement both in the EU and in other introduction of legislationdustrialised countries, and to come up with a balanced legislative proposal to enhance symmetry in access to public procurement and to clarifying the provisions on access by third-country businesses to European public procurement procedures, both in order to ensure that the conditions governing these procedures are fair and to strengthen the EU's position when negotiating access for European businesses to third-country public procurement procedures;
2011/09/06
Committee: IMCO
Amendment 35 #

2011/2115(INI)

Draft opinion
Paragraph 5 a (new)
5a. Regrets that the Commission pushes for binding liberalisation commitments of services of general economic interest in negotiations for bilateral trade agreements, thereby undermining the quality of public services provision both in the EU and in third-countries; refuses that the pressure to liberalise these services in the context of international trade be used as the main rationale to liberalise them further within the EU Single Market.
2011/09/06
Committee: IMCO
Amendment 4 #

2011/2094(INI)

Draft opinion
Paragraph 2
2. Believes that improved price transparency is essential in stimulating competition in the single market and offering real choice to consumers; deems that competition policy should contribute to promoting and enforcing open standards and interoperability in order to prevent technological lock-in of consumers and clients by a minority of market players;
2011/10/28
Committee: IMCO
Amendment 9 #

2011/2094(INI)

Draft opinion
Paragraph 3
3. Notes the complexity of the food supply chain and the lack of transparency in food pricing; believes that an improved analysis of costs, processes, added value, volumes, prices and margins across all sections of the food supply chain, in line with competition law and commercial confidentiality, will improve price transparency and choice for consumers; recalls its demands to the Commission to carry out a competition inquiry in the agro-food industry to investigate the effect of the market power that major suppliers and retailers hold on the functioning of that market;
2011/10/28
Committee: IMCO
Amendment 17 #

2011/2094(INI)

Draft opinion
Paragraph 4
4. Notes the increase in energy prices and the negative impact this has on consumers, especially the elderly and vulnerable; recalls its invitation to the Commission during the early steps of the implementation of the third energy package to closely monitor the level of competition since the three largest players still represent about 75 % (electricity) and above 60 % (gas) of the market despite the gradual opening of the markets in the mid-1990s; invites the Commission to issue guidelines in order to improve access of renewables to the energy network;
2011/10/28
Committee: IMCO
Amendment 24 #

2011/2094(INI)

Draft opinion
Paragraph 5 a (new)
5a. Stresses that priority should be given to developing the renewable energy sector and energy savings, and that European competition policy, particularly in relation to state aid, must not have the effect of obstructing incentive measures introduced by the public authorities in this area;
2011/10/28
Committee: IMCO
Amendment 33 #

2011/2094(INI)

Draft opinion
Paragraph 7 a (new)
7a. Recalls that services of general economic interest are subject to European competition rules only in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them;
2011/10/28
Committee: IMCO
Amendment 35 #

2011/2094(INI)

Draft opinion
Paragraph 7 b (new)
7b. Considers that all social services meeting basic needs, particularly as regards access to healthcare, child care, professional training, work, social housing and social inclusion for vulnerable persons, should be exempted from the competition rules;
2011/10/28
Committee: IMCO
Amendment 36 #

2011/2094(INI)

Draft opinion
Paragraph 7 c (new)
7c. Regrets the potentially detrimental effect of the total liberalisation of the postal sector on the quality of this service of general economic interest, and considers that a thorough and independent study should be carried out as quickly as possible to examine the impact of the postal services directives on the quality and universality of the service, the costs to consumers, and the level and quality of jobs in this sector;
2011/10/28
Committee: IMCO
Amendment 37 #

2011/2094(INI)

Draft opinion
Paragraph 7 d (new)
7d. Recalls its invitation to the Commission to examine in its next annual report the extent to which the concentration of critical raw materials suppliers may be harmful to the activity of client sectors and a more eco-efficient economy since some of these are of paramount importance for the deployment of eco-efficient technologies such as photovoltaic panels and lithium-ion batteries;
2011/10/28
Committee: IMCO
Amendment 38 #

2011/2094(INI)

Draft opinion
Paragraph 7 e (new)
7e. Deems that the forthcoming Commission proposal on EU 2020 Project Bonds could and should be a major vector for the development of services of general interest in the Member States as well as at the European Union level; underlines that procedures established with that purpose should be explicitly laid down in a project eligibility framework to be defined following the ordinary legislative procedure;
2011/10/28
Committee: IMCO
Amendment 2 #

2011/2087(INI)

Draft opinion
Citation 1
– whereas sport, in addition to being a socio-cultural phenomenon, is a dynamic economic sector capable of generating significant revenues and could contribute to the Europe 2020 strategy,
2011/09/06
Committee: ECON
Amendment 3 #

2011/2087(INI)

Draft opinion
Citation 2
– whereas sport does not behave like a typical economic activity because of its specific characteristics and its organisational structures underpinned by federations, which do not operate as commercial companies, and whereas a distinction must be made between sporting and commercial interests,
2011/09/06
Committee: ECON
Amendment 18 #

2011/2087(INI)

Draft opinion
Paragraph 7 a (new)
7a. Recalls that the EU is, in accordance with Article 165 TFEU, committed to promoting the equity and protecting the integrity of sport; considers therefore that the EU should introduce European-level structural cooperation in order to coordinate the fight against fraud and corruption in sport;
2011/09/06
Committee: ECON
Amendment 20 #

2011/2087(INI)

Draft opinion
Paragraph 8
8. Supports any form of self-regulation in the sport sectors aimed at reinforcing accountability, transparency and financial stability; considers it essential, for the credibility of this kind of regulation, that an effective system of scrutiny and a balanced mix of sanctions and incentives be implemented; calls on the Commission to examine the possibility of a legislative instrument, on the basis of Article 114 TFEU, aimed at ensuring the existence of harmonised rules of sound financial management for European professional sports clubs;
2011/09/06
Committee: ECON
Amendment 25 #

2011/2087(INI)

Draft opinion
Paragraph 8 a (new)
8a. Calls on the Commission to put forward specific proposals to remedy the shortcomings and discrepancies in the legislation concerning the activities – which are by their nature, cross-border – of sports agents which were documented by the independent study carried out in 2009 on behalf of the Commission;
2011/09/06
Committee: ECON
Amendment 20 #

2011/2085(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Stresses, on the other hand, that mutual evaluation has not had a major impact on the implementation of the Services Directive, since most legislative adjustments had already taken place when the mutual evaluation process began;
2011/07/19
Committee: IMCO
Amendment 23 #

2011/2085(INI)

Motion for a resolution
Paragraph 14
14. Urges the Commission to keep Parliament informed about the progress and outcomes of the dialogue held with Member States on the implementation of the Services Directive; Calls on the Commission to take further enforcement measures when deemed necessary; stresses the need to limit as far as possible the administrative burdens and red tape which implementing the Services Directive entails in particular for local and regional public authorities;
2011/07/19
Committee: IMCO
Amendment 27 #

2011/2085(INI)

Motion for a resolution
Paragraph 15
15. Looks forward to the announced economic assessment of the implementation of the Services Directive; invites the Commission to present to the Parliament its findings; hopes that this evaluation will make it possible to measure the real impact of the directive on economic activity and its repercussions for employment both in terms of quantity (job creation and job loss) and quality (quality of work, working conditions);
2011/07/19
Committee: IMCO
Amendment 32 #

2011/2085(INI)

Motion for a resolution
Paragraph 17
17. Acknowledges the Commission's findings and plans to assess further issues related to reserving service activities for certain operators, legal form and capital ownership requirements, and insurance obligation; calls for an evaluation, with reference to public expectations, of the impact of including services of general economic interest in the scope of the directive on the operation and quality of such services;
2011/07/19
Committee: IMCO
Amendment 37 #

2011/2085(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to focus its targeted actions on the requirements which if removed would bring maximum added value to the functioning of the single market for services; hopes, nevertheless, that the Commission will take account of the difficulties that the elimination of certain requirements may cause to the public authorities’ capacity to regulate effectively the provision of services on their territory; asks the Commission to target its work towards the sectors and professions with a high potential for cross - border provision of services;
2011/07/19
Committee: IMCO
Amendment 44 #

2011/2085(INI)

Motion for a resolution
Paragraph 19
19. Urges the Commission to work further to ensure the proper application ofat the freedom to provide services clause in Article 16 is properly applied and cannot be interpreted as allowing the application of the country of origin principle;
2011/07/19
Committee: IMCO
Amendment 49 #

2011/2085(INI)

Motion for a resolution
Paragraph 21
21. Reiterates its support toConsiders that the use of mutual evaluation in other policy areas, where appropriate; Believes that mutual evaluation has proven innovative and useful and should be seen as a tool to improve the functioninghas so far had an uneven record and that there is a need to ensure that, if extended to other policy areas, it will not increase the administrative burden ofn the Single Marketpublic authorities;
2011/07/19
Committee: IMCO
Amendment 2 #

2011/2084(INI)

Draft opinion
Paragraph 1
1. recalls the growing economic importance of the on-line gambling industry, the take from which was over EUR 310 billion, or 45% of the world market, in 2008; agrees with the Court of Justice of the European Union that this is an economic activity with specific characteristics; recalls that this growth also entails increased social cost from problem and under-age gambling and that the regulation of the industry should seek to minimise these costs through appropriate standards in marketing and conditions of access to on-line gambling sites;
2011/07/19
Committee: ECON
Amendment 38 #

2011/2084(INI)

Draft opinion
Paragraph 3
3. insists on the need to dissuade players from engaging in illegal gambling, which means that lawful services must be provided as a system that is coherent across the whole of Europe, especially in terms of tax treatment, and applies common standards of accountability and integrity; recommends, in this regard, the establishment of a blacklist of illegal undertakings to be used throughout the Union to block transfers between their bank accounts and accounts held by banks in the Union;
2011/07/19
Committee: ECON
Amendment 45 #

2011/2084(INI)

Draft opinion
Paragraph 3 a (new)
3a. Points out in particular that spread betting, a form of gambling that is predominantly conducted online and under which consumers may potentially lose many times more than their initial stake, requires very strict conditions for consumer access and should be regulated, as is already the case in a number of Member States, in a comparable way to financial derivatives;
2011/07/19
Committee: ECON
Amendment 48 #

2011/2084(INI)

Draft opinion
Paragraph 3 b (new)
3b. Emphasises the need to address the protection of customer accounts opened in connection with online gambling in the event of the service provider becoming insolvent;
2011/07/19
Committee: ECON
Amendment 51 #

2011/2084(INI)

Draft opinion
Paragraph 3 c (new)
3c. Stresses that, in order to promote consumer safety, uniform standards should be adopted across the union in terms of the procedures and technology used for geo-location, personal identification and payment systems in connection with online gambling sites;
2011/07/19
Committee: ECON
Amendment 90 #

2011/2084(INI)

Draft opinion
Paragraph 6 a (new)
6a. Points out that, in many Member States, gambling is an important source of funding for good causes, such as cultural and charitable organisations, including those that address the social costs of gambling, and that the Commission should ensure that such funding is not undermined by any future legislation relating to on-line gambling in the Union;
2011/07/19
Committee: ECON
Amendment 5 #

2011/2082(INI)

Draft opinion
Paragraph 1
1. Underlines the need, given the impact of ageing societies on labour markets, savings and consumption patterns and public expenditure in the years to come, to shift from direct taxation further to indirect taxation.at indirect taxation is no substitute for direct taxation, the latter having to be based on the principle of progressivity, to which flat rates and lack of generalised automatic information exchange are detrimental
2011/07/22
Committee: IMCO
Amendment 13 #

2011/2082(INI)

Draft opinion
Paragraph 1 a (new)
1 a. calls for a Green VAT strategy to be devised, centred on reduced rates for energy efficient and environmentally friendly products and services, counterbalancing unfair competition which results from externalities not reflected in the price of a good or service
2011/07/22
Committee: IMCO
Amendment 25 #

2011/2082(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Emphasises that rendering the VAT system fraud proof must be a key priority, given massive losses incurred by Member States, possibly amounting to 100 Billion Euro. Particular attention needs to be paid to "carousel" fraud. Recalls the detailed suggestions contained in the Bowles report (A6-0312/2008), which are still valid and should be implemented without delay.
2011/07/22
Committee: IMCO
Amendment 35 #

2011/2082(INI)

Draft opinion
Paragraph 3 a (new)
3 a. recalls that a general exemption is in place for air travel, which leads to market distortion, hitting particularly hard rail travel, which does not benefit from a generalised exemption
2011/07/22
Committee: IMCO
Amendment 48 #

2011/2082(INI)

Draft opinion
Paragraph 6
6. Notes that according to the subsidiarity principle Member States should keep their possibility to decideCalls for the suppression of all exemptions, and for the framing in a tight manner onf reduced levels of VAT rates by establishing certain sectors in order to better implement European and national policies or on the basis of national historical, economic, social or environmental factorslear criteria for socially or environmentally justifiable reductions. Unless Member States are able to clearly demonstrate the social or environmental benefits of reduced rates, such rates shall be prohibited.
2011/07/22
Committee: IMCO
Amendment 3 #

2011/2071(INI)

Draft opinion
Paragraph 1
1. Calls on the European Council and the Commission to focus more, within the European Semester, on the Single Market which constitutes the economic pillar of the EU; stresses that the Single Market must be at the heart of a European Economic Governance focused on the aim of fostering smart, sustainable and inclusive growth, employment and social cohesion by overcoming internal imbalances and producing converging competitiveness dynamics;
2011/07/22
Committee: IMCO
Amendment 14 #

2011/2071(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Underlines the need to take into account the EU2020 strategy in the implementation of the European Semester; emphasises that the initiatives taken in the framework of the Single Market Act must be consistent with and contribute to achieving the objectives of the 7 flagships of the EU 2020 strategy for a smart, sustainable and inclusive growth;
2011/07/22
Committee: IMCO
Amendment 12 #

2011/2010(INI)

Draft opinion
Paragraph 2
2. Acknowledges thatCalls on the Commission to assess if the most realistic and useful approach at the moment iswould be the establishment of a coherent and legally binding framework of IGS protection based on minimum harmonisation, which should not undermine the protection already offered by some Member States, with a view to achieving maximum harmonisation at a later stage;
2011/03/24
Committee: IMCO
Amendment 20 #

2011/2010(INI)

Draft opinion
Paragraph 4
4. Believes that future IGSs should be based on the home Member State principle and provion the condition that insurance guarantee schemes achievable under a high degree and equalminimum harmonisation are established in all Member States that offer truly equivalent high level of consumer protection for all natural persons – whether policyholders or other beneficiaries – covered by all types of insurance contract (life and non-life), especially in the event of insurer bankruptcy, insurer or intermediary mis- selling, or fraud; considers that consumers should also be covered for losses resulting from claims following legal judgements in the case of insurer or intermediary mis- selling, or fraud within a set period; requests the Commission clarify the role played by IGS in relation to intermediaries;
2011/03/24
Committee: IMCO
Amendment 33 #

2011/2010(INI)

Draft opinion
Paragraph 7
7. Believes thate funding arrangements for IGSs should be based on both ex-ante and ex-post funding;ex-ante funding; urges the Commission to investigate how an optimal ex-ante approach to funding could be implemented, potentially in combination with ex-post funding and portfolio transfer mechanisms to ensure an appropriate level of consumer protection, recognises that failing insurance companies should also have contributed to the contingency funding which should be in place in case of insurer failure;
2011/03/24
Committee: IMCO
Amendment 35 #

2011/2010(INI)

Draft opinion
Paragraph 8
8. Calls on the Commission and the Member States to endorse effective governance and supervision of the IGSs and to strengthen cooperation between national and European supervisory authoritie, by Member State competent authorities and EIOPA and to strengthen cooperation between national authorities and EIOPA in order to ensure consistency of approaches of the IGSs; insists that home supervisory systems under the surveillancewith the approval of EIOPA should test whether IGSs are capable of resisting the failure of one or more insurers and should also facilitate the exchange of information and best practices.
2011/03/24
Committee: IMCO
Amendment 77 #

2011/0386(COD)

Proposal for a regulation
Recital 7
(7) There is strong evidence showing the effectiveness of rules-based fiscal frameworks in supporting sound and sustainable fiscal policies. The introduction of national fiscal rules that are consistent with the budgetary objectives set at Union level should be a crucial element to ensure the respect of the Stability and Growth Pact provisions. In particular, Member States should put in place structural balanced budget rules which transpose into national legislation the main principles of the Union fiscal framework. This transposition should be effective through binding rules preferably of a constitutional nature so as to demonstrate the strongest commitment of national authorities in relation to the Stability and Growth Pact.
2012/03/13
Committee: ECON
Amendment 149 #

2011/0386(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Member States shall have in place numerical fiscal rules on the budget balance that implement in the national budgetary processes their medium-term budgetary objective as defined in Article 2a of Regulation (EC) No 1466/97. Such rules shall cover the general government as a whole and be of binding, preferably constitutional, nature.
2012/03/13
Committee: ECON
Amendment 47 #

2011/0361(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) Credit ratings and rating outlooks should be expressed in numbers indicating the probability of default, accompanied by an explanatory statement.
2012/04/17
Committee: ECON
Amendment 55 #

2011/0361(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) Given the high return on sales credit rating agencies with a market share of more than 10 % benefit from, Member States should coordinate the introduction of a special tax, the revenue of which could contribute to funding alternative rating models.
2012/04/17
Committee: ECON
Amendment 143 #

2011/0361(COD)

Proposal for a regulation
Recital 19
(19) It is important to ensure that modifications to the rating methodologies do not result in less rigorous methodologies. For that purpose, issuers, investors and other interested parties should have the opportunity to comment on any intended change of rating methodologies. This will help them to understand the reasons behind new methodologies and for the change in question. Comments provided by issuers and investors on the draft methodologies may provide valuable input for the credit rating agencies in defining the methodologies. Moreover, ESMA should verify and confirm the compliance of new rating methodologies with Article 8(3) of Regulation (EC) No 1060/2009 and the relevant regulatory technical standard before methodologies are applied in practice. ESMA should verify that the proposed methodologies are rigorous, systematic, continuous and subject to validation based on historical experience, including back-testing. However, this verification process should not grant ESMA any power to judge the appropriateness of the proposed methodology or the content of the credit ratings issued following the application of the methodologies, and in this way standardisation of methodologies is avoided and the diversity of methodologies maintained.
2012/04/17
Committee: ECON
Amendment 145 #

2011/0361(COD)

Proposal for a regulation
Recital 19 a (new)
(19a) Rating methodologies should take into account financial risks deriving from environmental hazards. Such risks include, but are not limited, to the risk to the long terms creditworthiness of obligors with significant exposure to environmental factors or changes in legal requirements relating to environmental matters, the impact of environmental matters on commodity price exposures and the impact of non-insurable risks not already taken into account in the institutions regulatory and internal operational risk framework.
2012/04/17
Committee: ECON
Amendment 211 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 6
Regulation (EC) No 1060/2009
Article 5a
Credit institutions, investment firms, insurance and reinsurance undertakings, institutions for occupational retirement provisions, management and investment companies, alternative investment fund managers and central counterparties as defined in Regulation (EU) No xx/201x of the European Parliament and of the Council of xx xxx 201x on OTC derivatives, central counterparties and trade repositories shall make their own credit risk assessment and shall noteither solely nor mechanistically rely on credit ratings for assessing the creditworthiness of an entity or financial instrument. An external credit rating shall only be used if the undertakings referred to in the first paragraph have a balance sheet of less than 2,5 billion euro and demonstrated that they are unable to assess the credit risk by other means or where they can demonstrate to the satisfaction of the competent authority that the burden of an internal assessment is not justified by the materiality of the current and expected future exposure resulting from the assets concerned. Competent authorities in charge of supervising these undertakings shall closely checkmonitor the adequacy of undertakings credit assessment processes. and ensure that they agree neither to contractual rules that result in the automatic sale of assets in the event of a downgrade of the creditworthiness by an external credit rating agency, nor to a rule requiring the use of a specific credit rating agency.
2012/04/17
Committee: ECON
Amendment 215 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 6
Regulation (EC) No 1060/2009
Article 5b – title
Reliance on credit ratings by the ECB, the European Supervisory Authorities and the European Systemic Risk Board
2012/04/17
Committee: ECON
Amendment 223 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 6
Regulation (EC) No 1060/2009
Article 5 c (new)
Article 5c Reliance on credit ratings by the ECB The ECB shall not refer to or rely on credit ratings in any way.
2012/04/17
Committee: ECON
Amendment 233 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6a – paragraph 1 – introductory part
1. A shareholder or a member of a credit rating agency holding at least 5% of theny capital or the voting rights in that agency shall not:
2012/04/17
Committee: ECON
Amendment 235 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6a – paragraph 1 – point a
(a) hold 5% or moreany of the capital of any other credit rating agency. This prohibition does not apply to holdings in diversified collective investment schemes, including managed funds such as pension funds or life insurance, provided that the holdings in diversified collective investment schemes do not put him or her in a position to exercise significant influence on the business activities of those schemes;
2012/04/17
Committee: ECON
Amendment 238 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6a – paragraph1 – point b
(b) have the right or the power to exercise 5% or moreany of the voting rights in any other credit rating agency;
2012/04/17
Committee: ECON
Amendment 251 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b – paragraph 1
1. Where a credit rating agency has entered into a contract with an issuer or its related third party for the issuing of credit ratings on that issuer, it shall not issue credit ratings on that issuer for a period exceeding threfive years.
2012/04/17
Committee: ECON
Amendment 253 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b – paragraph 2
2. Where a credit rating agency has entered into a contract with an issuer or its related third party for the issuing of credit ratings on the debt instruments of that issuer, the following shall apply: (a) when those credit ratings are issued within a period exceeding an initial period of twelve months but shorter than three years, theand when that credit rating agency shall not issue any furthers issued credit ratings oin those debt instruments from the moment that ten debt instruments have been rated; (b) when at least ten credit ratings are issued within an initial period of twelve months, that credit rating agency shall not issue any further credit ratings on those debt instruments after the end of that period; (c) when less than ten credit ratings are issued, the credit rating agency shall not issue any further credit ratings on those debt instruments from the moment a period of 3 years have elapsedrelation to 10 debt instruments within an initial period of three years, it shall not issue any further credit ratings on those debt instruments until 20 debt instruments of the same issuer have been rated by other credit rating agencies.
2012/04/17
Committee: ECON
Amendment 263 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b – paragraph 7 a (new)
7a. This Article applies only to credit rating agencies with a market share exceeding 10 %.
2012/04/17
Committee: ECON
Amendment 269 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 10 – point a
Regulation (EC) No 1060/2009
Article 8 – paragraph 2
2. A credit rating agency shall adopt, implement and enforce adequate measures to ensure that the credit ratings and the rating outlooks it issues are based on a thorough analysis of all the information concerning all types of financial risks, including environmental risks, that is available to it and that is relevant to its analysis according to the applicable rating methodologies. It shall adopt all necessary measures so that the information it uses in assigning credit ratings and rating outlooks is of sufficient quality and from reliable sources.
2012/04/17
Committee: ECON
Amendment 298 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 11
Regulation (EC) No 1060/2009
Article 8a – title
Information on structured finance instruments
2012/04/17
Committee: ECON
Amendment 299 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 11
Regulation (EC) No 1060/2009
Article 8a – paragraph 1
1. The issuer, the originator and the sponsor of a structured finance instrument established in the Union shall disclose to the public, in accordance with paragraph 4, all information on the credit quality and, in so far as available, the performance of the finance instruments. As regards structured finance instruments, all information on the credit quality and performance of the individual underlying assets of the structured finance instrument, the structure of the securitization transaction, the cash flows and any collateral supporting a securitisation exposure as well as any information that is necessary to conduct comprehensive and well informed stress tests on the cash flows and collateral values supporting the underlying exposures shall be disclosed to the public.
2012/04/17
Committee: ECON
Amendment 303 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 11
Regulation (EC) No 1060/2009
Article 8b – paragraph 1
1. Where an issuer or a related third party intends to solicit a credit rating of a structured finance instrument, it shall refer the decision mandateing at least two credit rating agencies to a joint committee with equal representation of issuers and investors. Each credit rating agency shall provide its own independent credit rating.
2012/04/17
Committee: ECON
Amendment 309 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 12
Regulation (EC) No 1060/2009
Article 10 – paragraph 1 – subparagraph 1
1. A credit rating agency shall disclose any solicited credit rating or rating outlook, as well as any decision to discontinue a credit rating, on a non-selective basis and in a timely manner. In the event of a decision to discontinue a credit rating, the information disclosed shall include full reasons for the decision.
2012/04/17
Committee: ECON
Amendment 310 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 12
Regulation (EC) No 1060/2009
Article 10 – paragraph 1a (new)
1a. Unsolicited credit ratings of the investor-pays nature are exempted from the disclosure requirement referred to in Annex I, Section D, Part I, item 3.
2012/04/17
Committee: ECON
Amendment 313 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 12 a (new)
Regulation (EC) No 1060/2009
Article 10 – paragraph 3 a (new)
(12a) In Article 10 the following paragraph is inserted: "3a. Credit ratings and rating outlooks for sovereign debt shall not contain any prescription, guideline or reference relating to policy changes. Any form of public communication relating to potential changes of sovereign ratings other than credit ratings and rating outlooks, and accompanying press releases, shall be prohibited."
2012/04/17
Committee: ECON
Amendment 314 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 12 b (new)
Regulation (EC) No 1060/2009
Article 10 – paragraph 3 b (new)
(12 a) In Article 10 the following paragraph is inserted: "3b. Credit rating agencies shall modify credit ratings and rating outlooks for sovereign debt only at predefined dates. Those dates shall be announced publicly at least one year in advance. Credit ratings and rating outlooks for sovereign debt shall not be reviewed more than twice a year."
2012/04/17
Committee: ECON
Amendment 315 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 12 c (new)
Regulation (EC) No 1060/2009
Article 10 – paragraph 3 c (new)
(12c) In Article 10 the following paragraph is inserted: "3c. Credit rating agencies shall not modify credit ratings until at least four months after issuing a change in a credit rating or rating outlook."
2012/04/17
Committee: ECON
Amendment 322 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 14
Regulation (EC) No 1060/2009
Article 11a – paragraph 2
2. ESMA shall establish a European Rating Index which will include all credit ratings submitted to ESMA pursuant to paragraph 1 and, an aggregated rating index for any rated debt instrument. The index and individual credit ratings and the average default probability in accordance with Annex I, Section D, paragraph 2. The index and individual credit ratings, with the exception of credit ratings of the investor- pays nature, shall be published on ESMA's website.
2012/04/17
Committee: ECON
Amendment 372 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 24 – point a
Regulation (EC) No 1060/2009
Article 39 – paragraph 1
1. By 7 December 2012, the Commission shall make an assessment of the application of this Regulation, including an assessment of the reliance on credit ratings in the Union, the impact on the level of concentration in the credit rating market, the cost and benefits of impacts of the Regulation and, of the appropriateness of the remuneration of the credit rating agency by the rated entity (issuer-pays model), and submit a reportof alternative allocation and payment models, such as allocation by an independent body upon tender, deferred payment (payment upon result) and the investor-pays model, and submit a report indicating the legislative action to be taken and a road map, thereon to the European Parliament and the Council
2012/04/17
Committee: ECON
Amendment 377 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 24 – point b
Regulation (EC) No 1060/2009
Article 39 – paragraph 4
4. By 1 July 2015, the Commission shall assess the situation in the credit rating market, in particular the availability of sufficient choice in order to comply with the requirements set out in Articles 6b and 8b. The review shall also assess the need to extendappropriateness of the scope of the obligations, in Article 8a to include other financial products, including covered bondscluding covered bonds and other non-structured financial instruments, in Article 8a.
2012/04/17
Committee: ECON
Amendment 390 #

2011/0361(COD)

Proposal for a regulation
Annex I – point 1 – point b – point ii
Regulation (EC) No 1060/2009
Annex I – Section B – point 3 – paragraph 1 – point aa
(aa) a shareholder or member of a credit rating agency holding, directly or indirectly, 10% or more of either the capital or the voting rights of that credit rating agency or being otherwise in a position to exercise significant influence on the business activities of the credit rating agency, directly or indirectly owns financial instruments of the rated entity or a related third party or has any other direct or indirect ownership interest in that entity or party, other than holdings in diversified collective investment schemes, including managed funds such as pension funds or life insurance, which do not put him in a position to exercise significant influence on the business activities of the scheme;
2012/04/17
Committee: ECON
Amendment 395 #

2011/0361(COD)

Proposal for a regulation
Annex I – point 1 – point b – point iii
Regulation (EC) No 1060/2009
Annex I – Section B – point 3 – paragraph 1 – point ba
(ba) the credit rating is issued with respect to a rated entity or a related third party which directly or indirectly holds 10% or more of either the capital or the voting rights of that credit rating agency;
2012/04/17
Committee: ECON
Amendment 398 #

2011/0361(COD)

Proposal for a regulation
Annex I – point 1 – point b – point iv
Regulation (EC) No 1060/2009
Annex I – Section B – point 3 – paragraph 1 – point ca
(ca) a shareholder or member of a credit rating agency holding, directly or indirectly, 10% or more of either the capital or the voting rights of that credit rating agency or being otherwise in a position to exercise significant influence on the business activities of the credit rating agency, is a member of the administrative or supervisory board of the rated entity or a related third party;
2012/04/17
Committee: ECON
Amendment 405 #

2011/0361(COD)

Proposal for a regulation
Annex I – point 1 – point d
Regulation (EC) No 1060/2009
Annex I – Section B – point 4 – subparagraph 1
4. Neither a credit rating agency nor any person holding, directly or indirectly, at least 5% of the capital or voting rights of the credit rating agency or otherwise in a position to significantly influence the business activities of the credit rating agency shall provide consultancy or advisory services to the rated entity or a related third party regarding the corporate or legal structure, assets, liabilities or activities of that rated entity or related third party.
2012/04/17
Committee: ECON
Amendment 408 #

2011/0361(COD)

Proposal for a regulation
Annex I – point 2 – point d
Regulation (EC) No 1060/2009
Annex I – Section C – point 8 – paragraph 1 a (new)
A lead rating analysts switching to another credit rating agency shall cease to be involved in credit rating activities related to a rated entity or its related third parties the lead rating analyst was involved in previously for a period of four years.
2012/04/17
Committee: ECON
Amendment 409 #

2011/0361(COD)

Proposal for a regulation
Annex I – point 4 – point a
Regulation (EC) No 1060/2009
Annex I – Section D – Part I – point 1 a (new)
1a. Credit ratings and rating outlooks shall be expressed in numbers indicating the probability of default, accompanied by an explanatory statement.
2012/04/17
Committee: ECON
Amendment 410 #

2011/0361(COD)

Proposal for a regulation
Annex I – point 4 – point f
Regulation (EC) No 1060/2009
Annex I – Section D – Part I – point 5 – subparagraph 1
5. When announcing a credit rating or a rating outlook, a credit rating agency shall explain in its press releases or reportsand explanatory statement the key elements underlying the credit rating or the rating outlook.
2012/04/17
Committee: ECON
Amendment 415 #

2011/0361(COD)

Proposal for a regulation
Annex I – point 6
Regulation (EC) No 1060/2009
Annex I – Section D – part III – paragraph 2 a (new)
2a. The research report accompanying a change compared to the previous sovereign rating or related rating outlook shall not include prescriptions, guidelines or references relating to policy changes.
2012/04/17
Committee: ECON
Amendment 9 #

2011/0360(COD)

Proposal for a directive
Article -1 (new)
2003/41/EC
Article 18
Article -1 Amendments to Directive 2003/41/EC Directive 2003/41/EC is amended as follows: In Article 18, the following paragraph is inserted: "1a. Institutions shall not include investment rules that would result in the automatic sale of assets in the event of a downgrade of their creditworthiness by an external credit rating agency."
2012/03/29
Committee: ECON
Amendment 11 #

2011/0360(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
2009/65/EC
Article 51 – paragraph 3 a (new)
(1a) the following paragraph is inserted: "3a. A UCITS shall not include in its fund rules any rule that that would result in the automatic sale of its assets in the event of a downgrade of its creditworthiness by an external credit rating agency."
2012/03/29
Committee: ECON
Amendment 12 #

2011/0360(COD)

Proposal for a directive
Article 2 – paragraph – point 1 a (new)
2011/61/EU
Article 15 – paragraph 3 a (new)
(1a) the following paragraph is inserted: "3a. The AIFM shall ensure that the AIF is not required automatically to sell any of its assets in the event of a downgrade of its creditworthiness by an external credit rating agency."
2012/03/29
Committee: ECON
Amendment 33 #

2011/0308(COD)

Proposal for a directive
Recital 32
(32) In order to provide for enhanced transparency of payments made to governments, large undertakings and public interest entities which are active in the extractive industry or logging of primary forests1 should disclose in a separate report on an annual basis material payments made to governments in the countries in which they operate. Such undertakings are active in countries rich in natural resources, in particular minerals, oil, natural gas as well as primary forests. The reportThe report, which should form part of the notes to the financial statements, should also include types of payments comparable to those disclosed by an undertaking participating in the Extractive Industries Transparency Initiative (EITI). The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU market. __________________ 1 Defined in Directive 2009/28/EC as ‘naturally certain contextual information. These measures aim at enabling investors to make better- informed decisions, improving corporate governance and accountability and contributing to containing tax evasion. The report should incorporate disclosures on a country basis, with certain additional reporting requiregmenerated forest of native species, where there is no clearly visible indication of human activities and the ecots on a project basis for undertakings active in the extractive industry or loggical processes are not significantly disturbed.’ng of primary forests.
2012/04/25
Committee: ECON
Amendment 39 #

2011/0308(COD)

Proposal for a directive
Recital 33
(33) TIn the reports should serve to facilitate governments of resource-rich countries in implementing the EITI Principles and Criteria and account to their citizens for payments such governments receive from undertakingsby large undertakings and public interest entities which are active in the extractive industry or loggersing of primary forests operating within their jurisdiction. The report should incorporatpayments to governments should also be disclosuresed on a country and project basis, where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular intmeans an operational unit set up on the basis of one or severnal management reports, such as alicences, concessions, geographical basin, etc and where payments have been attributed to such projects. In the light of the overall objective of promoting good governance in these countries, the materiality of payments to bcontracts or other specific legal agreements which give rise to fiscal or parafiscal liabilities. However, the disclosure requirements on a project basis should be limited to projects for which the total amount of payments exceeds EUR 50 000. The reporteds should be assessed in relation to the recipient government. Various criteria on materiality could be envisaged such as payments of an absolute amount, or a percentage threshold (such as payments in excess of a percentage of a country’s GDP) and these can be defined through a delegated act. The reporting regime should be subjeinclude types of payments comparable to those disclosed by an undertaking participating in the Extractive Industries Transparency Initiative (EITI). The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation which require traders of timber products to a review and a report by the Commission within five years of the entry into force of the Directiveexercise due diligence in order to prevent illegal wood from entering into the EU market. The reviewports should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security. The review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details, such as bank account informaserve to facilitate governments of resource-rich countries in implementing the EITI Principles and Criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction.
2012/04/25
Committee: ECON
Amendment 71 #

2011/0308(COD)

Proposal for a directive
Article 36 – paragraph 1 – point 1
1. ‘Undertaking active in the extractive industry’ means an undertaking with any activity involving the exploration, discovery, development, and extraction of minerals, oil and natural gas deposits, as referred to in Section B-Divisions 05 to 08 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council.deleted
2012/04/25
Committee: ECON
Amendment 73 #

2011/0308(COD)

Proposal for a directive
Article 36 – paragraph 1 – point 1
1. ‘Undertaking active in the extractive industry’ means an undertaking with any activity involving the exploration, discovery, development, and extraction of minerals, oil and natural gas deposits, as referred to in Section B-Divisions 05 to 08 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council’ means the highest level parent company publishing accounts within the European Union where the group of companies for which that parent company prepares consolidated financial statements includes subsidiary companies, branches, permanent establishments, joint ventures and associate undertakings.
2012/04/25
Committee: ECON
Amendment 75 #

2011/0308(COD)

Proposal for a directive
Article 36 – paragraph 1 – point 2
2. ‘Undertaking active in the logging of primary forests’ means an undertaking with activities as referred to in Section A- Division 2.2 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council, in primary forests.deleted
2012/04/25
Committee: ECON
Amendment 78 #

2011/0308(COD)

Proposal for a directive
Article 36 – paragraph 1 – point 3
3. ‘Government’ means any national, regional or local authority of a Member State or of a third country. It includes a department, agency or undertaking controlled by that authority as laid down in Article 23 (1) to (6) of this Directive, or any government entity that receives any payment of the type noted in Article 38 from any constituent entity of an undertaking.
2012/04/25
Committee: ECON
Amendment 82 #

2011/0308(COD)

Proposal for a directive
Article 36 – paragraph 1 – point 4
4. ‘Project’ is equivalent to a specific operational reporting unit at the lowest level within the undertaking at which regular internal management reports are prepared to monitor its business. It includes any contract, licence, lease or other legal agreement under which a company operates, and from which its fiscal liabilities arise.
2012/04/25
Committee: ECON
Amendment 87 #

2011/0308(COD)

Proposal for a directive
Article 36 – paragraph 1 – point 4 a (new)
4a. ‘Constituent entities’ means those subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements that shall in whole or in part be considered members of the Undertaking to the extent that they are consolidated in the annual financial statements of that Undertaking.
2012/04/25
Committee: ECON
Amendment 88 #

2011/0308(COD)

Proposal for a directive
Article 37 – paragraph 1
1. Member States shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report onto prepare, have audited and make public, as part of their annual financial statements, payments made to governments on an annual basis.
2012/04/25
Committee: ECON
Amendment 107 #

2011/0308(COD)

Proposal for a directive
Article 38 – paragraph 1 – point c
(c) where those payments have been attributed to a specific project exceeding 50000 Euros, of a large undertaking or of a public interest entity active in the extractive or forestry industries, the amount per type of payment, including payments in kind, made for each such project within a financial year, and the total amount of payments for each such project. For the purpose of project reporting, ‘undertaking active in the extractive industry’ means an undertaking with any activity involving the exploration, discovery, prospection, development, and extraction of minerals, oil and natural gas deposits, as referred to in Section B- Divisions 05 to 08 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council, and ‘undertaking active in the logging of primary forests’ means an undertaking with activities as referred to in Section A- Division 2.2 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council, in primary forests.
2012/04/25
Committee: ECON
Amendment 110 #

2011/0308(COD)

Proposal for a directive
Article 38 – paragraph 1 – point c a (new)
(ca) the following: 1. turnover, both third party and intra- group, of the constituent entities that might give rise to payments being due, 2. quantities produced, sold or exchanged, 3. profit before tax, 4. total number of people employed and their aggregate remuneration, 5. expenditure on fixed asset investment during the course of the period.
2012/04/25
Committee: ECON
Amendment 128 #

2011/0308(COD)

Proposal for a directive
Article 38 – paragraph 2 – point b
(b) taxes on profits; and the effective tax rate applied;
2012/04/25
Committee: ECON
Amendment 135 #

2011/0308(COD)

Proposal for a directive
Article 38 – paragraph 2 – point c
(c) royalties and the effective tax rate applied;
2012/04/25
Committee: ECON
Amendment 149 #

2011/0308(COD)

Proposal for a directive
Article 38 – paragraph 3
3. Where payments in kind are made to a government, they shall be reported in value orand in volume. Where they are reported in terms of value, supporting notes shall be provided to explain how their value has been determined.
2012/04/25
Committee: ECON
Amendment 152 #

2011/0308(COD)

Proposal for a directive
Article 38 – paragraph 3 a (new)
3a. The report shall further specify: (a) All those Governments to which the undertaking might make payment (b) A list of those constituent entities of the undertaking that might make payment as defined in this Article to each Government whether or not such payments do actually arise (c) A list of projects that might make payment as defined in this Article to each Government whether or not such payments do actually arise.
2012/04/25
Committee: ECON
Amendment 154 #

2011/0308(COD)

Proposal for a directive
Article 38 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 42 in order to specify the concept of materiality of payments.
2012/04/25
Committee: ECON
Amendment 158 #

2011/0308(COD)

Proposal for a directive
Article 38 – paragraph 5
5. The report shall exclude any type of payments made to a government in a country where the public disclosure of this type of payment is clearly prohibited by the criminal legislation of that country. In such cases the undertaking shall state that it has not reported payments in accordance with paragraphs 1 to 3, and shall disclose the name of the government concerned.deleted
2012/04/25
Committee: ECON
Amendment 166 #

2011/0308(COD)

Proposal for a directive
Article 39 – paragraph 1
1. A Member State shall require any large undertaking or any public interest entity active in the extractive industry or the logging of primary forests and governed by its national law to draw up a consolidated report on payments to governments in accordance with Articles 37 and 38 if that parent undertaking is under the obligation to prepare consolidated financial statements as laid down in Article 23(1) to 23(6) of this Directive.
2012/04/25
Committee: ECON
Amendment 173 #

2011/0308(COD)

Proposal for a directive
Article 39 – paragraph 3 – introductory part
3. An undertaking need not be included in a consolidated report on payments to government where at least one of the following conditions is fulfilled, provided that the financial statements of the constituent entity making the payment are also excluded from the consolidated financial statements for the period to which the report relates, but not otherwise:
2012/04/25
Committee: ECON
Amendment 179 #

2011/0308(COD)

Proposal for a directive
Article 40 – paragraph 1
The report referred to in Article 37 and the consolidated report referred to in Article 39 on payments to governments shall be published as laid down by the laws of each Member State in accordance with Chapter 2 of Directive 2009/101/EC. In addition, ESMA shall compile the data for public access on the basis of the public reports referred to in Article 37 and Article 39. The information will be available online and electronically tagged by key analytical categories.
2012/04/25
Committee: ECON
Amendment 9 #

2011/0307(COD)

Proposal for a directive
Recital 7 a (new)
(7a) For issuers active in the extractive or logging of primary forest industries the report on payments to governments should include more detailed information provided the payments are material to the recipient government as defined in Chapter 9 of Directive 2011/.../EU of the European Parliament and of the Council. The reports should include types of payments comparable to those disclosed under the Extractive Industries Transparency Initiative (EITI) and provide civil society with information to hold governments of resource-rich countries to account for their receipts from the exploitation of natural resources. The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade)1 and the Timber Regulation2 which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU market. _______________ 1 http://eur- lex.europa.eu/LexUriServ/LexUriServ.do? uri=OJ:L:2005:347:0001:0006:EN:PDF 2 Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010. Companies that import wood products under EU voluntary agreements will be exempt from this requirement.
2012/04/27
Committee: ECON
Amendment 13 #

2011/0307(COD)

Proposal for a directive
Recital 7
(7) In order to provide for enhanced transparency of payments made to governments, issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate. The report should include types of payments comparable to those disclosed under the Extractive Industries Transparency Initiative (EITI) and provide civil society with information to hold governments of resource-rich countri and certain contextual information. The disclosure of these data aims at enabling inves to account for their receipts from the exploitation of natural resources. The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU marketrs to make better-informed decisions, improving corporate governance and accountability and contributing to containing tax evasion. The detailed requirements are defined in Chapter 9 of Directive 2011/.../EU of the European Parliament and of the Council.
2012/04/27
Committee: ECON
Amendment 36 #

2011/0307(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2004/109/EC
Article 6
Member States shall require issuers active in the extractive or logging of primary forest industries, as defined in […] to prepare, in accordance with Chapter 9 of Directive 2011/.../EU of the European Parliament and of the Council (*), a report on payments made to governments on an annual basis. The report shall be made public at the latest six months after the end of each financial year and shall remain publicly available for at least five years. Payments to governments shall be reported at consolidated level.
2012/04/27
Committee: ECON
Amendment 218 #

2011/0298(COD)

Proposal for a directive
Recital 4
(4) The financial crisis has exposed weaknesses in the functioning and in the transparency of financial markets. The evolution of financial markets have exposed the need to strengthen the framework for the regulation of markets in financial instruments in order to increase transparency, better protect investors, reinforce confidence, reduceensure there are no unregulated areas, ensure that supervisors are granted adequate powers to fulfil their tasks.
2012/05/15
Committee: ECON
Amendment 223 #

2011/0298(COD)

Proposal for a directive
Recital 9
(9) A range of fraudulent practices have occurred in spot secondary markets in emission allowances (EUA) which could undermine trust in the emissions trading schemes, set up by Directive 2003/87/EC, and measures are being taken to strengthen the system of EUA registries and conditions for opening an account to trade EUAs. In order to reinforce the integrity and safeguard the efficient functioning of those markets, including comprehensive supervision of trading activity, it is appropriate to complement measures taken under Directive 2003/87/EC by bringing emission allowances fully into the scope of this Directive and of Regulation ----/-- [Market Abuse Regulation], by classifying them as financial instruments.
2012/05/15
Committee: ECON
Amendment 241 #

2011/0298(COD)

Proposal for a directive
Recital 14
(14) Persons administering their own assets and undertakings, who do not provide investment services and/or perform investment activities other than dealing on own account should not be covered by the scope of this Directive unless they are market makers, members or participants of a regulated market or MTF, or they are engaged in algorithmic trading, or they execute orders from clients by dealing on own account. By way of exception, persons who deal on own account in financial instruments as members or participants of a regulated market or MTF, including as market makers in relation to commodity derivatives, emission allowances, or derivatives thereof, as an ancillary activity to their main business, which on a group basis is neither the provision of investment services within the meaning of this Directive nor of banking services within the meaning of Directive 2006/48/EC, should not be covered by the scope of this Directive. Technical criteria for when an activity is ancillary to such a main business should be clarified in delegated acts. Dealing on own account by executing client orders should include firms executing orders from different clients by matching them on a matched principal basis (back to back trading), which should be regarded as acting as principals and should be subject to the provisions of this Directive covering both the execution of orders on behalf of clients and dealing on own account. The execution of orders in financial instruments as an ancillary activity between two persons whose main business, on a group basis, is neither the provision of investment services within the meaning of this Directive nor of banking services within the meaning of Directive 2006/48/EC should not be considered as dealing on own account by executing client orders.
2012/05/15
Committee: ECON
Amendment 249 #

2011/0298(COD)

Proposal for a directive
Recital 32
(32) Directive 2007/44/EC of the European Parliament and of the Council of 5 September 2007 amending Council Directive 92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the prudential assessment of acquisitions and increase of holdings in the financial sector has provided for detailed criteria for the prudential assessment of proposed acquisitions in an investment firm and for a procedure for their application. In order to provide legal certainty, clarity and predictability with regard to the assessment process, as well as to the result thereof, it is appropriate to confirm the criteria and the process of prudential assessment laid down in Directive 2007/44/EC. In particular, competent authorities should appraise the suitability of the proposed acquirer and the financial soundness of the proposed acquisition against all of the following criteria: the reputation of the proposed acquirer; the reputation and experience of any person who will direct the business of the investment firm; the financial soundness of the proposed acquirer; whether the investment firm will be able to comply with the prudential requirements based on this Directive and other Directives, notably, Directives 2002/87/EC and 2006/49/EC ; whether the acquisition will create conflicts interests; whether there are reasonable grounds to suspect that money laundering or terrorist financing within the meaning of Article 1 of Directive 2005/60/EC is being or has been committed or attempted, or that the proposed acquisition could increase the risk thereof.
2012/05/15
Committee: ECON
Amendment 258 #

2011/0298(COD)

Proposal for a directive
Recital 46
(46) The use of trading technology has increased the speed, capacity and complexity of how investors trade. It has also enabled market participants to facilitate direct access by their clients to markets through the use of their trading facilities, through direct electronic access or sponsored and direct market access. TradHFT brings technology has provided benefits to the market and market participants generally such as wider participation in markets, increased liquidity, narrower spreads, reduced short term volatility and the means to obtain better executionrading volume to markets but very little executable liquidity, as quotes rest for milliseconds only in the order book and cancellation rates are extremely high. Slightly tighter spreads do not compensate for lack of depth, resting time of orders for clients. Yet,inventory. There is evidence that this trading technology also gives rise to a number of potential risks such as an increased risk of the overloading of the systems of trading venues due to large volumes of orders, risks of algorithmic trading generating duplicative or erroneous orders or otherwise malfunctioning in a way that may create a disorderly market. In particular there is evidence that high- frequency trading technology, in providing an information advantage to its users, may have contributed to the increased use of dark liquidity pools by institutional investors, such as pension funds, seeking to avoid potential negative impact on execution prices when their orders are detected by high-frequency traders. In addition there is the risk of algorithmic trading systems overreacting to other market events which can exacerbate volatility if there is a pre-existing market problem. In addition HFT profits made in this way come at the expense of other investors such as pension savers. Finally, algorithmic trading or high frequency can lend itself to certain forms of abusive behaviour if misused. Such risks imply high costs of infrastructure and surveillance associated with HFT.
2012/05/15
Committee: ECON
Amendment 266 #

2011/0298(COD)

Proposal for a directive
Recital 47
(47) These potential risks from increased use of technology are best mitigated by a combination of specific risk controls directed at firms who engage in algorithmic or high frequency trading and other measures directed at operators of trading venues that are accessed by such firms. It is desirable to ensure that all high frequency trading firms be authorised when they are a direct member of a trading venue. It is also necessary to be able to clearly identify order flows coming from automated trading. This should ensure they are subject to organisational requirements under the Directive and are properly supervised.
2012/05/15
Committee: ECON
Amendment 271 #

2011/0298(COD)

Proposal for a directive
Recital 48
(48) Both firms and trading venues should ensure robust measures are in place to ensure that automated trading does not create a disorderly market and cannot be used for abusive purposes and that automated trading technology is thoroughly tested before access is granted to a venue. Trading venues should also ensure their trading systems are resilient and properly tested to deal with increased order flows or market stresses and that circuit breakers are in place to temporarily halt trading consistently on all trading venues if there are sudden unexpected price movements. Trading venues should not offer privileged access to information to operators of automated trading as this gives them an unfair advantage over other participants in the market.
2012/05/15
Committee: ECON
Amendment 272 #

2011/0298(COD)

Proposal for a directive
Recital 48 a (new)
(48a) Trading strategies that generate very large numbers of orders most of which are cancelled or closed out by the end of the day may take up a significant portion of the trading system capacity while providing little effective liquidty to other market participants. It is therefore necessary to ensure that the fee structures of trading venues are transparent, non- discriminatory and fair and that they are structured in such a way as to promote that costs of infrastructure are passed on to clients proportionally to their use of trading system capacity and orderly trading conditions in markets. It is therefore appropriate to ensure that higher fees apply to practices involving high messaging or cancellation rates relative to effective trades which could create such disorderly conditions.
2012/05/15
Committee: ECON
Amendment 274 #

2011/0298(COD)

Proposal for a directive
Recital 49
(49) In addition to measures relating to algorithmic and high frequency trading it is appropriate to include controls relating to investment firms providing direct electronic access to markets for clients as electronic trading can be carried out via a firm providing electronic market access and many similar risks. It is also appropriate that firms providing direct electronic access ensure that persons using this service are properly qualified and that risk controls are imposed on the use of the service. It is appropriate that detailed organisational requirements regarding these new forms of trading should be prescribed in more detail in delegated acts. This should ensure that requirements may be amended where necessary to deal with further innovation and developments in this areaban direct electronic access to markets for clients.
2012/05/15
Committee: ECON
Amendment 281 #

2011/0298(COD)

Proposal for a directive
Recital 50
(50) There is a multitude of trading venues currently operating in the EU, among which a number are trading identical instruments. In order to address potential risks to the interests of investors it is necessary to formalise and further harmonise the processes on the consequences for trading on other venues if one trading venue decides to suspend or remove a financial instrument from trading. In the interest of legal certainty and to adequately address conflicts of interests when deciding to suspend or to remove instruments from trading, it should be ensured that if one regulated market or MTF stops trading due to non disclosure of information about an issuer or financial instrument, the others follow that decision unless continuing trading may be justified due to exceptional circumstances. In addition, it is necessary to formalise and improve the exchange of information and the cooperation of trading venues in cases of exceptional conditions in relation to a particular instrument that is traded on various venues.
2012/05/15
Committee: ECON
Amendment 310 #

2011/0298(COD)

Proposal for a directive
Recital 60
(60) Information provided by investment firms to clients in relation to their order execution policies often are generic and standard and do not allow clients to understand how an order will be executed and to verify firms' compliance with their obligation to execute orders on term most favourable to their clients. In order to enhance investor protection it is appropriate to specify the principles concerning the information given by investment firms to their clients on the order execution policies and to require firms to make public, on an annual monthly basis, for each class of financial instruments, the top five execution venues where they executed client orders in the preceding year and a detailed analysis of the quality of execution.
2012/05/15
Committee: ECON
Amendment 311 #

2011/0298(COD)

Proposal for a directive
Recital 61
(61) When establishing the business relationship with the client the investment firm might ask the client or potential client to consent at the same time to the execution policy as well as to the possibility that his orders may be executed outside a regulated market MTF , OTF or systematic internaliser .deleted
2012/05/15
Committee: ECON
Amendment 324 #

2011/0298(COD)

Proposal for a directive
Recital 73
(73) The provision of services to retail clients should always require the establishment of a branchsubsidiary in the Union. The establishment of the branch to provide services to professional clients shall be subject to authorisation and supervision in the Union. Proper cooperation arrangements should be in place between the competent authority concerned and the competent authority in the third country. Sufficient initial capital should be at free disposal of the branch. Once authorised the branch should be subject to supervision in the Member State where the branch is established; the third country firm should be able to provide services in other Member States through the authorised and supervised branch, subject to a notification procedure. The provision of services without branches should be limited to eligible counterparties. It should be subject to registration by ESMA and to supervision in the third country. Proper cooperation arrangements should be in place between ESMA and the competent authorities in the third country.
2012/05/15
Committee: ECON
Amendment 337 #

2011/0298(COD)

Proposal for a directive
Recital 78
(78) The introduction of a commercial solution for a consolidated tape for equities should contribute to creating a more integrated European market and make it easier for market participants to gain access to a consolidated view of trade transparency information that is available. The envisaged solution is based on an authorisation of providers working along pre-defined and supervised parameters which are in competition with each other in order to achieve technically highly sophisticated and innovative solutions, serving the market to the greatest extent possible. In case commercial solutions fail to provide an effective consolidated tape for equities, the European Commission should bring forward a public solution for a consolidated tape for equities able to achieve effective post-trade transparency.
2012/05/15
Committee: ECON
Amendment 344 #

2011/0298(COD)

Proposal for a directive
Recital 84
(84) The powers made available to competent authorities should be complemented with explicit powers to demandobtain information on a regular basis from any person regarding the size and purpose of a position in derivatives contracts related to commodities and to request the person to take steps to reduce the size of the position in the derivative contracts.
2012/05/15
Committee: ECON
Amendment 347 #

2011/0298(COD)

Proposal for a directive
Recital 85
(85) Explicit powers should be granted to competent authorities to limit the ability of any person or class of persons from entering into a derivative contract in relation to a commodity. The application of a limit should be possible both in the case of individual transactions and positions built up over time. In the latter case in particular, the competent authority should ensure that these position limits are non- discriminatory, clearly spelled out, take due account of the specificity of the market in question, and are necessary to secure the integrity and orderly functioning of the market, as well as to eliminate excessive speculation.
2012/05/15
Committee: ECON
Amendment 349 #

2011/0298(COD)

Proposal for a directive
Recital 86
(86) All venues which offer trading in commodity derivatives should have in place appropriate limits orand suitable alternativedditional arrangements designed to support liquidity, prevent market abuse, and ensure the orderly pricinge discovery function and settlement conditions as well as to eliminate excessive speculation. ESMA should maintain and publish a list containing summaries of all such measures in force. These limits orand arrangements should be applied in a consistent manner and take account of the specific characteristics of the market in question. They should be clearly spelled out as regards to whom they apply and any exemptions thereto, as well as to the relevant quantitative and qualitative thresholds which constitute the limits or which may trigger other obligations. The Commission should be empowered to adopt delegated actregulatory technical standards, including with a view to avoiding any divergent effects of the limits orand arrangements applicable to comparable contracts on different venues.
2012/05/15
Committee: ECON
Amendment 350 #

2011/0298(COD)

Proposal for a directive
Recital 87
(87) Venues where the most liquid commodity derivatives are traded should publish an aggregated weekly breakdown of the positions held by different types of market participants, including the clients of those not trading on their own behalf. A comprehensive and detailed breakdown both by the type and identity of the market participant should be made availablenotified to the competent authority upon requeston a regular basis.
2012/05/15
Committee: ECON
Amendment 353 #

2011/0298(COD)

Proposal for a directive
Recital 88
(88) Considering the communiqué of G20 finance ministers and central bank governors of 15 April 2011 on ensuring that participants on commodity derivatives markets should be subject to appropriate regulation and supervision, the exemptions from Directive 2004/39/EC.for various participants active in commodity derivative markets should be modified to ensure that activities by firms, which are not part of a financial group, involving the hedging of production-related and other risks as well as the provision of investment services in commodity or exotic derivatives on an ancillary basis to clients of the main business remain exempt if the size or the impact of this activity is not significant on that market, but that firms specialising in trading commodities and commodity derivatives are brought within this Directive.
2012/05/15
Committee: ECON
Amendment 364 #

2011/0298(COD)

Proposal for a directive
Recital 113
(113) The establishment of a consolidated tape for non-equity instruments is deemed to be more difficult to implement than the consolidated tape for equity instruments and potential providers should be able to to gain experience with the latter before constructing it. In order to facilitate the proper establishment of the consolidated tape for non-equity financial instruments, it is therefore appropriate to provide for an extended date of application of the national measures transposing the relevant provision. In case commercial solutions fail to provide an effective consolidated tape for non-equity instruments, the European Commission should bring forward a public solution for a consolidated tape for non-equity instruments able to achieve effective post- trade transparency.
2012/05/15
Committee: ECON
Amendment 376 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – introductory part
1. TWithout prejudice to the reporting obligation referred to in Title IV, this Directive shall not apply to:
2012/05/15
Committee: ECON
Amendment 381 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point d – point ii
(ii) are a member of or a participant in a regulated market or MTF or have a direct electronic access in a regulated market or MTF; or
2012/05/15
Committee: ECON
Amendment 386 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point d – point ii a (new)
(iia) deal on own account by using algorithmic trading; or
2012/05/15
Committee: ECON
Amendment 388 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point d – point iii
(iii) deal on own account bywhen executing client orders; or
2012/05/15
Committee: ECON
Amendment 390 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point d – point iii a (new)
(iiia) are not operators with compliance obligations under Directive 2003/87/EC (Emission Trading Scheme) in the case of emmission allowances;
2012/05/15
Committee: ECON
Amendment 392 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point d – subparagraph 2
This exemption does not apply to persons exempt under Article 2(1)(i) who deal on own account in financial instruments as members or participants of a regulated market or MTF, including as market makers in relation to commodity derivatives, emission allowances, or derivatives thereof;deleted
2012/05/15
Committee: ECON
Amendment 401 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point i – indent 1
– deal on own account in financial instruments, excluding persons who deal on own account bywhen executing client orders, or by using algorithmic trading, or
2012/05/15
Committee: ECON
Amendment 405 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point i – indent 2 a (new)
– deal on own account in emission allowances, excluding persons who are not operators with compliance obligations under Directive 2003/87/EC (Emission Trading Scheme);
2012/05/15
Committee: ECON
Amendment 406 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point i – indent 3
– provide investment services, other than dealing on own account, in commodity derivatives or derivative contracts included in Annex I, Section C 10 or emission allowances or derivatives thereof to the clients of their main business, to the extent that the transactions involved in the investment services provided are directly related to the hedging of its main commercial business and physical activity,
2012/05/15
Committee: ECON
Amendment 408 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point i – subparagraph 2
provided that in all cases this is an ancillary activity to their main business, when considered on a group basis, and that the size and characteristics of the ancilliary business does not represent a significant proportion or has a significant impact in the market in which it operates, and that main business is not the provision of investment services within the meaning of this Directive or banking services under Directive 2006/48/EC ;
2012/05/15
Committee: ECON
Amendment 422 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 1
The Commission shall adopt delegated acts in accordance with Article 94ESMA shall submit draft regulatory technical standards to the Commission concerning measures in respect of exemptions (c) and (i), to clarifying when an activity is to be considered as ancillary to the main business on a group level and specifiying a threshold determining the market proportion and impact that shall be considered significant as well as for determining when an activity is provided in an incidental manner.
2012/05/15
Committee: ECON
Amendment 426 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2 – introductory part
The criteria for determining whether an activity is ancillary to the main business and that the size and characteristics of the ancillary business does not represent a significant proportion or has a significant impact in the market in which it operates shall take into account at least the following elements:
2012/05/15
Committee: ECON
Amendment 435 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2 – indent 2 a (new)
– the market share on the specific market and the size of positions held.
2012/05/15
Committee: ECON
Amendment 440 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2 a and 2b (new)
ESMA shall submit those draft regulatory technical standards to the Commission by [31 December 2012]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
2012/05/15
Committee: ECON
Amendment 447 #

2011/0298(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – indent 3 – point v – point i
(i) conditions and procedures for authorisation and on-going supervision as established in Article 5 (1) and (3), Articles 7, 8, 9, 10, 21, 22 and 223 and the respective implementing measures adopted by the Commission by means of delegated acts in accordance with Article 94;
2012/05/15
Committee: ECON
Amendment 448 #

2011/0298(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – indent 3 – point v – point ii a (new)
(iia) organisation requirements as established in Article 16 (3) and the respective implementing measures adopted by the Commission by means of delegated acts in accordance with Article 94.
2012/05/15
Committee: ECON
Amendment 451 #

2011/0298(COD)

Proposal for a directive
Article 3 – paragraph 3 a (new)
3a. These national regimes may allow the competent authorities to delegate administrative, preparatory or ancillary tasks related to the granting of an authorisation, the review of the conditions for initial authorisation and the regular monitoring of operational requirements mentioned in Articles 5, 21 and 22, in accordance with the conditions laid down in Article 69(2).
2012/05/15
Committee: ECON
Amendment 452 #

2011/0298(COD)

Proposal for a directive
Article 4 – paragraph 2 – point 1 – paragraph 1
1) ‘Investment services and activities’ means any of the services and activities listed in Section A of Annex I relating to any of the instruments listed in Section C and Ca of Annex I;
2012/05/15
Committee: ECON
Amendment 459 #

2011/0298(COD)

Proposal for a directive
Article 4 – paragraph 2 – point 5
5) ‘Dealing on own account’ means trading against proprietary capital resulting in the conclusion of transactions in one or more financial instruments, including 'riskless principal trading' which consists in the execution of orders from different clients by matching them on a matched principal basis;
2012/05/15
Committee: ECON
Amendment 464 #

2011/0298(COD)

Proposal for a directive
Article 4 – paragraph 2 – point 14
14) ‘Financial instrument’ means those instruments specified in Section C of Annex I and CA of Annex I for the exclusive purpose of this Directive, the Regulation (EU) No .../... [MiFIR] and of the Regulation (EU) No .../... [Market Abuse Regulation] and the Directive (EU) No .../... [Market Abuse Directive];
2012/05/15
Committee: ECON
Amendment 474 #

2011/0298(COD)

Proposal for a directive
Article 4 – paragraph 2 – point 30 a (new)
30a) 'High-frequency trading' means a form of algorithmic trading whose profitability depends on the use of technology to be able to transmit, cancel or modify orders at intervals approaching the minimum physical latency of the mechanism for transmitting, cancelling or modifying orders;
2012/05/15
Committee: ECON
Amendment 479 #

2011/0298(COD)

Proposal for a directive
Article 4 – paragraph 2 – point 30 b (new)
30b) 'High frequency trading strategy' means an algorithmic trading strategy characterised by taking positions for short periods, using order handling systems with speeds close to minimal latency of a trade, as well as by infrastructure intended to minimise network and other types of latencies on a continuous basis and independent of order flow submitted to the investment firm by its clients. In particular, a high frequency algorithmic trading strategy as defined above, can contain one or more of the following elements: - order initiation, generating, routing and execution are determined by the system without human intervention for each individual trade or order; - a short time-frame for establishing and liquidating positions; - a high daily portfolio turnover; - a high order-to-trade ratio intraday; and - ending the trading day at or close to a flat position.
2012/05/15
Committee: ECON
Amendment 491 #

2011/0298(COD)

Proposal for a directive
Article 4 – paragraph 2 – point 33 a (new)
33a) 'Excessive speculation' for the purposes of this regulation is a trading activity in any asset under contracts of sale of such asset for future delivery made on or subject to the rules of trading venues or OTC markets with respect to a significant price discovery contract, causing or presenting a significant risk of causing volatility, distortions or unwarranted changes in the orderly price formation of such asset or causing price formation to diverge from fundamentals.
2012/05/15
Committee: ECON
Amendment 495 #

2011/0298(COD)

Proposal for a directive
Article 4 – paragraph 2 – point 33 b (new)
33b) A 'bona fide hedging transaction' means either: (a) a transaction or position that (i) represents a substitute for transactions made or to be made or positions taken or to be taken at a later time in a physical marketing channel; (ii) is economically appropriate to the reduction of risks in the conduct and management of a commercial firm; and (iii) arises from the potential change in the value of' – assets that a person owns, produces, manufactures, processes, or merchandises or anticipates owning, producing, manufacturing, processing, or merchandising; – liabilities that a person owns or anticipates incurring; or – services that a person provides, purchases, or anticipates providing or purchasing; or (b) a transaction or position that reduces risks attached to a position resulting from a derivative that (i) was executed opposite a counterparty for which the transaction would qualify as a bona fide hedging transaction pursuant to point (a); (ii) or meets the requirements of point (a).
2012/05/15
Committee: ECON
Amendment 500 #

2011/0298(COD)

Proposal for a directive
Article 4 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 94ESMA shall submit draft regulatory technical standards to the Commission concerning measures to specify some technical elements of the definitions laid down in paragraph 1 of this Article, inter alia to adjust them to market developments. ESMA shall submit drafts for those regulatory technical standards to the Commission by [31 December 2012]. Power is delagated to the Commission to adopt the regulatory technical standards referred to the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
2012/05/15
Committee: ECON
Amendment 521 #

2011/0298(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a – paragraph 2 – subparagraph 4 a (new)
Members of the management body shall not combine at the same time the executive directorship in an investment firm with the executive directorship in a regulated market, MTF or OTF, even within the same group.
2012/05/15
Committee: ECON
Amendment 543 #

2011/0298(COD)

Proposal for a directive
Article 9 – paragraph 6 – subparagraph 1 – point d a (new)
(da) ensure that the remuneration policy of the sales staff, in particular as regards variable remuneration, does not incentivise risky conduct of business and avoid conflicts of interest.
2012/05/15
Committee: ECON
Amendment 549 #

2011/0298(COD)

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 – point d a (new)
(da) whether the proposed acquisition increases the risk of conflicts of interest;
2012/05/15
Committee: ECON
Amendment 559 #

2011/0298(COD)

Proposal for a directive
Article 16 – paragraph 7 – subparagraph 1
Records shall include the recording of telephone conversations or electronic communications involving, at least, transactions concluded when dealing on own account and client orders when the services of reception and transmission of orders and execution of orders on behalf of clients are provided and orders on behalf of clients when the service of portfolio management is provided.
2012/05/15
Committee: ECON
Amendment 564 #

2011/0298(COD)

Proposal for a directive
Article 16 – paragraph 7 – subparagraph 2 a (new)
When telephone conversations between an investment firm and a retail client are not limited to the provision of investment services, Member States may choose to allow alternative arrangements of the same effect to records of telephone conversation between investment firm and retail client for transactions not exceeding 1000 EUR.
2012/05/15
Committee: ECON
Amendment 565 #

2011/0298(COD)

Proposal for a directive
Article 16 – paragraph 7 – subparagraph 2 b (new)
Relevant persons of the investment firm shall be allowed to undertake the conversations and communications referred to in subparagraph 1 only on equipment belonging to the investment firm and of which records are kept.
2012/05/15
Committee: ECON
Amendment 566 #

2011/0298(COD)

Proposal for a directive
Article 16 – paragraph 8 – subparagraph 2 a (new)
Member States shall not allow investment firms to enter into arrangements for securities financing transactions in respect of financial instruments held by them on behalf of a client, or otherwise use such financial instruments for their own account or the account of another client of the firm, unless the following conditions are met: (a) the client must have given his prior express consent to the use of the instruments on specified terms, as evidenced, in the case of a retail client, by his signature or equivalent alternative mechanism of a specific acceptation document; (b) the use of that client's financial instruments must be restricted to the specified terms to which the client consents and the clients shall be informed on a case-by-case basis each time its assets are used, (c) a major part of the income made on the use of client's instruments shall be reassigned to the client. An investment firm shall allow its clients to refuse on a case by case basis the use of their financial instruments.
2012/05/15
Committee: ECON
Amendment 576 #

2011/0298(COD)

Proposal for a directive
Article 17 – paragraph 1 a (new)
1a. Investment firms shall request authorisation from a regulated market, MTF or OTF when they wish to connect new or modified automated trading systems to the systems of that market. A new or modified system shall not be deployed for trading on a regulated market, MTF or OTF until and unless the market operator provides written approval in accordance with paragraph 3a of Article 51.
2012/05/15
Committee: ECON
Amendment 578 #

2011/0298(COD)

Proposal for a directive
Article 17 – paragraph 1 b (new)
1b. An investment firm that engages in algorithmic trading shall submit to its competent authority, promptly upon request by the authority, information about its algorithms, including source code, program design, as well as documentation of the systems and risk controls referred to in paragraph 1. Such firms shall also ensure that they are able to produce, promptly upon request by a trading venue or the competent authority, a detailed record of their daily quotation and trading activities.
2012/05/15
Committee: ECON
Amendment 595 #

2011/0298(COD)

Proposal for a directive
Article 17 – paragraph 3
3. An algorithmic trading strategy shall beinvestment firm engaging in algorithmic trading shall ensure that each high frequency algorithmic trading strategy it operates is in continuous operation during the trading hours of the trading venue to which it sends orders or through the systems of which it executes transactions. The trading parameters or limits of an high frequency algorithmic trading strategy shall ensure that the strategy posts firm quotes at competitive prices at all times with the result of providing liquidity on a regular and ongoing basis to these trading venues at all times, regardless of prevailing market conditions.
2012/05/15
Committee: ECON
Amendment 598 #

2011/0298(COD)

Proposal for a directive
Article 17 – paragraph 3 a (new)
3a. An investment firm that operates a high frequency trading strategy shall ensure that any position in a financial instrument bought or sold is maintained for at least 30 seconds.
2012/05/15
Committee: ECON
Amendment 601 #

2011/0298(COD)

Proposal for a directive
Article 17 – paragraph 4
4. An iInvestment firm that provides direct electronic access to a trading venue shall have in place effective systems and controls which ensure a proper assessment and review of the suitability of persons using the service, that persons using the service are prevented from exceeding appropriate pre set trading and credit thresholds, that trading by persons using the service is properly monitored and that appropriate risk controls prevent trading that may create risks to the investment firm itself or that could create or contribute to a disorderly market or be contrary to Regulation (EU) No [MAR] or the rules of the trading venue. The investment firm shall ensure that there is a binding written agreement between the firm and the person regarding the essential rights and obligations arising from the provision of the service and that under the agreement the firm retains responsibility for ensuring trading using that service complies with the requirements of this Directive, the Regulation (EU) No [MAR] and the rules of thes shall not provide direct electronic access to a trading venue.
2012/05/15
Committee: ECON
Amendment 632 #

2011/0298(COD)

Proposal for a directive
Article 19 – paragraph 2
2. Member States shall require that the rules mentioned in Article 18(43) governing access to an MTF comply with the conditions established in Article 55(3).
2012/05/15
Committee: ECON
Amendment 633 #

2011/0298(COD)

Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1 a (new)
Member States shall require that rules governing access ensure that the MTF remains an effective multilateral system, which brings together a significant number of multiple third-party buying and selling interests in financial instruments.
2012/05/15
Committee: ECON
Amendment 635 #

2011/0298(COD)

Proposal for a directive
Article 19 – paragraph 3
3. Member States shall require that investment firms or market operators operating an MTF to have arrangements to identify clearly and manage the potential adverse consequences, for the operation of the MTF or for its participants, of any conflict of interest between the interest of the MTF, its owners or its operator and the sound functioning of the MTF to comply with the conditions established in Articles 48, 49, and 50.
2012/05/15
Committee: ECON
Amendment 639 #

2011/0298(COD)

Proposal for a directive
Article 19 – paragraph 5 a (new)
5a. ESMA shall develop draft regulatory technical standards to determine criteria that demonstrate the effectiveness of a multilateral system. ESMA shall submit those draft regulatory technical standards to the Commission by […]*. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 10 to 14 of Regulation (EU) No 1095/2010. ______________ *OJ please insert date: …
2012/05/15
Committee: ECON
Amendment 648 #

2011/0298(COD)

Proposal for a directive
Article 20 – paragraph 1
1. Member States shall require that investment firms and market operators operating an OTFs establish arrangements preventing the execution of client orders in an OTF against the proprietary capital of the investment firm or market operator operating the OTF. The investment firm shall not act as a systematic internaliser in an OTF operated by itself or from any entity part of the same corporate group and/ or legal entity as the investment firm and/ or market operator. The investment firm or market operator or any entity part of the same corporate group and/ or legal entity as the investment firm and/ or market operator shall not act as a systematic internaliser in an OTF operated by itself and an OTF shall not connect with a systematic internaliser in a way which enables orders in an OTF and orders or quotes in a SI to interact. An OTF shall not connect with another OTF in a way which enables orders in different OTFs to interact.
2012/05/15
Committee: ECON
Amendment 657 #

2011/0298(COD)

Proposal for a directive
Article 20 – paragraph 2
2. A request for authorisation as an OTF shall include a detailed explanation why the system does not correspond to and cannot operate as either a regulated market, MTF, or systematic internaliser. This explanation shall be transmitted to ESMA. ESMA shall within one month issue an opinion on whether it considers the explanation demonstrates that the system does not correspond to and cannot operate as either a regulated market, MTF, or systematic internaliser.
2012/05/15
Committee: ECON
Amendment 658 #

2011/0298(COD)

Proposal for a directive
Article 20 – paragraph 2 a (new)
2 a. After receiving the opinion of ESMA, the home Member State of the OTF shall only grant the authorisation to operate an OTF where the explanation given demonstrates that the system does not correspond to and cannot operate as either a regulated market, MTF, or systematic internaliser.
2012/05/15
Committee: ECON
Amendment 659 #

2011/0298(COD)

Proposal for a directive
Article 20 – paragraph 2 b (new)
2 b. Where a competent authority disagrees with the assessment of the home Member State of the OTF that the system does not correspond to and cannot operate as either a regulated market, MTF, or systematic internaliser, that competent authority may refer the matter back to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010.
2012/05/15
Committee: ECON
Amendment 660 #

2011/0298(COD)

Proposal for a directive
Article 20 – paragraph 3 a (new)
3 a. When a financial instrument is available on a regulated market or MTF, Member States shall ensure that OTFs are only authorised to execute large in scale orders from eligible counterparties of that particular financial instrument.
2012/05/15
Committee: ECON
Amendment 664 #

2011/0298(COD)

Proposal for a directive
Article 20 – paragraph 4 a (new)
4 a. Where an OTF executes an equivalent volume of transactions as competing MTFs or regulated markets on the same financial instruments or a significant volume of transactions executed in that financial instrument, Member States shall require that that OTF complies with all the requirements of an MTF.
2012/05/15
Committee: ECON
Amendment 844 #

2011/0298(COD)

Proposal for a directive
Article 27 – paragraph 1
1. Member States shall require that investment firms take all reasonableobtain, when executing orders, the best possible price. Nevertheless, whenever there is a specific instruction from the client the investment firm shall take all necessary steps to obtain, when executing orders, the best possible result for their clients, taking into account price, costs, speed, likelihood of execution and settlement, size, nature or any other consideration relevant to the execution of the order. Nevertheless, whenever there is a specific instruction from the client the investment firm shall execute the order following, taking into consideration the specific instruction.
2012/05/15
Committee: ECON
Amendment 847 #

2011/0298(COD)

Proposal for a directive
Article 27 – paragraph 3 a (new)
3 a. An investment firm shall not receive any remuneration or advantage to route orders to a particular venue or any other trading arrangements and shall not put in place any arrangement which results in routing flows on a systematic basis to some venues or any other trading arrangements.
2012/05/15
Committee: ECON
Amendment 848 #

2011/0298(COD)

Proposal for a directive
Article 27 – paragraph 4 – subparagraph 3
Member States shall require that, where the order execution policy provides for the possibility that client orders may be executed outside a regulated market, MTF or OTF , the investment firm shall, in particular, inform its clients about this possibility. Member States shall require that investment firms obtain the prior express consent of their clients before proceeding to execute their orders outside a regulated market MTF or OTF or an MTF. Investment firms mayshall obtain this consent either in the form of a general agreement or in respect of individual transactionin respect of individual transactions. When executing orders outside of a regulated market or a MTF, an investment firm shall obtain the best possible price for their clients.
2012/05/15
Committee: ECON
Amendment 850 #

2011/0298(COD)

Proposal for a directive
Article 27 – paragraph 5 – subparagraph 1
Member States shall require investment firms to monitor the effectiveness of their order execution arrangements and execution policy in order to identify and, where appropriate, correct any deficiencies and transmit the result of this monitoring to the competent authority at least every three months. In particular, they shall assess, on a regular basis, whether the execution venues included in the order execution policy provide for the best possible result for the client or whether they need to make changes to their execution arrangements. Member States shall require investment firms to notify clients of any material changes to their order execution arrangements or execution policy. Member States shall withdraw the authorisation of investment firms which order execution policy fails to ensure the best possible result for their clients on a regular and highly significant basis when executing orders outside of a regulated market or MTF.
2012/05/15
Committee: ECON
Amendment 852 #

2011/0298(COD)

Proposal for a directive
Article 27 – paragraph 5 – subparagraph 2
Member States shall require investment firms to summarize and make public on an annualmonthly basis, for each class of financial instruments, the top five execution venues where they executed client orders in the preceding year. These summaries shall include the criteria for the selection of venues and detail the effectiveness of their order execution arrangements and execution policy to ensure best execution to their clients.
2012/05/15
Committee: ECON
Amendment 855 #

2011/0298(COD)

Proposal for a directive
Article 27 – paragraph 6
6. Member States shall require investment firms to be able to demonstrate to their clients, at their request, that they have executed their orders in accordance with the firm's execution policy and in accordance with this Directive. Investment firms shall, on request of a client, disclose to its client the identity of the venue to which the client's orders were routed for execution in the six months prior to the request, and the time of the transactions, if any, that resulted from such orders and the price and size of other transactions executed during the same period.
2012/05/15
Committee: ECON
Amendment 880 #

2011/0298(COD)

Proposal for a directive
Article 31 – paragraph 1
1. Member States shall require that investment firms and market operators operating an MTF or OTF establish and maintain effective arrangements and procedures, relevant to the MTF or OTF, for the regular monitoring of the compliance by its users or clients with their rules. Investment firms and market operators operating an MTF or an OTF shall monitor the transactions undertaken by their users or clients under their systems in order to identify breaches of those rules, disorderly trading conditions or conduct that may involve market abuse. Member States shall ensure that market operators operating an MTF or an OTF have sufficient resources in place to ensure an effective monitoring.
2012/05/15
Committee: ECON
Amendment 884 #

2011/0298(COD)

Proposal for a directive
Article 31 – paragraph 2 a (new)
2 a. ESMA shall develop draft regulatory technical standards to determine the resources that have to be put in place to ensure an effective monitoring of a MTF or OTF. ESMA shall submit those draft regulatory technical standards to the Commission by […]*. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 10 to 14 of Regulation (EU) No 1095/2010. _____________ *OJ please insert date: …
2012/05/15
Committee: ECON
Amendment 885 #

2011/0298(COD)

Proposal for a directive
Article 32 – title
Suspension and removal of instruments from trading on an MTF or an OTF
2012/05/15
Committee: ECON
Amendment 887 #

2011/0298(COD)

Proposal for a directive
Article 32 – paragraph 1
1. Without prejudice to the right of the competent authority under Article 72(1)(d) and (e) to demand suspension or removal of an instrument from trading, the operator of a regulated market, an MTF or an OTF may suspend or remove from trading a financial instrument which no longer complies with the rules of the regulated market, the MTF, or OTF unless such a step would be likely to cause significant damage to the investors' interests or the orderly functioning of the market. Member States shall require that an investment firm or a market operator operating an M regulated market, an MTF, or an OTF that suspends or removes from trading a financial instrument makes public this decision, communicates it to regulated markets, other MTFs and OTFs trading the same financial instrument and communicates relevant information to the competent authority. The competent authority shall inform the competent authorities of the other Member States. Member States shall require that other regulated markets, MTFs and OTFs trading the same financial instrument shall also suspend or remove that financial instrument from trading where the suspension or removal is due to the non-disclosure of information about the issuer or financial instrument except where this could cause significant damage to the investors' interests or the orderly functioning of the marketWhere the suspension or removal is due to the non-disclosure of information about the issuer or financial instrument, the relevant competent authority as defined in point (7) of Article 2 of Commission Regulation (EC) No 1287/2006 shall require that other regulated markets, MTFs and OTFs or any other trading arrangement trading the same financial instrument shall also suspend or remove immediately that financial instrument from trading. Member States shall require the other regulated markets, MTFs and OTFs to communicate their decision to their competent authority and all regulated markets, MTFs and OTFs trading the same financial instrument, including an explanation if the decision was not to suspend or remove the financial instrument from trading.
2012/05/15
Committee: ECON
Amendment 921 #

2011/0298(COD)

Proposal for a directive
Article 41 – paragraph 1 – introductory part
1. Member States shall require that a third country firm intending to provide investment services or activities together with any ancillary services in their territory through a branch to professional clients acquire a prior authorisation by the competent authorities of those Member StatesESMA in accordance with the following provisions:
2012/05/15
Committee: ECON
Amendment 932 #

2011/0298(COD)

Proposal for a directive
Article 41 – paragraph 2
2. Member States shall require that a third country firm intending to provide investment services or activities together with any ancillary services to retail clients in those Member States' territory shall establish a branchsubsidiary company in the Union.
2012/05/15
Committee: ECON
Amendment 941 #

2011/0298(COD)

Proposal for a directive
Article 41 – paragraph 3 – subparagraph 2 – point d a (new)
(d a) the third country applies reciprocal access conditions for EU-based investment firms and a mutual recognition regime has been implemented in that third country.
2012/05/15
Committee: ECON
Amendment 975 #

2011/0298(COD)

Proposal for a directive
Article 49 – title
Requirements relating to persons exercising significant influence over the management of thea regulated market, a MTF or an OTF
2012/05/15
Committee: ECON
Amendment 976 #

2011/0298(COD)

Proposal for a directive
Article 49 – paragraph 1
1. Member States shall require the persons who are in a position to exercise, directly or indirectly, significant influence over the management of thea regulated market, a MTF, or an OTF to be suitable.
2012/05/15
Committee: ECON
Amendment 977 #

2011/0298(COD)

Proposal for a directive
Article 49 – paragraph 2 – introductory part
2. Member States shall require the operator of thea regulated market, a MTF or an OTF:
2012/05/15
Committee: ECON
Amendment 978 #

2011/0298(COD)

Proposal for a directive
Article 49 – paragraph 2 – point a
(a) to provide the competent authority with, and to make public, information regarding the ownership of the regulated market and/or the market operator of a MTF or an OTF, and in particular, the identity and scale of interests of any parties in a position to exercise significant influence over the management;
2012/05/15
Committee: ECON
Amendment 979 #

2011/0298(COD)

Proposal for a directive
Article 49 – paragraph 2 a (new)
2a. Member States shall require that market members and significant market participants shall not be in a position to exercise, directly or indirectly, significant influence over the management of the regulated market or MTF.
2012/05/15
Committee: ECON
Amendment 980 #

2011/0298(COD)

Proposal for a directive
Article 49 – paragraph 2 b (new)
2b. Member States shall require that market members and significant market participants of a regulated market or an MTF shall not hold, directly or indirectly, more than 5% ownership of that regulated market or MTF.
2012/05/15
Committee: ECON
Amendment 981 #

2011/0298(COD)

Proposal for a directive
Article 49 – paragraph 2 c (new)
2c. Member States shall require a regulated market, an MTF or OTF to disclose to the public any shareholder which ownership of that regulated market or MTF or OTF exceeds 5%.
2012/05/15
Committee: ECON
Amendment 982 #

2011/0298(COD)

Proposal for a directive
Article 49 – paragraph 3
3. The competent authority shall refuse to approve proposed changes to the controlling interests of the regulated market and/or the market operator where there are objective and demonstrable grounds for believing that they would pose a threat to the sound and prudent management of the regulated market or MTF or would create significant conflicts of interest.
2012/05/15
Committee: ECON
Amendment 983 #

2011/0298(COD)

Proposal for a directive
Article 50 – introductory part
Member States shall require thea regulated market or a MTF:
2012/05/15
Committee: ECON
Amendment 984 #

2011/0298(COD)

Proposal for a directive
Article 50 – point a
(a) to have arrangements to identify clearly and manage the potential adverse consequences, for the operation of the regulated market or MTF or for its participants, of any conflict of interest between the interest of the regulated market or MTF, its owners or its operator and the sound functioning of the regulated market or MTF, and in particular where such conflicts of interest might prove prejudicial to the accomplishment of any functions delegated to the regulated market or MTF by the competent authority;
2012/05/15
Committee: ECON
Amendment 988 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 1
1. Member States shall require a regulated markettrading venues to have in place effective systems, procedures and arrangements to ensure its trading systems are resilient, have sufficient capacity to deal with peak order and message volumes, are able to ensure orderly trading under conditions of market stress, are fully tested to ensure such conditions are met and are subject to effective business continuity arrangements to ensure continuity of its services if there is any unforeseen failure of its trading systems.
2012/05/15
Committee: ECON
Amendment 990 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 1 a (new)
1a. Member States shall require that regulated markets ensure that messages sent to their trading systems by high frequency and other automated trading sources are clearly identifiable as such.
2012/05/15
Committee: ECON
Amendment 993 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 1 b (new)
1b. Member States shall require a regulated market to have effective systems, procedures and arrangements in place to ensure that all orders entered into the system by a member or participant have a resting time of at least 1 second.
2012/05/15
Committee: ECON
Amendment 994 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 1 c (new)
1c. Member States shall require a regulated market, MTF and OTF to have in place effective systems, procedures and arrangements to ensure that the latency of execution is at least of 100 milliseconds.
2012/05/15
Committee: ECON
Amendment 995 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 1 d (new)
1d. Member States shall require trading venues have in place effective systems to ensure that high frequency trading strategies do not represent more than 20% of orders in the order book at any given time.
2012/05/15
Committee: ECON
Amendment 997 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 2
2. Member States shall require a regulated marketrading venue or any trading arrangement to have in place effective systems, procedures and arrangements to reject orders that exceed pre-determined volume and price thresholds or are clearly erroneous and to be able to temporarily halt trading if there is a significant price movement in a financial instrument on that market or a related market during a short period and, in exceptional cases, to be able to cancel, vary or correct any transaction. compared to the closing value of that financial instrument on the venue with the highest turnover in that financial instrument and to be able to cancel, vary or correct any transaction. These systems shall result in halting trading at the same time on all trading venues trading the same financial instruments when there is a significant price movement in a financial instrument on that market or a related market during a short period. In case of significant price variation, all orders executed after the venue with the highest turnover in that financial instrument halted trading shall be cancelled. Member States shall require a trading venue to ensure that the parameters for halting trading are consistent with the conditions referred to in point (b) of paragraph 7. ESMA shall publish the parameters on its website.
2012/05/15
Committee: ECON
Amendment 1004 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 3
3. Member States shall require a regulated markettrading venue to have in place effective systems, procedures and arrangements to ensure that algorithmic trading systems cannot create or contribute to disorderly trading conditions on the market including. Member States shall require a trading venue to have in place systems to (a) limit to 50 to 1 the ratio of unexecuted orders to transactions that may be entered into the system by a member or participant, to(b) be able to slow down the flow of orders if there is a risk of its system capacity being reached and to(c) limit the minimum tick size that may be executed on the market. to such an extent that one tick shall be close to the average spread on that financial instrument.
2012/05/15
Committee: ECON
Amendment 1010 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 3 a (new)
3a. Member States shall ensure that a trading venue establish authorisation procedures to process requests to connect new or modified automated trading systems to the market's own systems. Such procedures shall include the testing referred to in paragraph [3b]. Such procedures shall result in the trading venue providing written acceptance or a rejection of a request with a full statement of the reasons.
2012/05/15
Committee: ECON
Amendment 1012 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 3 b (new)
3b. Member States shall require a trading venue to establish rigorous and mandatory acceptance testing procedures and testing environments in which to evaluate automated trading algorithms. The details of testing procedures shall be made available to investment firms intending to use such algorithms or other parties intending to develop them. Testing procedures shall include the examination of the source code and detailed descriptions of the design of an algorithm. Testing environments shall include realistic order flows based on historical data for stressed and unstressed markets as well as simulations calibrated on representative historical data and stress test scenarios designed by experts. Testing procedures and environments shall be regularly updated to meet changing market practices and technological developments.
2012/05/15
Committee: ECON
Amendment 1018 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 4 – subparagraph 1
Member States shall require a regulated market that permits direct electronic access to have in place effective systems procedures and arrangements to ensure that members or participants are only permitted to provide such services if they are an authorised investment firm under this Directive, that appropriate criteria are set and applied regarding the suitability of persons to whom such access may be provided and that the member or participant retains responsibility for orders and trades executed using that servicethat trading venues do not permit direct electronic access to any person.
2012/05/15
Committee: ECON
Amendment 1027 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 5
5. Member States shall require a regulated market to ensure that its rules on co- location services and fee structures are transparent, fair and non-discriminatory and that they do not create incentives to place, modify or cancel orders or to execute transactions in a way which actually or potentially contributes to disorderly trading conditions or market abuse, or is otherwise detrimental to the best interests of thee majority of the participants in that market. In particular, Member States shall require a regulated market to impose a minimum standard fee for all messages, that passes the cost of the infrastructure in due proportion to the clients using that infrastructure. Member States shall require that fee structure is non-discriminatory regardless whether the originating participant is deemed to add or remove liquidity from the market. Member States shall require that any fee structure that would favour high frequency strategies shall be banned and shall impose an additional fee on participants placing a high ratio of cancelled orders to executed orders in order to reflect the additional burden on system capacity. This fee shall be further increased so that orders with shorter resting times are charged more than those with longer resting times.
2012/05/15
Committee: ECON
Amendment 1030 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 6 a (new)
6a. Member States shall require regulated markets to submit regular reports, at least once per year, on the volume and instruments subject to algorithmic trading and, in particular, high frequency trading, and the impact of this form of trading on price discovery, liquidity, transaction costs and other relevant aspects of the functioning of the market they operate.
2012/05/15
Committee: ECON
Amendment 1035 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 7 – point a a (new)
(aa) to ensure the procedures and systems for testing automated trading systems intended for connection to the trading systems of regulated markets are effective;
2012/05/15
Committee: ECON
Amendment 1038 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 7 – point b
(b) to set out for each type of financial instruments what constitutes a significant price movement and a common reference price for calculating this price movement consistently and conditions under which trading should be halted if there is a significant price movement in a financial instrument on that market or a related market during a short period and set out conditions under which markets should cancel, vary or correct any transaction;
2012/05/15
Committee: ECON
Amendment 1045 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 7 – point c
(c) to set out the maximum and minimum ratio of unexecuted orders to transactions that may be adopted by regulated markets and minimum tick sizes that should be adopted, considering the average spread on that financial instrument and the objective to increase the depth of the order book and limit insignificant variation of prices;
2012/05/15
Committee: ECON
Amendment 1047 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 7 – point d
(d) to establish controls concerning direct electronic access;deleted
2012/05/15
Committee: ECON
Amendment 1052 #

2011/0298(COD)

Proposal for a directive
Article 51 – paragraph 7 – point e a (new)
(ea) to ensure that the monitoring and reporting of algorithmic trading is effective;
2012/05/15
Committee: ECON
Amendment 1062 #

2011/0298(COD)

Proposal for a directive
Article 53 – paragraph 1 – subparagraph 2
Member States shall require that an operator of a regulated market that suspends or removes from trading a financial instrument makes public this decision , communicates it to other regulated markets, MTFs and OTFs trading the same financial instrument and communicates relevant information to the competent authority. The competent authority shall inform the competent authorities of the other Member States of this . Member States shall require that other regulated markets, MTFs and OTFs trading the same financial instrument also suspend or remove that financial instrument from trading wWhere the suspension or removal is due to the non- disclosure of information about the issuer or financial instrument except for cases where this could cause significant damage to the investors' interests or the orderly functioning of the market. Member States, the competent authority for a financial instrument as defined in point (7) of Article 2 of Commission Regulation (EC) No 1287/2006 shall require theat other regulated markets, MTFs and OTFs to communicate their decision to or any otheir competent authority and all regulated markets, MTFs and OTFs trading the same financial instrument, including an explanation where it was decided not ttrading arrangement trading the same financial instrument also suspend or remove theimmediately that financial instrument from trading.
2012/05/15
Committee: ECON
Amendment 1074 #

2011/0298(COD)

Proposal for a directive
Article 55 – title
Access to the regulated market and MTF
2012/05/15
Committee: ECON
Amendment 1075 #

2011/0298(COD)

Proposal for a directive
Article 55 – paragraph 1
1. Member States shall require the regulated market and MTF to establish and maintain transparent and non- discriminatory rules, based on objective criteria, governing access to or membership of the regulated market.
2012/05/15
Committee: ECON
Amendment 1076 #

2011/0298(COD)

Proposal for a directive
Article 55 – paragraph 2 – point a
(a) the constitution and administration of the regulated market or MTF;
2012/05/15
Committee: ECON
Amendment 1077 #

2011/0298(COD)

Proposal for a directive
Article 55 – paragraph 2 – point e
(e) the rules and procedures for the clearing and settlement of transactions concluded on the regulated market or MTF.
2012/05/15
Committee: ECON
Amendment 1078 #

2011/0298(COD)

Proposal for a directive
Article 55 – paragraph 3 – introductory part
3. Regulated markets and MTF may admit as members or participants investment firms, credit institutions authorised under Directive 2006/48/EC and other persons who:
2012/05/15
Committee: ECON
Amendment 1079 #

2011/0298(COD)

Proposal for a directive
Article 55 – paragraph 4
4. Member States shall ensure that, for the transactions concluded on a regulated market or a MTF, members and participants are not obliged to apply to each other the obligations laid down in Articles 24, 25, 27 and 28. However, the members or participants of the regulated market shall apply the obligations provided for in Articles 24, 25, 27 and 28 with respect to their clients when they, acting on behalf of their clients, execute their orders on a regulated market.
2012/05/15
Committee: ECON
Amendment 1080 #

2011/0298(COD)

Proposal for a directive
Article 55 – paragraph 5
5. Member States shall ensure that the rules on access to or membership of the regulated market or MTF provide for the direct or remote participation of investment firms and credit institutions.
2012/05/15
Committee: ECON
Amendment 1081 #

2011/0298(COD)

Proposal for a directive
Article 55 – paragraph 6 – subparagraph 1
Member States shall, without further legal or administrative requirements, allow regulated markets or MTF from other Member States to provide appropriate arrangements on their territory so as to facilitate access to and trading on those markets by remote members or participants established in their territory.
2012/05/15
Committee: ECON
Amendment 1082 #

2011/0298(COD)

Proposal for a directive
Article 55 – paragraph 6 – subparagraph 2
The regulated market or MTF shall communicate to the competent authority of its home Member State the Member State in which it intends to provide such arrangements. The competent authority of the home Member State shall communicate that information to the Member State in which the regulated market or MTF intends to provide such arrangements within 1 month. ESMA may request access to that information in accordance with the procedure and under the conditions set out in Article 35 of Regulation (EU) No 1095/2010.
2012/05/15
Committee: ECON
Amendment 1083 #

2011/0298(COD)

Proposal for a directive
Article 55 – paragraph 6 – subparagraph 3
The competent authority of the home Member State of the regulated market or MTF shall, on the request of the competent authority of the host Member State and within a reasonable time, communicate the identity of the members or participants of the regulated market or MTF established in that Member State.
2012/05/15
Committee: ECON
Amendment 1084 #

2011/0298(COD)

Proposal for a directive
Article 55 – paragraph 7
7. Member States shall require the operator of the regulated market or MTF to communicate, on a regular basis, the list of the members and participants of the regulated market to the competent authority of the regulated market or MTF.
2012/05/15
Committee: ECON
Amendment 1085 #

2011/0298(COD)

Proposal for a directive
Article 56 – title
Monitoring of compliance with the rules of the regulated market and MTF and with other legal obligations
2012/05/15
Committee: ECON
Amendment 1086 #

2011/0298(COD)

Proposal for a directive
Article 56 – paragraph 1
1. Member States shall require that regulated markets or MTF establish and maintain effective arrangements and procedures for the regular monitoring of the compliance by their members or participants with their rules. Regulated markets or MTF shall monitor the transactions and orders undertaken by their members or participants under their systems in order to identify breaches of those rules, disorderly trading conditions or conduct that may involve market abuse.
2012/05/15
Committee: ECON
Amendment 1087 #

2011/0298(COD)

Proposal for a directive
Article 56 – paragraph 2
2. Member States shall require the operators of the regulated markets or MTF to report significant breaches of their rules or disorderly trading conditions or conduct that may involve market abuse to the competent authority of the regulated market or MTF. Member States shall also require the operator of the regulated market or MTF to supply the relevant information without delay to the authority competent for the investigation and prosecution of market abuse on the regulated market or MTF and to provide full assistance to the latter in investigating and prosecuting market abuse occurring on or through the systems of the regulated market or MTF.
2012/05/15
Committee: ECON
Amendment 1101 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure thatin close coordination with ESMA shall ensure that competent authorities apply to regulated markets, operators of MTFs and OTFs which admit to trading or trade commodity derivatives apply limits on the numbers well as OTC dealers ex ante and ex post limits on the number and market and notional values of contracts which any given market membperson or participantersons as well as different classes of investors can enter into over a specified period of time, oras well as additional alternative arrangements with equivalent effectin complement to such limits such as position management with automatic review thresholds , to be imposed in order to:
2012/05/15
Committee: ECON
Amendment 1106 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1 – point a
(a) support liquidensure sufficient market support liquidity required by bona-fide hedging transactions and reduce volatility;
2012/05/15
Committee: ECON
Amendment 1107 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1 – point c
(c) support ordensure that the price discoverly pricingfunction and settlement conditions of the underlying market are not disrupted.
2012/05/15
Committee: ECON
Amendment 1110 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1 – point c a (new)
(c a) prevent, reduce or eliminate excessive speculation and price volatility.
2012/05/15
Committee: ECON
Amendment 1119 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2
The limits orand arrangements shall be transparent and non-discriminatory, specifying the persons to whom they apply and any exemptions, and taking account of the nature and composition of the market participants and of the use theysuch person make of the contracts admitted to trading. They shall specify clear quantitative and qualitative thresholds such as the maximum number of contracts personand market and notional values of contracts persons and different classes of investors can enter, taking account of the characteristics of the underlying commodity markets and their interaction with other markets, including patterns of production, consumption, intermediation and transportation to market, estimated and official levels of inventories including prepaid contracts, spared capacities and long-term supply and demand trends. Limits shall apply to cash and physically settled contracts as well as contracts any person holds in the spot-month and any subsequent delivery or settlement period. In setting the limits ESMA and Member States shall ensure that the legitimate interests of participants conducting bona- fide hedging activities are respected.
2012/05/15
Committee: ECON
Amendment 1128 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 2
2. Regulated markets, MTF and OTFs, OTFs and OTC dealers shall informnotify their competent authority of the details of the limits orand arrangements. The competent authority shall communicate the same information to ESMA which shall publish and maintain on its website a database with summaries of the limits or arrangements in force. The competent authority or ESMA may require the regulated markets, MTFs, OTFs or OTC dealers to review the details of the limits and arrangements when they consider that the regulated markets, MTFs, OTFs or OTC dealers do not satisfy the criteria defined in paragraph 1.
2012/05/15
Committee: ECON
Amendment 1136 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 94 to determine the limits or alternativeESMA shall submit draft regulatory technical standards to the Commission to determine the ex-ante limits and arrangements on the number of contracts which any person can enter into over a specified period of time and the necessary equivalent effects of the alternativedditional arrangements and the method of calculating positions established in accordance with paragraph 1, as well as the conditions for exemptions. The limits or alternative as well as the relevant ratios of overall positions to aggregate positions resulting from bona fide hedge transactions required for establishing whether a situation of excessive speculation arises or presents a significant risk of arising. The limits and arrangements shall take account of the conditions referred to in paragraph 1 and the limits that have been set by regulated markets, MTFs and OTFs. The limits or alternativeand arrangements determined in the delegated acts shall also take precedence over any measures imposed by competent authorities pursuant to Article 72(1) paragraph (g) of this Directive.
2012/05/15
Committee: ECON
Amendment 1140 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 3 a (new)
3a. ESMA shall submit drafts for those regulatory technical standards to the Commission by [31 December 2012]. Power is delegated to the Commission to adopt regulatory technical standards referred to in paragraph 3 in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010. The relevant ratio of overall positions to aggregate positions resulting from bona fide hedge transactions for establishing whether a situation of excessive speculation arises referred to in paragraph 3 shall be of 3. The Commission shall be empowered to adopt regulatory technical standards modifying such a threshold taking into account developments in financial markets.
2012/05/15
Committee: ECON
Amendment 1142 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 4 – subparagraph 1
Competent authorities shall not impose limits or alternative arrangements which are more restrictive than those adopted pursuant to paragraph 3 except in exceptional cases where they are objectively justified and proportionate taking into account the liquidity of the specific market and the orderly functioning of the market. The restrictions shall be valid for an initial period not exceeding six months from the date of its publication on the website of the relevant competent authority. Such a restriction may be renewed for further periods not exceeding six months at a time if the grounds for the restriction continue to be applicable. If the restriction is not renewed after that six-month period, it shall automatically expire.deleted
2012/05/15
Committee: ECON
Amendment 1144 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 4 – subparagraph 2 a (new)
The restrictions shall be valid for an initial period duly specified by the competent authority from the date of its publication on the website of the relevant competent authority. Such a restriction may be renewed for further periods not exceeding six months at a time if the grounds for the restriction continue to be applicable. If the restriction is not renewed after that six-month period, it shall automatically expire. A competent authority adopting more restrictive measures referred to in paragraph 4 shall immediately inform the competent authorities of the home Member States of venues which trade the same relevant asset or class of assets. If a competent authority disagrees with the action taken by another competent authority on a financial instrument traded on different venues regulated by different competent authorities, ESMA may assist those authorities in reaching a diligent agreement in accordance with Article 19 of Regulation (EU) N° 1095/2010.
2012/05/15
Committee: ECON
Amendment 1146 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 1 – subparagraph 1 – introductory part
Member States and ESMA shall ensure that regulated markets, MTFs, OTFs and OTFC dealers which admit to trading or trade commodity derivatives or emission allowances or derivatives thereof:
2012/05/15
Committee: ECON
Amendment 1149 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 1 – subparagraph 1 – point a
(a) make public a weekly report with the aggregate positions held by the different categories of traderpersons for the different financial instruments traded on their platforms in accordance with paragraph 3;
2012/05/15
Committee: ECON
Amendment 1151 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) make public any significant gross or open position in the underlying asset or class of assets;
2012/05/15
Committee: ECON
Amendment 1153 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 1 – subparagraph 1 – point b
(b) provide the competent authority with a complete breakdown of theall positions of any or all market members or participants, including any positions held on behalf of their clients, upon requestposition holders at the close of preceding trading day on a daily basis.
2012/05/15
Committee: ECON
Amendment 1157 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 1 – subparagraph 2
The obligation laid down in point (a) and (aa) shall only apply when both the number of traderpersons and their open positions in a given financial instrument exceed minimum thresholds.
2012/05/15
Committee: ECON
Amendment 1163 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 2
2. In order to enable the publication mentioned in point (a) of paragraph 1, Member States shall require members and participants of regulated markets, MTFs and OTFs to report to the respective trading venueall persons holding a position in a relevant financial instrument to report to the respective trading venue or in the case of OTC contracts directly to competent authorities the details of their positions in real-time, including any positions held on behalf of their clients as well as to whether the transaction is a bona fide hedging transaction.
2012/05/15
Committee: ECON
Amendment 1168 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 3 – subparagraph 1 – introductory part
The members, participants and their cliPersons holding a position in a relevant financial instruments shall be classified by the regulated market, MTF or OTF as tradersor whenever appropriate competent authorities as traders following explicit guidelines and criteria defined by ESMA and according to the nature of their main business, taking account of any applicable authorisation, as either:
2012/05/15
Committee: ECON
Amendment 1170 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 3 – subparagraph 1 – point d
(d) commercial undertakings performing bona fide hedging transactions;
2012/05/15
Committee: ECON
Amendment 1173 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 3 – subparagraph 2
The reports mentioned in point (a) of paragraph 1 should specify the number ofand market and notional values of gross and open long and short positions by category of traposition holder, changes thereto since the previous report, percent of total short and long open interest represented by each category, and the number of traposition holders in each category.
2012/05/15
Committee: ECON
Amendment 1175 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 3 – subparagraph 2 a (new)
For the purpose of the reports mentioned in points (a), (aa) and (b) the calculation of short and long gross and open positions as well as notional values held by the relevant person directly and indirectly, including through or by way of any index, basket of securities or any interest in any exchange traded fund or similar entity shall take into account whether different investment strategies are pursued in relation to a particular asset or class of assets through more than one separate fund managed by the same fund manager, whether the same investment strategy is pursued in relation to a particular asset and class of assets through more than one fund and whether more than one portfolio within the same entity is managed on a discretionary basis pursuing the same investment strategy in relation to a particular asset or class of assets.
2012/05/15
Committee: ECON
Amendment 1177 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 4 – subparagraph 1
ESMA shall develop draft implementing technical standards to determine the format of the reports mentioned in point (a) of paragraph 1, and the content of the information to be provided in accordance with paragraph 2 and paragraph 1 of Article 59.
2012/05/15
Committee: ECON
Amendment 1179 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 5 – subparagraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 94ESMA shall submit draft regulatory technical standards to the Commission concerning measures to specify the thresholds mentioned in the last subparagraph of paragraph 1 and to refineadopt the relevant guidelines, criteria and notification requirements for the specification of the categories of members, participants, OTC dealers, or clients mentioned in paragraph 3.
2012/05/15
Committee: ECON
Amendment 1182 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 5 – subparagraph 1 a (new)
ESMA shall submit drafts for those regulatory technical standards to the Commission by [31 December 2012]. Power is delegated to the Commission to adopt regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) N° 1095/2010.
2012/05/15
Committee: ECON
Amendment 1186 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 5 a (new)
5 a. For the purpose of paragraph 1 of Article 59 ESMA shall develop, in close coordination with the ESRB and other relevant sectoral supervisors from the Union and third countries, draft regulatory technical standards specifying a set of relevant indicators and thresholds required for the monitoring of the characteristics of underlying commodity markets as well as the details of the granular and aggregate information to be provided by market participants, regulated markets, MTF and OTFs and trade repositories authorized under Regulation (EU) No …/… [EMIR] to relevant competent authorities, ESMA and the ESRB. These indicators shall in particular be used by competent authorities and the ESMA division on commodities established in Article 35 of Regulation (EU) No …/… [MIFIR] to proceed to a permanent and granular in-depth review of patterns of production, consumption, intermediation, transportation, estimated and official levels of inventories including prepaid contracts, spared capacities, long- term supply and demand trends of underlying commodity markets as well as market volatility and correlation patterns of underlying commodity markets with other assets and classes of assets. ESMA shall submit drafts for those regulatory technical standards to the Commission by [31 December 2012]. Power is delegated to the Commission to adopt regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
2012/05/15
Committee: ECON
Amendment 1194 #

2011/0298(COD)

Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 – point g a (new)
(g a) where applicable, the automated trading system that generated the transaction;
2012/05/15
Committee: ECON
Amendment 1195 #

2011/0298(COD)

Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 – point g b (new)
(g b) if the transaction was executed "OTC", the nature of the transaction;
2012/05/15
Committee: ECON
Amendment 1196 #

2011/0298(COD)

Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 – point h a (new)
(h a) if the transaction was a short sale as defined in point (b) of Article 2(1) of Regulation (EU) No 236/2012.
2012/05/15
Committee: ECON
Amendment 1198 #

2011/0298(COD)

Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point g a (new)
(g a) where applicable, the automated trading system that generated the transaction;
2012/05/15
Committee: ECON
Amendment 1199 #

2011/0298(COD)

Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point g b (new)
(g b) if the transaction was executed "OTC", the nature of the transaction;
2012/05/15
Committee: ECON
Amendment 1210 #

2011/0298(COD)

Proposal for a directive
Article 67 a (new)
Article 67 a Single consolidated data base By […]*, ESMA shall issue to the European Parliament, the Council and the Commission an opinion on the availability of a high quality post-trade information made public in accordance with Articles 5 and 19 of Regulation (EU) No .../... [MiFIR] in a consolidated format capturing the entire market in accordance with user-friendly standards at a reasonable cost. Where ESMA considers that post-trade information made public in accordance with Articles 5 and 19 is not available or not of high quality or does not capture the entire market, ESMA shall give a negative opinion. In the case of a negative opinion, the Commission shall adopt a delegated act within 3 months after having received the negative opinion from ESMA in accordance with Article 94, concerning measures specifying the establishment of a single entity operating a consolidated tape for post-trade information made public in accordance with Articles 5 and 19. By […]**, ESMA shall issue to the European Parliament, the Council and the Commission an opinion on the availability of a high quality post-trade information made public in accordance with Articles 9 and 20 of Regulation (EU) No .../... [MiFIR] in a consolidated format capturing the entire market in accordance with user-friendly standards at a reasonable cost. Where ESMA considers that post-trade information made public in accordance with Articles 9 and 20 is not available or not of high quality or does not capture the entire market, ESMA shall give a negative opinion. In the case of a negative opinion, the Commission shall adopt a delegated act within 3 months after having received the negative opinion from ESMA in accordance with Article 94, concerning measures specifying the establishment of a single entity operating a consolidated tape for post-trade information made public in accordance with Articles 9 and 20. _____________________ * OJ: please insert date: 6 months after the application of this Directive ** OJ: please insert date: 1 year after the date of application of this Directive
2012/05/15
Committee: ECON
Amendment 1213 #

2011/0298(COD)

Proposal for a directive
Article 69 – paragraph 3 a (new)
3a. For the purposes of effectively carrying out its duties in relation to commodities markets and coordinating supervisory activities between the designated national competent authorities with responsibility for those markets, ESMA shall establish a specific commodities division.
2012/05/15
Committee: ECON
Amendment 1214 #

2011/0298(COD)

Proposal for a directive
Article 70 – paragraph 2 a (new)
In case of emission allowances, Member State shall require the competent authorities to cooperate and exchange information with competent bodies designated pursuant to Directive 2003/54/EC for the purpose of this Directive.
2012/05/15
Committee: ECON
Amendment 1232 #

2011/0298(COD)

Proposal for a directive
Article 74 – paragraph 1
Member States shall provide that the competent authority publishes any sanction or measure that has been imposed for breaches of the provisions of Regulation (EU) No …/… (MiFIR) or of the national provisions adopted in the implementation of this Directive without undue delay including information on the type and nature of the breach and the identity of persons responsible for it, unless such disclosure would seriously jeopardise the financial markets. Where the publication would cause a disproportionate damage to the partienatural persons involved, competent authorities shall publish the sanctions against these natural persons on an anonymous basis.
2012/05/15
Committee: ECON
Amendment 1238 #

2011/0298(COD)

Proposal for a directive
Article 75 – paragraph 1 – point z a (new)
(za) a natural person belonging to the management body of a market operator or an investment firm that has knowledge of any breaches referred to in this paragraph and decides not to report those breaches to the competent authority.
2012/05/15
Committee: ECON
Amendment 1242 #

2011/0298(COD)

Proposal for a directive
Article 75 – paragraph 2 – subparagraph 1 – point d
(d) a temporary or permanent ban against any member of the investment firm's management body or any other natural person, who is held responsible, to exercise functions in investment firms;
2012/05/15
Committee: ECON
Amendment 1243 #

2011/0298(COD)

Proposal for a directive
Article 75 – paragraph 2 – subparagraph 1 – point d a (new)
(da) in case of a firm engaged in algorithmic trading, a temporary or permanent ban to access regulated markets, MTF and OTF.
2012/05/15
Committee: ECON
Amendment 1244 #

2011/0298(COD)

Proposal for a directive
Article 75 – paragraph 2 – subparagraph 1 – point e
(e) in case of a legal person, administrative pecuniary sanctions of up to 120 % of the total annual turnover of the legal person in the preceding business year; where the legal person is a subsidiary of a parent undertaking, the relevant total annual turnover shall be the total annual turnover resulting from the consolidated account of the ultimate parent undertaking in the preceding business year;
2012/05/15
Committee: ECON
Amendment 1245 #

2011/0298(COD)

Proposal for a directive
Article 75 – paragraph 2 – subparagraph 1 – point f
(f) in case of a natural person, administrative pecuniary sanctions of up to the greater of either 100% of the total annual income of the natural person in the preceding business year or 5 000 000 EUR, or in the Member States where the Euro is not the official currency, the corresponding value in the national currency on the date of entry into force of this Directive;
2012/05/15
Committee: ECON
Amendment 1247 #

2011/0298(COD)

Proposal for a directive
Article 75 – paragraph 2 – subparagraph 1 – point g
(g) without prejudice to points (e) and (f), administrative pecuniary sanctions of up to twiceen times the amount of the benefit derived from the violation where that benefit can be determined.
2012/05/15
Committee: ECON
Amendment 1248 #

2011/0298(COD)

Proposal for a directive
Article 75 – paragraph 2 – subparagraph 2
Where the benefit derived from the violation can be determined, Member States shall ensure that the maximum level is no lower than twiceen times the amount of that benefit and not lower than the losses occurred by the other market participants related to that breach.
2012/05/15
Committee: ECON
Amendment 1253 #

2011/0298(COD)

Proposal for a directive
Article 77 – paragraph 1 – subparagraph 2 – point b
(b) appropriate protection and possibility of anonymity for employees of financial institutions who denounce breaches committed within the financial institution;
2012/05/15
Committee: ECON
Amendment 1256 #

2011/0298(COD)

Proposal for a directive
Article 77 – paragraph 2 a (new)
2a. An employee shall not be prevented from denouncing breaches committed within the financial institution by any confidentiality rules. Any information that contributes to prove breaches committed within the financial institution shall no more be considered as confidential and the disclosure in good faith of such information shall not involve persons disclosing such information in liability of any kind.
2012/05/15
Committee: ECON
Amendment 1268 #

2011/0298(COD)

Proposal for a directive
Article 86 – paragraph 1 – subparagraph 1 a (new)
The competent authorities may also refer to ESMA situations where a competent authority disagrees about the procedure or content of an action or inaction of a competent authority of another Member State related to any provisions of this Directive or of Regulation (EU) No .../... [MiFIR].
2012/05/15
Committee: ECON
Amendment 1285 #

2011/0298(COD)

Proposal for a directive
Article 96 – paragraph 1 – point e
(e) the impact of the application or limits or alternativeand additional arrangements on liquidity, market abuse and orderly pricing and settlement conditions in commodity derivatives markets required by bona fide hedging transactions, market abuse and ensuring an orderly price discovery function and settlement conditions in commodity derivatives markets and preventing, reducing or eliminating excessive speculation and price volatility;
2012/05/15
Committee: ECON
Amendment 1288 #

2011/0298(COD)

Proposal for a directive
Article 97 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [….]* at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. ____________________ *OJ please insert date: one year after the entry into force of this Directive
2012/05/15
Committee: ECON
Amendment 1289 #

2011/0298(COD)

Proposal for a directive
Article 97 – paragraph 1 – subparagraph 3
Members States shall apply these measures from […]* except for the provisions transposing Article 67(2) which shall apply from [21 years after the application date for the rest of the Directive]. __________________ *OJ please insert date: 18 months after the entry into force of this Directive
2012/05/15
Committee: ECON
Amendment 1291 #

2011/0298(COD)

Proposal for a directive
Article 99 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 94 to extend the period of application of paragraph 1, taking into account the equivalence decisions already adopted by the Commission in accordance with Article 41 (3) and expected developments in the regulatory and supervisory framework of third countries.
2012/05/15
Committee: ECON
Amendment 1292 #

2011/0298(COD)

Proposal for a directive
Article 101 a (new)
Article 101a Amendment to Directive 98/26/EC Directive 98/26/EC is amended as follows: In Article 1, the following subparagraph is added: "This Directive shall not apply to Emission allowances consisting of any units recognised for compliance with the requirements of Directive 2003/87/EC (Emissions Trading Scheme)."
2012/05/15
Committee: ECON
Amendment 1299 #

2011/0298(COD)

Proposal for a directive
Annex 1 – Section A – point 10 a (new)
(10a) Engaging in algorithmic trading.
2012/05/15
Committee: ECON
Amendment 1304 #

2011/0298(COD)

Proposal for a directive
Annex 1 – Section C – point 4
(4) Options, futures, swaps, forward rate agreements and any other derivative contracts relating to securities, currencies, interest rates or yields, emission allowances or other derivatives instruments, financial indices or financial measures which may be settled physically or in cash;
2012/05/15
Committee: ECON
Amendment 1312 #

2011/0298(COD)

Proposal for a directive
Annex 1 – Section C – point 10
(10) Options, futures, swaps, forward rate agreements and any other derivative contracts relating to climatic variables, freight rates, emission allowances or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties other than by reason of default or other termination event, as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this Section, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are traded on a regulated market , OTF, or an MTF, are cleared and settled through recognised clearing houses or are subject to regular margin calls.
2012/05/15
Committee: ECON
Amendment 1315 #

2011/0298(COD)

Proposal for a directive
Annex 1 – section C a (new)
Section Ca Other instruments (1) Emission allowances consisting of any units recognised for compliance with the requirements of Directive 2003/87/EC (Emissions Trading Scheme) shall be treated as financial instruments for the exclusive purpose of this Directive, Regulation (EU) No .../... [MiFIR], Regulation (EU) No .../... [Market Abuse Regulation] and Directive (EU) No .../... [Market Abuse Directive]
2012/05/15
Committee: ECON
Amendment 1318 #

2011/0298(COD)

Proposal for a directive
Annex 2 – part I – paragraph 2
The entities mentioned above are considered to be professionals. They must however be allowed to request non- professional treatment and investment firms mayshall agree to provide a higher level of protection when requested. Where the client of an investment firm is an undertaking referred to above, the investment firm must inform it prior to any provision of services that, on the basis of the information available to the firm, the client is deemed to be a professional client, and will be treated as such unless the firm and the client agree otherwiseclient ask for being treated as non-professional. The firm must also inform the customer that he can request a variation of the terms of the agreement in order to secure a higher degree of protection.
2012/05/15
Committee: ECON
Amendment 106 #

2011/0296(COD)

Proposal for a regulation
Recital 7
(7) In order to make European markets more transparent and to level the playing field between various venues offering trading services it is necessary to introduce a new category of organised trading facility (OTF). This new category is broadly defined so that now and in the future it should be able to capture all types of organised execution and arranging of trading which do not cdefined is defined in order to cover only cases where existing categorriespond to the functionalities or regulatory specifications of existing venues appear to be inadequately designed. Consequently appropriate organisational requirements and transparency rules which support efficient price discovery need to be applied. The new category includes broker crossing systems, which can be described as internal electronic matching systems operated by an investment firm which execute client orders against other client orders. The new category also encompasses systems eligible for trading clearing-eligible and sufficiently liquid derivatives. It shall not include facilities where there is no genuine trade execution or arranging taking place in the system, such as bulletin boards used for advertising buying and selling interests, other entities aggregating or pooling potential buying or selling interests, or electronic post-trade confirmation services.
2012/05/14
Committee: ECON
Amendment 124 #

2011/0296(COD)

Proposal for a regulation
Recital 12
(12) The financial crisis exposed specific weaknesses in the way information on trading opportunities and prices in financial instruments other than shares is available to market participants, namely in terms of timing, granularity, equal access, and reliability. Pre- and post-trade transparency requirements taking account of the different characteristics and market structures of specific types of instruments other than shares should thus be introduced. In order to provide a sound transparency framework for all relevant instruments, these should apply to bonds and structured finance products with a prospectus or which are admitted to trading either on a regulated market or are traded on a multilateral trading facility (MTF) or an organised trading facility (OTF), to derivatives which are traded or admitted to trading on regulated markets, MTFs and OTFs or considered eligible for central clearing, as well as, in the case of post- trade transparency, to derivatives reported to trade repositories. Therefore only those financial instruments traded purely OTC which are deemed particularly illiquid or are bespoke in their design would be outside the scope of the transparency obligations.
2012/05/14
Committee: ECON
Amendment 189 #

2011/0296(COD)

Proposal for a regulation
Recital 35
(35) The provision of services to retail clients should always require the establishment of a branchsubsidiary company in the Union. The establishment of the branch shall be subject to authorisation and supervision in the Union. Proper cooperation arrangements should be in place between the competent authority concerned and the competent authority in the third country. The provision of services without branches should be limited to eligible counterparties. It should be subject to registration by ESMA and to supervision in the third country. Proper cooperation arrangements should be in place between ESMA and the competent authorities in the third country.
2012/05/14
Committee: ECON
Amendment 193 #

2011/0296(COD)

Proposal for a regulation
Recital 37
(37) A range of fraudulent practices have occurred in spot secondary markets in emission allowances (EUA) which could undermine trust in the emissions trading schemes, set up by Directive 2003/87/EC, and measures are being taken to strengthen the system of EUA registries and conditions for opening an account to trade EUAs. In order to reinforce the integrity and safeguard the efficient functioning of those markets, including comprehensive supervision of trading activity, it is appropriate to complement measures taken under Directive 2003/87/EC by bringing emission allowances fully into the scope of this Directive and of Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse), by classifying them as financial instruments.
2012/05/14
Committee: ECON
Amendment 203 #

2011/0296(COD)

Proposal for a regulation
Article 1 a (new)
Article 1 a Obligation to trade on MIFID recognised markets 1. Retail clients and professional clients shall conclude transactions of normal market size in financial instruments on : (a) regulated markets; (b) MTFs; Where the financial instrument is not available on regulated markets or MTF, professional clients and retail clients may conclude transactions outside of a regulated market or an MTF. This requirement shall not apply to eligible counterparties. 2. Without prejudices to the obligations referred to in Article 24, eligible counterparties shall conclude transactions in financial instruments on : (c) regulated markets; (d) MTFs; (e) OTFs; (f) Systematic internalisers; (g) OTC Eligible counterparties may only conclude OTC transactions when the characteristics of which of the transaction include that they are ad-hoc and irregular and are carried out with wholesale counterparties and are part of a business relationship which is itself characterised by dealings above standard market size, and where the deals are carried out outside the systems usually used by the firm concerned for its business as a systematic internaliser.
2012/05/14
Committee: ECON
Amendment 214 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) ‘regulated market’ means a multilateral system, which brings together at least four different and independent participants and where no participant handles more than 30% of orders or transactions operated and/or managed by a market operator, which brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments – in the system and in accordance with its non-discretionary rules – in a way that results in a contract, in respect of the financial instruments admitted to trading under its rules and/or systems, and which is authorised and functions regularly and in accordance with the provisions of Title III of Directive [new MiFID];
2012/05/14
Committee: ECON
Amendment 220 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘multilateral trading facility (MTF)’ means a multilateral system which brings together at least four different and independent participants and where not any participant handle more than 30% of orders or transactions, operated by an investment firm or a market operator, which brings together multiple third-party buying and selling interests in financial instruments – in the system and in accordance with non-discretionary rules – in a way that results in a contract in accordance with the provisions of Title II of Directive [new MiFID];
2012/05/14
Committee: ECON
Amendment 227 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) ‘organised trading facility (OTF)’ means any system or facility, which is not a regulated market or MTF, operated by an investment firm or a market operator, in which multiple third-wholesale counterpartyies buying and selling interests in less liquid financial instruments not listed on an MTF or a regulated market are able to interact in the system in a way that results in a contract in accordance with the provisions of Title II of Directive [new MiFID];
2012/05/14
Committee: ECON
Amendment 230 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
(7 a) 'OTC' means transactions carried out outside a regulated market, a MTF, an OTF or a SI, the characteristics of which include that they are ad-hoc and irregular and are carried out with wholesale counterparties and are part of a business relationship which is itself characterised by dealings above standard market size, and where the deals are carried out outside the systems usually used by the firm concerned for its business as a systematic internaliser.
2012/05/14
Committee: ECON
Amendment 231 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
(8) ‘financial instrument’ means those instruments specified in Section C of Annex I of Directive [new MiFID] and in Section CA of Annex I of Directive [new MiFID] for the exclusive purpose of this Directive, the Regulation (EU) No .../... [MiFIR] and of the Regulation (EU) No .../... [Market Abuse Regulation] and the directive (EU) No .../... [Market Abuse Directive];
2012/05/14
Committee: ECON
Amendment 234 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
(8 a) 'wholesale counterparties' are eligible counterparties characterised by dealings above standard market size on a regular basis in a full range of sophisticated products and whose total assets exceed 1 billion euro;
2012/05/14
Committee: ECON
Amendment 251 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 29 a (new)
(29 a) 'bona fide hedging transactions' means transactions as defined under Directive [New MIFID]
2012/05/14
Committee: ECON
Amendment 252 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 29 b (new)
(29 b) 'excessive speculation' means a trading activity as defined under Directive [New MIFID]
2012/05/14
Committee: ECON
Amendment 258 #

2011/0296(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make public current bid and offer prices and the depth of trading interests at those prices which are advertiscan be executed through their systems for shares, depositary receipts, exchange-traded funds, certificates and other similar financial instruments admitted to trading or which are traded on an MTF or an OTF. This requirement shall also apply to actionable indications of interests. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make this information available to the public on a continuous basis during normal trading hours.
2012/05/14
Committee: ECON
Amendment 265 #

2011/0296(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Competent authorities shall be able to waive the obligation for rRegulated markets and investment firms and market operators operating an MTF or an OTF to make public the information referred to in Article 3(1) based on the market model or the type and size of orders in the cases defined in accordance with paragraph 3. In particular, the competent authorities shall be able to waive the obligationmay choose, in respect of orders that are large in scale compared with normal market size for the share, depositary receipt, exchange-traded fund, certificate or other similar financial instrument or type of share, depositary receipt, exchange-traded fund, certificate or other similar financial instrument in question, not to make public the information referred to in Article 3(1).
2012/05/14
Committee: ECON
Amendment 271 #

2011/0296(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. Regulated markets and investment firms and market operators operating an MTF or an OTF shall receive an authorisation from the competent authority before using the exemption referred to in paragraph (1). Before granting a waiver in accordance with paragraph 1, competent authorities shall notify ESMA and other competent authorities of the intended use of each individual waiver request and provide an explanation regarding their functioning. Notification of the intention to grant a waiver shall be made not less than 64 months before the waiver is intended to take effect. Within 32 months following receipt of the notification, ESMA shall issue an opinion to the competent authority in question assessing the compatibility of each waiver with the requirements established in paragraph 1 and specified in the delegated act adopted pursuant to paragraphs 3(b) and (c). After receiving the opinion of ESMA, a college chaired by ESMA and which consists of the competent authorities of all the Member States shall within one month reach a joint opinion. Competent authorities shall not grant a waiver to market operators operating an MTF or an OTF without a positive joint opinion from the college. Where that competent authority grants a waiver and a competent authority of another Member State disagrees with this or disagrees with the effective application of the waiver granted, that competent authority may refer the matter back to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010. ESMA shall monitor the application of the waivers and shall submit an annual report to the Commission on how they are applied in practice.
2012/05/14
Committee: ECON
Amendment 274 #

2011/0296(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2 a. When executing orders by waiving the obligation to make public the information referred to in Article 3(1) and by using a reference price from another market, regulated markets and investment firms and market operators operating an MTF or an OTF shall ensure that they get faster access to the reference price than any other market participant executing orders on their venue.
2012/05/14
Committee: ECON
Amendment 289 #

2011/0296(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make public the price, volume and time of the transactions executed in respect of shares, depositary receipts, exchange-traded funds, certificates and other similar financial instruments admitted to trading or which are traded on an MTF or an OTF. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make details of all such transactions public as close to real-time as is technically possible. As regards electronic trading, the delay before post- trade information is available shall not exceed two times the latency for execution.
2012/05/14
Committee: ECON
Amendment 291 #

2011/0296(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Regulated markets and investment firms and market operators operating an MTF or an OTF shall give effective access, on reasonable commercial terms and on a non- discriminatory basis, to the arrangements they employ for making public the information under paragraph 1 to investment firms which are obliged to publish the details of their transactions in shares, depositary receipts, exchange- traded funds, certificates and other similar financial instruments pursuant to Article 19.
2012/05/14
Committee: ECON
Amendment 295 #

2011/0296(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Competent authorities shall be able to authorise regulated markets to provide for deferred publication of the details of transactions based on their type or size. In particular, the competent authorities may authorise the deferred publication in respect of transactions that arethat are exceptionally large in scale compared with the normal market size for that share, depositary receipt, exchange-traded fund, certificate or other similar financial instrument or that class of share, depositary receipt, exchange-traded fund, certificate or other similar financial instrument. Regulated markets and investment firms and market operators operating an MTF or an OTF shall obtain the competent authority's prior approval of proposed arrangements for deferred trade- publication, and shall clearly disclose these arrangements to market participants and the public. ESMA shall monitor the application of these arrangements for deferred trade-publication and shall submit an annual report to the Commission on how they are applied in practice.
2012/05/14
Committee: ECON
Amendment 296 #

2011/0296(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Where a competent authority authorises deferred publication and a competent authority of another Member State disagrees with this or disagrees with the effective application of the authorisation granted, that competent authority may refer the matter back to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010.
2012/05/14
Committee: ECON
Amendment 304 #

2011/0296(COD)

Proposal for a regulation
Article 6 a (new)
Article 6 a Effectiveness of pre-trade transparency in equity instruments Each year, ESMA shall issue to the European Parliament, the Council and the Commission an opinion on the effectiveness of pre-trade transparency taking into account the developments in financial market. In particular ESMA shall calculate the ratio of transactions that were executed without making public the information referred to in Article 3(1). Where ESMA calculates that more than 10% of transactions are executed without making public the information referred to in Article 3(1) or considers that the effectiveness of pre-trade transparency in equity instruments is not fulfilled, ESMA may issue an opinion on reviewing the waiver referred in Article 4(1). Within 3 months after having received the opinion from ESMA the Commission shall be empowered to adopt delegated acts in accordance with Article 94, reviewing the waiver referred in Article 4(1) to ensure the effectiveness of pre- trade transparency.
2012/05/14
Committee: ECON
Amendment 321 #

2011/0296(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Regulated markets and investment firms and market operators operating an MTF or an OTF shall give effective access, on reasonable commercial terms and on a non- discriminatory basis, to the arrangements they employ for making public the information referred to in the first paragraph to investment firms which are obliged to publish their quotes in bonds, structured finance products, emission allowances and derivatives pursuant to Article 17.
2012/05/14
Committee: ECON
Amendment 327 #

2011/0296(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Competent authorities shall be able to waive the obligation for rRegulated markets and investment firms and market operators operating an MTF or an OTF to make public the information referred to in Article 7(1) for specific sets of products based on the market model, the specific characteristics of trading activity in a product and the may for specific sets of products which are considered as illiquidity in the cases defined in accordance with paragraph 4 not to make public the information referred to in Article 7(1).
2012/05/14
Committee: ECON
Amendment 332 #

2011/0296(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Competent authorities shall be able to waive the obligation for regulated markets and investment firms and market operators operating an MTF or an OTF to make public the information referred to in paragraph 1 of Article 7 based on the type and size of orders and method of trading in accordance with paragraph 4. In particular, the competent authorities shall be able to waive the obligation in respect of orders that are large in scale compared with normal market size for the bond, structured finance product, emission allowance or derivative or type of bond, structured finance product, emission allowance or derivative in question.
2012/05/14
Committee: ECON
Amendment 333 #

2011/0296(COD)

Proposal for a regulation
Article 8 – paragraph 3 a (new)
3 a. When executing orders by waiving the obligation to make public the information referred to in Article 3(1) and by using a reference price from an other market, regulated markets and investment firms and market operators operating an MTF or an OTF or any alternative trading arrangement shall ensure that they get faster access to the reference price than any other market participant executing orders on their venue.
2012/05/14
Committee: ECON
Amendment 340 #

2011/0296(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. Regulated markets and investment firms and market operators operating an MTF or an OTF shall obtain an authorisation from the competent authority before using the exemption referred to in paragraph (1) and (2). Before granting a waiver in accordance with paragraphs 1 and 2, competent authorities shall notify ESMA and other competent authorities of the intended use of waivers and provide an explanation regarding their functioning. Notification of the intention to grant a waiver shall be made not less than 64 months before the waiver is intended to take effect. Within 32 months following receipt of the notification, ESMA shall issue an opinion to the competent authority in question assessing the compatibility of each individual waiver request with the requirements established in paragraphs 1 and 2 and specified in the delegated act adopted pursuant to paragraph 4(b). Where that competent authority grants a waiver and a competent authority of another Member State disagrees with this, or with the effective application of the waiver granted that competent authority may refer the matter back to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010. ESMA shall monitor the application of the waivers and shall submit an annual report to the Commission on how they are applied in practice.
2012/05/14
Committee: ECON
Amendment 341 #

2011/0296(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 (new)
After receiving the opinion of ESMA, a college chaired by ESMA and which consists of the competent authorities of all the Member States shall within one month reach a joint opinion. A competent authority shall not grant a waiver to market operators operating an MTF or an OTF without a positive joint opinion from the college.
2012/05/14
Committee: ECON
Amendment 356 #

2011/0296(COD)

Proposal for a regulation
Article 8 – paragraph 4 – point b – point iii
(iii) a list of instrument which are considered as illiquid based on the liquidity profile, including the number and type of market participants in a given market and any other relevant criteria for assessing liquidity;
2012/05/14
Committee: ECON
Amendment 371 #

2011/0296(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make public the price, volume and time of the transactions executed in respect of bonds and structured finance products admitted to trading on a regulated market, an MTF, an OTF or any other trading arrangement or for which a prospectus has been published, emission allowances and for derivatives admitted to trading or which are traded on an MTF or an OTF. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make details of all such transactions public as close to real- time as is technically possible. As regards electronic trading, the delay before post- trade information is available shall not exceed two times the latency for execution.
2012/05/14
Committee: ECON
Amendment 374 #

2011/0296(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Regulated markets and investment firms and market operators operating an MTF or an OTF shall give effective access, on reasonable commercial terms and on a non- discriminatory basis, to the arrangements they employ for making public the information under the first paragraph to investment firms which are obliged to publish the details of their transactions in bonds, structured finance products, emission allowances and derivatives pursuant to Article 20.
2012/05/14
Committee: ECON
Amendment 379 #

2011/0296(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Competent authorities shall be able to authorise regulated markets and investment firms and market operators operating an MTF or an OTF to provide for deferred publication of the details of transactions based on their type or size. In particular, the competent authorities may authorise the deferred publication in respect of transactions that arethat are significantly large in scale compared with the normal market size for that bond, structured finance product, emission allowance or derivative or that class of bond, structured finance product, emission allowance or derivative.
2012/05/14
Committee: ECON
Amendment 382 #

2011/0296(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 a (new)
Where a competent authority authorises deferred publication and a competent authority of another Member State disagrees with this or disagrees with the effective application of the authorisation granted, that competent authority may refer the matter back to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010.
2012/05/14
Committee: ECON
Amendment 396 #

2011/0296(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Regulated markets, MTFs and OTFs shall make the information published in accordance with Articles 3 to 10 available to the public on a reasonable commercial basis and ensure an effective non- discriminatory access to the information. The information shall be made available free of charge 15 minutes after the publication of a transaction.
2012/05/14
Committee: ECON
Amendment 409 #

2011/0296(COD)

Proposal for a regulation
Article 14 – paragraph 1 a (new)
1 a. Systematic internalisers shall execute the orders they receive at least within the spread of the most liquid venues listing the financial instruments traded or any most favourable price for their client.
2012/05/14
Committee: ECON
Amendment 411 #

2011/0296(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Systematic internalisers may also execute orders they receive from their professional clients at prices different than their quoted ones without having to comply with the requirements established in paragraph 2, in respect of transactions where execution in several securities is part of one transaction or in respect of orders that are subject to conditions other than the current market price.deleted
2012/05/14
Committee: ECON
Amendment 461 #

2011/0296(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Investment firms which, either on own account or on behalf of clients, conclude transactions in shares, depositary receipts, exchange-traded funds, certificates or other similar financial instruments admitted to trading on a regulated market or which are traded on an MTF or an OTF, shall make public the volume and price of those transactions and the time at which they were concluded. This information shall be made public through an APA as close to real-time as is technically possible. As regards electronic trading, the delay before post-trade information is available shall not exceed two times the latency for execution.
2012/05/14
Committee: ECON
Amendment 475 #

2011/0296(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Investment firms which, either on own account or on behalf of clients, conclude transactions in bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and derivatives which are clearing-eligible or are reported to trade repositories in accordance with Article [6] of Regulation [EMIR] or are admitted to trading on a regulated market or are traded on an MTF or an OTF shall make public the volume and price of those transactions and the time at which they were concluded. This information shall be made public through an APA as close to real-time as is technically possible. As regards electronic trading, availability of post-trade information shall not exceed two times the latency for execution.
2012/05/14
Committee: ECON
Amendment 486 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. Investment firms which execute transactions in financial instruments shall report details of such transactions to the competent authority as quickly as possible, and no later than the close of the following working day. The competent authorities shall, in accordance with Article 89 of Directive [new MiFID], establish the necessary arrangements in order to ensure that ESMA and the competent authority of the most relevant market in terms of liquidity for those financial instruments also receives this information.
2012/05/14
Committee: ECON
Amendment 488 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. The obligation laid down in paragraph 1 shall not apply to financial instruments which are not admitted to trading or traded on an MTF or an OTF, to financial instruments whose value does not depend on that of a financial instrument admitted to trading or traded on an MTF or an OTF, nor to financial instruments which do not or are not likely to have an effect on a financial instrument admitted to trading or traded on an MTF or an OTF.deleted
2012/05/14
Committee: ECON
Amendment 495 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. The reports shall, in particular, include details of the type, the class of assets, the names and numbers of the instruments bought or sold, the quantity, the dates and times of execution, the transaction prices, a designation to identify the clients on whose behalf the investment firm has executed that transaction, a designation to identify the persons and the computer algorithms within the investment firm responsible for the investment decision and the execution of the transaction, and means of identifying the investment firms concerned. Additionally, for transactions related to commodity derivatives, the report shall indicate whether such transactions qualify as bona-fide hedging transaction. For transactions not carried out on a regulated market, MTF or OTF, the reports shall also include a designation identifying the types of transactions in accordance with the measures to be adopted pursuant to Article 19(3)(a) and Article 20(3)(a).
2012/05/14
Committee: ECON
Amendment 497 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. Investment firms which transmit orders shall include in the transmission of that order all the details required for the purposes of paragraphs 1 and 3. Instead of including a designation to identify the end clients on whose behalf the investment firm has transmitted that order or a designation to identify the persons and the computer algorithms within the investment firm responsible for the investment decision and the execution of the transaction, an investment firm may also choose to report the transmitted order in accordance with the requirements under paragraph 1.
2012/05/14
Committee: ECON
Amendment 499 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 5 a (new)
5 a. In reporting the designation to identify the clients as required under paragraphs 3 and 4, investment firms shall use: (i) a Legal Entity Identifier established to identify clients who are a legal entity, in the form of a 20 digit alphanumeric code; (ii) an identifier attributed in accordance with the regulatory technical standards developed by ESMA for natural persons and entities not subject to the attribution of a Legal Entity Identifier. To that end, each Member State shall define an identifier allowing identification of its nationals and of every legal entity established on its territory. It shall be determined by the Member State at least at its national level so that each national or legal entity located in that Member State shall have a unique identifier. Each Member State shall also be in a position to transmit every national identifier in the transaction reports to other Member States pursuant to paragraphs 1 and 7, without prejudice to the applicable provisions [Directive 95/46/EC and revising texts] on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Each Member State shall ensure that these identifiers allow other Member States to promptly obtain the identity of the client, either through the transmission of the client identity (name) itself, or through a mechanism providing for the client's identity (name) without requiring the submission of an ad hoc request to the relevant investment firm.
2012/05/14
Committee: ECON
Amendment 503 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 6
6. The reports shall be made to the competent authority either by the investment firm itself, an ARM acting on its behalf or by the regulated market or MTF or OTF through whose systems the transaction was completed. Trade- matching or reporting systems, including trade repositories registered or recognised in accordance with Title VI of Regulation [ ] (EMIR), may be approved by the competent authority as an ARM. In cases where transactions are reported directly to the competent authority by a regulated market, an MTF, an OTF or an ARM, the obligation on the investment firm laid down in paragraph 1 may be waived. In cases where transactions have been reported to a trade repository in accordance with article [7] of Regulation [ ] (EMIR) and where these reports contain the details required under paragraphs 1 and 3, including the relevant regulatory technical standards regarding the form and content of reports, and are systematically transmitted to the relevant competent authority within the time limit set by paragraph 1, the obligation on the investment firm laid down in paragraph 1 shall be considered to have been complied with.
2012/05/14
Committee: ECON
Amendment 509 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 8 – subparagraph 1 – point c a (new)
(c a) the criteria defining bona-fide hedging activities related to the commodity, and the related evidence required from investment firms to support their claim that a transaction meets the criteria defined.
2012/05/14
Committee: ECON
Amendment 510 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 8 – subparagraph 1 – point c b (new)
(c b) the conditions upon which national identifiers are developed, attributed and maintained, by Member States, and the conditions under which these national identifiers are used by investment firms so as to provide, pursuant to paragraphs 3 to 5, for the designation to identify the clients in the transaction reports they are required to establish pursuant to paragraph 1;
2012/05/14
Committee: ECON
Amendment 511 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 8 – subparagraph 1 – point c c (new)
(c c) the arrangements Member States have to put in place to ensure that any Member States have an effective access to the identity (name) of investment firms' clients through a system aimed at decoding national client identification codes without requiring the submission of ad hoc requests to the relevant investment firm.
2012/05/14
Committee: ECON
Amendment 519 #

2011/0296(COD)

Proposal for a regulation
Article 23 a (new)
Article 23 a Obligation to supply instrument reference data 1. With regard to instruments admitted to trading on regulated markets, or traded on multilateral trading facilities [or organized trading facilities], these trading venues shall systematically supply ESMA and competent authorities with identifying instrument reference data for the purpose of transaction reporting under Article 21. This reference data for a given instrument shall be submitted to ESMA and competent authorities before trading commences in that particular instrument. With regard to other instruments, ESMA and competent authorities shall ensure that trade associations and other similar bodies that collect and distribute instrument reference data, supply them with relevant reference data. 2. The obligation laid down in paragraph 1 only applies to the financial instruments specified in Article 23(2). It therefore shall not apply to any other instrument. 3. The instrument reference data referred to in paragraph 1 shall be updated whenever relevant so as to ensure its appropriateness. 4. In order to allow competent authorities to monitor, pursuant to Article 21, the activities of investment firms to ensure that they act honestly, fairly and professionally and in a manner which promotes the integrity of the market, ESMA and the competent authorities shall establish the necessary arrangements in order to ensure that: (a) ESMA and the competent authorities effectively receive the instrument reference data pursuant to paragraph 1; (b) the quality of the data so received is appropriate for the purpose of transaction reporting under Article 21; (c) the instrument reference data received pursuant to paragraph 1 is efficiently exchanged between the relevant competent authority(ies). 5. ESMA shall develop draft regulatory technical standards to determine: (a) data standards and formats for the instrument reference data in accordance with paragraph 1, including the methods and arrangements for supplying the data and any update thereto to ESMA and competent authorities, and the form and content of such data; (b) the measures and conditions that are necessary in relation to the arrangements to be made by ESMA and the competent authorities pursuant to paragraph 4. ESMA shall submit those draft regulatory technical standards to the Commission by ...*.Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010."
2012/05/14
Committee: ECON
Amendment 530 #

2011/0296(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point c
(c) OTFs where the derivative is not traded on a regulated market or an MTF; or
2012/05/14
Committee: ECON
Amendment 536 #

2011/0296(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
1 a. Financial counterparties as defined in Article 2(6) and non financial counterparties that do not meet the conditions referred to in Article [5(1b)] of Regulation [ ] EMIR shall conclude transactions which are not intragroup transactions as defined in Article [2a] of Regulation [ ] (EMIR) with other financial counterparties as defined in Article 2(6) or non financial counterparties that meet the conditions referred to in Article [5(1b)] of Regulation [ ] (EMIR) in derivatives that are admitted to be traded in the trading venues referred to in paragraph 1 only in such trading venues. ESMA shall regularly monitor the activity in derivatives which have not been declared subject to the trading obligation in order to identify cases where a particular class of contracts may pose systemic risk and to prevent regulatory arbitrage between derivative transactions submitted and non submitted to the trading obligation.
2012/05/14
Committee: ECON
Amendment 540 #

2011/0296(COD)

Proposal for a regulation
Article 24 – paragraph 4 a (new)
4 a. ESMA shall define targets by asset class for increased legal, process and product standardisation, as well as targets by asset class for the proportion of trading of OTC derivatives taking place on regulated venues, and make arrangements to monitor achievements of these targets.
2012/05/14
Committee: ECON
Amendment 620 #

2011/0296(COD)

Proposal for a regulation
Article 28 a (new)
Article 28 a Clearing obligation for equities and bonds traded on regulated markets, MTF and OTF The operator of a regulated market, an MTF, or an OTF shall ensure that all transactions in equities and bonds that are concluded on a regulated market, an MTF and OTF are cleared by a CCP when a CCP accepts to clear that financial instrument.
2012/05/14
Committee: ECON
Amendment 662 #

2011/0296(COD)

Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – introductory part
Where the value of any financial instrument is calculated by reference to a benchmark, a person with proprietary rights to the benchmark shall ensure that CCPs and trading venues are permitted, for the purposes of trading andproviding client services in relation to the operation of a trading venue or clearing, non- discriminatory access to:
2012/05/14
Committee: ECON
Amendment 666 #

2011/0296(COD)

Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point b
(b) licences for the use of the information referred to in paragraph 1(a) adequate for the purposes of providing client services in relation to the operation of a trading venue or clearing.
2012/05/14
Committee: ECON
Amendment 677 #

2011/0296(COD)

Proposal for a regulation
Article 30 – paragraph 3 – point a a (new)
(aa) the uses to be covered by the licences referred to in paragraph 1(b);
2012/05/14
Committee: ECON
Amendment 683 #

2011/0296(COD)

Proposal for a regulation
Article 31 – title
ESMA powers to temporarily interveneintervention powers
2012/05/14
Committee: ECON
Amendment 693 #

2011/0296(COD)

Proposal for a regulation
Article 31 – paragraph 2 – point a
(a) the proposed action addresses a threat to investor protection or to the orderly functioning, economic utility and integrity of financial markets or to the stability of the whole or part of the financial system in the Union;
2012/05/14
Committee: ECON
Amendment 729 #

2011/0296(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. After receiving notification of any measure under Article 83(5) of Directive [new MiFID] ESMA shall record the measure and the reasons thereof. In relation to measures pursuant to Article 72(1) subparagraph (f) and (g) of Directive [new MiFID], it shall maintain and publish on its website a database with summaries of the measures in force including details on the person or class of persons concerned, the applicable financial instruments, any quantitative and qualitative measures or thresholds such as the maximum number of contracts and the market and notional values of gross and open positions persons can enter into before a limit is reached, any exemptions thereto, and the reasons thereof.
2012/05/14
Committee: ECON
Amendment 731 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part
1. In accordance with Article 9(5) of Regulation (EU) No 1095/2010, ESMA shall, where allny of the conditions in paragraph 2 are satisfied, take one or more of the following measures:
2012/05/14
Committee: ECON
Amendment 735 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point b
(b) after analysing the information obtained, require any such person or class of investors to take steps to reduce the size of the position or exposure;
2012/05/14
Committee: ECON
Amendment 737 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point c
(c) limit the ability of a person from entering into a commodity derivative or prohibit new classes of contracts.
2012/05/14
Committee: ECON
Amendment 744 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to the measures foreseen in article 59 of the MiFID directive ESMA shall only take a decision under paragraph 1 if allone or more of the following conditions are fulfilled:
2012/05/14
Committee: ECON
Amendment 746 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point a
(a) the measures listed in points (a) to (c) of paragraph 1 address a threat to the efficient and orderly functioning and integrity of financial markets including in relation to delivery arrangements for physical commodities by leading to excessive speculation and market manipulation, increased volatility or distortion of price discovery, or the stability of the whole or part of the financial system in the Union or distorts risk management functions of commodity markets;
2012/05/14
Committee: ECON
Amendment 749 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 3 – point a
(a) does significantly addresses the threat to the efficient and orderly functioning and integrity of financial markets or of delivery arrangements for physical commodities, or the stability of the whole or part of the financial system in the Union or significantly improve the ability of competent authorities to monitor the threat;
2012/05/14
Committee: ECON
Amendment 751 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 3 – point c
(c) does not have a detrimental effect on the efficiency of financial markets, including reducing liquidity required by bona fide hedging transactions in those markets or creating uncertainty for market participants, that is disproportionate to the benefits of the measure.
2012/05/14
Committee: ECON
Amendment 754 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 6
6. ESMA shall publish on its website notice of any decision to impose or renew any measure referred to in subparagraph (c) of paragraph 1. The notice shall include details on the person or class of persons concerned, the applicable financial instruments, the relevant quantitative and qualitative measures such as the maximum number of contracts and the value of the gross or open position the person or class of persons in question can enter into, and the reasons thereof.
2012/05/14
Committee: ECON
Amendment 755 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. Before deciding to undertake or renew any measure referred to in paragraph 1, ESMA shall notify relevant competent authorities of the measure it proposes. In case of a request under subparagraph (a) or (b) of paragraph 1 the notification shall include the identity of the person or persons to whom it was addressed and the details and reasons thereof. In case of a measure under subparagraph (c) of paragraph 1 the notification shall include details on the person or class of persons concerned, the applicable financial instruments, the relevant quantitative and qualitative measures such as the maximum number of contracts and the value of the gross or open position the person or class of persons in question can enter into, and the reasons thereof.
2012/05/14
Committee: ECON
Amendment 757 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 10
10. The Commission shall adopt by means of delegated acts in accordance with Article 41 measures specifyingESMA shall submit draft regulatory technical standards specifying the measures, criteria and factors to behat it shall taken into account by ESMA in determining when a threat to the orderly functioning and integrity of financial markets including in relation to delivery arrangements for physical commodities, or the stability of the whole or part of the financial system in the Unionthe circumstances referred to in paragraph 2(a) arise.
2012/05/14
Committee: ECON
Amendment 758 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 10 – subparagraph 1 a (new)
ESMA shall submit those draft regulatory technical standards to the Commission by [31 December 2012]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in paragraph 10 in accordance with Articles 10 to 14 of Regulation (EU) N° 1095/2010.
2012/05/14
Committee: ECON
Amendment 759 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 10 a (new)
10a. For the purpose of effectively carrying its duties in relation to commodities markets and coordinating supervisory activities between the designated national competent authorities with responsibility for those markets, ESMA shall establish a specific commodities division.
2012/05/14
Committee: ECON
Amendment 760 #

2011/0296(COD)

Proposal for a regulation
Article 35 – paragraph 10 b (new)
10b. ESMA shall develop in close coordination with the ESRB and other relevant sectoral supervisors from the Union and third countries draft regulatory technical standards specifying a set of relevant indicators and thresholds required for the monitoring of the characteristics of underlying commodity markets as well as the details of the granular and aggregate information to be provided by market participants, Regulated markets, MTF, OTFs, OTC dealers and trade repositories authorized under Regulation [EMIR] to the relevant competent authorities, ESMA and the ESRB. These indicators shall in particular be used by competent authorities and the ESMA division on commodities to proceed to a regular and granular in-depth review of patterns of production, consumption, intermediation, transportation, estimated and official levels of inventories including prepaid contracts, spared capacities, long- term supply and demand trends of underlying commodity markets as well as market volatility and correlation patterns with other assets and classes of assets. ESMA shall submit drafts for those regulatory technical standards to the Commission by [31 December 2012]. Power is delegated to the Commission to adopt regulatory technical standards referred to in paragraph 2 in accordance with Articles 10 to 14 of Regulation (EU) N° 1095/2010.
2012/05/14
Committee: ECON
Amendment 796 #

2011/0296(COD)

Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2 – point e a (new)
(ea) the third country applies reciprocal access conditions for EU-based investment firm and a mutual recognition regime has been implemented in that third country.
2012/05/14
Committee: ECON
Amendment 821 #

2011/0296(COD)

Proposal for a regulation
Article 45 – paragraph 2
2. The Commission may adopt by means of delegated acts in accordance with Article 41 measures specifying an extension to the period of application of paragraph 2, taking into account the equivalence decisions already adopted by the Commission in accordance with Article 37 and expected developments in the regulatory and supervisory framework of third countries.
2012/05/14
Committee: ECON
Amendment 823 #

2011/0296(COD)

Proposal for a regulation
Article 46 – paragraph 2
This Regulation shall apply from [124 months after the entry into force of this Regulation], except for Articles 2(3), 4(3), 6(2), 8(4), 10(2), 11(2), 12(2), 13(7), 14(5), 14(6), 16(3), 18(2,), 18(3), 19(3), 20(3), 23(8), 24(5), 26, 28(6), 29(6), 30(3), 31, 32, 33, 34 and 35, which shall apply immediately following the entry into force of this Regulation.
2012/05/14
Committee: ECON
Amendment 105 #

2011/0295(COD)

Proposal for a regulation
Recital 27
(27) Insider lists are an important tool for regulators when investigating possible market abuse, but national differences in regards to data to be included in those lists impose unnecessary administrative burdens on issuers. Data fields required for insider lists should therefore be uniform in order to reduce those costs. The requirement to keep and constantly update insider lists imposes administrative burdens specifically on issuers on SME growth markets. As competent authorities are able to exercise effective market abuse supervision without having those lists available at all times for those issuers they should be exempt from this obligation in order to reduce the administrative costs imposed by this RegulationIt is also important that persons included on insider lists are informed of that fact and its implications under this Directive and Regulation [MAR]. Since such persons have access to inside information, it should further more be an obligation under this Directive for them to disclose any information they have of actual potential market abuse.
2012/05/11
Committee: ECON
Amendment 109 #

2011/0295(COD)

Proposal for a regulation
Recital 28
(28) Greater transparency of transactions conducted by persons discharging managerial responsibilities at the issuer level and, where applicable, persons closely associated with them, constitutes a preventive measure against market abuse. The publication of those transactions on at least an individual basis can also be a highly valuable source of information to investors. It is necessary to clarify that the obligation to publish those managers' transactions also includes the pledging or lending of financial instruments and also transactions by another person exercising discretion for the manager. In order to ensure an appropriate balance between the level of transparency and the number of reports notified to competent authorities and the public, a uniform threshold should be introduced in this Regulation below which transactions shall not be notified.
2012/05/11
Committee: ECON
Amendment 120 #

2011/0295(COD)

Proposal for a regulation
Recital 35
(35) Therefore, as well as providing regulators with effective supervisory tools and powers, a set of administrative measures, sanctions and fines should be laid down to ensure a common approach in Member States and to enhance their deterrent effect. Administrative fines should take into account factors such as the disgorgement of any identified financial benefit, the gravity and duration of the breach, any aggravating or mitigating factors, the need for fines to have a deterrent effectimpact of the breach on third parties and the orderly functioning of markets, the need for fines to have a deterrent effect and prevent repeated breaches, including the possibility of permanent disbarment from functions within investment firms or market operators, and, where appropriate, include a discount for cooperation with the competent authority. The adoption and publication of sanctions should respect fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, in particular the right to respect for private and family life (Article 7), the right to the protection of personal data (Article 8) and the right to an effective remedy and to a fair trial (Article 47).
2012/05/11
Committee: ECON
Amendment 125 #

2011/0295(COD)

Proposal for a regulation
Recital 48
(48) The provisions of Directive 2003/6/EC being no longer relevant and sufficient, that Directive should be repealed from [24 months after entry into force of this Regulation]...]*.The requirements and prohibitions of this Regulation are strictly related to those in the MiFD, therefore they should enter in to application on the date of entry into application of the MiFID review. ____________ * OJ: please insert date: 12months after the date of entry into force of this Regulation.
2012/05/11
Committee: ECON
Amendment 136 #

2011/0295(COD)

Proposal for a regulation
Article 2 – paragraph 4 a (new)
4 a. ESMA shall publish and maintain a list setting out the instruments referred to in paragraph 1 points (a) and (b) and the regulated markets, MTFs and OTFs on which they are traded. An instrument or venue that is not on the list may nonetheless be subject to this regulation.
2012/05/11
Committee: ECON
Amendment 187 #

2011/0295(COD)

Proposal for a regulation
Article 7 – paragraph 3 a (new)
3 a. The use or onward disclosure of the recommendations or inducements referred to in paragraph 3 amounts to insider dealing when the person using or disclosing the recommendation or inducement knows or ought to know, that it is based on inside information.
2012/05/11
Committee: ECON
Amendment 232 #

2011/0295(COD)

Proposal for a regulation
Article 8 – paragraph 3 – introductory part
3. The following behaviour shall be considered, inter alia, as market manipulation or attempts to engage in market manipulation:
2012/05/11
Committee: ECON
Amendment 240 #

2011/0295(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c – introductory part
(c) the sendplacing of orders to a trading venue, including any cancellation or modification thereof, generally within a short period by means of algorithmic trading, including high frequency trading, without an intention to trade but for the purpose of strategies, which notably consists in at least one of the following:
2012/05/11
Committee: ECON
Amendment 246 #

2011/0295(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c – indent 1
– disrupting or delaying the functioning of the trading system of the trading venue, or which is likely to do so;
2012/05/11
Committee: ECON
Amendment 248 #

2011/0295(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c – indent 2
– making it more difficult for other persons to identify genuine orders on the trading system of the trading venue; or which is likely to do so notably by entering orders which result in the overloading or destabilisation of the order book;
2012/05/11
Committee: ECON
Amendment 250 #

2011/0295(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c – indent 3
– creating, or likely to create, a false or misleading impression about the supply of or demand for, or price of a financial instrument, notably by entering orders to initiate or exacerbate a trend.
2012/05/11
Committee: ECON
Amendment 263 #

2011/0295(COD)

Proposal for a regulation
Article 10 a (new)
Article 10 a Abusive order entry 1. Operators of trading venues shall have in place rules to avoid abusive order entry. Those rules shall provide that market participants that make more than a 10:1 ratio of orders to transactions pay an additional fee. The amount of the fee shall be established by the operator of the trading venue. Those rules shall ensure that the ratio of orders to transactions does not exceed a maximum limit, which shall not be more than 50:1, to be set taking into account the capacity of venue's systems and the interests of orderly trading for all participants. 2. ESMA shall develop draft implementing technical standards to determine the methodology to be used in setting the fees referred to in the first subparagraph of paragraph 1 and the maximum limit referred to in the second subparagraph of paragraph . ESMA shall submit the draft implementing technical standards referred to in the first subparagraph to the Commission by [...]. Power is conferred to the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation 1095/2010.
2012/05/11
Committee: ECON
Amendment 265 #

2011/0295(COD)

Proposal for a regulation
Article 11 – paragraph 1 a (new)
1 a. Any person who operates the business of a trading venue shall adopt and maintain effective arrangements and procedures to exchange information with operators of the trading venues with significant liquidity in the same or closely related instruments aimed at preventing and detecting market abuse across such venues.
2012/05/11
Committee: ECON
Amendment 269 #

2011/0295(COD)

Proposal for a regulation
Article 11 – paragraph 2 a (new)
2 a. ESMA and the national competent authority shall provide one or more secure communication channel for persons to provide notification of market abuse. Such channels shall ensure that the identity of persons providing information is known only to ESMA or the national competent authority.
2012/05/11
Committee: ECON
Amendment 271 #

2011/0295(COD)

Proposal for a regulation
Article 11 – paragraph 2 b (new)
2 b. Any person included on an insider list that becomes aware of activities that might constitute insider dealing, market manipulation or an attempt to engage in market manipulation or insider dealing shall report such information through the channels referred to in paragraph 2 and paragraph 2a.
2012/05/11
Committee: ECON
Amendment 281 #

2011/0295(COD)

Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2
Where an issuer of a financial instrument or emission allowance market participant hasintends to delayed the disclosure of inside information under this paragraph it shall inform the competent authority of that disclosure of the information was delayed immediatintention and provide sufficient information to justify the necessity of the delay according to the criteria set out in paragraph 5. In the event that the competent authority does not permit the delay afterin accordance with paragraph 5, the information ishall be disclosed to the publicimmediately after the refusal has been communicated.
2012/05/11
Committee: ECON
Amendment 285 #

2011/0295(COD)

Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2
Thate decision to grant or withhold permission shall be communicated in writing. The competent authority shall ensure that the delay is only for such period as is necessary in the public interest.
2012/05/11
Committee: ECON
Amendment 289 #

2011/0295(COD)

Proposal for a regulation
Article 12 – paragraph 6
6. Where an issuer of a financial instrument or an emission allowance market participant, not exempted pursuant to the second subparagraph of paragraph 2 of Article 12, or a person acting on his behalf or for his account, discloses any inside information to any third party in the normal exercise of his duties resulting from employment or profession, as referred to in Article 7(4), he must make complete and effective public disclosure of that information, simultaneously in the case of an intentional disclosure, and promptly in the case of a non-intentional disclosure. This paragraph shall not apply if the person receiving the information owes a duty of confidentiality which effectively prevents that person from disclosing the relevant information to another third party, regardless of whether such duty is based on a law, on regulations, on articles of association, or on a contract.
2012/05/11
Committee: ECON
Amendment 300 #

2011/0295(COD)

Proposal for a regulation
Article 13 – paragraph 1 – indent 1 a (new)
- notify persons included on such lists of their inclusion and the implications of that fact regarding the application of this Regulation
2012/05/11
Committee: ECON
Amendment 302 #

2011/0295(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Issuers of a financial instrument whose financial instruments are admitted to trading on an SME growth market shall be exempt from drawing up such a list. However, if requested to do so by the competent authority as part of the exercise of its supervisory or investigatory functions, that issuer shall provide the competent authority with a list identifying those persons working for them with access to inside information.deleted
2012/05/11
Committee: ECON
Amendment 306 #

2011/0295(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. This Article shall not apply to issuers who have not requested or approved admission of their financial instruments to trading on a regulated market in a Member State or, in the case of an instrument only traded on a MTF or an OTF, have not requested or approved trading of their financial instruments on a MTF or an OTF in a Member State.deleted
2012/05/11
Committee: ECON
Amendment 315 #

2011/0295(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Paragraph 1 shall not apply to transactions totalling under EUR 20,000 over the period of a calendar year.deleted
2012/05/11
Committee: ECON
Amendment 322 #

2011/0295(COD)

Proposal for a regulation
Article 14 – paragraph 4 a (new)
4 a. A person discharging managerial responsibilities within an issuer of a financial instrument shall not conduct any transactions on his or her own account relating to the shares of that issuer or to derivatives or other financial instruments linked to them outside a trading window of one week following the disclosure of quarterly or annual reports.
2012/05/11
Committee: ECON
Amendment 328 #

2011/0295(COD)

Proposal for a regulation
Article 15 – paragraph 1 a (new)
1 a. Where the persons referred to in paragraph 1 trade on their own account in instruments for which they give the advice referred to in paragraph 1, competent authorities may request such information as they deem necessary information from such persons and, where appropriate, other competent authorities in order to determine whether the advice is compliant with the requirements under paragraph 1.
2012/05/11
Committee: ECON
Amendment 352 #

2011/0295(COD)

Proposal for a regulation
Article 17 a (new)
Article 17 a Cross-market order-book surveillance 1. For any financial instrument admitted to trading on a regulated market or an MTF, the competent authority of the Member State which is the most relevant market in terms of liquidity within the meaning of Article 23 [of MIFIR] shall have the power to conduct cross-market supervision of market manipulation conducted through order-book activity. 2. Operators of regulated markets and MTFs shall provide order-book data regarding financial instruments that are actively traded on that regulated market or MTF to their home Member State competent authority. Where that competent authority is not the competent authority referred to in paragraph 1, it shall make the necessary arrangements to consolidate and forward the corresponding order-book data to the competent authority referred to in paragraph 1. In any event, the home Member State competent authority of the regulated markets or MTF shall remain responsible for ensuring that regulated markets and MTFs under its supervision report orders in compliance with applicable data standards. 3. The order-book data referred to in paragraph 2 shall be clear, precise and appropriately detailed so as to allow the competent authorities to perform cross- market supervision pursuant to paragraph 1. Such data shall include the following: (a) the identification code of the member which transmitted the order to the regulated market or MTF; (b) the identification of the financial instrument; (c) the date and time (with milliseconds) on which the order was transmitted to the regulated market or MTF; (d) the characteristics of the order including in particular: - the buy / sell indicator; - the initial and remaining / outstanding quantity (taking into account any partial execution(s) or event(s) affecting the order), both displayed and hidden; - the type of the order (e.g., market, limit, stop); - the limit price (if applicable); - the validity period as specified by the market participant (e.g., end of day, good till cancelled, any specified date and time, next closing); - any condition(s) for the order to be executed (e.g., minimum executable size, stop price); (e) date and time (with milliseconds) of any event affecting those characteristics; (f) type of event which resulted in a change of these characteristics (e.g., modification of characteristics by the market participant, cancellation, partial (or full) execution, market interruption, stop trigger); (g) the identification code of the order; (h) whether the order is entered by the market member (of the regulated market and where available the MTF) on own account (principal capacity) or on behalf of a third party (agent capacity). That information shall be provided for every characteristic validity period of the order, defined as a period of time during which the characteristics listed in point (d) remain the same and are not affected by any event. For the avoidance of doubt, that information shall include for each characteristic validity period its start date / time (with milliseconds), end date / time (with milliseconds) and the type of event which resulted in its ending. 4. The competent authority referred to in paragraph 1 shall make order-book data available to any other competent authority on its request. 5. ESMA shall develop draft regulatory technical standards in order to define: (a) the list of financial instruments that should be subject to cross-market supervision, the details and the technical specifications for order book data as well as the periodicity in which such data must be provided; (b) the instances where other competent authorities may in accordance with paragraph 4 request order book data from the competent authority of the most relevant market in terms of liquidity. ESMA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by ...*. Power is conferred to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010. 7. By ...* ESMA shall draw up a report assessing the functioning of cross-market order book surveillance including how ESMA could assist and support the execution of this task. ______________ * OJ: please insert date: 24 months after the entry into force of this Regulation.
2012/05/11
Committee: ECON
Amendment 356 #

2011/0295(COD)

Proposal for a regulation
Article 19 a (new)
Article 19 a Resolution of disagreements between competent authorities Where a competent authority disagrees about the procedure or content of an action or inaction of another competent authority of another Member State related to any provisions of that Regulation or of the Directive (EU) No .../... [MAD], ESMA may act in accordance with Article 19 of Regulation (EU) No 1095/2010;
2012/05/11
Committee: ECON
Amendment 370 #

2011/0295(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point f
(f) temporary or permanent prohibition of an activity;
2012/05/11
Committee: ECON
Amendment 371 #

2011/0295(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point h
(h) a temporary or permanent ban against any member of an investment firm's body or any other natural person, who is held responsible, to exercise functions in investment firms;. Where such a person has committed a breach of the provisions on insider trading or market manipulation, they will be prohibited for two years from trading on a trading venue subject to this regulation. Where such a person has been previously subject to sanctions for insider trading or market manipulation, they shall be permanently prohibited from trading on a trading venue subject to this regulation.
2012/05/11
Committee: ECON
Amendment 373 #

2011/0295(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point k
(k) administrative pecuniary sanctions of up to twiceen times the amount of the profits gained or losses avoided because of the breach where those can be determined;
2012/05/11
Committee: ECON
Amendment 376 #

2011/0295(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point l
(l) without prejudice to point (k), in respect of a natural person, administrative pecuniary sanctions of up tothe greater of - three times their total annual remuneration or - [EUR 5 000 000], or in the Member States where the Euro is not the official currency, the corresponding value in the national currency on the date of entry to force of this Regulation;
2012/05/11
Committee: ECON
Amendment 379 #

2011/0295(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point m
(m) without prejudice to point (k), in respect of a legal person, administrative pecuniary sanctions of up to 120 % of its total annual turnover in the preceding business year; where the legal person is a subsidiary of a parent undertaking [as defined in Articles 1 and 2 of Directive 83/349/EEC], the relevant total annual turnover shall be the total annual turnover resulting from the consolidated account of the ultimate parent undertaking in the preceding business year.
2012/05/11
Committee: ECON
Amendment 380 #

2011/0295(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. Competent authorities may have other sanctioning powers in addition to those referred to in paragraph 2 and may provide for higher levels of administrative pecuniary sanctions than those established in that paragraph. In setting levels of administrative pecuniary sanctions above those established in paragraph 2, competent authorities may take into consideration the extent to which a breach of one or more of the requirements of this Regulation has negatively impacted the functioning of markets, the financial positions of participants in those markets and broader economic, social and environmental interests.
2012/05/11
Committee: ECON
Amendment 381 #

2011/0295(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. Every administrative measure and sanction imposed for breach of this Regulation shall be published without undue delay, including at least information on the type and nature of the breach and the identity of persons responsible for it, unless such publication would seriously jeopardise the stability of financial markets. Where publication would cause disproportionate damage to the partienatural persons involved, competent authorities shall publish the measures and sanctions against such natural persons on an anonymous basis.
2012/05/11
Committee: ECON
Amendment 382 #

2011/0295(COD)

Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 – introductory part
When determining the type of administrative measures and sanctions and level of fines, competent authorities shall take into account all relevant circumstances, including:
2012/05/11
Committee: ECON
Amendment 386 #

2011/0295(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. In order to ensure their consistent application and dissuasive effect across the Union, ESMA shall issue guidelines addressed to competent authorities in accordance with Article 16 of Regulation No (EU) 1095/2010 on types of administrative measures and sanctions and level of fines.
2012/05/11
Committee: ECON
Amendment 387 #

2011/0295(COD)

Proposal for a regulation
Article 29 – paragraph 1 – introductory part
1. Member States shall put in place effective mechanisms to supplement those referred to in Article 11(2 a) (new) to encourage reporting of breaches of this Regulation to competent authorities, including at least:
2012/05/11
Committee: ECON
Amendment 397 #

2011/0295(COD)

Proposal for a regulation
Article 34 – paragraph 1
Directive 2003/6/EC shall be repealed with effect from [124 months after entry into force of this Regulation]. References to Directive 2003/6/EC shall be construed as references to this Regulation.
2012/05/11
Committee: ECON
Amendment 400 #

2011/0295(COD)

Proposal for a regulation
Article 36 – paragraph 2 – subparagraph 1
It shall apply from [124 months after entry into force of this Regulation] except for Articles 3(2), , 8(5), 11(3), 12(9), 13(4), 13(6), 14(5), 14(6), 15(3), 18(9), 19(9), 28(3) and 29(3) which shall apply immediately following the entry into force of this Regulation.
2012/05/11
Committee: ECON
Amendment 15 #

2011/0261(CNS)

Proposal for a directive
Recital 1 a (new)
(1a) The revenue collected from the FTT should contribute to the provision of global public goods such as development cooperation and the fight against climate change.
2012/03/01
Committee: IMCO
Amendment 23 #

2011/0261(CNS)

Proposal for a directive
Recital 10
(10) In order to allow for the taxable amount to be determined as easily as possible so as to limit costs for businesses and for tax administrations, in the case of financial transactions other than those related to derivatives agreements reference should be made normally to the consideration granted in the context of the transaction. Where no consideration is granted or where the consideration granted is lower than the market price, the latter should be referred to as a fair reflection of the value of the transaction. Equally for reasons of ease of calculation, the notional amount should be used where derivatives agreements are purchased/sold, transferred, concluded or modifiedAs for derivatives agreements, the taxable amount should be computed on a risk- based analysis of the contract. The tax base should be supervised on a continuous basis and the European Central Bank should be asked for advice in annually adjusting the tax base to guarantee that the tax burden for derivative contracts is at least as high as from a direct investment into the underlying assets.
2012/03/01
Committee: IMCO
Amendment 25 #

2011/0261(CNS)

Proposal for a directive
Recital 1 a (new)
(1a) The revenue collected should contribute to the provision of global public goods such as development cooperation and the fight against climate change.
2012/03/08
Committee: ECON
Amendment 25 #

2011/0261(CNS)

Proposal for a directive
Recital 13
(13) Because of the high mobility of financial transactions and in order to help mitigating potential tax avoidance, the FTT should be applied on the basis of the residence principle, complemented by the issuance and ownership principles.
2012/03/01
Committee: IMCO
Amendment 30 #

2011/0261(CNS)

Proposal for a directive
Recital 18 a (new)
(18a) In case no agreement amongst the EU 27 is found by 1 September 2012, Member States willing to implement the FTT should advance by formally requesting enhanced cooperation in accordance with the Article 329 TFEU. The European Parliament should give its consent speedily, under the condition that the Member States in question commit to adopt in accordance with the Article 333 (2) TFEU a decision stipulating that they will act under the ordinary legislative procedure.
2012/03/01
Committee: IMCO
Amendment 31 #

2011/0261(CNS)

Proposal for a directive
Article 1 – paragraph 2
2. This Directive shall apply to all financial transactions, including spot currency transactions, on condition that at least one party to the transaction is established in a Member State and that a financial institution established in the territory of a Member State is party to the transaction, acting either for its own account or for the account of another person, or is acting in the name of a party to the transaction.
2012/03/01
Committee: IMCO
Amendment 33 #

2011/0261(CNS)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2a. A tax of 0, 1% shall apply to cancelled financial transactions if on average per trading day the number of cancelled financial transactions exceeds 15 times the number of executed financial transactions.
2012/03/01
Committee: IMCO
Amendment 34 #

2011/0261(CNS)

Proposal for a directive
Recital 2 a (new)
(2a) The Commission should establish an expert level Working Group (FTT Committee) including representatives from the Member States that supervises the application of this directive. Member States should appoint bodies and sufficiently configurate them with competences to take immediate counter actions in case of abuse. The FTT Committee should supervise financial transactions in order to detect schemes of avoidance, propose countermeasures in a duly manner and coordinate their implementation on national level if necessary
2012/03/08
Committee: ECON
Amendment 38 #

2011/0261(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
(ea) ) it is party to a financial transaction in relation to a financial instrument issued within the territory of a Member State or the Union.
2012/03/01
Committee: IMCO
Amendment 39 #

2011/0261(CNS)

Proposal for a directive
Article 3 a (new)
Article 3a Issuance Principle 1. For the purposes of this Directive a financial instrument is deemed to be issued within the territory of a Member State or the Union where it is issued by a legal entity that is registered in a Member State. 2. In the case of a derivatives agreement, the condition of issuance within the territory of a Member State or the Union is fulfilled where the reference or underlying instrument is issued by a legal entity which is registered in a Member State. 3. In the case of a structured instrument, the condition of issuance within the territory of a Member State or the Union is fulfilled when the structured instrument is based on or backed by a significant proportion of assets or financial instruments and derivatives with reference to financial instruments is issued by a legal entity which is registered in a Member State.
2012/03/01
Committee: IMCO
Amendment 40 #

2011/0261(CNS)

Proposal for a directive
Article 3 b (new)
Article 3b Ownership Principle 1. A financial transaction in relation to which no FTT has been levied shall be deemed legally unenforceable and shall not result in a transfer of legal title of the underlying instrument. 2. A financial transaction referred to in paragraph 1 of this Article shall not be eligible for central clearing under the Regulation (EU) No .../2012 of the European Parliament and the Council of ... on OTC derivatives, central counterparties and trade repositories [EMIR] nor be eligible to fulfil the capital adequacy requirements under the Regulation (EU) No .../2012 of the European Parliament and the Council of ... on prudential requirements for credit institutions and investment firms [CRD IV]. 3. In the case of automatic electronic payment schemes with or without the participation of payment settlement agents, revenue authorities of a Member State may establish a system of automatic electronic collection of the FTT and certificates of transferring of legal titles.
2012/03/01
Committee: IMCO
Amendment 41 #

2011/0261(CNS)

Proposal for a directive
Article 6 – paragraph 1
In the case of financial transactions referred to in point 1(c) of Article 2(1) and, in respect of derivative agreements, in points 1(a) and 1(b) of Article 2(1), the taxable amount of the FTT shall be the notional amount of the derivatives agreement at the time of the financial transactionshall be computed on a risk-based analysis of the contract. The tax base shall be supervised on a continuous basis and the European Central Bank shall be asked for advice in annually adjusting the tax base to guarantee that the tax burden for derivative contracts is at least as high as from a direct investment into the underlying assets.
2012/03/01
Committee: IMCO
Amendment 45 #

2011/0261(CNS)

Proposal for a directive
Recital 10
(10) In order to allow for the taxable amount to be determined as easily as possible so as to limit costs for businesses and for tax administrations, in the case of financial transactions other than those related to derivatives agreements reference should be made normally to the consideration granted in the context of the transaction. Where no consideration is granted or where the consideration granted is lower than the market price, the latter should be referred to as a fair reflection of the value of the transaction. Equally for reasons of ease of calculation, the notional amount should be used where derivatives agreements are purchased/sold, transferred, concluded or modifiedAs for derivatives agreements, the taxable amount should be computed on a risk- based analysis of the contract. The tax base should be supervised on a continuous basis and the European Central Bank should be asked for advice in annually adjusting the tax base to guarantee that the tax burden for derivative contracts is at least as high as from a direct investment into the underlying assets.
2012/03/08
Committee: ECON
Amendment 46 #

2011/0261(CNS)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point b
(b) 0.01% in respect of financial transactions referred to in Article 6.
2012/03/01
Committee: IMCO
Amendment 50 #

2011/0261(CNS)

Proposal for a directive
Article 9 – paragraph 4 a (new)
4a. A financial transaction in relation to which no FTT has been levied shall be deemed legally unenforceable and shall not result in the transfer of legal title of the underlying asset.
2012/03/01
Committee: IMCO
Amendment 51 #

2011/0261(CNS)

Proposal for a directive
Recital 13
(13) Because of the high mobility of financial transactions and in order to help mitigating potential tax avoidance, the FTT should be applied on the basis of the residence principle, complemented by the issuance and ownership principles.
2012/03/08
Committee: ECON
Amendment 53 #

2011/0261(CNS)

Proposal for a directive
Article 12 a (new)
Article 12a Enhanced Cooperation In case no agreement amongst the EU 27 is found by 1 September 2012, Member States willing to implement the FTT shall advance by formally requesting enhanced cooperation in accordance with the Article 329 TFEU. The European Parliament shall give its consent speedily, under the condition that the Member States in question commit to adopt in accordance with Article 333 (2) TFEU a decision stipulating that they will act under the ordinary legislative procedure
2012/03/01
Committee: IMCO
Amendment 68 #

2011/0261(CNS)

Proposal for a directive
Recital 18 a (new)
(18a) In case no agreement amongst the EU 27 is found by September 1st 2012, Member States willing to implement the FTT should advance by formally requesting enhanced cooperation under TFEU article 329. The EP should give its consent speedily, under the condition that the Member States commit to invoking TFEU article 333 paragraph 2 to adopt a decision stipulating that they will act under the ordinary legislative procedure.
2012/03/08
Committee: ECON
Amendment 71 #

2011/0261(CNS)

Proposal for a directive
Article 1 – paragraph 2
2. This Directive shall apply to all financial transactions, onin accordance with Article 3, subject to the following condition thats: (a) at least one party to the transaction is established in a Member State and that a financial institution established in the territory of a Member State is party to the transaction, acting either for its own account or for the account of another person, or is acting in the name of a party to the transaction or (b) the transaction involves a financial instrument issued by legal entities registered in the Union.
2012/03/08
Committee: ECON
Amendment 72 #

2011/0261(CNS)

Proposal for a directive
Article 1 – paragraph 2
2. This Directive shall apply to all financial transactions, including spot currency transactions, on condition that at least one party to the transaction is established in a Member State and that a financial institution established in the territory of a Member State is party to the transaction, acting either for its own account or for the account of another person, or is acting in the name of a party to the transaction.
2012/03/08
Committee: ECON
Amendment 115 #

2011/0261(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
(ea) it is party to a financial transaction in relation to a financial instrument issued within the territory of Member States.
2012/03/08
Committee: ECON
Amendment 116 #

2011/0261(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point e b (new)
(eb) it is party to a financial transaction for the account of, or acts in the name of, a third party established in that Member State pursuant to points (a), (b), (c) or (d);
2012/03/08
Committee: ECON
Amendment 118 #

2011/0261(CNS)

Proposal for a directive
Article 3 a (new)
Article 3 a Issuance Principle 1. For the purposes of this Directive a financial instrument is deemed to be issued within the territory of a Member State or the Union where it is issued by a legal entity that is registered in a Member State. 2. In the case of a derivative, the condition of issuance within the territory of a Member State or the Union is fulfilled where the reference or underlying instrument is issued by a legal entity that is registered in a Member State. 3. In the case of a structured instrument, the condition of issuance within the territory of a Member State or the Union is fulfilled when the structured instrument is based on or backed by a significant proportion of assets or financial instruments and derivatives with reference to financial instruments is issued by a legal entity that is registered in a Member State.
2012/03/08
Committee: ECON
Amendment 120 #

2011/0261(CNS)

Proposal for a directive
Article 3 b (new)
Article 3 b Ownership Principle 1. A financial transaction in relation to which no FTT has been levied shall be deemed legally unenforceable and shall not result in a transfer of legal title of the underlying instrument. 2. A financial transaction under paragraph 1 shall not be eligible for central clearing under the provisions of Regulation (EU) No .../2012 of the European Parliament and of the Council of ... on OTC derivatives, central counterparties and trade repositories [EMIR] nor be eligible to fulfil the capital adequacy requirements under Regulation (EU) No .../2012 of the European Parliament and the Council of ... on prudential requirements for credit institutions and investment firms [CRD IV]. 3. In the case of automatic electronic payment schemes with or without the participation of payment settlement agents, revenue authorities of a Member State may establish a system of automatic electronic collection of the tax and certificates of transferring of legal titles.
2012/03/08
Committee: ECON
Amendment 124 #

2011/0261(CNS)

Proposal for a directive
Article 6 – paragraph 1
In the case of financial transactions referred to in point 1(c) of Article 2(1) and, in respect of derivative agreements, in points 1(a) and 1(b) of Article 2(1), the taxable amount of the FTT shall be the notional amount of the derivatives agreement at the time of the financial transactionshall be computed on a risk-based analysis of the contract. The tax base shall be supervised on a continuous basis and the European Central Bank shall be asked for advice in annually adjusting the tax base to guarantee that the tax burden for derivative contracts is at least as high as from a direct investment into the underlying assets.
2012/03/08
Committee: ECON
Amendment 133 #

2011/0261(CNS)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point b
(b) 0.01% in respect of financial transactions referred to in Article 6.
2012/03/08
Committee: ECON
Amendment 138 #

2011/0261(CNS)

Proposal for a directive
Article 8 – paragraph 3 a (new)
3a. A tax of 0.1% shall apply to cancelled transaction orders if on average per trading day the number of cancelled transaction orders exceeds 15 times the number of executed transaction orders.
2012/03/08
Committee: ECON
Amendment 147 #

2011/0261(CNS)

Proposal for a directive
Article 9 – paragraph 4 a (new)
4a. A financial transaction in relation to which no FTT has been levied shall be deemed legally unenforceable and shall not result in the transfer of legal title of the underlying asset.
2012/03/08
Committee: ECON
Amendment 158 #

2011/0261(CNS)

Proposal for a directive
Article 11 – paragraph 1 a (new)
1a. The Commission shall establish an expert level Working Group (FTT Committee) including representatives from the Member States that supervises the application of this directive. Member States shall appoint bodies and sufficiently configurate them with competences to take immediate counter actions in case of abuse. The FTT Committee shall supervise financial transactions in order to detect schemes of avoidance, propose countermeasures in a duly manner and coordinate their implementation on national level if necessary.
2012/03/08
Committee: ECON
Amendment 167 #

2011/0261(CNS)

Proposal for a directive
Article 12 a (new)
Article 12a Enhanced Cooperation In case no agreement amongst the EU 27 is found by September 1st 2012, Member States willing to implement the FTT shall advance by formally requesting enhanced cooperation under Article 329 of TFEU . The European Parliament shall give its consent speedily, under the condition that the Member States commit to invoking Article 333(2) of TFEU to adopt a decision stipulating that they will act under the ordinary legislative procedure.
2012/03/08
Committee: ECON
Amendment 168 #

2011/0261(CNS)

Proposal for a directive
Article 12 b (new)
Article 12 b General Anti-Abuse Rule Any artificial step included in a transaction or series of transactions for the sole or main purpose of avoiding a liability to financial transaction tax, or which has that effect without other significant commercial benefit arising, shall be ignored for the purposes of computing liabilities to financial transaction taxes, and the transaction shall be taxed as if it were within the scope of this Directive, with liability falling due for payment of that financial transaction tax upon any party related to the entity seeking to avoid the financial transaction tax liability, that shall be resident for the purposes of any tax within the Union. Financial transactions carried out by institutions not covered by Article 2 for the sole purpose of avoiding financial transaction taxation shall be taxed as if the institution was covered by the scope of this Directive.
2012/03/08
Committee: ECON
Amendment 31 #

2011/0058(CNS)

Proposal for a directive
Recital 15
(15) Taxpayers should be allowed to carry losses forward indefinitelyfor five years, but no loss carry-back should be allowed. SinceLoss carry- forward of losses is intended to ensure that a taxpayer pays tax on its real income, there is no reason to place a time limit on carry forward. Loss carry back is relatively rare in the practice of the Member States, and leads to excessive complexity back is relatively rare in the practice of the Member States, and leads to excessive complexity. There should be no carry forward of losses incurred prior to the entry into force of this Directive.
2011/12/15
Committee: IMCO
Amendment 34 #

2011/0058(CNS)

Proposal for a directive
Recital 21 a (new)
(21a) As a new own resource and part of the drive towards fiscal union, and to enable reinforced solidarity with economically weaker regions, this Directive should establish a Union wide- corporation tax with a rate of 5% for companies not subject to Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises1. ____________ 1 OJ L 124, 20.5.2003, p. 36.
2011/12/15
Committee: IMCO
Amendment 41 #

2011/0058(CNS)

Proposal for a directive
Article 1
This Directive establishes a system for a common base for the taxation of certain companies and groups of companies and, lays down rules relating to the calculation and use of that base and establishes a minimum aggregate corporate tax rate of 15 % by 2013, 20 % by 2015 and 25 % by 2017 for all Member States.
2011/12/15
Committee: IMCO
Amendment 42 #

2011/0058(CNS)

Proposal for a directive
Article 1 – paragraph 1 a (new)
This Directive establishes a Union-wide corporation tax with a rate of 5% for companies not subject to Recommendation 2003/361/EC, the revenue of which constitutes an additional own resource, applicable from the date of entry into force of this Directive.
2011/12/15
Committee: IMCO
Amendment 44 #

2011/0058(CNS)

Proposal for a directive
Article 2 – title
Eligible companiesCompanies subject to this Directive
2011/12/15
Committee: IMCO
Amendment 49 #

2011/0058(CNS)

Proposal for a directive
Article 4 – point 1
(1) ‘taxpayer’ means a company which shall or has opted to apply, the system provided for by this Directive;
2011/12/15
Committee: IMCO
Amendment 51 #

2011/0058(CNS)

Proposal for a directive
Article 4 – point 3
(3) ‘non-taxpayer’ means a company which is ineligible to optnot obliged to apply or has not opted to apply the system provided for by this Directive;
2011/12/15
Committee: IMCO
Amendment 54 #

2011/0058(CNS)

Proposal for a directive
Article 6 – paragraph -1 (new)
-1. A company not subject to Recommendation 2003/361/EC to which this Directive applies which is resident for tax purposes in a Member State shall apply the system provided for by this Directive under the conditions provided for therein.
2011/12/15
Committee: IMCO
Amendment 56 #

2011/0058(CNS)

Proposal for a directive
Article 6 – paragraph 1
1. A company subject to Recommendation 2003/361/EC to which this Directive applies which is resident for tax purposes in a Member State may opt for the system provided for by this Directive under the conditions provided for therein.
2011/12/15
Committee: IMCO
Amendment 62 #

2011/0058(CNS)

Proposal for a directive
Article 11 – paragraph 1 – point c
(c) received profit distributions;deleted
2011/12/15
Committee: IMCO
Amendment 72 #

2011/0058(CNS)

Proposal for a directive
Article 48
Where a taxpayer incurred losses before opting into the system provided for by this Directive which could be carried forward under the applicable national law but had not yet been set off against taxable profits, those losses may be deducted from the tax base to the extent provided for under that national law.Article 48 deleted Pre-entry losses
2011/12/15
Committee: IMCO
Amendment 79 #

2011/0058(CNS)

Proposal for a directive
Article 57 – paragraph 2 a (new)
2a. Consolidation shall not take into account the years before the entry into force of this directive. Losses incurred before the entry into force of this directive cannot be consolidated.
2011/12/15
Committee: IMCO
Amendment 81 #

2011/0058(CNS)

Proposal for a directive
Article 57 a (new)
Article 57a Carry-forward of losses Losses cannot be carried forward more than 5 years
2011/12/15
Committee: IMCO
Amendment 86 #

2011/0058(CNS)

Proposal for a directive
Article 73 – paragraph 1 – point a
(a) a tax on profits, under the general regime in that third country, at a statutory corporate tax rate lower than 4100 % of the average statutory corporate tax rate applicable in the Member States;
2011/12/15
Committee: IMCO
Amendment 8 #

2011/0014(COD)

Proposal for a decision
Recital 6 a (new)
(6a) The Commission and the Council should work towards dissolving the EBRB by 2015 and integrate its value added operations into the EIB, preceded by a significant increase of the EIB ownership of the EBRD between 2012-2015 as called for by the EP in its resolution of 25 March 2009 on the EIB and EBRD annual reports for 20071. 1 OJ C 117 E, 6.5.2010, p. 147.
2011/04/20
Committee: ECON
Amendment 16 #

2011/0014(COD)

Proposal for a decision
Article 2 – paragraph 1 a (new)
The Commission shall report yearly to the Parliament and the Council on progress made towards dissolving the EBRB by 2015 and integrating its value added operations into the EIB, preceded by a significant increase of the EIB ownership of the EBRD between 2012-1015 as called for by the EP in its resolution of 25 March 2009 on the EIB and EBRD annual reports for 20071. 1 OJ C 117 E, 6.5.2010, p. 147.
2011/04/20
Committee: ECON
Amendment 17 #

2011/0014(COD)

Proposal for a decision
Article 2 – paragraph 1 b (new)
The EBRD shall provide on its website information about the beneficiaries and impacts of all its financial intermediary operations.
2011/04/20
Committee: ECON
Amendment 18 #

2011/0014(COD)

Proposal for a decision
Article 2 – paragraph 1 c (new)
The EBRD shall by 2012 adopt a strategy for the phasing-out of fossil fuel lending, including its lending for coal-fired power plants by 2015.
2011/04/20
Committee: ECON
Amendment 19 #

2011/0014(COD)

Proposal for a decision
Article 2 – paragraph 1 d (new)
The ERBD shall by 2012 adopt a strategy to significantly increase the transfer of renewable-energy and energy-efficient technologies by 2015.
2011/04/20
Committee: ECON
Amendment 3 #

2010/2303(INI)

Motion for a resolution
Paragraph 3
3. Notes the shortcomings of the prescriptive US Sarbanes-Oxley Act, which failed to protect US institutions during the financial crisis, whilst at the same time increasing compliance costs for all listed companies, in particular SMEs, reducing competitiveness and hampering the creation of new listed companieat the US Sarbanes-Oxley Act turned out to be inappropriate to protect US institutions during the financial crisis;
2011/01/18
Committee: ECON
Amendment 8 #

2010/2303(INI)

Motion for a resolution
Paragraph 5
5. Recognises that while the area of corporate governance is constantly evolving and is therefore ill-suited to a prescriptive approach and that a, flexible 'comply or explain' approaches in the form of codes of best practice is more appropriate; believes that ‘comply or explain’ is proportionate and can be applied across a wide range of financial institutions operating in various sectors and markets, but that it mustguidelines have failed as a useful instrument to avoid the financial crisis and proven to be ineffective; believes that binding rules need to be at the core of corporate governance regulation, to be complemented by soft regular external evaluation and appropriate regulatory oversighttion such as codes of best practices;
2011/01/18
Committee: ECON
Amendment 16 #

2010/2303(INI)

Motion for a resolution
Paragraph 6
6. Calls onRequests that the Commission to submitsubjects every proposal it considers to improve corporate governance to a cost-benefit impact assessment which focuses on the need to keep financial institutions competitive so that the, taking into account the impact of not regulating on financial stability can help deliver economic growthd the real economy;
2011/01/18
Committee: ECON
Amendment 22 #

2010/2303(INI)

Motion for a resolution
Paragraph 8
8. Stresses that risk is intrinsic and necessary in the financial sector in order to foster competitiveness,limited and controlled risk taking can contribute to increaseing liquidity, provideing loans, and delivering economic growth on a long-term basis;
2011/01/18
Committee: ECON
Amendment 22 #

2010/2303(INI)

Draft opinion
Paragraph 6
6. Calls upon the Commission to propose measures concerning mandatory board risk committees and rules on their composition and function; considers that members of the risk committees should devote enough time to their duty to be in a position to really assess the risks of complex financial instruments
2011/02/09
Committee: IMCO
Amendment 23 #

2010/2303(INI)

Motion for a resolution
Paragraph 9
9. Calls for the establishment of mandatory risk committees at board level for all economically significantcross border financial institutions; members of the risk committee shall devote enough time to their duty to be in a position to really assess the risks of complex financial institutions;
2011/01/18
Committee: ECON
Amendment 25 #

2010/2303(INI)

Draft opinion
Paragraph 7
7. Encourages institutional shareholders to engage in a dialogue with financial institutions on improving corporate governance and risk management with a view to the long-term viability of the financial institution; encourages in this respect institutional investors to adhere tobelieves that "comply or explain" approaches in the form of guidelines have failed as a useful instrument to avoid the financial crisis and proven to be ineffective, and that binding rules need to be at the core of corporate governance regulation, to be complemented by soft regulation such as an international code of best practice;
2011/02/09
Committee: IMCO
Amendment 42 #

2010/2303(INI)

Motion for a resolution
Paragraph 14
14. Calls for a rationalisation of currentthe revision of the relevant existing EU legislation with the aim of requiring every institution to publish in its annual report a risk report and a business model setting out the board's approach to overall risk strategy, including its risk tolerance and appetite, risk policy, risk management and internal control systems, including compliance policy, thereby enabling investors and supervisors to assess whether the institution has identified key risks and whether the risk management and internal control systems relating to those risks are adequate;
2011/01/18
Committee: ECON
Amendment 43 #

2010/2303(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. insists that extra-financial risks such as climate change must be part of any risk assessment;
2011/01/18
Committee: ECON
Amendment 48 #

2010/2303(INI)

Motion for a resolution
Paragraph 15
15. Calls on national and EU supervisors, the latter with regard to cross boarder institutions, to develop objective criteria for a "fit and proper person" test by which to assess the suitability of individuals to be added to an "approved persons" list for supervised functions; supervisors must perform their assessments and approvals procedure in a timely and efficient manner;
2011/01/18
Committee: ECON
Amendment 62 #

2010/2303(INI)

Motion for a resolution
Paragraph 18
18. Believes that all non-executive members of unitary or supervisory boards should be of high calibre, that every board should have non-executive members who possess recent and relevant financial industry expertisknowledge, whose role should be complemented by other non-executives with other areas of expertise and experience relevant to the work of the board, that every financial institution should have a board with a diversity of experience, expertise and character and that appointments should be made on merit;
2011/01/18
Committee: ECON
Amendment 68 #

2010/2303(INI)

Motion for a resolution
Paragraph 19
19. Stresses that directors must devote sufficient time to the performance of their duties, which should be monitored by national and EU supervisory bodies;
2011/01/18
Committee: ECON
Amendment 74 #

2010/2303(INI)

Motion for a resolution
Paragraph 20
20. Believes that there should be a basic assumption that no person shouldany person shall not be serveing on more than threone boards of directors of financial institutions;
2011/01/18
Committee: ECON
Amendment 85 #

2010/2303(INI)

Motion for a resolution
Paragraph 22
22. Stresses that properly disclosed share- options with vesting periods of at least three years10 years (and at least three years after leaving the institution) for directors are a useful tool to brin aligning the interests of directors into line with those of the shareholders;
2011/01/18
Committee: ECON
Amendment 87 #

2010/2303(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Suggests banning severance pay in case of non-performance or voluntary departure and that directors' pay on severance pay ('golden parachutes') in case of early termination should not exceed 6 months non variable remuneration;
2011/01/18
Committee: ECON
Amendment 88 #

2010/2303(INI)

Motion for a resolution
Paragraph 22 b (new)
22b. Is of the opinion, for ethical, social and economic reasons, that the difference between the highest and the lowest remuneration in a company should be reasonable; proposes that the directors’ remunerations should not be higher than five times the average remuneration of the 1000 best paid employees of the company;
2011/01/18
Committee: ECON
Amendment 89 #

2010/2303(INI)

Motion for a resolution
Paragraph 22 c (new)
22c. Is of the opinion, that the pay rise of directors should be consistent with the pay rise of employees of the company; proposes that the percentage increase in remuneration of directors should not be higher than the average pay raise of the employees of the company;
2011/01/18
Committee: ECON
Amendment 91 #

2010/2303(INI)

Motion for a resolution
Paragraph 23
23. Notes that the issueWelcomes as a first significant step in the right direction the rules ofn remuneration in financial institutions has been dealt withstipulated in CRD III;
2011/01/18
Committee: ECON
Amendment 97 #

2010/2303(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. stresses that the overall annual remuneration of directors of financial institutions benefiting from state aid should not exceed 500.000 Euros;
2011/01/18
Committee: ECON
Amendment 101 #

2010/2303(INI)

Motion for a resolution
Paragraph 23 b (new)
23b. Considers that for financial institutions, the competent supervision authority should have the right to limit the overall amount of variable remuneration in order to strengthen equity capital;
2011/01/18
Committee: ECON
Amendment 102 #

2010/2303(INI)

Motion for a resolution
Paragraph 23 c (new)
23c. Stresses that financial institutions should have a remuneration committee which should determine the remuneration policy, which must be independent and accountable to shareholders and supervisors and should work closely with the firm's risk committee in the evaluation of the incentives created by the compensation system as well as with the trade unions' representatives;
2011/01/18
Committee: ECON
Amendment 106 #

2010/2303(INI)

Motion for a resolution
Paragraph 23 d (new)
23d. Believes that the chair and the members of the remuneration committee must be members of the management body who do not perform any executive functions in the financial institution or the listed company concerned and who are not directors of other companies as their own remunerations are based on benchmark which give them an interest to encourage remuneration inflation;
2011/01/18
Committee: ECON
Amendment 108 #

2010/2303(INI)

Motion for a resolution
Paragraph 23 e (new)
23e. Is of the opinion that shareholders should contribute towards the determination of sustainable remuneration policies and should be given the opportunity to express their views on the remuneration policies with the right to reject the remuneration policy defined by the remuneration committee at the general meeting;
2011/01/18
Committee: ECON
Amendment 109 #

2010/2303(INI)

Motion for a resolution
Paragraph 23 f (new)
23f. Stresses that non-executive board members' compensation should only comprise fixed pay and should not include performance or share-based pay;
2011/01/18
Committee: ECON
Amendment 110 #

2010/2303(INI)

Motion for a resolution
Paragraph 23 g (new)
23g. Is of the opinion that quality-linked performance criteria should be taken into consideration in order to determine the level of the variable compensation; proposes therefore that the 'social added value of companies' performance' should be taken into consideration as one essential criterion, as well as 'sustainability' criteria when applicable; considers therefore that variable remuneration of directors should not be mainly based on financial results but also on operational, safety, social and environmental results;
2011/01/18
Committee: ECON
Amendment 114 #

2010/2303(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Considers that internal audit departments of systemic institutions shall be supervised both by the financial institutions' directors and supervisors ; in particular, supervisors shall have at any time the possibility to dismiss the director of the internal audit in case of inappropriate performance of its tasks;
2011/01/18
Committee: ECON
Amendment 117 #

2010/2303(INI)

Motion for a resolution
Paragraph 25
25. Stresses that an auditor's primary role should not be compromised by the burden of extra duties, such as an examination and assessment of non-audit information, which falls outside his or her area of expertiserules for auditing firms need to be developed to tackle conflict of interests as being discussed in the field of credit rating agencies;
2011/01/18
Committee: ECON
Amendment 3 #

2010/2289(INI)

Motion for a resolution
Recital A
A. whereas relaunching the Single Market requires the active support of all citizens, European institutions, Member States and stakeholders,
2011/02/15
Committee: IMCO
Amendment 6 #

2010/2289(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas a Single Market Act can have a sense only if its connected with the purpose of shifting the EU economy towards more sustainable and solidarity- based patterns
2011/02/15
Committee: IMCO
Amendment 7 #

2010/2289(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas it is important that the Single Market Act does not consist of a series of measures isolated from each other, and that all proposals must participate together in the achievement of a coherent objective
2011/02/15
Committee: IMCO
Amendment 8 #

2010/2289(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas public authorities must be re- established in their democratic, legitimate role of regulation and re-orientation of our economy
2011/02/15
Committee: IMCO
Amendment 9 #

2010/2289(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission Communication ‘Towards a Single Market Act’ and especially its third chapter; considers that the three chapters of the Communication are equally important and interconnected, and should be dealt with in a consistent approach without isolating the different issues at stake from each other ;
2011/02/15
Committee: IMCO
Amendment 12 #

2010/2289(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Emphasises in particular the Commission's commitment, in this Communication, to promote new approaches towards sustainable development,
2011/02/15
Committee: IMCO
Amendment 14 #

2010/2289(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Stresses the importance of the Single Market and emphasises that it should be reconciled with citizens concerns ; welcomes the holistic approach used in the Communication;
2011/02/15
Committee: IMCO
Amendment 19 #

2010/2289(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Believes that good governance is crucial to achieve the economic and social objectives of the single market, including free movement of persons, as well as the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion and a high level of education and training;
2011/02/15
Committee: IMCO
Amendment 30 #

2010/2289(INI)

Motion for a resolution
Paragraph 8
8. Welcomes the intention of the Commission to increase consultation and dialogue with civil society; notes that these consultations should take account of the new, special role of local and regional authorities, since it is they that transpose the EU rules; regards as inappropriate, therefore, the list of consultation partners in the Commission’s proposal, which mentions local authorities last (COM(2010) 608, Proposal 48); calls on the Commission to upgrade the role of local and regional authorities accordingly in line with the Lisbon Treaty;
2011/02/15
Committee: IMCO
Amendment 41 #

2010/2289(INI)

Motion for a resolution
Paragraph 10
10. Considers that the use of regulations instead of directives where appropriate could contribute to a clearer regulatory environment and reduce the transaction costs associated with transposition; calls on the Commission to develop a more targeted approach to choosing legislative instruments, depending on the legal and substantial characteristics of the provisions to be implemented by respecting the principle of subsidiarity and proportionality;
2011/02/15
Committee: IMCO
Amendment 53 #

2010/2289(INI)

Motion for a resolution
Paragraph 12
12. Supports the proposals of the Single Market Act that aim at developing further administrative cooperation between the Member States, including extending the Internal Market Information System to other legislative areas, where appropriate;
2011/02/15
Committee: IMCO
Amendment 58 #

2010/2289(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Regards it as necessary to include local and regional authorities in the development and expansion of the Internal Market Information System in order to avoid unnecessary red tape and excessive burdens at local level;
2011/02/15
Committee: IMCO
Amendment 86 #

2010/2289(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. asks the Commission to better inform in a transparent manner about ongoing infringement procedures
2011/02/15
Committee: IMCO
Amendment 95 #

2010/2289(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Regrets the lack of concrete proposals on the collective redress mechanism
2011/02/15
Committee: IMCO
Amendment 100 #

2010/2289(INI)

Motion for a resolution
Paragraph 22
22. HighlightsBelieves that the mutual evaluation provided forcess set out in the Sservices Ddirective as an innovative way of using peer pressure to improve the quality of transposition; supports where appropriate using mutual evalucannot be seen as a model. Believes that all single market legislations should be evaluated in a multi-dimensional way (real effects on the economy, the quality of products and services and social and societal consequences) concerning first and foremost the existing legislation is on other areas, e.g. in the area of free movement of goods; liberalisations of services of general interest, for instance in postal, transport and energy services
2011/02/15
Committee: IMCO
Amendment 6 #

2010/2278(INI)

Draft opinion
Paragraph 1
1. Welcomes the SMA initiative and the fact that it includes a necessary balance between economic, social and governance objectives, a review of the IORP Directive12 and the launch of a green paper on corporate governance, and calls on the Commission to add the completion of the Single Euro Payments Area to its proposals;
2011/01/21
Committee: ECON
Amendment 8 #

2010/2278(INI)

Draft opinion
Paragraph 2
2. Calls on the Commission to take urgent measures to stabilise financial markets, ensure that they work for the benefit of the real economy and create an appropriately regulated and supervised single retail market, with the dual aim of achieving a high level of consumer protection as well as financial stability by avoiding bubbles, in particular with regard to real estate;
2011/01/21
Committee: ECON
Amendment 9 #

2010/2278(INI)

Draft opinion
Paragraph 3
3. Calls for improved access to capital markets for SMEs, and for the simplification of their accounting reporting obligations and administrative burdens while fully respecting social and environmental norms and laws as well as ensuring high levels of consumer protection, and calls on the Commission to implement the Small Business Act (COM(2008)0394);
2011/01/21
Committee: ECON
Amendment 10 #

2010/2278(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls for the simplification of the control of overcompensation for operators in charge of services of general economic interest at the local level; calls on the Commission to use the evaluation and revision of the Monti-Kroes package to strengthen legal security in the field of social services of general interest;
2011/01/21
Committee: ECON
Amendment 11 #

2010/2278(INI)

Draft opinion
Paragraph 3 b (new)
3b. Welcomes the fact that the Social Business Initiative will put emphasis on financial solutions to enterprises of the social economy, which have proven to be particularly resilient in times of economic crisis and thus contribute to sustainable employment and growth and recalls that various best-practice initiatives already exist in Member States, especially regarding the provision of equity and loans to these enterprises;
2011/01/21
Committee: ECON
Amendment 14 #

2010/2278(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the Single Market contains diverse forms of enterprises, including social economy enterprises (including cooperatives, mutual societies, associations and foundations), and whereas enterprises in the Single Market, and the social economy enterprises in particular, pursue not only economic interests, but also contribute to society beyond economic activity;
2011/02/10
Committee: IMCO
Amendment 25 #

2010/2278(INI)

Draft opinion
Paragraph 5 a (new)
5a. Welcomes the proposal of a universal access to basic banking services for all citizens in the EU;
2011/01/21
Committee: ECON
Amendment 26 #

2010/2278(INI)

Draft opinion
Paragraph 5 b (new)
5b. Calls on the Commission to ensure that citizens throughout the EU can benefit from high quality services of general interest; notes that the SMA initiative includes a commitment to bring forward, in 2011, a set of measures relating to services of general interest; expects those proposals to reflect the provisions of Article 14 of the Treaty on the Functioning of the European Union and its Protocol No 26;
2011/01/21
Committee: ECON
Amendment 28 #

2010/2278(INI)

Draft opinion
Paragraph 6
6. Urges use of the EU budget to increase the credit granted by the EIB in partnership with the banking and private sectors, and the creation of a project bond scheme in order to finance European projects aimed at strengthening the recovery of growth and employment, including public services infrastructures projects in transports, energy and telecommunications; stresses that project bonds would also necessarily need serve the purpose of the ecological transformation of our economies;
2011/01/21
Committee: ECON
Amendment 30 #

2010/2278(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas a Single Market Act can have a sense only if its connected with the purpose of shifting the EU economy towards more sustainable and solidarity- based patterns,
2011/02/10
Committee: IMCO
Amendment 31 #

2010/2278(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas it is important that the Single Market Act does not consist of a series of measures isolated from each other, and that all proposals must participate together in the achievement of a coherent objective,
2011/02/10
Committee: IMCO
Amendment 32 #

2010/2278(INI)

Motion for a resolution
Recital E c (new)
Ec. whereas public authorities must be re- established in their democratic, legitimate role of regulation and re-orientation of our economy,
2011/02/10
Committee: IMCO
Amendment 42 #

2010/2278(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission Communication ‘Towards a Single Market Act’, and specifically Chapter II, ‘Restoring confidence by putting Europeans at the heart of the Single Market’, containing 19 initiatives oriented to European citizens; ; considers that the three chapters of the Communication are equally important and interconnected, and should be dealt with in a consistent approach without isolating the different issues at stake from each other;
2011/02/10
Committee: IMCO
Amendment 43 #

2010/2278(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Emphasises in particular the Commission’s commitment, in this Communication, to promote new approaches towards sustainable development;
2011/02/10
Committee: IMCO
Amendment 44 #

2010/2278(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Stresses the importance of the Single Market and emphasises that it should be reconciled with citizens concerns; welcomes the holistic approach used in the Communication;
2011/02/10
Committee: IMCO
Amendment 46 #

2010/2278(INI)

Motion for a resolution
Paragraph 2
2. Considers that efforts to achieve the Single Market need to concentrate on the concerns and rights of citizens, consumers, public service users and SMEs in order to overcome the current ‘European fatigue’; Underlines that "Putting citizens at the heart of the single market" will remain wishful thinking if it is only an instrumental strategy to convince people that the single market is good for them. More resolute actions must be taken to preserve and enhance the solidarity-based European model;
2011/02/10
Committee: IMCO
Amendment 63 #

2010/2278(INI)

Motion for a resolution
Paragraph 4
4. Considers that the Communication’s proposals are still too weak to put citizens at the heart of the Single Market, and the proliferating number of EU initiatives without clear prioritisation or clear links with relevant existing initiatives creates a need for consistency and good governance to ensure the coherence of European integration measures;
2011/02/10
Committee: IMCO
Amendment 69 #

2010/2278(INI)

Motion for a resolution
Paragraph 5
5. Highlights the priorities set out in the 19 proposals in accordance with five criteriasix priorities – basic social rights, consumer rights, free movement of workerspeople, free movement of goods and, socially oriented corporate institutions and social services of general interest, which should all be taken in the context of the fight against climate change and the need for long term economic, environmental and social sustainability – to provide tangible sustainable benefits for citizens and enterprises in a feasible period of time;
2011/02/10
Committee: IMCO
Amendment 72 #

2010/2278(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Recalls that in its resolution on social economy, the European Parliament has demanded better recognition for social economy enterprises, including generalised integration of the concept in EU policies, intensified dialogue with social economy representatives, better business support and recognition in social dialogue; recalls that in the same resolution, the European Parliament has demanded national registers to take social economy enterprises into account and has demanded specific statistics on the activity social economy enterprises;
2011/02/10
Committee: IMCO
Amendment 83 #

2010/2278(INI)

Motion for a resolution
Paragraph 6
6. Insists on the need to insert a ‘horizontal social clause’ in all Single Market legislation so, with a view to ensuring competition rules do not overrule fundamental rights and protect and uphold all fundamental rights and to ensure that policy is developed centring on citizens’ basic social rights: (a) the right to take collective action, (b) workers’ rights and labour law, and (c) employment protection, anticipating the planning of industrial restructuring in accordance with Article 9 of the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights; Believes that all single market legislations should be evaluated in a multi- dimensional way (real effects on the economy, the quality of products and services and social and societal consequences) concerning first and foremost the existing legislations on the liberalisations of services of general interest, for instance in postal, transport and energy services. Points to the fact that in order to ensure that the rights of the Charter of Fundamental Rights are respected, it is necessary to analyse the social impact not only of all proposed legislation, but also of the already adopted legislation
2011/02/10
Committee: IMCO
Amendment 90 #

2010/2278(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls for the simplification of the control of overcompensation for operators in charge of services of general economic interest at the local level; calls on the Commission to use the evaluation and revision of the Monti-Kroes package to strengthen legal security in the field of social services of general interest;
2011/02/10
Committee: IMCO
Amendment 103 #

2010/2278(INI)

Motion for a resolution
Paragraph 7 – point 7.3
7.3. a framework directivelegislative framework on services of general economic interest in accordance with Article 14 and Protocol 26 of the Treaty;
2011/02/10
Committee: IMCO
Amendment 105 #

2010/2278(INI)

Motion for a resolution
Paragraph 7 – point 7.4
7.4. a new regulationrevision of the Directive on the recognition of professional qualifications, on improving human resources mobility, and on providing equal access and opportunities for citizens;
2011/02/10
Committee: IMCO
Amendment 108 #

2010/2278(INI)

Motion for a resolution
Paragraph 7 – point 7.5
7.5. immediate action on a single mortgage market, to help the recovery of the housing market and European citizens’ confidence in the relevant financial instrumentsappropriate regulation and supervision ensuring responsible mortgage lending and borrowing;
2011/02/10
Committee: IMCO
Amendment 111 #

2010/2278(INI)

Motion for a resolution
Paragraph 7 – point 7.6
7.6. an appropriate EU-cofinanced trans- European transport and energy network, including inter alia, promotion of interoperability and intermodality in the transport sector, and of renewable sources of energy, as a form of social and territorial inclusion for European citizens and economies;
2011/02/10
Committee: IMCO
Amendment 113 #

2010/2278(INI)

Motion for a resolution
Paragraph 7 – point 7.6 a (new)
7.6a. A Commission communication on the rights of passengers for all means of transport, to be followed by legislative proposals;
2011/02/10
Committee: IMCO
Amendment 114 #

2010/2278(INI)

Motion for a resolution
Paragraph 7 – point 7.7
7.7. effective regulation of market surveillance and product safety, to reinforce consumer protection; to this end, the Commission should draw up a multiannual action plan for the development of European market surveillance, as well as guidelines for customs controls for product safety; urges the Commission to establish a single market surveillance system for all products, based on one legislative act covering both the GPSD and the Market Surveillance Regulation; this new legislative act should be created to reach a high level of product safety and market surveillance, clarifying the legal base and taking into account the provisions more developed in the two existing legislative acts;
2011/02/10
Committee: IMCO
Amendment 116 #

2010/2278(INI)

Motion for a resolution
Paragraph 7 – point 7.7 a (new)
7.7a. Welcomes the ‘Youth on the move card’ in order to improve young people’s studying, training and employment conditions abroad; Points to the fact that this initiative is not at all sufficient to combat the alarming youth unemployment in Europe;
2011/02/10
Committee: IMCO
Amendment 117 #

2010/2278(INI)

Motion for a resolution
Paragraph 7 – point 7.7 b (new)
7.7b. Welcomes the Commission’s proposal on a consultation regarding the Statute for a European Cooperative Society in order to make it more attractive for social entrepreneurs;
2011/02/10
Committee: IMCO
Amendment 118 #

2010/2278(INI)

Motion for a resolution
Paragraph 7 – point 7.7 c (new)
7.7c. Legislative initiatives on access to basic banking services and the Commission to call upon the banking sector to submit an initiative aimed at improving the transparency and comparability of bank charges by the end of 2011;
2011/02/10
Committee: IMCO
Amendment 124 #

2010/2278(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Believes that any reform of second- pillar pension systems should be aimed at reinforcing and complementing the first pillar, which guarantees adequate pensions; reminds the Commission that many Member States have a well- functioning first-pillar system in place; urges the Commission to take note of this and to use these examples as benchmarks across the EU; Underlines that the economic crisis, the demographic change and the problems encountered by mobile workers must not be used as a pretext to put in question the primacy and importance of the 1st pillar of pension rights, especially as regards poverty prevention;
2011/02/10
Committee: IMCO
Amendment 125 #

2010/2278(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Considers that the Social Business Initiative will be most effective when based on clear, precise definitions and focussing on enterprises of the social economy, i.e. enterprises, which a) give primacy of the individual and the social objective over capital, b) offer voluntary and open membership, c) practice and encourage democratic control by the membership, d) combine the interests of members/users and/or the general interest, e) defend and apply the principle of solidarity and responsibility, f) are managed autonomously , g) of which surpluses are used to carry out sustainable development objectives or to provide services of interest to members or of the general interest;
2011/02/10
Committee: IMCO
Amendment 151 #

2010/2278(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the proposals supporting the innovative potential of the social economy; draws attention to the part of the social economy involving cooperatives, mutual societies, associations and foundations, which plays an especially valuable role in creating sustainable employment and growth and combating poverty and exclusion; Calls for measures to set up a legal frameworks and distinct European statutes for foundations, cooperatives and mutual associations, to prevent legal uncertainty and to ensure there are socially oriented corporate institution, facilitate cross-border operations and to ensure that not only can such socially oriented innovative enterprises are able to make the most of their economic and social potential in the single market but also that there are socially oriented corporate enterprises and socially innovative corporate projects in the area of services of general interest;
2011/02/10
Committee: IMCO
Amendment 157 #

2010/2278(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Asks for greater promotion of the social economy through structural funding and social innovation programmes; Welcomes the identification of social economy enterprises as part of the resources for the social market economy and calls for measures to improve their cross-border access and to maximise their entrepreneurial and employment potential in the Single Market;
2011/02/10
Committee: IMCO
Amendment 159 #

2010/2278(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Stresses the importance of using public procurement to support employment, social progress, sustainable development and innovation; urges the Commission to facilitate access to public procurement for SMEs, social economy enterprises and Fair Trade;
2011/02/10
Committee: IMCO
Amendment 179 #

2010/2278(INI)

Motion for a resolution
Paragraph 12
12. Considers that the programme does not sufficiently analyse the causes of market fatigue, the impact of liberalisation and market mechanisms on public services in terms of costs, affordability, quality, accessibility irrespective of age, disability, gender, ethnic origins and religion, or the expectations of Europe’s citizens from a revived Single Market;
2011/02/10
Committee: IMCO
Amendment 188 #

2010/2278(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the Commission to propose legislation to ensure that citizens throughout the EU can benefit from high- quality services of general interest; notes that the SMA initiative includes a commitment to bring forward, in 2011, a set of measures relating to services of general interest; expects those proposals to reflect the provisions of Article 14 of the Treaty on the Functioning of the European Union and its Protocol No 26;
2011/02/10
Committee: IMCO
Amendment 190 #

2010/2278(INI)

Motion for a resolution
Paragraph 14
14. Considers that the Communication does not sufficiently stress the importance of social services and does not recognise the specificities of SSGI within SGI; considers this ie proposals far from the quality framework promised by the Commission President; and included in the Commission work programme; calls on the Commission to urgently deliver on both the quality framework and the related proposals;
2011/02/10
Committee: IMCO
Amendment 203 #

2010/2278(INI)

Motion for a resolution
Paragraph 15
15. Emphasises the lack of a Digital Single Market, and calls for the democratisation of broadband access and for continuous review of the Regulation on the telecoms sector ensuring privacy, data protection, and the protection of vulnerable groups;
2011/02/10
Committee: IMCO
Amendment 207 #

2010/2278(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Calls on the Commission to introduce urgently clear-cut legislation which defines SSGI on the basis of fundamental rights rather than economic prospects, strengthens the principles of subsidiarity and local self-government and excludes SSGI from the application of market rules; points to the long ongoing stakeholder dialogue on this matter and calls on the Commission to finally move to action;
2011/02/10
Committee: IMCO
Amendment 210 #

2010/2278(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Emphasises the lack of clarity in the area of socially responsible public procurement, and draws attention to the changes in the legal framework brought about by the Lisbon Treaty and the Charter of Fundamental Rights, and looks to the Commission to implement the relevant provisions in an appropriate manner;
2011/02/10
Committee: IMCO
Amendment 228 #

2010/2278(INI)

Motion for a resolution
Paragraph 17 – point a
(a) to enhance European market surveillance, improve access to basic banking services, create a single integrated mortgage market and remove tax obstacles and double taxation;
2011/02/10
Committee: IMCO
Amendment 233 #

2010/2278(INI)

Motion for a resolution
Paragraph 17 – point -1 (new)
(-1) Calls for a targeted revision of the Posting of Workers Directive (96/71/EC1) with a view to protecting Member States’ labour standards and industrial relations systems, including collective bargaining and different forms of collective action, and upholding the principle of equal pay for work of equal value at the same workplace rather than simply referring to minimum rates; calls for all relevant legislation to respect that labour standards are defined in relation to the place of work;
2011/02/10
Committee: IMCO
Amendment 234 #

2010/2278(INI)

Motion for a resolution
Paragraph 17 – point a a (new)
(aa) Calls for the Commission to launch an extended examination of the phenomenon “social dumping” in pay and working conditions within the Internal Marked; Underlines that the social partners and the national labour inspection authorities must play a crucial role in this examination; Expects the Commission to propose new legal actions or additional implementation measures if appropriate;
2011/02/10
Committee: IMCO
Amendment 248 #

2010/2278(INI)

Motion for a resolution
Paragraph 17 – point c
(c) to devise an action plan which is proportionate and has public support whilst respecting fundamental rights against counterfeiting and piracy as a major preventive tool, in order to ensure that goods circulating in the Single Market are safe to consume, of the appropriate standard and legal;
2011/02/10
Committee: IMCO
Amendment 262 #

2010/2278(INI)

Motion for a resolution
Paragraph 17 – point e
(e) to introduce a system of benchmarks, based on the horizontal social clause, to assess the relevance and added value of all Single Market measures in terms of their social impact, tangibility and feasibility ex ante and ex post, involving relevant stakeholders, including civil society organisations;
2011/02/10
Committee: IMCO
Amendment 263 #

2010/2278(INI)

Motion for a resolution
Paragraph 17 – point e a (new)
(ea) to encourage and support the supply of social services of general interest by social economy enterprises;
2011/02/10
Committee: IMCO
Amendment 264 #

2010/2278(INI)

Motion for a resolution
Paragraph 17 – point e b (new)
(eb) Legislative initiatives on universal access to basic banking services for all EU citizens and the Commission to propose initiatives aimed at improving the transparency and comparability of bank charges by the end of 2011;.
2011/02/10
Committee: IMCO
Amendment 265 #

2010/2278(INI)

Motion for a resolution
Paragraph 17 – point e c (new)
(ec) measures to stabilise financial markets and protect consumers through appropriate regulation and supervision ensuring responsible mortgage lending and borrowing. This necessitates rendering the marketing of mortgage products accurate, fair, clear and not misleading. There is also a need for stronger rules on the assessment of credit worthiness and suitability, as well as more generally on credit intermediaries;
2011/02/10
Committee: IMCO
Amendment 1 #

2010/2277(INI)

Draft opinion
Recital A
A. whereas a well functioning and integrated internal market is key for businesses and consumers, and consequently for EU growth and competitiveness in a globalised world and key for the citizens in the EU as far as it contributes to providing access to basic services for all,
2011/01/21
Committee: ECON
Amendment 2 #

2010/2277(INI)

Motion for a resolution
Citation 24 a (new)
- having regard to the Communication of the Commission on a Green Paper on Public Procurement [COM(2011)0015]
2011/02/10
Committee: IMCO
Amendment 3 #

2010/2277(INI)

Draft opinion
Recital B
B. whereas reducsimplification of the administrative burden and respect for the EU’s Better Regulation strategy are crucial in order for business, notably SMEs as the main engine of EU growth, to reap the full benefits of the single market, contribute to job creation and allocate funds to research, development and innovation, while fully respecting social and environmental norms and laws as well as ensuring high levels of consumer protection,
2011/01/21
Committee: ECON
Amendment 3 #

2010/2277(INI)

Motion for a resolution
Citation 24 b (new)
- having regard to its resolution of 18 May 2010 on New Developments in Public Procurement[1] [1] Texts adopted, P7_TA(2010)0173
2011/02/10
Committee: IMCO
Amendment 4 #

2010/2277(INI)

Motion for a resolution
Recital A
A. whereas it is important to restore confidence in the Single Market at all levels and to eliminate, to reconcile the EU economy with the concerns expressed by citizens and not only to eliminate, where appropriate, existing barriers to enterprises entering business; whereas unjustified high administrative burdens discourage new entrepreneurs, whereas adhesion of citizens to a well-functioning and integrated internal market is only possible in so far as it contributes to secure access to basic services for all
2011/02/10
Committee: IMCO
Amendment 7 #

2010/2277(INI)

Draft opinion
Recital C
C. whereas the EU 2020 strategy objectives, the cohesion policy and the Small Business Act should be fully integrated and underpin all single market policies,
2011/01/21
Committee: ECON
Amendment 8 #

2010/2277(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas a Single Market Act can have a sense only if its connected with the purpose of shifting the EU economy towards more sustainable and solidarity- based patterns
2011/02/10
Committee: IMCO
Amendment 9 #

2010/2277(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas it is important that the Single Market Act does not consist of a series of measures isolated from each other, and that all proposals must participate together in the achievement of a coherent objective
2011/02/10
Committee: IMCO
Amendment 10 #

2010/2277(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas public authorities must be re- established in their democratic, legitimate role of regulation and re-orientation of our economy
2011/02/10
Committee: IMCO
Amendment 11 #

2010/2277(INI)

Draft opinion
Paragraph 1
1. Welcomes the initiative to alignof the Single Market Act, the balance between economic, social or governance objectives and notably the aligning of the Small Business Act with the EU 2020 strategy;
2011/01/21
Committee: ECON
Amendment 13 #

2010/2277(INI)

Motion for a resolution
Recital D
D. whereas lack of innovation in the EU is a key factor for the low growth rates in recent years; whereas enterprises should be actively encouraged in the direction of green technology innovation, which provides an opportunity to reconcile long-term growth and environmental protectionspeed up the shift towards a more sustainable economy and to reconcile long-term growth and environmental protection ; whereas, for this purpose, social, environmental and consumer protection standards must be fully respected,
2011/02/10
Committee: IMCO
Amendment 15 #

2010/2277(INI)

Motion for a resolution
Recital F
F. whereas venture capital is an important source of finance for new innovative businesses; whe, but requireas there are barriers for venture capital funds wanting to invea strong regulation in order to protect investors and orientate the funds towards sust ain different EU Member Stateable projects,
2011/02/10
Committee: IMCO
Amendment 18 #

2010/2277(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to integrate competition policy and tools in its single market strategy, notably the evaluation and the revision of the regulation of state aids as compensation for services of general interest;
2011/01/21
Committee: ECON
Amendment 18 #

2010/2277(INI)

Motion for a resolution
Recital I
I. whereas the postal sector andit is essential to guarantee universal access to high-quality postal services ; whereas the promotion of interoperability and cooperation among postal systems and services can have a significant impact on the development of cross-border e- commerce,
2011/02/10
Committee: IMCO
Amendment 19 #

2010/2277(INI)

Motion for a resolution
Recital J
J. whereas sub-optimal electronic management of copyrights leads to a high level of fragmentation in the market for audiovisual products which is detrimental to EU businesses; whereas both businesses and consumers would benefit from the creation of a genuine Single Market for audiovisual products as long as the fundamental rights of internet users are fully respected,
2011/02/10
Committee: IMCO
Amendment 21 #

2010/2277(INI)

Motion for a resolution
Recital K
K. whereas counterfeiting and piracy reduces business confidence in e-commerce and fuel the fragmentation of intellectual property protection rules, which stifles innovation in the Single Market,
2011/02/10
Committee: IMCO
Amendment 23 #

2010/2277(INI)

Motion for a resolution
Recital L
L. whereas differences in fiscal provisions, such as corporate taxation and reporting obligations for VAT, result in significant obstacles to cross-border transactions; whereas these barriers can be removed without harmonizing tax rate coordination of national tax policies as proposed by Mario Monti in his report would bring a valuable added- value to enterprises and citizens,
2011/02/10
Committee: IMCO
Amendment 24 #

2010/2277(INI)

Draft opinion
Paragraph 4
4. Welcomes the coordination of national tax policies and a new VAT strategy which aims to increase growth and reduce the burden as called for by the European Parliamentproposals aimed at introducing a common consolidated corporate tax base to make economic activity and taxation match, reviewing the VAT system with measures to combat VAT fraud as a key priority, and revising the Energy Tax Directive, the latter aimed at introducing a minimum EU level of CO2 taxation consistent with the EU climate goals; stresses the need for better coordination of national tax policies,
2011/01/21
Committee: ECON
Amendment 26 #

2010/2277(INI)

Motion for a resolution
Recital M
M. whereas cross-border procurement accounts for a low share of the whole public procurement market, despite being an opportunity for EU firms; whereas SMEs still have limited access to public procurement markets ; whereas the inclusion of environmental, social and innovative criteria in public authorities' calls for tender should be encouraged,
2011/02/10
Committee: IMCO
Amendment 28 #

2010/2277(INI)

Draft opinion
Paragraph 5
5. Notes that giving an opinion on political priorities does not pre-judge Parliament’s views on specific measures which will be informed, among other things, by the impact assessment for each proposal, in line with Better Regulation principles; and full respect for social and environmental norms and laws as well as high levels of consumer protection;
2011/01/21
Committee: ECON
Amendment 28 #

2010/2277(INI)

Motion for a resolution
Recital N
N. whereas services are accountable for a significant part of our economic growth; whereas the Single Market for services is still underdeveloped due to gaps and late implementation of the Services Directivere should be a thorough assessment of the impact of the Services Directive on the quality of services and on the possibility for public authorities to impose public interest requirements to services providers,
2011/02/10
Committee: IMCO
Amendment 34 #

2010/2277(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission Communication ‘Towards a Single Market Act’ and especially its first; considers that the three chapters on ‘Strong, sustainable and equitable growth for business’f the Communication are equally important and interconnected, and should be dealt with in a consistent approach without isolating the different issues at stake from each other ;
2011/02/10
Committee: IMCO
Amendment 37 #

2010/2277(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Emphasises in particular the Commission's commitment, in this Communication, to promote new approaches towards sustainable development,
2011/02/10
Committee: IMCO
Amendment 40 #

2010/2277(INI)

Motion for a resolution
Paragraph 2
2. Stresses the importance of the Single Market for the competitiveness of EU enterprises and for the growth of European economies, andand emphasises that it should be reconciled with citizens concerns ; welcomes the holistic approach used in the Communication;
2011/02/10
Committee: IMCO
Amendment 48 #

2010/2277(INI)

Motion for a resolution
Subheading 2
I. Priority Area 1: Anboosting innovative Single Marketon in the EU market to speed up the shift towards a more sustainable economy and thus creating new jobs in green technology areas
2011/02/10
Committee: IMCO
Amendment 50 #

2010/2277(INI)

Motion for a resolution
Paragraph 3
3. Strongly supports the creation of an EU patent and of a unified patent litigation system in order to make the Single Market an innovation-friendly environment; stresses that the cost burden of multilingual patents would hinder innovation Welcomes the political will to create an SME friendly EU-wide patent system and recommends seizing this opportunity to tailor patents for innovation; recalls the issue of patent accessibility and scope which should be clearly defined in order to avoid expensive litigation; requests an economic impact study of the current patent system and the Unitary Patent system project on SMEs; recalls the social contract underlying the patent system which was established for the benefit of society, and that it should foster dissemination of innovation and not be misused to deter competition; deplores the behaviour of patent trolls which acquire patent portfolios with the sole aim of generating profit through enforcement and not as an incentive to promote innovation; recommends maximising the Single Market; advantages of the IPR system by encouraging the establishment of innovation clusters and patent pools or common patent platforms,
2011/02/10
Committee: IMCO
Amendment 58 #

2010/2277(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Supports an initiative on an ecologic footprint of products and calls on the Commission to propose the establishment of a real common assessment and labelling system;
2011/02/10
Committee: IMCO
Amendment 59 #

2010/2277(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Urges the Commission to come up as soon as possible with an energy efficiency plan to improve energy savings;
2011/02/10
Committee: IMCO
Amendment 60 #

2010/2277(INI)

Motion for a resolution
Paragraph 3 c (new)
3c. Considers that the White Paper on transport policy should focus on proposals to enhance sustainable transport modes, including intermodality;
2011/02/10
Committee: IMCO
Amendment 61 #

2010/2277(INI)

Motion for a resolution
Paragraph 3 d (new)
3d. Encourages the Commission to propose a new legal framework for standardisation
2011/02/10
Committee: IMCO
Amendment 64 #

2010/2277(INI)

Motion for a resolution
Paragraph 4
4. Supports the creation of EU project bonds in order to support long-term innovation in the Single Market; , including services infrastructures projects in transports, energy and telecommunications, stresses that project bonds would also necessarily need to serve the purpose of the ecological transformation of our economies. and calls on the Commission to come up as soon as possible with concrete proposals in this regard
2011/02/10
Committee: IMCO
Amendment 69 #

2010/2277(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to promote cross-border investment and to set up a legislative framework to allowregulate venture capital funds to be invested freely within the Single Market, irrespective of the Member State of originin order to protect investors and orientate these funds towards sustainable projects;
2011/02/10
Committee: IMCO
Amendment 78 #

2010/2277(INI)

Motion for a resolution
Paragraph 6
6. Acknowledges the importance of public procurement, especially pre-commercial procurement, and the role it plays in stimulating innovation in the Single Market; encourages Member States to make use of pre-commercial procurement to give a decisive initial push to new markets for innovative and green technologies while improving the quality and effectiveness of public services; calls on the Commission and Member States to better communicate the existing possibilities for pre-commercial procurement to public authorities; calls on the Commission to explore how cross- border joint procurement can be facilitated; deplores the lack of legal clarity on the inclusion of social considerations in public procurement
2011/02/10
Committee: IMCO
Amendment 89 #

2010/2277(INI)

Motion for a resolution
Paragraph 8
8. Welcomes the Commission's proposed revision of the e-Signatures Directive; emphasizes the need for mutual recognition of e-identification and e-authentication across the EU and asks the Commission to tackle in this regard in particular the discrimination problems against recipients of services because their nationality or place of residence;
2011/02/10
Committee: IMCO
Amendment 95 #

2010/2277(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to take the appropriate measures to enhance the confidence of businesses and citizens in e- commerce, namely by harmonizing contract law where possible and by facilitating cross-border debt recoveryguaranteeing high- level consumer protection in this field and harmonizing contract law where possible;
2011/02/10
Committee: IMCO
Amendment 111 #

2010/2277(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Urges the Member States to guarantee universal access to high-quality postal services and to promote interoperability and cooperation among postal systems and services
2011/02/10
Committee: IMCO
Amendment 113 #

2010/2277(INI)

Motion for a resolution
Paragraph 11
11. Stresses the need to create a Single Market for online audiovisual goods by improving the electronic management of copyrights by guaranteeing the fundamental rights of internet users while ensuring that rightholders receive adequate remuneration for their creative works;
2011/02/10
Committee: IMCO
Amendment 126 #

2010/2277(INI)

Motion for a resolution
Paragraph 12
12. Points out the need to strengthenconduct the fight against online piracy in a proportionate manner and with public support by making full use of the available technology while respecting fundamental rights;
2011/02/10
Committee: IMCO
Amendment 134 #

2010/2277(INI)

Motion for a resolution
Subheading 4
III. Priority Area 3: A business-friendly Single MarketMobilising financial means and fiscal tools to support the transition towards a more sustainable economy
2011/02/10
Committee: IMCO
Amendment 152 #

2010/2277(INI)

Motion for a resolution
Paragraph 14
14. Underlines the importance of removing fiscal barriers to cross-border activities; considers that a clearer VAT framework and reporting obligations for businesses are needed to encourage sustainable production and consumption patterns, limit adaptation costs, combat VAT fraud and enhance the competitiveness of EU firms;
2011/02/10
Committee: IMCO
Amendment 157 #

2010/2277(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Welcomes the Commission's intention to publish a Green Paper on corporate governance and to launch a public consultation on the information on social, environmental and human rights aspects of investment by businesses ; urges the Commission to come up with concrete proposals on private investments in order to create efficient incentives for long-term, sustainable and ethic investments, to better coordinate corporate fiscal policies and to encourage corporate responsibility;
2011/02/10
Committee: IMCO
Amendment 161 #

2010/2277(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Welcomes the intention to revise the energy tax directive ; considers that the revision should be aimed at introducing a minimum EU level of CO2 taxation consistent with the EU ambitions regarding the fight against climate change and the need to encourage more efficient energy use;
2011/02/10
Committee: IMCO
Amendment 163 #

2010/2277(INI)

Motion for a resolution
Paragraph 15
15. SWelcomes the proposals aimed at introducing a common consolidated tax base to make economic activity and taxation match; stresses that a common consolidated corporate tax base founded on the minimum harmonisation principle would increase the transparency and comparability of corporate tax rates, thus reducing the obstacles to cross-border activities; stresses the need for a better coordination of national tax policies in order to put an end to unhealthy tax competition between Member States having damaging impact on employment and public finances;
2011/02/10
Committee: IMCO
Amendment 170 #

2010/2277(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to make public procurement procedures more effective to encourage EU firms to participate in cross-border public procurement; stresses that the participation of SMEs in contract award procedures should be further facilitated; considers that reciprocity is needed in this field between the EU and the industrialised countries and major emerging partners, without hindering the capability of the public authorities, especially in the developing countries, to use public procurement for purposes of general interest ; expects therefore the Commission to provide figures and facts regarding the level of openness of public procurement both in the EU and in other industrialised countries, and to come up with a balanced legislative proposal to enhance symmetry in access to public procurement;
2011/02/10
Committee: IMCO
Amendment 175 #

2010/2277(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Welcomes the Commission's intention to review the public procurement rules in order to bring them into agreement with goals and policies of the EU to simplify the procedure, especially for small local and regional authorities and to allow SMEs greater access to public procurement
2011/02/10
Committee: IMCO
Amendment 183 #

2010/2277(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Criticises the proposal, made prior to this consultation, that new legal rules should be adopted for service concessions ; considers this proposal to be counterproductive in view of the "better regulation" initiative, as this can lead to a further fragmentation of the rules regarding public contracts, and increase the legal uncertainty
2011/02/10
Committee: IMCO
Amendment 191 #

2010/2277(INI)

Motion for a resolution
Paragraph 17
17. Stresses the need for proper implementation of the Services Directive and foran in-depth evaluation of the impact of the Services Directive on the quality of services and on the possibility for public authorities to impose public interest requirements to services providers ; emphasises the need to improve the possibility to complete procedures online which could considerably reduce operational costs for enterprises; urges the Commission to put a special emphasis on the development of the Single Market for online services;
2011/02/10
Committee: IMCO
Amendment 201 #

2010/2277(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Recommends the creation of intermediary agencies in order to assemble the financial needs of innovative and sustainable projects (in particular for SGEI) and hence to facilitate their access to financial markets in better conditions
2011/02/10
Committee: IMCO
Amendment 207 #

2010/2277(INI)

Motion for a resolution
Paragraph 19
19. Invites the Commission toRecalls the Report of the Committee on the Internal Market and Consumer Protection (A7-0151/2010) on New Developments on Public Procurement ; accordingly, insists that any proposeal for a legal framework foract dealing with services concessions that would ensure transparency, effective judicial protection for bidders and legal certaintybe justified only with a view to remedying distortions in the functioning of the internal market, and points out that such distortions have not hitherto been identified, and that a legal act on service concessions is therefore unnecessary as long as it is not geared to an identifiable improvement in the functioning of the internal market;
2011/02/10
Committee: IMCO
Amendment 220 #

2010/2277(INI)

Motion for a resolution
Paragraph 21
21. Welcomes the intention by the European Commission to propose a legislative reform of the standardization framework, also covering services;deleted
2011/02/10
Committee: IMCO
Amendment 22 #

2010/2248(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the EIB to bring its operations fully in line with a EU objective of a swift transition to a low carbon economy and to adopt a plan for the phase-out of fossil fuel lending by 2014 in line with Parliament's resolution of 29 November 2007 on trade and climate change, paragraph 29 of which called for "the discontinuation of public support, via export credit agencies and public investment banks, for fossil fuel projects and for the redoubling of efforts to increase the transfer of renewable energy and energy efficient technologies”;
2011/02/07
Committee: ECON
Amendment 25 #

2010/2248(INI)

Motion for a resolution
Paragraph 7 d (new)
7d. Recalls the need for the EIB to swiftly phase out its lending for coal-fired power plants;
2011/02/07
Committee: ECON
Amendment 34 #

2010/2248(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the idea of ‘project bonds’ aimed at enhancing the credit rating of bonds issued by companies themselves within the framework of the Europe 2020 strategy; believes that such project bond issuance would impact positively on the availability of capital for growth- and job- enhancing sustainable investments, and should also serve the purpose of the ecological transformation of the economy;
2011/02/07
Committee: ECON
Amendment 43 #

2010/2248(INI)

Motion for a resolution
Paragraph 15
15. Urges the EIB to invest in the Nabucco gas pipeline and other important TEN-E projects that will allow future EU energy demand to be met, diversifying Europe's pool of supplier countries, improving the EU's policy mix and helping meet the Union's environmental commitments;deleted
2011/02/07
Committee: ECON
Amendment 47 #

2010/2248(INI)

Motion for a resolution
Paragraph 17
17. Takes the view that, as part of its activities in the accession countries, the EIB should increase its focus onenergy efficiency measures, renewable energy and environmental infrastructure, TENs, and TEN-Es, and PPPsin line with EU climate objectives prioritise sustainable modes of transport, in particular rail;
2011/02/07
Committee: ECON
Amendment 51 #

2010/2248(INI)

Motion for a resolution
Paragraph 20
20. Welcomes the proposed new decision that would strengthen the capacity of the EIB to support EU development objectives, replace regional objectives with horizontal high-level objectives and develop operational guidelines for each region under the external mandate; recalls the need for setting clear priorities, including renewable energy, urban infrastructure, development of municipalities, locally owned financial institutions;
2011/02/07
Committee: ECON
Amendment 56 #

2010/2248(INI)

Motion for a resolution
Paragraph 25
25. Encourages the signing of the Memorandum of Understanding currently being negotiated between the EIB, the EBRD and the Commission with a view to strengthening cooperation in all common countries of operation outside the EU with the dual aim of making on lending coherent with each other and coherent with EU policy objectives such as social cohesion and environmental protection;
2011/02/07
Committee: ECON
Amendment 60 #

2010/2248(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Asks the EIB to include in its Annual Report to the EP details concerning the implementation of its policy on offshore financial centres, in particular by reporting the number of applications turned down due to non-compliance and the number of relocation undertakings requested and implemented in order to be in compliance;
2011/02/07
Committee: ECON
Amendment 62 #

2010/2248(INI)

Motion for a resolution
Paragraph 29
29. Instructs its President to forward this resolution to the Council, the Commission, the European Investment Bank, The World Bank Group, all regional development banks, and the governments and parliaments of the Member States.
2011/02/07
Committee: ECON
Amendment 2 #

2010/2239(INI)

Draft opinion
Paragraph 1
1. NotObserves that both the Broad Economic Policy Guidelines and the Stability and Growth Pact refer to age-related public expenditures; recognises that the correct inclusion of pension liabilities is only one of many conditions for sustainability; requests that the economic governance reform takes this dimension duly into accountpension systems are diversified across the European Union; notes that this diversity reflects different societal choices within different Member States; considers that the subsidiarity principle should fully apply to pension systems; deems that the European Commission should aim in this perspective to improve the transferability of pension rights of workers having a career that spans periods in different Member States;
2010/12/10
Committee: ECON
Amendment 17 #

2010/2239(INI)

Draft opinion
Paragraph 2
2. Having in mind that a sustainable and well functioning pension system is extremely important to the stability of public finances, calls on the Commission to promote a system which would fairly take into account full costs of pfor citizens; considers that pensions systems has to be sustainable for public finances on a long term basis in order to ensure confidence of workers in their future pensions; deems therefore that the reform of pensions systems should not be oriented by the short-term reduction of public deficits, but instead should be guided by longer term objectives such as the prevenstion reforms when initiating decisions linked to the excessive deficit proceduresof age poverty as well as the objectives of coping with the demographic challenge and ensuring adequate and universal coverage;
2010/12/10
Committee: ECON
Amendment 25 #

2010/2239(INI)

Draft opinion
Paragraph 3
3. Emphasises that sustainable public finances require including the total of public and private debt in the assessment; recallconsiders that public pension savings are not only savings earmarked as pension; requests that the full scale of unfunded public sector pension liabilities is made transparent by including these in thystem liabilities cannot be considered as a debt as these expenditures will in principle be gcovernment debt-to-GDP ratioed by future fiscal incomes;
2010/12/10
Committee: ECON
Amendment 34 #

2010/2239(INI)

Draft opinion
Paragraph 4
4. Insists that Member States better include the EU dimensCalls on the Commission to make appropriate proposals in order to tackle the disadvantages related to pensions schemes to which are confronted workers who move across borders; considers, therefore, that it is in the best interest of the European Union inand their policies with a view to improving the functioning of the internal marke Member States to increase workers’ mobility; stresses that obstacles to internal and cross-border mobility must be removed; deems that issues such as the lack of transferability, long vesting periods, preservation of dormant rights, non- regression and differences in tax treatment and facilitating workers‘ mobilitytuarial principles must be addressed at EU level;
2010/12/10
Committee: ECON
Amendment 40 #

2010/2239(INI)

Draft opinion
Paragraph 5
5. Observes that pension reforms are necessaryadvisable whenever required in the context of demographic ageing and the financial and economic crisis, but notes at the same time that the first objective of a reform should be to ensureguaranteeing adequate retirement income for all; in order to ensure that all pensioners live above the poverty line; observes that private pension funds have proved to be unstable during the financial crisis; recalls that pension funds do not solve the problem of an ageing population and the issue of economic transfers from active people to retired people; notes that pension funds transfer the risk of financial markets fluctuations to individuals in the financing of their pensions;
2010/12/10
Committee: ECON
Amendment 58 #

2010/2239(INI)

Draft opinion
Paragraph 6
6. Believes that the EU has a strong role to play in developing a definition of an adequate retirement benefit, in the form of a set of goods and services that older people need to enjoy f; stresses, in this perspective, that the EU should establish the principles of what constitutes adequate and universal pensions, so as to establish joint standards and support a decent lifelife in dignity for pensioners;
2010/12/10
Committee: ECON
Amendment 62 #

2010/2239(INI)

Draft opinion
Paragraph 7
7. Recognises that there is no perfect pension system, but is convinced that a balanced multi pillar system of public, work related and private as well as funded and unfunded should be found; is of the opinion that each Member State should define a minimum target income level after retirement above the poverty line, so as to avoid raising poverty among ageing population;
2010/12/10
Committee: ECON
Amendment 79 #

2010/2239(INI)

Draft opinion
Paragraph 9
9. Realises that workers generally do not work until their notional retirement age; stresses that the firsone important priority in reaching sustainability is to ensurable workers‘ ability to work until that age by implementing adequate employment enhancing policies including antidiscrimination policies;
2010/12/10
Committee: ECON
Amendment 88 #

2010/2239(INI)

Draft opinion
Paragraph 11
11. Considers that the increase in retirement age needs to be correlated with life expectancy and working conditions;deleted
2010/12/10
Committee: ECON
Amendment 128 #

2010/2239(INI)

Draft opinion
Paragraph 13 a (new)
13a. Points to the fact that workers who move across borders in the EU still suffer major disadvantages as regards supplementary pension schemes as they may get fragmented occupational pensions and lose tax and social security benefits related to national occupational schemes;
2010/12/10
Committee: ECON
Amendment 129 #

2010/2239(INI)

Draft opinion
Paragraph 13 b (new)
13b. Notes that EU regulation should not only coordinate pension rights of mobile workers but also monitor and supervise the performance of national overall pension systems to protect pension rights of mobile workers and ensure that they have access to reliable data to make an informed decision before moving across borders;
2010/12/10
Committee: ECON
Amendment 149 #

2010/2239(INI)

Draft opinion
Paragraph 14
14. Considers that Solvency II is a valuable starting point for developing a solvency regime for IORPs; underlines that such a regime needs to be adapted to the specificities of pensions, in particular as regards the conditionality of pension rights, the duration of pension portfolios and the dedicated purpose vehicle operating a homogenous product portfolio; deems, in this perspective, that it is crucial, given the specific long-term nature of pensions, to ensure that strict investment rules are implemented in order to preserve long- term solvency;
2010/12/10
Committee: ECON
Amendment 154 #

2010/2239(INI)

Draft opinion
Paragraph 14 a (new)
14a. Underlines the right to information of individuals concerning the countries, sectors and products in which pension funds invest their assets;
2010/12/10
Committee: ECON
Amendment 193 #

2010/2239(INI)

Draft opinion
Paragraph 22
22. Notes that more choice is not always better; underlines that the subject matter is of low interest to employees and very complex; is of the opinion that default options should be available, preferably with mandatory membership and that opt- outs should be limited;
2010/12/10
Committee: ECON
Amendment 204 #

2010/2239(INI)

Draft opinion
Paragraph 24
24. Calls on the Commission to organise itself with an increased focus on pensions by setting up a task force chaired by President Barosso, involving the competences related to pension issues of all relevant DGs, in particular DGs ECFIN, MARKT, EMPL, TAXUD, SANCO and the Services of Eurostat and the ECB.deleted
2010/12/10
Committee: ECON
Amendment 3 #

2010/2203(INI)

Draft opinion
Paragraph 2
2. Acknowledges that bilateral investment treaties (BITs) now fall under the exclusive competence of the EU;while foreign direct investment now falls under the exclusive competence of the EU; the Treaty does not foresee consent procedure for neither mandates nor concluded investment agreements. Considers nonetheless that parliament must be adequately involved in the shaping of the future investment policy. This requires proper consultation on mandates for upcoming negotiations, regular meaningful briefings on the state of ongoing negotiations and the positive consideration of granting Parliament with the right to approve negotiated EU investment agreements.
2011/01/19
Committee: ECON
Amendment 14 #

2010/2203(INI)

Draft opinion
Paragraph 8
8. Notes that the traditional drafting of BITs tends to use vague wording that allows for various interpretations and calls on the Commission to issue non-mandatory guidance, e.g. in the form a template for BITs, that may be used by Member States in order to enhance certainty and consistency. Considers that a swift transition to the EU-only regime would prevent such uncertainty and inconsistency.
2011/01/19
Committee: ECON
Amendment 16 #

2010/2203(INI)

Draft opinion
Paragraph 8 a (new)
8a. Notes that future EU investment treaties must be fully consistent with overall EU policy goals such as the protection of human rights as well as social and environmental standards. Investment law as designed in treaties must not superseed social or environmental legislation. In this respect, lessens must be learned from the NAFTA experience, where in all three NAFTA member states environmental legislation came under undue pressure in the dispute settlement process.
2011/01/19
Committee: ECON
Amendment 18 #

2010/2203(INI)

Draft opinion
Paragraph 8 c (new)
8c. Considers that dispute settlement should take the form of state-to-state mechanisms
2011/01/19
Committee: ECON
Amendment 8 #

2010/2099(INI)

Draft opinion
Paragraph 6
6. Establish an enhanced analytical surveillance framework (including a scoreboard with specific trigger values for early warning) with appropriate methodological tools and transparency for an effective multilateral surveillance based on key economic indicators (real and nominal), which may affect competitiveness positions, including, but not limited to, growth rate, composition of the national GDP, employment rate, real exchange rate developments, labour cost developments, current account/balance of payments developments, credit growth, capital formation and inflows, productivity developments, asset markets (including private debt , including, but not limited to, developments in current account balance of payments, net foreign asset positions, evolution of the tax basis, effective real exchange rates, inflows, productivity (including resource productivity and total factor productivity), unit labour costs, quantitative and qualitative indicators related to levels of employment and social cohesion, environmental externalities indicators, as well as credit growth and asset prices developments (including financial assets and property markets) developments, investment in R&D as a % of GDP, reduction of greenhouse gas emission, rate of achievement of tertiary and secondary education and reduction of poverty (Recommendation 1, Indent 2);. Alert thresholds should be defined for indicators included in the scoreboard,
2010/09/22
Committee: IMCO
Amendment 11 #

2010/2099(INI)

Draft opinion
Paragraph 7
7. Establish common rules for a more active use of the Broad Economic Policy Guidelines as a key tool for economic guidance, surveillance and Member State- specific recommendations in line with the EU 2020 strategy, focusing on growth, structural reforms, productivity and competitiveness, while taking into consideration the convergences and divergences between Members States, with the aim to strengthening the relativsilience of the ecompetitive advantages of Member States (Recommendation 1, Indent 4; deletion of last part)nomy to external shocks and the positive impact that Member States’ decisions may have on other Member States,
2010/09/22
Committee: IMCO
Amendment 27 #

2010/2099(INI)

Draft opinion
Paragraph 11
11. Make the necessary changes to the Commission’s internal decision-making procedure in order to guarantee an efficient a rapid implementation of those preventive penalties and incentives (Recommendation 2, Indent 9; partly deleted),
2010/09/22
Committee: IMCO
Amendment 28 #

2010/2099(INI)

Draft opinion
Paragraph 12
12. Establish a euro-area-specific framework for reinforced monitoring focusing on excessive macro-economic divergences, price competitiveness, real exchange rates, credit growth and current account developments of the Member States concerned,. investment in R&D as a percentage of GDP, reduction of greenhouse gas emission, rate of achievement of tertiary and secondary education and reduction of poverty (Recommendation 3, Indent 1). With this purpose to establish a differentiated scoreboard for euro-area Member States including specific alert thresholds in particular concerning the analysis of real effective exchange rates developments, as well as specific enforcement mechanisms (sanctions and incentives) aimed at addressing excessive macroeconomic imbalances,
2010/09/22
Committee: IMCO
Amendment 30 #

2010/2099(INI)

Draft opinion
Paragraph 13
13. Not to make the following recommendation: strengthen the secretariat and cabinet of the President of the Euro Group (deletion of Recommendation 3, Indent 3),deleted
2010/09/22
Committee: IMCO
Amendment 40 #

2010/2099(INI)

Draft opinion
Paragraph 18
18. Continue efforts regarding EU tax harmonisation. Given that tax cooperation is a cornerstone of economic governance, establish a high-level tax policy group chaired by the Commission with a mandate to work for a strategic and pragmatic approach to tax policy issues in the Union, while paying particular attention to combating tax fraud, reinvigorate the code of conduct on business taxation while making more extensive use of state aid procedures against unfair tax competition, adopting the savings tax directive enlarged in scope and with automatic information exchange as the general rule, broaden and deepen environmental taxation, facilitate the adoption of the Common Consolidated Corporate Tax Base while working towards minimum tax rates, and growth- enhancing tax reforms as well as introducing a financial transaction tax at Union level. (Recommendation 5, new indent).
2010/09/22
Committee: IMCO
Amendment 4 #

2010/2075(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the adoption of the MiFID was based on the wrong assumption that competition between market infrastructures is desirable and would necessarily lead to a cost reduction of these infrastructures;
2010/09/28
Committee: ECON
Amendment 5 #

2010/2075(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas market infrastructures are public goods that require a proper degree of centralisation and specific treatment in order to insure cost efficiency and avoid private monopolies;
2010/09/28
Committee: ECON
Amendment 13 #

2010/2075(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas MiFID has led to more complex, fragmented and opaque financial markets reducing the ability of supervisory authorities to screen and control markets;
2010/09/28
Committee: ECON
Amendment 18 #

2010/2075(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas MiFID, that was originally supposed to move the trades to regulated venues (RM, MTF, SI), failed to reduce OTC market share as long as around 40% of the trading volume are made over the counter (OTC);
2010/09/28
Committee: ECON
Amendment 20 #

2010/2075(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas the fragmentation induced by MiFID has had a detrimental effect on the functioning of financial markets in the European Union by reducing liquidity in regulated venues, by increasing opacity and by disturbing the price discovery process;
2010/09/28
Committee: ECON
Amendment 23 #

2010/2075(INI)

Motion for a resolution
Recital C
C. whereas market fragmentation has had an inevitable impact upon liquidity and market efficiency, and whereas the effect of an increased number of venues and increasingly technology-driven trading has significantly decreased average order execution size from EUR 22 266 in 2006 to EUR 9 923 in 2009, and increased the total cost of transactions for final users,
2010/09/28
Committee: ECON
Amendment 28 #

2010/2075(INI)

Motion for a resolution
Recital D
D. whereas the decrease in order size has led to a reduction in the capacity of market participants to instantly execute large orders on a particular market and has encouraged the expansion of dark-pool trading, and whereas less thanaround 10% of all trading in EEA equities shares on organised markets use the MiFID pre-trade transparency waivers (CESR/10-394), which means therefore that combined with the OTC trades, around 50% of the trades are currently not covered by pre- trade transparency requirements;
2010/09/28
Committee: ECON
Amendment 32 #

2010/2075(INI)

Motion for a resolution
Recital D a (new)
Da. whereas there is evidence that the use of pre-trade transparency waivers provided in MiFID has been growing rapidly,
2010/09/28
Committee: ECON
Amendment 33 #

2010/2075(INI)

Motion for a resolution
Recital E
E. whereas broker crossing networks (BCNs) provide different services to regulated markets (RMs) and multilateral trading facilities (MTFs) in so far as they are closed systems and a technological extension of the traditional, discretionary broker-client relationshipare a circumvention to MiFID regulation; whereas the level playing field between BCNs and regulated venues (RM, MTF, SI) is not insured as BCN operate systems that match buying and selling orders whilst they are not submitted to any pre-trade transparency requirement; whereas crossing networks seem to execute large as well as small orders away from RM and MTF,
2010/09/28
Committee: ECON
Amendment 40 #

2010/2075(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas certain type of business operation of automated multilateral liquidity pools poses a particular concern for price formation and fair competition;
2010/09/28
Committee: ECON
Amendment 41 #

2010/2075(INI)

Motion for a resolution
Recital F
F. whereas the challenge involves keeping the benefits of competition in terms of more competitive and innovative trading infrastructure whilst ensuringhas not been proved as the total transaction costs were not reduced, the opacity has increased while at the same time, it appears clearly that quality and integrity for all participants in a more fragmented market are not properly guaranteed,
2010/09/28
Committee: ECON
Amendment 44 #

2010/2075(INI)

Motion for a resolution
Recital G
G. whereas the risks associated with electronic order systems and the significant share of trading volumes attributable to HFT strategies, estimated at 30-50 %, were manifest in the US "flash crash" on 6 May 2010; when HFT liquidity providers exited the marketreas these strategies do not deliver any tangible benefit for the real economy and in particular for SMEs,
2010/09/28
Committee: ECON
Amendment 48 #

2010/2075(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas HFT distorts the price discovery process on markets by posting orders that are mostly non executed; whereas HFT does not provide real liquidity as orders are not kept in order books for a sufficient lenght of time; whereas the challenges raised by HFT in terms of market abuse detection and surveillance require a carefull and comprehensive assessement,
2010/09/28
Committee: ECON
Amendment 57 #

2010/2075(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas retail investors do not benefit from the MiFID; whereas the MiFID does not improve the access of SMEs to capital market and the financing of the real economy which is the main purpose of financial markets,
2010/09/28
Committee: ECON
Amendment 60 #

2010/2075(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Deems that corrective measures must be taken in order to ensure that all kinds of trading with the same functionality should be regulated and supervised in the same way;
2010/09/28
Committee: ECON
Amendment 67 #

2010/2075(INI)

Motion for a resolution
Paragraph 2
2. Suggests that, in the interests of equitable treatment, rules need to be introduced such that MTFs transacting either a similargnificant volume of trade or having a similar market impact to an RM (subject to a threshold) are subject to the same level of supervision and therefore regulated in a comparable way;
2010/09/28
Committee: ECON
Amendment 69 #

2010/2075(INI)

Motion for a resolution
Paragraph 3
3. Asks for an investigation into the functioning of the systematic internaliser (SI) regime and of OTC trades and the bringing forward of improvrequirements to the way in which this category is regulated to increase its use as a subset of OTCreduce the market share of OTC trades;
2010/09/28
Committee: ECON
Amendment 80 #

2010/2075(INI)

Motion for a resolution
Paragraph 5
5. Calls for a review of whetheronsiders that order-by- order best execution needs to be better served by regulation in relation to the availability of data, both post-trade and in relation to execution quality, and in relation to market technology, such as order routers and venue connections; calls for the introduction of a consolidated order book of all trading venues in order to guarantee an effective best execution to market participants;
2010/09/28
Committee: ECON
Amendment 81 #

2010/2075(INI)

Motion for a resolution
Paragraph 6 – introductory part
6. Calls for the introduction of new provisions in MIFID for BCNs equivalent to the requirements on SI including requirements to submit to the competent authorities:
2010/09/28
Committee: ECON
Amendment 91 #

2010/2075(INI)

Motion for a resolution
Paragraph 7
7. Calls for an investigation into a suitable volume threshold above which BCNs would be required to convert to an MTF and OTC transactions to move to regulated venues;
2010/09/28
Committee: ECON
Amendment 97 #

2010/2075(INI)

Motion for a resolution
Paragraph 8
8. Seeks a sectoral consultation which will inform the Commission on whether market makers should be allowed to interact with dark-pool orders within a BCN, or whether this should be disallowed and remain a venue for buy side customer orders to cross;deleted
2010/09/28
Committee: ECON
Amendment 111 #

2010/2075(INI)

Motion for a resolution
Paragraph 10 – point a
(a) reduce the threshold of the large-in- size waiver in recognition of reduced trade size,deleted
2010/09/28
Committee: ECON
Amendment 115 #

2010/2075(INI)

Motion for a resolution
Paragraph 10 – point b
(b) consider whetherintroduce a suitable minimum threshold should be introduced for the Reference Price waiver to encourage the use ofmaintain adequate flow of trades through lit venues,
2010/09/28
Committee: ECON
Amendment 121 #

2010/2075(INI)

Motion for a resolution
Paragraph 10 – point c
(c) broadenlimit the Reference Price waiver to include trades that fall within’s scope to trades that are done at midpoint of the current spread in the reference market;
2010/09/28
Committee: ECON
Amendment 123 #

2010/2075(INI)

Motion for a resolution
Paragraph 10 – point c a (new)
(ca) introduces a maximum volume of transactions that could use pre-trade transparency waivers in order to guarantee efficient price discovery,
2010/09/28
Committee: ECON
Amendment 124 #

2010/2075(INI)

Motion for a resolution
Paragraph 10 – point c b (new)
(cb) give the possibility to ESMA to adapt and restrict pre-trade waivers as necessary, taking into account the impact of dark trading on the efficiency of markets,
2010/09/28
Committee: ECON
Amendment 125 #

2010/2075(INI)

Motion for a resolution
Paragraph 11
11. Asks for a more uniform application of the pre-trade waivers across Member States to limit implementing differences that can lead to uncertainty, regulatory arbitrage and an unlevel playing field; suggests that technical standards defined by ESMA could be an appropriate way of achieving this, in keeping with the concept of a single rule book for financial services;
2010/09/28
Committee: ECON
Amendment 127 #

2010/2075(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission to establish a working group to overcome the barriers to a European consolidated tape and establish a privately run system that doesNotes that private actors have failed to offer a cheap and exhaustive post-trade transparency in the European Union. Therefore, calls on the Commission to establish a mandatory European consolidated tape; considers that this tape should be ruled by ESMA and be a public or privately run system paid by users of financial infrastructure in order not to place any further financial burdens on taxpayers to a Commission-defined deadline;
2010/09/28
Committee: ECON
Amendment 136 #

2010/2075(INI)

Motion for a resolution
Paragraph 13
13. Calls on the CESRMA to draw up common reporting standards and formats for the reporting of post-trade data to aid in data consolidation;
2010/09/28
Committee: ECON
Amendment 140 #

2010/2075(INI)

Motion for a resolution
Paragraph 15
15. Calls for a reduction in the time limit for deferred publication, through specific technical standards defined by ESMA so that transactions are reported within twenty-four hours of taking place; with regards to electronic transactions,; deems that immediate availability should become the rule as in the US and that any delay should be justified or sanctioned; calls ESMA to insure that maximum delays are not considered by venues as minimum as it is now the case with the three minutes delays; stresses that in ordinary circumstances, delays of more than 1 minute should be considered unacceptable;
2010/09/28
Committee: ECON
Amendment 142 #

2010/2075(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Deems that it is essential to analyze the breakdown and business models of OTC trading calls therefore for the introduction of specific flags in pre and post-trade transparency for OTC trades to further understand the characteristics of such OTC trades and assess which types of transactions are legitimate to be done OTC due to their specific characteristics;
2010/09/28
Committee: ECON
Amendment 145 #

2010/2075(INI)

Motion for a resolution
Paragraph 17
17. Calls for an examination of the costs and benefits of HFT on markets and itsonsiders that HFT has a detrimental impact upon other market users, particularly institutional investors, to determine whether themarkets by biasing price discovery process and that significant market flow generated automatically isare not providing real liquidity to the market and what affect this hass the immense majority onf overall price discoveryrder are not executed;
2010/09/28
Committee: ECON
Amendment 147 #

2010/2075(INI)

Motion for a resolution
Paragraph 17
17. Calls for an examination of the costs and benefits of HFT on markets and its impact upon other market users, particularly institutional investors, to determine whether the significant market flow generated automatically is providing real liquidity to the market and what affect this has on overall price discovery; Considers that ESMA should analyse the possibility to impose minimal latency between the introduction of an order and the possibility to withdraw it;
2010/09/28
Committee: ECON
Amendment 155 #

2010/2075(INI)

Motion for a resolution
Paragraph 18
18. Calls for the regulation of firms that pursue HFT strategies to ensure that they have robust systems and controls with ongoing regulatory reviews of the algorithms they use and the ability to demonstrate that they have strong risk management procedures in place for abnormal events;
2010/09/28
Committee: ECON
Amendment 157 #

2010/2075(INI)

Motion for a resolution
Paragraph 19
19. Calls for all trading venues allowing co-location of servers, whether directly or through third-party data providers, to ensure that equal access for all co-located clients is maintained and where possible under the same infrastructure latency arrangements to comply with non- discriminatory practice outlined in MiFID; considers that sprint race to reduce latency should be stopped as high speed transactions do not deliver benefits to the real economy and to the better functioning of markets and only lead to an inflation of infrastructure costs;
2010/09/28
Committee: ECON
Amendment 158 #

2010/2075(INI)

Motion for a resolution
Paragraph 20 – introductory part
20. Calls on regulators to monitor and regulate the provision of sponsored access and to consider additional measures includingforbid sponsored access:
2010/09/28
Committee: ECON
Amendment 160 #

2010/2075(INI)

Motion for a resolution
Paragraph 20 – point a
(a) expressly prohibiting unfiltered sponsored access to companies that do not belong to the same corporate group as the sponsor,deleted
2010/09/28
Committee: ECON
Amendment 162 #

2010/2075(INI)

Motion for a resolution
Paragraph 20 – point b
(b) requiring broker-dealers to establish, document and maintain a system of risk management controls, pre- and post- trade, and supervisory procedures to manage the financial, regulatory and other risks related to its market access;ted
2010/09/28
Committee: ECON
Amendment 165 #

2010/2075(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission to adopt the principles being developed by the Technical Committee of IOSCOrules that impose on clients benefiting on on direct electronic access, including sponsored access, which will cover the criteria for selecting clients who can be given sponsored access and the contractual relationship between the platform, the member and the client and will outline their respective responsibilities regarding their usage with suitable controls and filtersequivalent requirements as those imposed to the member or the platform;
2010/09/28
Committee: ECON
Amendment 167 #

2010/2075(INI)

Motion for a resolution
Paragraph 23
23. Calls for an investigation intoESMA to define binding guidelines on fee structures in order to ensure that execution fees, ancillary fees and any other related incentives are transparent, non- discriminatory and consistent with reliable price formation and are designed and implemented so as not to encourage trading for improper purposes; , given the amount of investments related to HFT deems in particular that a minimal charge should be paid by users posting orders, whether these orders are executed or not, as these orders need to be managed by the market infrastructure;
2010/09/28
Committee: ECON
Amendment 171 #

2010/2075(INI)

Motion for a resolution
Paragraph 24
24. Suggests a study ofConsiders that the maker/taker fee model to determine whether any recipient of theleads in practice to encouraging trading for improper purposes; stresses that any more favourable "maker" fee structure should also be subject to formal market maker obligations and supervision requirements defined by ESMA;
2010/09/28
Committee: ECON
Amendment 175 #

2010/2075(INI)

Motion for a resolution
Paragraph 25
25. Asks that European trading venues havefor an ESMA supervision and definition by implementing acts of robust volatility interrupts and circuit breakers which operate simultaneously across all EU trading venues to prevent a US- style "flash crash" event;
2010/09/28
Committee: ECON
Amendment 180 #

2010/2075(INI)

Motion for a resolution
Paragraph 29
29. Requests the consideration ofCalls for the introducingtion of a transparency requirement, pre and post trade, on all non-equity financial instruments subject to significant secondary trading, including government and corporate bond markets and commodities derivatives markets, to be applied in an asset-specific manner;
2010/09/28
Committee: ECON
Amendment 1 #

2010/2053(INI)

Motion for a resolution
Citation 2
having regard to Articles 9, 14, 49 and 56 of the Treaty on the Functioning of the European Union, as well as Protocol No 26 thereto,
2011/01/05
Committee: IMCO
Amendment 2 #

2010/2053(INI)

Motion for a resolution
Citation 8 a (new)
– having regard to the report to the President of the Commission entitled 'A new strategy for the single market',
2011/01/05
Committee: IMCO
Amendment 3 #

2010/2053(INI)

Motion for a resolution
Citation 8 b (new)
1 Texts adopted, P7_TA(2010)0186.– having regard to its resolution of 20 May 2010 on delivering a single market for consumers and citizens1,
2011/01/05
Committee: IMCO
Amendment 4 #

2010/2053(INI)

Motion for a resolution
Recital A
A. whereas the Services Directive aims to complete the internal market for services while safeguarding a high level of quality and social cohesion and is intended to help accomplish the tasks laid down in Article 3 of the Treaty (ex Article 2 TEU), namely: working for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment; boosting progress in science and technology; combating social exclusion and discrimination, and promoting social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child; promoting economic, social and territorial cohesion, and solidarity among Member States; respecting the Union’s rich cultural and linguistic diversity, and ensuring that Europe’s cultural heritage is safeguarded and enhanced,
2011/01/05
Committee: IMCO
Amendment 5 #

2010/2053(INI)

Motion for a resolution
Recital B
B. whereas the Services Directive is intended as an instrument for the growth of the European Union and whereas its implementation should come within the framework of the Europe 2020 strategy and the Single Market Act,
2011/01/05
Committee: IMCO
Amendment 7 #

2010/2053(INI)

Motion for a resolution
Recital D
D. whereas the Directive’s impact on the economy, businesses and citizens cannot be evaluated until it has been transposed in all of the EU Member States, and its practical effects on economic activity, employment and social protection levels and quality, environmental protection and consumer service quality has become apparent,
2011/01/05
Committee: IMCO
Amendment 12 #

2010/2053(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls on the Commission to carry out an ex post assessment of the directive's real impact on economic activity and on employment, in terms of both the number of jobs created or lost and the quality of jobs and working conditions, and to compare the findings with the impact forecast for the directive when it was adopted, as set out, on the basis of an estimate made prior to transposition, in the Commission communication entitled 'Towards a Single Market Act';
2011/01/05
Committee: IMCO
Amendment 13 #

2010/2053(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the factNotes that implementation of the Services Directive is creating unprecedented momentum for modernisation throughout the Member States in the form of new methods of working and evaluationa substantial administrative workload throughout the Member States and that it needs to be established whether it is also generating momentum for modernisation in the form of new methods of working and evaluation; recommends, whatever the case, that action be taken to ensure that the administrative workload that implementing the directive entails for local and regional authorities in particular remains proportional and reasonable; underlines the key role of the social partners and professional organisations in the transposition process; asks the Commission to fully involve the latter and local and regional authorities in the mutual evaluation phase;
2011/01/05
Committee: IMCO
Amendment 15 #

2010/2053(INI)

Motion for a resolution
Paragraph 3
3. Notes that most of the Member States have favoured transposition through ‘horizontal’ legislation; observes, however, that the method of transposition depends on the specific nature of the internal organisation of Member States; takes the view that an assessment should be made of the impact of the transposition method used (horizontal or sectoral) on the quality of the transposed legislation and its clarity for services providers and for the general public; calls on the Member States to ensure that the transposition process is transparent, particularly by improving the involvement of the national parliaments;
2011/01/05
Committee: IMCO
Amendment 24 #

2010/2053(INI)

Motion for a resolution
Paragraph 5
5. Points out that the Member States can maintain their authorisation schemes and certain requirements if the latter are non- discriminatory, necessary and proportionate; emphasises that in this connection the Member States have maintained a number of authorisation schemes by making themwith a view to ensuring that the services market is regulated in an effective manner and have made those schemes more accessible and more transparent to service providers;
2011/01/05
Committee: IMCO
Amendment 30 #

2010/2053(INI)

Motion for a resolution
Paragraph 7
7. Draws attention to the specific nature of the provisions on the right of establishment and those on the temporary provision of services in another Member State; asks the Commission to take full account of that specific nature in its evaluation; calls, in this connection, for an assessment to be made of the impact of the provisions prohibiting Member States from imposing certain requirements, including, in Chapter III of the directive, conditions of reciprocity with the Member State in which the provider already has an establishment and the application of an economic test and, in Chapter IV of the directive, an obligation to possess a specific identity document, restrictions on the freedom to provide services on a self- employed basis and requirements affecting the use of equipment and material;
2011/01/05
Committee: IMCO
Amendment 33 #

2010/2053(INI)

Motion for a resolution
Paragraph 9
9. Notes the Member States’ efforts to implement the mutual evaluation process; considers that the state of progress with the process does not yet allow its effectiveness to be evaluated; wishes the Commission to carry out a thorough investigation of the potential of this new method in the context of the Single Market Act and expresses surprise at the fact that, although such an investigation has yet to be carried out, the Commission is already proposing, in its communication entitled ‘Towards a Single Market Act’, to extend that method to other single-market legislation; regrets that the European Parliament and the national parliaments are not more closely involved in the mutual evaluation process;
2011/01/05
Committee: IMCO
Amendment 37 #

2010/2053(INI)

Motion for a resolution
Subheading 2
Points of single contact (PSCs) and simplification of procedures
2011/01/05
Committee: IMCO
Amendment 41 #

2010/2053(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Member States to continue improving the accessibility of PSCs and the quality and relevance of the information given to service providers, including information on the labour and tax law in force in the Member State that is of relevance to service providers, with particular reference to VAT rules; calls on the Commission and the Member States to ensure that the information given by PSCs is available in several languages;
2011/01/05
Committee: IMCO
Amendment 65 #

2010/2053(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to strengthen the synergies between the PSCs set up at national level and to develop the technical and operational tools required for such synergies; recommends that the Commission should make a direct electronic link to the Member States’ PSCs available to service providers in all the EU official languages;
2011/01/05
Committee: IMCO
Amendment 68 #

2010/2053(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on the Commission, pursuant to Article 5 of the directive (Simplification of procedures), to foster the use of forms harmonised at EU level and equivalent to the certificates, attestations and other documents that service providers are required to submit;
2011/01/05
Committee: IMCO
Amendment 74 #

2010/2053(INI)

Motion for a resolution
Paragraph 18
18. Notes the difficulties encountered in some Member States with precisely defining the scope of the exclusions provided for by the Directive, particularly concerning social services and health services; points out that such services were excluded because of their specific nature and that they and calls for clarification of the concept of ‘entrustment’, the meaning of which appears unclear and is likely to cause confusion in connection with the notion of ‘mandate’ in the State aid sphere, and of genuinely excluded social groups, particularly in relation to childcare and support for families and individuals; stresses in particular the uncertainty surrounding the restrictive concept of ‘families and persons permanently or temporarily in need’; points out that such services were excluded because of their specific nature, that legal certainty is particularly vital in this area and that they may therefore require a sectoral Community legislative framework;
2011/01/05
Committee: IMCO
Amendment 78 #

2010/2053(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls for the impact of the inclusion in the directive’s scope of services of general economic interest on the operation and quality of such services to be assessed with reference to public expectations;
2011/01/05
Committee: IMCO
Amendment 79 #

2010/2053(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Notes that the Commission communication entitled ‘Towards a Single Market Act’ includes a commitment to bring forward, in 2011, a set of measures relating to services of general interest; expects those proposals to reflect the provisions of Article 14 of the Treaty on the Functioning of the European Union regarding the adoption of EU regulations dealing with services of general economic interest, in keeping with Protocol No 26 on subsidiarity as regards services of general interest;
2011/01/05
Committee: IMCO
Amendment 3 #

2010/2011(INI)

Motion for a resolution
Recital B
B. whereas only a small percentage of workers, service providers and professionals take the step of moving to another Member State, inter alia because the red tape involved and the risk of losing social security rights make it too complicated and costly to do so,
2010/04/14
Committee: IMCO
Amendment 9 #

2010/2011(INI)

Motion for a resolution
Recital E
E. whereas, the EU 2020 Strategy should set realistic targets for achieving a green, knowledge-based economy, increased employment in the environmental sector and sustainable growth by 2020; whereas the cornerstone of the EU 2020 Strategy should be the single European market, with the challenges of social justice and economic growth and a focus on benefits to citizens, consumer protection and SMEs,
2010/04/14
Committee: IMCO
Amendment 20 #

2010/2011(INI)

Motion for a resolution
Paragraph 4
4. Welcomes and fully supports the Commission’s intention to ‘put back at the heart of the internal market those who live in it and use it daily’ as well as its commitment to be a determined defender of the single market through full use of its enforcement powers and to come up with a social and environmental vision of the single market based on the Lisbon Treaty obligations;
2010/04/14
Committee: IMCO
Amendment 35 #

2010/2011(INI)

Motion for a resolution
Paragraph 8
8. Believes that the crisis should provide a window of opportunity for reforming, consolidating and improving the current structure of the single market, releasing the job creation potential of a green economy and regaining the trust and confidence of citizens, especially consumers and SMEs;
2010/04/14
Committee: IMCO
Amendment 54 #

2010/2011(INI)

Motion for a resolution
Paragraph 14
14. Calls for a new paradigm of political thinking, with citizens and consumers occupying a central role in the relaunch of the single European market; holds the view that this can be achieved by making the European citizen the main political variableplayer in the determination and formulation of Union legislation and policy;
2010/04/14
Committee: IMCO
Amendment 68 #

2010/2011(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Emphasises that the proper functioning of the internal market cannot be dissociated from the role Europe must play as a global economic actor; takes the view that the European Union must protect its social and environmental model by strictly enforcing its rules on imported products and services and firmly upholding the application of those rules, including in the context of multilateral bodies and of World Trade Organisation dispute settlement procedures in particular;
2010/04/14
Committee: IMCO
Amendment 76 #

2010/2011(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Emphasises the huge potential – for the single market – of developing economic activities that produce goods and services making it possible to measure, prevent, reduce, minimise or remedy environmental damage to the water, air and soil or problems relating to waste, noise or ecosystems; stresses, in this connection, the need for massive investment in innovation in the area of cleaner technologies and products and services that can reduce environmental hazards and minimise the use of primary materials;
2010/04/14
Committee: IMCO
Amendment 77 #

2010/2011(INI)

Motion for a resolution
Paragraph 19
19. Urges that, in the digital era, the Union must fully realise the potential and opportunities offered by the Internet and e- commerce for further development of the single market; emphasises that the development of new technologies must take into account the need to protect citizens, and consumers and(especially those who are most vulnerable, including in the context of the gaming industry), along with SMEs;
2010/04/14
Committee: IMCO
Amendment 86 #

2010/2011(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Takes the view that the functioning of the single market would be improved by introducing a genuine environmental tax, for instance in the form of a climate- energy contribution designed to ensure that environmental impact is incorporated into the cost of products and services, thereby reducing distortions of competition;
2010/04/14
Committee: IMCO
Amendment 97 #

2010/2011(INI)

Motion for a resolution
Paragraph 23
23. Emphasises that, in order to secure the social backing and cooperation of European citizens, the EU and national institutions must radically change popular perceptions ofthe way in which the single market functions by making people aware of and able to understand the benefits it offers them;
2010/04/14
Committee: IMCO
Amendment 120 #

2010/2011(INI)

Motion for a resolution
Paragraph 28
28. Affirms that SMEs form an essential part of the backbone of the European economy and are the main drivers for job creation, economic growth and, the shift towards a green economy and for social cohesion in Europe; contends that the active participation of SMEs in an enlarged EU is imperative in making the single market more competitive; Wwill back future joint initiatives by the Commission and the Member States to:
2010/04/14
Committee: IMCO
Amendment 187 #

2010/2011(INI)

Motion for a resolution
Paragraph 48
48. Encourages the Commission to bring forward a proposal for a single market legislative package by May 2011 – well ahead of the adoption of its announced 2012 single market programme – putting social and ecological policy and consumer protection at the centre of the single market to achieve the desired aim of a highly competitive social market economy, which would at the same time ensure a credible level playing field;
2010/04/14
Committee: IMCO
Amendment 197 #

2010/2011(INI)

Motion for a resolution
Paragraph 50
50. Calls on the Commission to attach to its single market legislative package a working document on measures to develop a social single market based on Article 9 TFEU, including a framework directivelegislation to protect services of general economic interest, based on Article 14 TFEU and Protocol 26 thereto, especially since ambiguity and lack of legal clarity have given rise to numerous uncertainties at local-government level;
2010/04/14
Committee: IMCO
Amendment 199 #

2010/2011(INI)

Motion for a resolution
Paragraph 51
51. Calls on the Commission to attach to its single market legislative package a working document on measures to develop a low-carbon, green single market based on Article 11 TFEU, as well as on measures likely to further innovation in cleaner technologies and in products and services likely to reduce environmental risks and to minimise the use of raw materials;
2010/04/14
Committee: IMCO
Amendment 214 #

2010/2011(INI)

Motion for a resolution
Paragraph 56
56. Is of the opinion that the Commission needs to undertake an evaluation of the Service Directive to determine whether it has achieved its main goals and to treat the issue; calls on it in particular to assess whether maintaining a part of the social services of general interest to which the directive applies represents a risk to the running of these services in the public interest and whether the definition in Article 2 of the directive of the social services excluded guarantees sufficient legal certainly for the latter; considers that the issue should be treated as a matter of urgency;
2010/04/14
Committee: IMCO
Amendment 234 #

2010/2011(INI)

Motion for a resolution
Paragraph 60 a (new)
60a. Takes the view that the quality of consumer protection in the financial services sector requires considerable improvement; is in favour of allowing market authorities to scrutinise or even prohibit toxic financial products;
2010/04/14
Committee: IMCO
Amendment 21 #

2010/2009(INI)

Motion for a resolution
Paragraph 4
4. Believes that the chair and the members of the remuneration committee must be members of the management body who do not perform any executive functions in the financial institution concernedor the listed company concerned and who are not directors of other companies as their own remunerations are based on benchmark which give them an interest to encourage remuneration inflation;
2010/05/11
Committee: ECON
Amendment 23 #

2010/2009(INI)

Motion for a resolution
Paragraph 5
5. Is of the opinion that shareholders should contribute towards the determination of sustainable remuneration policies and should be given the opportunity to express their views on the remuneration policies through a non- binding vote onvote with the possibility to reject the remuneration policy defined by the remuneration reportcommittee at the general meeting;
2010/05/11
Committee: ECON
Amendment 29 #

2010/2009(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Reminds that directors should not be driven by their personal financial interest in their management of listed companies; considers that the personal financial interest of directors linked to variable remuneration is in many case in conflict with the long term interest of the company, including the interest of its employees and stakeholders;
2010/05/11
Committee: ECON
Amendment 37 #

2010/2009(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Considers that share based variable remunerations are not appropriate incentives as share prices are particularly volatile which encourage short-term driven financial strategies;
2010/05/11
Committee: ECON
Amendment 41 #

2010/2009(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Considers that stock option plans are not an appropriate remuneration tool as stock options give only a bonus and not a malus in case of failure; believes also that all the remuneration should be based on a bonus and malus principle based on symmetrical rules;
2010/05/11
Committee: ECON
Amendment 44 #

2010/2009(INI)

Motion for a resolution
Paragraph 13
13. Is of the opinion that quality-linked performance criteria should be taken into consideration in order to determine the level of the variable compensation; proposes therefore that the 'social added value of companies' performance' should be taken into consideration as one essential criterion, as well as 'sustainability' criteria when applicable; considers therefore that variable remuneration of directors of listed companies should not be mainly based on financial results but also on operational, safety, social and environmental results;
2010/05/11
Committee: ECON
Amendment 49 #

2010/2009(INI)

Motion for a resolution
Paragraph 15
15. Is of the opinion, for ethical reasons, that the difference between the highest and the lowest remuneration in a company should be reasonable; proposes that the directors’ remunerations should not be higher than five times the average remuneration of the 1000 best paid employees of the company and in any case should not be higher than forty times the median income found in the concerned Member State;
2010/05/11
Committee: ECON
Amendment 50 #

2010/2009(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Is of the opinion, that the pay raise of directors should be consistent with the pay raise of employees of the company; propose that the remuneration of directors of a listed companies should not be increased more than three times the average pay raise of the employees of the company;
2010/05/11
Committee: ECON
Amendment 57 #

2010/2009(INI)

Motion for a resolution
Paragraph 18
18. Stresses that there must be an appropriate balance between variable and fixed remuneration and that in particular an individual's bonus variable remuneration must not make up more than 520% of their total annual remuneration;
2010/05/11
Committee: ECON
Amendment 60 #

2010/2009(INI)

Motion for a resolution
Paragraph 19
19. Suggests that variable remuneration should be paid only if it is sustainable in the light of the financial situation of the institution and justified in the light of the long-term performance of the firm; considers that for financial institutions, competent supervision authority should have the right to limit the overall amount of variable remuneration in order to strengthen equity capital;
2010/05/11
Committee: ECON
Amendment 62 #

2010/2009(INI)

Motion for a resolution
Paragraph 20
20. Underlines that the deferred proportion and the length of the deferral period should be established in accordance with the business cycle, the nature of the business, its risks and the activities of the member of staff in question; considers that in the case of the financial institution all the variable remuneration should be deferred and the deferred period should not be less than five years;
2010/05/11
Committee: ECON
Amendment 63 #

2010/2009(INI)

Motion for a resolution
Paragraph 21
21. Believes that a substantial proportion, i.e. more than 50%, of variable compensation should be awarded in shares or share-linked instruments, as long as these instruments create incentives aligned with long-term value creation and the time horizons of riskbased on non financial criteria as operational, safety, social and environmental results;
2010/05/11
Committee: ECON
Amendment 68 #

2010/2009(INI)

Motion for a resolution
Paragraph 22
22. Suggests setting a limit of a maximum two years of the fixed component ofbanning severance pay in case of non-performance or voluntary departure and that directors' pay on severance pay ('golden parachutes') in case of early termination and banning severance pay in case of non- performance or voluntary departureshould be aligned to the usual rights of employees in such situation;
2010/05/11
Committee: ECON
Amendment 72 #

2010/2009(INI)

Motion for a resolution
Paragraph 24
24. Calls on the Commission to adopt strong binding principles on remuneration policies in the financial sector as suggested in the draft report on the CRD and a naming and shaming procedureto propose binding legislation for listed companies which do notin order to make them respect these principles;
2010/05/11
Committee: ECON
Amendment 5 #

2010/2008(INI)

Motion for a resolution
Recital A
A. whereas derivatives play a largely useful role in spreading risk in the economyallowing some non-financial firms to manage the risks associated with the volatility of commodities prices, foreign exchange rates and interest rates, but differ considerably with regard to risk, operational arrangements and market participants,
2010/04/13
Committee: ECON
Amendment 7 #

2010/2008(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas derivatives have played an important role in the financial crisis in spreading the risk in the financial system in an uncontrolled and opaque manner,
2010/04/13
Committee: ECON
Amendment 8 #

2010/2008(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas AIG failure due to derivatives activities led to a bail-out with an estimated cost of 180 billion US dollars for US tax payers,
2010/04/13
Committee: ECON
Amendment 9 #

2010/2008(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas speculation on derivatives products has exacerbated the volatility of the underlying commodities prices with a harmful impact on populations in the Europe Union and in developing countries,
2010/04/13
Committee: ECON
Amendment 14 #

2010/2008(INI)

Motion for a resolution
Recital D a (new)
Da. whereas recent researches have highlighted that certain complex derivatives generate insurmountable informational asymmetries which are prone to market abuses and manipulations,
2010/04/13
Committee: ECON
Amendment 40 #

2010/2008(INI)

Motion for a resolution
Recital G
G. whereas non-financial firms represent only 5% to 10% of the derivatives markets and that most derivatives used by firms involve no systemic risk,
2010/04/13
Committee: ECON
Amendment 53 #

2010/2008(INI)

Motion for a resolution
Recital I
I. whereas, as a rule, non-financial institutions’ interest rate, foreign-exchange and commodity contracts need no additional regulation, as long as derivatives position of such non-financial institution are non- significant,
2010/04/13
Committee: ECON
Amendment 66 #

2010/2008(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas credit default swap (CDS), which are financial insurance products, are currently traded without any proper regulation,
2010/04/13
Committee: ECON
Amendment 72 #

2010/2008(INI)

Motion for a resolution
Recital I b (new)
Ib. whereas the speculation on Greek CDS proves that regulators need to have an immediate access to information and the possibility to limit speculative positions,
2010/04/13
Committee: ECON
Amendment 73 #

2010/2008(INI)

Motion for a resolution
Recital I c (new)
Ic. considers that beyond hedging price volatility through derivatives it is crucial to tackle the stake of volatility in itself; calls therefore for the strengthening and implementation of a broad set of mechanisms at the European, regional and international level in order to stabilize prices and incomes, such as supply management frameworks,
2010/04/13
Committee: ECON
Amendment 98 #

2010/2008(INI)

Motion for a resolution
Paragraph 2
2. Backs the call for the compulsory introduction of independent clearing between financial institutions for all standardised derivatives, so as to ensure better assessment of counterparty credit risk, and backs the aim of trading as many standardised derivatives as possible, in future, on organised markets; insists that ESMA need to have the responsibility to impose mandatory clearing for standardised derivatives;
2010/04/13
Committee: ECON
Amendment 109 #

2010/2008(INI)

Motion for a resolution
Paragraph 4
4. Notes that, as regards regulation, a dit ist inction must be made many cases impossible to make a clear distinction between derivatives used to hedge firms’ transactions and pure financial market derivativesrisks and pure speculative activities; considers that all actors, financial or non financial firms having significant positions on derivatives markets must be regulated and supervised;
2010/04/13
Committee: ECON
Amendment 133 #

2010/2008(INI)

Motion for a resolution
Paragraph 7
7.Backs the Commission in its intention to confer responsibilities for authorising European and third-country clearing houses on the European Securities and Markets Authority (ESMA); calls the Commission to give the direct supervision of CCPs to the ESMA in coordination with central banks;
2010/04/13
Committee: ECON
Amendment 148 #

2010/2008(INI)

Motion for a resolution
Paragraph 8
8. Insists that neither must CCPs be organised by users, nor must their risk management systems be in competition with each other; considers that the standardization process cannot be driven by user-owned CCPs as users might have no interest in encouraging products standardization; considers that CCPs which are independent from key market participants might take excessive risks in order to maximise profit; Calls for a unique European CCPs providing its services at cost for users and managed by central banks and ESMA.
2010/04/13
Committee: ECON
Amendment 153 #

2010/2008(INI)

Motion for a resolution
Paragraph 9
9. Backs the introduction of one unique European repositoriesy for all trades and positions not exchange- cleared and calls for trade repositories to be regulated and supervised under EMSA direction; Considers that almost immediate post- trade transparency should become the rule for all OTC derivatives;
2010/04/13
Committee: ECON
Amendment 164 #

2010/2008(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Considers that these reforms should lead to a reduction of derivatives’ market size;
2010/04/13
Committee: ECON
Amendment 180 #

2010/2008(INI)

Motion for a resolution
Paragraph 12
12. Backs the Commission in its plan to establish CCPs under independent European responsibility which are independent from key market participants; considers that CCPs should not be interconnected as it would lead to inappropriate supervision; considers that derivatives products with underlying assets in European currencies should be cleared in CCPs having an access to the central bank liquidity of the underlying currency of these assets; considers that European banks should, as a rule, clear their derivatives in European regulated CCPs;
2010/04/13
Committee: ECON
Amendment 193 #

2010/2008(INI)

Motion for a resolution
Paragraph 14
14. Backs the Commission in its intention to provide for exemptions and lower capital requirements for SMEs’ bilateral derivatives as long as derivatives are non significant in the balance sheet of these SME;
2010/04/13
Committee: ECON
Amendment 206 #

2010/2008(INI)

Motion for a resolution
Paragraph 15
15. Calls, as a matter of priority, for credit default swaps to be made subject to mandatory independent central clearing and, if necessary, checked to establish whether individual types of derivative with cumulative risks should only be conditionally authorised or even, on a case- by-case basis, prohibited; considers that CDS should be based on insurable interest principle which would oblige to hold underlying assets;
2010/04/13
Committee: ECON
Amendment 212 #

2010/2008(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Considers that dealers of CDS should have a special authorisation and regulation in order to guarantee that dealers of such products will be able to assume their commitments in case of severe markets conditions. The competent authorities should do regular stress tests to insure the solvency of CDS dealers in such conditions. CDS dealers must be obliged to have sufficient technical provisions as already in place for insurance companies. Any institution unable to comply with these requirements would not be allowed to sell CDS;
2010/04/13
Committee: ECON
Amendment 216 #

2010/2008(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Asks the Commission for a cost- benefit analysis of the credit default swaps development during the last ten years as the financial crisis has proved that the current highly complex financial system is neither efficient nor stable;
2010/04/13
Committee: ECON
Amendment 217 #

2010/2008(INI)

Motion for a resolution
Paragraph 15 c (new)
15c. Considers that complex derivatives should be submitted frequently to ex-post scrutiny based on new evidence and that the revision of the market abuses directive should include the potential use of informational asymmetries generated by these products;
2010/04/13
Committee: ECON
Amendment 234 #

2010/2008(INI)

Motion for a resolution
Paragraph 17
17. Notes that for trading commodities and agricultural products, but also greenhouse gas emission allowances, it must be ensured that that market operates transparently in order to stem speculation; Insists that financial actors acting on commodities markets needs to be carefully monitored and that European and national regulatory authorities must have the possibility to set limits to these positions or impose physical settlement to derivatives contracts in order to stem speculation which has a harmful impact on populations in the Europe Union and in developing countries;
2010/04/13
Committee: ECON
Amendment 246 #

2010/2008(INI)

Motion for a resolution
Paragraph 18
18. Underlines the fact that regulation which is as consistent as possible and internationally coordinated is desirable, but, since there are differing viewpoints, considers separate European regulation for derivatives to be necessary as strengthening the European financial institutions resiliency is key for the financing of SMEs and households;
2010/04/13
Committee: ECON
Amendment 247 #

2010/2008(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls the Commission to set a figure target that at least 80% of the derivatives market moves to central clearing as due to their specific nature OTC products should not represent significant part of the derivatives market and should become the exception;
2010/04/13
Committee: ECON
Amendment 251 #

2010/2008(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Welcomes the Commission’s intention to submit legislative proposals on CDS;
2010/04/13
Committee: ECON
Amendment 42 #

2010/0373(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) In some Member States specific direct debit transactions exist which seem very similar to payment card transactions given that the payer uses a card at the point of sale to initiate the payment transaction. However, the underlying payment scheme is a direct debit. The card is only used for a read-out in order to facilitate an electronic generation of the mandate, which has to be signed by the payer at the point of sale. Because of its substantial transaction volume, such payment services cannot be classified as a niche product but even so are in need until an adequate SEPA substitute is available. In this regard, stakeholders are requested to develop an adequate SEPA substitute, which shall be approved by the Commission, before the existing national direct debit schemes that enable these kind of transactions are phased out.
2011/06/07
Committee: IMCO
Amendment 43 #

2010/0373(COD)

Proposal for a regulation
Recital 20
(20) In order to ensure that redress is possible where this Regulation has been incorrectly applied, Member States should establish adequate and effective out-of- court complaint and redress procedures for settling any dispute arising therefrombetween payment service users and payment service providers.
2011/06/07
Committee: IMCO
Amendment 46 #

2010/0373(COD)

Proposal for a regulation
Recital 28 a (new)
(28a) The European Payment Council (EPC) has had an overwhelming influence on the governance of SEPA. Currently, the banking industry dominates the EPC, which has lead to an exclusion of user interests in the decision- making process on SEPA. Therefore, a reform of SEPA governance is necessary to ensure that this decision-making process will be more democratic and transparent.
2011/06/07
Committee: IMCO
Amendment 47 #

2010/0373(COD)

Proposal for a regulation
Article 5 a (new)
Charges Where the payment service user is a consumer, a payment service provider shall not levy higher inflation-adjusted charges for credit transfers and direct debits for a period of [10] years from the date referred to in Article 5 paragraph 1 and 2 than it has levied on that payment service user for corresponding or in terms of conditions and technical requirements comparable credit transfers and direct debits of the same value under national payment schemes on 1 December 2010.
2011/06/07
Committee: IMCO
Amendment 48 #

2010/0373(COD)

Proposal for a regulation
Article 5 b (new)
Member States shall ensure that in case of a direct debit, a payer is entitled to a refund from his payment service provider of an authorised payment transaction initiated by or through a payee which has already been executed. The refund consists of the full amount of the executed payment transaction. Within 30 business days of receiving a request for a refund, the payment service provider shall refund the full amount to the value date of the refunded payment transaction.
2011/06/07
Committee: IMCO
Amendment 52 #

2010/0373(COD)

Proposal for a regulation
Article 5 – paragraph 4 a (new)
4a. The payment service providers of the payer and the payee shall not levy any charges or other fees on the read out process, which provides the data for those payment transactions initiated through or by means of a payment card at the point of sale, which result in direct debit.
2011/06/07
Committee: IMCO
Amendment 53 #

2010/0373(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
(a) the arrangement shall be aimed at efficiently allocating costs to the party thatprovide that payment service providers collect the resulting fee with the payment initiating payees only; this is without prejudice on a duty of the payer to refund this fee to the payee, if the payer is to blame to hasve caused the R-transaction, while taking into account the existence of transaction costs andithout proper reason reflecting the duties arising of the paid contract as well as the aim of consumer protection
2011/06/07
Committee: IMCO
Amendment 130 #

2010/0250(COD)

Proposal for a regulation
Recital 4
(4) Over-the-counter (OTC) derivatives lack transparency as they are privately negotiated contracts and any information concerning them is usually only available to the contracting parties. They create a complex web of interdependence which can make it difficult to identify the nature and level of risks involved. The financial crisis has demonstrated that such characteristics increase uncertainty in times of market stress and accordingly, pose risks to financial stability. This Regulation lays down conditions for mitigating those risks and improving the transparency of derivative contracts. regardless of the trading arrangements (trading venue or bilateral agreement) under which they are initially concluded
2011/03/30
Committee: ECON
Amendment 134 #

2010/0250(COD)

Proposal for a regulation
Recital 7
(7) The European Securities and Markets Authority (ESMA) acts within the scope of this Regulation by safeguarding the stability of financial markets in emergency situations and ensuring the consistent application of Union rules by national supervisory authorities and settling disagreements between them. It is also entrusted with developing legally binding regulatory technical standards and has a central role in the authorisation and monitoring of central counterparties and trade repositories. to ensure a consistent approach across the Union to the clearing and reporting of derivative contracts regardless of the trading arrangements (trading venue or bilateral agreement) under which they are initially concluded
2011/03/30
Committee: ECON
Amendment 135 #

2010/0250(COD)

Proposal for a regulation
Recital 8
(8) Uniform rules for clearing and reporting of transactions are required for derivative contracts set out in Annex I, Section C, numbers (4) to (10) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC21 that are traded over-the- counter or on organised trading venues such as regulated markets or other multilateral trading facilities.
2011/03/30
Committee: ECON
Amendment 143 #

2010/0250(COD)

Proposal for a regulation
Recital 9 a (new)
(9 a) An entity established in the Union that intends to act as a CCP shall apply for a credit institution authorisation to the competent authority of the Member State where it is established. The authorisation shall be granted if the applicant fully complies with the provisions of this regulation and be limited to clearing activities. A special limited purpose banking licence should be defined under article 4(1) of Directive 200/49/EC of the European Parliament and of the Council.
2011/03/30
Committee: ECON
Amendment 166 #

2010/0250(COD)

Proposal for a regulation
Recital 16
(16) Where appropriate, rules applicable to financial counterparties, should also apply to non-financial counterparties. It is recognised that non-financial counterparties use OTC-derivative contracts in order to cover themselves against commercial risks directly linked to their commercial activities. Consequently, in determining whether a non-financial counterparty should be subject to the clearing obligation, consideration should be given to the purpose for which that non- financial counterparty uses OTC derivatives and to the size of the exposures that it has in those instruments. When establishing the threshold for the clearing obligation, ESMA should consult all relevant authorities, as for example regulators responsible for commodity markets, in order to ensure that the particularities of these sectors are fully taken into account. Moreover, by 31 December 2013, the Commission shall assess the systemic importance of the transactions of non- financial firms in OTC derivatives in different sectors, including the energy sector.
2011/03/30
Committee: ECON
Amendment 178 #

2010/0250(COD)

Proposal for a regulation
Recital 20
(20) The introduction of a clearing obligation along with a process to establish which CCPs can be used for the purpose of this obligation may lead to unintended competitive distortions of the OTC derivatives market. For example, a CCP could refuse to clear transactions executed on certain trading venues because the CCP is owned by a competing trading venue. In order to avoid such discriminatory practices, CCPs should accept to clear transactions executed in different venues, to the extent that those venues comply with the operational and technical requirements established by the CCP. Generally, the Commission should continue to closely monitor the evolution of the OTC derivatives market and should, where necessary, intervene in order to prevent such competitive distortions from occurring in the Internal Market.
2011/03/30
Committee: ECON
Amendment 181 #

2010/0250(COD)

Proposal for a regulation
Recital 21
(21) In order to identify the relevant classes of OTC derivatives that should be subject to the clearing obligation, the thresholds and systemically relevant non-financial counterparties, reliable data is needed. Therefore, for regulatory purposes, it is important that a uniform OTC derivatives data reporting requirement is established at Union level.
2011/03/30
Committee: ECON
Amendment 185 #

2010/0250(COD)

Proposal for a regulation
Recital 22
(22) It is important that market participants report all details regarding OTC derivative contracts they have entered into to trade repositories. As a result, information on the risks inherent in OTC derivatives markets will be centrally stored and easily accessible to ESMA, the relevant competent authorities and the relevant central banks of the ESCB.
2011/03/30
Committee: ECON
Amendment 189 #

2010/0250(COD)

Proposal for a regulation
Recital 27
(27) As this Regulation introduces a legal obligation to clear through specific CCPs for regulatory purposes, it is essential to ensure that those CCPs are safe and sound and comply at all times with stringent organisational, conduct of business and prudential requirements established by this Regulation. They should apply to the clearing of all financial instruments CCPs deal with, regardless of the trading arrangements (trading venue or bilateral agreement) under which they are initially concluded, in order to ensure a uniform application.
2011/03/30
Committee: ECON
Amendment 191 #

2010/0250(COD)

Proposal for a regulation
Recital 29
(29) Direct rules regarding the authorisation and supervision of CCPs are an essential corollary to the obligation to clear OTC derivatives. It is appropriate that national competent authorities in conjunction with ESA (ESMA) should retain the responsibility for all aspects of the authorisation and the supervision of CCPs, including the verification that the applicant CCP is compliant with this Regulation and with Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems27 , in view of the fact that those national competent authorities remain best placed to examine how the CCPs operate on a daily basis, to carry out regular reviews and to take appropriate action, where necessary.
2011/03/30
Committee: ECON
Amendment 193 #

2010/0250(COD)

Proposal for a regulation
Recital 31
(31) It is necessary to reinforce provisions on exchange of information between competent authorities and to strengthen the duties of assistance and cooperation between them. Due to increasing cross- border activity, competent authorities should provide each other with the relevant information for the exercise of their functions so as to ensure the effective enforcement of this Regulation, including in situations where infringements or suspected infringements may be of concern to authorities in two or more Member States. For the exchange of information, strict professional secrecy is needed. It is essential, due to the wide impact of OTC derivative contracts, that other relevant authorities, such as tax authorities and energy regulators, have access to information necessary to the exercise of their functions.
2011/03/30
Committee: ECON
Amendment 200 #

2010/0250(COD)

Proposal for a regulation
Recital 36
(36) Clients of clearing members that clear their OTC derivatives with CCPs should be granted a high level of protection. The actual level of protection depends on the level of segregation that those clients choose. Intermediaries should segregate their assets from those of their clients. For this reason, CCPs should keep updated and easily identifiable records.
2011/03/30
Committee: ECON
Amendment 205 #

2010/0250(COD)

Proposal for a regulation
Recital 38
(38) Margin calls and haircuts on collateral may have procyclical effects. CCPs and competent authorities and ESA (ESMA) should therefore adopt measures to prevent and control possible procyclical effects in risk management practices adopted by CCPs, to the extent that a CCP's soundness and financial security is not negatively affected.
2011/03/30
Committee: ECON
Amendment 211 #

2010/0250(COD)

Proposal for a regulation
Recital 42
(42) Interoperability arrangements are important tools for greater integration of the post-trading market within the Union and regulation should be provided for. However, interoperability arrangements may expose CCPs to additional risks. Given the additional complexities involved in an interoperability arrangement between CCPs clearing OTC derivative contracts, it is appropriate at this stage to require a grace period of 5 years between receiving clearing authorisation for derivatives and eligibility to apply for authorisation for interoperability as well as to restrict the scope of subsequent interoperability arrangements to cash securities. However, by 30 September 2014, ESMA should submit a report to the Commission on whether and when an extension of that scope to other financial instruments would be appropriate.
2011/03/30
Committee: ECON
Amendment 218 #

2010/0250(COD)

Proposal for a regulation
Recital 50
(50) The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of the details to be included in the notification to ESMA and in the register and the criteria for the decision of ESMA on the eligibility for the clearing obligation, on the information and clearing threshold, on criteria for the objective identification of the use of derivatives for hedging activities and criteria for identifying the use of derivatives for regulatory arbitrage, on risk assessment, on types of markets for which a more detailed level of segregation of assets and positions should be offered to clients on the maximum time lag regarding the contract, on liquidity, on the minimum content of governance rules, on details of record keeping, on minimum content of business continuity plan and the services guaranteed, on percentages and time horizon for margin requirementdetails of establishment and operation of default funds, on percentages and time horizon for margin requirements and minimum margin requirements and calibration standards, on extreme market conditions, on highly liquid collateral and haircuts and minimum collateral standards, on highly liquid financial instruments and concentration limits, on details for performance of tests, on appropriate limits on re-hypothecation on details concerning the application of a trade repository for registration with ESMA, on fines and on details concerning the information that a trade repository should make available, as referred to in this Regulation. In defining the delegated acts, the Commission should make use of the expertise of the relevant European Supervisory Authorities (ESMA, EBA and EIOPA). In view of the expertise of ESMA regarding issues concerning securities and securities markets, ESMA should play a central role in advising the Commission on the preparation of the delegated acts. However, where appropriate, ESMA should consult closely with the other two European Supervisory Authorities.
2011/03/30
Committee: ECON
Amendment 220 #

2010/0250(COD)

Proposal for a regulation
Recital 52
(52) Since the objectives of this Regulation, namely to lay down uniform requirements for over-the-counter (OTC)the mandating of clearing and reporting of derivative contracts and to also lay down uniform requirements for the performance of activities of central counterparties and trade repositories, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
2011/03/30
Committee: ECON
Amendment 228 #

2010/0250(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down uniform requirements for derivative contracts set out in Annex I Section C numbers (4) to (10) of Directive 2004/39/EC that are traded over-the-counter, on a multilateral trading facility or on a regulated market and lays down uniform requirements for the performance of activities of central counterparties and trade repositories.
2011/03/30
Committee: ECON
Amendment 232 #

2010/0250(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to central counterparties and their trading members, financial counterparties and to trade repositories. It shall apply to non- financial counterparties where so provided.
2011/03/30
Committee: ECON
Amendment 259 #

2010/0250(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
(5 a) ‘commodity derivatives’ means derivatives contracts that share the common essential characteristic that the underlying assets are non-financial;
2011/03/30
Committee: ECON
Amendment 260 #

2010/0250(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
(5 b) "regulated market" means a multilateral system as defined in Article 4(1)(14) of Directive 2004/39/EC;
2011/03/30
Committee: ECON
Amendment 261 #

2010/0250(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 c (new)
(5 c) "multilateral trading facility (MTF)" means a multilateral system as defined in Article 4(1)(15) of Directive 2004/39/EC;
2011/03/30
Committee: ECON
Amendment 291 #

2010/0250(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
A financial counterparty and a non financial counterparty as referred to in article 7(2) shall clear all OTC derivative contracts which are considered eligible pursuant to Article 4 and are concluded with other financial counterparties and a non financial counterparty as referred to in article 7(2) in the relevant CCPs listed in the register as referred to in Article 4(4).
2011/03/30
Committee: ECON
Amendment 294 #

2010/0250(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 a (new)
There shall be no clearing obligation in the case of derivative contracts between subsidiary undertakings of the same parent company or between a parent company and a subsidiary undertaking. ‘Parent companies’ and ‘subsidiary companies’ for the purposes of this provision shall be companies thus defined under the relevant EU rules. This derogation shall not affect the reporting obligation under Article 6 or the obligations in relation to risk mitigation techniques under Article 8. The exemptions shall only apply where the parent company concerned has first notified the competent authority of its home Member State, in writing that they intend to make use of the exemption. The notification shall be made not less than thirty calendar days before the use the exemption. The competent authority shall ensure that the exemption is only used for derivative contracts that fulfil all of the following conditions : (a) derivative contracts between subsidiary undertakings of the same parent company or between a parent company and a subsidiary undertaking are justified for economic reasons (b) the use of the exemption does not increase systemic risk in the financial system (c) there are no legal restrictions to capital flows between the subsidiary undertakings of the same parent company or between the parent company and the subsidiary undertaking.
2011/03/30
Committee: ECON
Amendment 301 #

2010/0250(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2
That clearing obligation shall also apply to financial counterparties and to the non- financial counterparties referred to in Article 7(2) which enter into eligible OTC derivative contracts with third country entities.
2011/03/30
Committee: ECON
Amendment 327 #

2010/0250(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Where a competent authority has authorised a CCP to clear a class of derivatives under Article 10 or 11, it shall immediately notify ESMA of that authorisation and request a decision on the eligibility for the clearing obligation referred to in Article 3. This obligation also applies to the competent authority in a third country with regard to classes of derivatives for which a CCP in that third country has been authorised to provide services to clients established in the Union.
2011/03/30
Committee: ECON
Amendment 354 #

2010/0250(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point d
(d) ability of the CCP to handle the volume of contracts;deleted
2011/03/30
Committee: ECON
Amendment 361 #

2010/0250(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point e
(e) level of client protection provided by the CCP.deleted
2011/03/30
Committee: ECON
Amendment 417 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Financial counterparties shall report to a trade repository registered in accordance with Article 51 the details of any OTC derivative contract they have entered into that is not handled by a CCP and any modification or termination. Contracts handled by a CCP should be reported directly by the CCP. The details shall be reported no later than the workingbusiness day following the execution, clearing, or modification of the contract.
2011/03/30
Committee: ECON
Amendment 431 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2 a (new)
Each counterparty to a derivative contract shall report the contract independently such that the two sides of the transaction can be reconciled by the trade repository.
2011/03/30
Committee: ECON
Amendment 432 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Where a trade repository is not able to record the details of an OTC derivative contract, financial counterparties shall report the details of their positions in those contracts to the competent authority designated in accordance with Article 48 of Directive 2004/39/EC. The details to be reported to the competent authority shall be at least those that would be reported to the trade repository.deleted
2011/03/30
Committee: ECON
Amendment 449 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Powers are delegated to the Commission to determine the details and type of the reports referred to in paragraphs 1 and 2 for the different classes of derivatives as well as criteria and conditions for retrospective reporting of outstanding derivative contracts entered into prior to the entry in force of the regulation.
2011/03/30
Committee: ECON
Amendment 454 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2 – point b a (new)
(b a) for derivatives that do not conform to a standard format there shall be a placeholder format permitting competent authorities to detect the existence of such a trade at take any required regulatory measures
2011/03/30
Committee: ECON
Amendment 455 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2 – point b b (new)
(b b) a unique contract identifier
2011/03/30
Committee: ECON
Amendment 458 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 4
ESMA shall develop draft regulatory technical standards for submission to the Commission by 30 June 2012. Where the draft regulatory technical standards concern wholesale energy products within the meaning of the Regulation on energy market integrity and transparency (COM(2010) 726/3) ESMA shall consult the Agency for the Cooperation of Energy Regulators (ACER).
2011/03/30
Committee: ECON
Amendment 464 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2
ESMA shall develop draft implementing technical standards for submission to the Commission by 30 June 2012.Where the draft implementing technical standards concern wholesale energy products within the meaning of the Regulation on energy market integrity and transparency (COM(2010) 726/3) ESMA shall consult the Agency for the Cooperation of Energy Regulators (ACER).
2011/03/30
Committee: ECON
Amendment 467 #

2010/0250(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Where a non-financial counterparty takes positions in OTC derivative contracts that exceed the information threshold to be determined pursuant to paragraph 3(a), it shall notify the competent authority designated in accordance with Article 48 of Directive 2004/39/EC thereof, providing justification for taking those positions.deleted
2011/03/30
Committee: ECON
Amendment 472 #

2010/0250(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
ThatA non-financial counterparty shall be subject to the reporting obligation set out in Article 6(1).
2011/03/30
Committee: ECON
Amendment 475 #

2010/0250(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Where a non-financial counterparty takes positions in OTC derivative contracts exceeding the clearingsuch that the average position over 90 days exceeds the threshold to be determined pursuant to paragraph 3(b), it shall be subject to the clearing obligation set out in Article 3 with regard to all its eligible OTC derivative contracts.
2011/03/30
Committee: ECON
Amendment 484 #

2010/0250(COD)

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a
Powers are delegated to the Commission to adopt regulatory technical standards specifying: (a) the information threshold; (b) the clearing treshol the clearing threshold. deleted
2011/03/30
Committee: ECON
Amendment 494 #

2010/0250(COD)

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2
Those thresholds shall be determined taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of derivatives as well as criteria identified in article 4(3) or any other criteria identified by the Commission after involvement of any relevant competent authorities for the non financial undertaking such as the Agency for the Cooperation of Energy Regulators (ACER).
2011/03/30
Committee: ECON
Amendment 509 #

2010/0250(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. In calculating the positions referred to in paragraph 2, OTC derivative contracts entered into by a non-financial counterparty that are objectively measurable as directly linked to reducing the market and credit risk to which the commercial activity of that counterparty is exposed shall not be taken into account. Powers are delegated to the Commission to adopt regulatory technical standards specifying criteria for the determination of whether a derivative is directly linked to reducing the market and credit risk to which the commercial activity of a counterparty is exposed. The draft regulatory standards referred to in paragraph 1a shall be adopted in accordance with Articles [7 to 7d] of Regulation …/… [ESMA Regulation]. ESMA shall submit drafts for those regulatory standards to the Commission by 30 June 2012.
2011/03/30
Committee: ECON
Amendment 510 #

2010/0250(COD)

Proposal for a regulation
Article 7 – paragraph 4 a (new)
4 a. Powers are delegated to the Commission to adopt regulatory technical standards specifying criteria for the determination of whether a derivative is directly linked to reducing the market and credit risk to which the commercial activity of a counterparty is exposed. The draft regulatory standards referred to in paragraph 1a shall be adopted in accordance with Articles [7 to 7d] of Regulation …/… [ESMA Regulation]. ESMA shall submit drafts for those regulatory standards to the Commission by 30 June 2012.
2011/03/30
Committee: ECON
Amendment 516 #

2010/0250(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – introductory part
Financial counterparties or the non- financial counterparties referred to in Article 7(2), that enter into an OTC derivative contract not cleared by a CCP, shall ensure with due diligence that appropriate prudential procedures and arrangements are in place to measure, monitor and mitigate operational, market and credit risk, including at least:
2011/03/30
Committee: ECON
Amendment 520 #

2010/0250(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point a
(a) where possible, electronic means ensuring the timely confirmation of the terms of the OTC derivative contract;
2011/03/30
Committee: ECON
Amendment 524 #

2010/0250(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 a (new)
The ESA (ESMA) shall regularly monitor the activity in derivatives not eligible for clearing in order to identify cases where a particular class of contracts may pose systemic risk. The ESA (ESMA) after consultation with ESRB shall take action in order to prevent the further accumulation of contracts in such a class.
2011/03/30
Committee: ECON
Amendment 530 #

2010/0250(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 a (new)
The competent authority and ESA (ESMA) shall ensure that prudential procedures and arrangements aim to prevent regulatory arbitrage between cleared and non-cleared derivative transactions and reflect risk transfers arising from derivatives contracts. ESA (ESMA) and competent authorities shall revise margin standards in order to prevent regulatory arbitrage in conformity with provisions of article 37.
2011/03/30
Committee: ECON
Amendment 534 #

2010/0250(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Powers are delegated to the Commission to adopt regulatory technical standards specifying guidelines for appropriate prudential procedures and arrangements and margin standards referred in paragraph 1, as well as the maximum time lag between the conclusion of an OTC derivative contract and the confirmation referred to in paragraph 1(a).
2011/03/30
Committee: ECON
Amendment 545 #

2010/0250(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Where a CCP that is a legal person established in the Union and has access to adequate liquidity intends to perform its services and activities, it shall apply for authorisation to the competent authority of the Member State where it is establishedAn entity established in the Union that intends to act as a CCP shall apply for a credit institution authorisation to the competent authority of the Member State where it is established in accordance with Article 6 of Directive 2006/48/EC. The authorisation shall follow the procedure under Article 13, be granted if the applicant fully complies with the provisions laid down in Title IV and be limited to clearing activities as defined under article 2.
2011/03/30
Committee: ECON
Amendment 561 #

2010/0250(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. A CCP shall have a permanent, available and separate initial capital of at least EUR 510 million to be authorised pursuant to Article 10.
2011/03/30
Committee: ECON
Amendment 563 #

2010/0250(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Capital, together with retained earnings and reserves of a CCP, shall at all times be proportionate to the size and the risk involved in the CCP and be sufficient to ensure an orderly winding- down or restructuring of the activities over an appropriate time span and that the CCP is adequately protected against operational and residual risks.
2011/03/30
Committee: ECON
Amendment 566 #

2010/0250(COD)

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 3
The ESA (ESMA) shall, in close cooperation with ESA (EBA) and the European System of Central Banks (ESCB) and in consultation with EBA, submit a draft to the Commission for those regulatory technical standards by 30 June 2012.
2011/03/30
Committee: ECON
Amendment 567 #

2010/0250(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. The competent authorityESMA shall only grant authorisation where it is fully satisfied that the applicant CCP complies with all the requirements set out in this Regulation, the requirements adopted pursuant to Directive 98/26/EC, and following the joint positive opinion of the college referred to in Article 15 and the opinion of ESMA.
2011/03/30
Committee: ECON
Amendment 569 #

2010/0250(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. The competent authority shall only grant authorisation where it is fully satisfied that the applicant CCP complies with all the requirements set out in this Regulation, the requirements adopted pursuant to Directive 98/26/EC, and following the joint positive opinion of the college referred to in Article 15 and the opinion of ESMAs well as the positive opinion of ESA (ESMA) and if provided the opinion of ESA (EBA) and the Central bank of issue.
2011/03/30
Committee: ECON
Amendment 597 #

2010/0250(COD)

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 a (new)
If a majority of the members of the college considers that the competent authority of the Member State of establishment of the CCP is not exercising its responsibilities in an appropriate manner and that it constitutes a threat to financial stability, the college shall immediately notify ESA (ESMA) of any breach in the supervision of the CCP. ESA (ESMA) shall issue a decision as to whether it considers the supervision by the competent authority of the Member State of establishment of the CCP to be appropriate and constitutes a threat to financial stability. If ESA (ESMA) considers that a the supervision is inappropriate, ESMA may impose corrective measures on competent authorities.
2011/03/30
Committee: ECON
Amendment 598 #

2010/0250(COD)

Proposal for a regulation
Article 14 – paragraph 3 a (new)
3 a. Powers are delegated to the Commission to adopt regulatory technical standards specifying the risk assessment referred to in Article 14 paragraph 2 and Article 15 paragraph 1. The regulatory technical standards referred to in the first subparagraph shall be adopted in accordance with Articles [7 to 7d] of Regulation …/… [ESMA Regulation]. The ESA (ESMA) shall, in close cooperation with the European System of Central Banks (ESCB) and in consultation with EBA, submit a draft to the Commission for those regulatory technical standards by 30 June 2012.
2011/03/30
Committee: ECON
Amendment 615 #

2010/0250(COD)

Proposal for a regulation
Article 16 – paragraph 1 a (new)
1 a. The procedure for the decision to withdrawal authorisation shall require a joint positive opinion of the same college as referred to in the original authrorisation as well as a positive opinion from ESMA.
2011/03/30
Committee: ECON
Amendment 617 #

2010/0250(COD)

Proposal for a regulation
Article 16 – paragraph 3 a (new)
3 a. The competent authority shall ensure the orderly execution of the necessary procedures for the transfer or settlement of the assets of members' or clients' related to derivatives subject to the clearing obligation which the withdrawal of authorisation renders the CCP unable to clear
2011/03/30
Committee: ECON
Amendment 618 #

2010/0250(COD)

Proposal for a regulation
Article 16 – paragraph 3 b (new)
3 b. The withdrawal of authorisation shall be effective for the entire territory of the Union.
2011/03/30
Committee: ECON
Amendment 620 #

2010/0250(COD)

Proposal for a regulation
Article 17 – paragraph 2
The review and evaluation shall have regard to the size, systemic importance, nature, scale and complexity of the activities of the CCP as well as criteria identified in article 4(3).
2011/03/30
Committee: ECON
Amendment 622 #

2010/0250(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. Each Member State shall designateCompetent authorities Competent authorities ESA (ESMA) is the competent authority responsible for carrying out the duties resulting from this Regulation for the authorisation, supervision and oversight of CCPs established in its territory and shall inform the Commission and ESMA thereof. Where a Member State designates more than one competent authority, it shall clearly determine the respective roles and shall designate a single authority to be responsible for co-ordinating co-operation and the exchange of information with the Commission, ESMA and other Member States’ competent authorities in accordance with Articles 19 to 22the EU.
2011/03/30
Committee: ECON
Amendment 623 #

2010/0250(COD)

Proposal for a regulation
Article 18 – paragraph 2
Competent authorities Competent authorities 2. Each Mmember State shall ensure that the competent authorities have thESMA have supervisory and investigatory powers necessary for the exercise of their functions.
2011/03/30
Committee: ECON
Amendment 624 #

2010/0250(COD)

Proposal for a regulation
Article 18 – paragraph 4
4. ESMA shall publish a list of the competent authorities designated in accordance with paragraph 1 on its websiCompetent authorities Competent authorities delete.d
2011/03/30
Committee: ECON
Amendment 629 #

2010/0250(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Competent authorities shall cooperate closely with each other, with the ESA (ESMA), ESA (EBA) and with ESMAthe ESCB.
2011/03/30
Committee: ECON
Amendment 637 #

2010/0250(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. ESMA shall transmit confidential information relevant to the performance of their tasks, including relevant information relating to third country CCPs providing clearing services as referred to in Article 23 and trade repositories maintaining data as stipulated in Article 63, to the competent authorities responsible for the supervision of the CCPs. Competent authorities and other relevant authorities shall communicate the necessary information for the exercise of their duties set out in this Regulation to ESMA and other competent authorities.
2011/03/30
Committee: ECON
Amendment 639 #

2010/0250(COD)

Proposal for a regulation
Article 22
The competent authority or any other authority shall inform ESMA, the collegeESCB and ESRB and other relevant authorities without undue delay of any emergency situation relating to a CCP, including developments in financial markets, which may have an adverse effect on market liquidity and the stability of the financial system in any of the Member States where the CCP or one of its clearing members are established. In case of emergency, ESA (ESMA) in close cooperation with ESA (EBA) the ESCB and ESRB, shall secure and coordinate intervention to mitigate any impact on the orderly functioning of the Union's financial markets while ensuring equal treatment of CCPs.
2011/03/30
Committee: ECON
Amendment 657 #

2010/0250(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point c a (new)
(c a) the third country applies reciprocal access conditions for EU based CCPs and a mutual recognition regime has been implemented in that third country.
2011/03/30
Committee: ECON
Amendment 658 #

2010/0250(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point c b (new)
(c b) the conditions imposed on third countries' CCPs shall preserve a level playing field between European CCPs and third countries' CCPs.
2011/03/30
Committee: ECON
Amendment 682 #

2010/0250(COD)

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
A CCP shall have a board of which at least one thirdhalf, but no less than two, of its members are independent. The compensation of the independent and other non-executive members of the board shall not be linked to the business performance of the CCP.
2011/03/30
Committee: ECON
Amendment 687 #

2010/0250(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. A CCP shall establish a risk committee, which shall be composed of representatives of its clearing members and independent members of the boardvarious groups of representatives, including representatives of its clearing members, the clients of its clearing members, independent experts and representative of the competent authority of the CCP provided that client representatives are different of clearing member representatives. Independent experts and representative of the competent authority of the CCP shall have a majority on this body. The risk committee may invite employees of the CCP to attend risk committee meetings in a non-voting capacity. The advice of the risk committee shall be independent from any direct influence by the management of the CCP.
2011/03/30
Committee: ECON
Amendment 715 #

2010/0250(COD)

Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point d a (new)
(d a) whether there are reasonable grounds to suspect that, in connection with the proposed acquisition, the costs to clients, adaptability, resilience or level of service of the system of CCPs in the Union may be adversely affected
2011/03/30
Committee: ECON
Amendment 717 #

2010/0250(COD)

Proposal for a regulation
Article 30 – paragraph 6 – point a
(a) another CCP, a credit institution, assurance undertaking, insurance undertaking, reinsurance undertaking, investment firm, market operator, an operator of a security settlement system, a UCITS management company or an AIFM authorised in another Member State;
2011/03/30
Committee: ECON
Amendment 719 #

2010/0250(COD)

Proposal for a regulation
Article 30 – paragraph 6 – point b
(b) the parent undertaking of another CCP, a credit institution, assurance undertaking, insurance undertaking, reinsurance undertaking, investment firm, market operator, an operator of a security settlement system, a UCITS management company or an AIFM authorised in another Member State;
2011/03/30
Committee: ECON
Amendment 721 #

2010/0250(COD)

Proposal for a regulation
Article 30 – paragraph 6 – point c
(c) a natural or legal person controlling another CCP, a credit institution, assurance undertaking, insurance undertaking, reinsurance undertaking, investment firm, market operator, an operator of a security settlement system, a UCITS management company or an AIFM authorised in another Member State.
2011/03/30
Committee: ECON
Amendment 726 #

2010/0250(COD)

Proposal for a regulation
Article 32 – paragraph 1 a (new)
1 a. A CCP shall establish, implement and maintain an adequate procedure ensuring the timely and orderly settlement or transfer of clients' assets in the event of a withdrawal of authorisation consequent to a decision under article 16.
2011/03/30
Committee: ECON
Amendment 754 #

2010/0250(COD)

Proposal for a regulation
Article 36 – paragraph 3 a (new)
3 a. A CCP shall publicly disclose any breaches by clearing members of the criteria referred to in Article 35 paragraph 1 and paragraph 2.
2011/03/30
Committee: ECON
Amendment 755 #

2010/0250(COD)

Proposal for a regulation
Article 37 – paragraph 1
1. A CCP shall keephave in place records and accounts that shall enable it, at any time and without delay, to identify and segregate the assets and positions of one clearing member from the assets and positions of any other clearing member and from its own asset, systems and procedures to ensure that, upon a pre-defined trigger event, the assets and positions of solvent and non-defaulting clearing members and their clients, and the assets and positions of clients of a defaulting clearing member, can be determined and are protected against losses arising from such defaulting clearing member to the extent possible. Accordingly such assets and positions shall be dealt with in accordance with the provisions of this Article, the default procedures of the CCP as required by Article 45 and in accordance with this Regulation generally. Member States shall ensure that their insolvency laws include derogations sufficient to allow CCPs to meet the objectives and requirements of these provisions.
2011/03/30
Committee: ECON
Amendment 769 #

2010/0250(COD)

Proposal for a regulation
Article 37 – paragraph 2
2. A CCP shall require each clearing member to distinguish and segregate in accounts with the CCP the assets and positions of that clearing member from those of its clients. A CCP shall allow clients to have a more detailed segregation of their assets and positions. The CCP shall publicly disclose the risks and costs associated with the different levels of segregation. The CCP shall require the clearing members to inform their clients of these risks and costs. The CCP shall require the clearing members to receive a written agreement from their clients confirming their decision not to have a detailed segregation of their assets and positions and to ensure that their clients are aware of the risks associated with that choice.
2011/03/30
Committee: ECON
Amendment 780 #

2010/0250(COD)

Proposal for a regulation
Article 37 – paragraph 3
3. Depending on the level of segregation chosen by a client, the CCP shall ensure that it is able to transfer on request at a pre- defined trigger event, without the consent of the clearing member and within a pre- defined transfer period itsthe assets of that client and positions to another clearing member. That other clearing member shall only be obliged where it has previously enterede decision whether or not to effect the transfer upon request shall remain with the CCP, and shall be made into a ccontractual relationship for that purposerdance with the default procedures of the CCP pursuant to Article 45.
2011/03/30
Committee: ECON
Amendment 796 #

2010/0250(COD)

Proposal for a regulation
Article 37 – paragraph 5 a (new)
5 a. Power shall be conferred on the Commission to adopt regulatory technical standards specifying the types of markets for which a more detailed level of segregation of assets and positions should be offered to clients, having regard to the costs and benefits of doing so. The standards shall be adopted pursuant to Articles 10 to 14 of Regulation (EU) No. 1095/2010. ESA (ESMA) shall submit draft versions of these technical regulatory standards to the Commission by 30 June 2012.
2011/03/30
Committee: ECON
Amendment 804 #

2010/0250(COD)

Proposal for a regulation
Article 39 – paragraph 1
1. A CCP shall impose, call and collect margins to limit its credit exposures from its clearing members, and where relevant, from CCPs which have interoperable arrangements. Competent authorities shall ensure that CCPs respect minimum margin standards as specified in paragraph 5. These minimum standards shall be calibrated in accordance with the risk level and shall be regularly revised to reflect current market conditions and in particular in response to emergency situations where it is concluded that doing so will mitigate systemic risks. Such margins shall be sufficient to cover potential exposures that the CCP estimates will occur until the liquidation of the relevant positions. They shall be sufficient to cover losses that result from at least 99.5 per cent of the exposures movements over an appropriate time horizon and they shall ensure that a CCP fully collateralises its exposures with all its clearing members, and where relevant with CCPs which have interoperable arrangements, at least on a daily basis.
2011/03/30
Committee: ECON
Amendment 806 #

2010/0250(COD)

Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1 (new)
Specific margin requirements shall be defined by competent authorities and ESA (ESMA) for commodity derivatives taking proper account of stocks to consumption ratios and ratios of aggregated notional value of contracts to outstanding aggregated market value of underlying assets.
2011/03/30
Committee: ECON
Amendment 807 #

2010/0250(COD)

Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 2 (new)
In accordance with Article 9(5) of Regulation …/… [ESMA Regulation]. ESA (ESMA) may recalibrate margin requirements in emergency situations when doing so will mitigate systemic risk.
2011/03/30
Committee: ECON
Amendment 810 #

2010/0250(COD)

Proposal for a regulation
Article 39 – paragraph 2
2. A CCP shall adopt models and parameters in setting its margin requirements that capture the risk characteristics of the products cleared and take into account the interval between margin collections, market liquidity and the possibility of changes over the duration of the transaction. The models and parameters shall be validated by the competent authority and subject to a joint opinion of the college referred to in Article 15. Competent authorities shall assess, in particular, that such models are adequate with respect to the volatility and continuity of margin requirements in case of adverse or extreme but plausible market conditions as well as potential slippage effects and its consequences for net present values of contracts.
2011/03/30
Committee: ECON
Amendment 824 #

2010/0250(COD)

Proposal for a regulation
Article 39 – paragraph 5 – subparagraph 1
Powers are delegated to the Commission to adopt regulatory technical standards specifying the minimum margin requirements and calibration standards as well as the appropriate percentage and time horizon, as referred to in paragraph 1, to be considered for the different classes of financial instruments.
2011/03/30
Committee: ECON
Amendment 835 #

2010/0250(COD)

Proposal for a regulation
Article 40 – paragraph 3 a (new)
3 a. Powers are delegated to the Commission to adopt regulatory technical standards specifying the details of establishment and operation of default funds referred to in paragraphs 1 and 3. Those regulatory technical standards shall be adopted in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010. The regulatory technical standards referred to in the first subparagraph shall be adopted in accordance with Articles [7 to 7d] of Regulation …/… [ESMA Regulation]. ESMA, in consultation with EBA, shall submit drafts for those regulatory technical standards to the Commission by 30 June 2012.
2011/03/30
Committee: ECON
Amendment 854 #

2010/0250(COD)

Proposal for a regulation
Article 43 – paragraph 1
1. A CCP shall only accept highly liquid collateral with minimal credit and market risk to cover its exposure to its clearing members. Competent authorities shall ensure that CCPs respect minimum collateral standards as specified in paragraph 3. These minimum collateral standards shall be calibrated in accordance with the risk level and shall be regularly revised to reflect current market conditions and in particular in response to emergency situations where it is concluded that doing so will mitigate systemic risks. It shall apply adequate haircuts to asset values that reflect the potential for their value to decline over the interval between their last revaluation and the time by which they can reasonably be assumed to be liquidated. It shall take into account the liquidity risk following the default of a market participant and the concentration risk on certain assets that may result in establishing the acceptable collateral and the relevant haircuts.
2011/03/30
Committee: ECON
Amendment 856 #

2010/0250(COD)

Proposal for a regulation
Article 43 – paragraph 1 a (new)
1 a. In accordance with Article 9(5) of Regulation …/… [ESMA Regulation]. ESA (ESMA) may recalibrate collateral standards in emergency situations if required to mitigate systemic risk.
2011/03/30
Committee: ECON
Amendment 859 #

2010/0250(COD)

Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 1
Powers are delegated to the Commission to adopt regulatory technical standards specifying minimum collateral standards as well as the type of collateral that can be considered highly liquid and the haircuts referred to in paragraph 1.
2011/03/30
Committee: ECON
Amendment 867 #

2010/0250(COD)

Proposal for a regulation
Article 44 – paragraph 2
2. Financial instruments posted as margins shall be deposited with operators of securities settlement systems that ensure non-discriminatory access to CCPs and the full protection of those instruments. A CCP shall have prompt access to the financial instruments when required. CCPs shall have robust controls over the re- hypothecation of clearing members' collateral following limits defined by the Commission.
2011/03/30
Committee: ECON
Amendment 868 #

2010/0250(COD)

Proposal for a regulation
Article 44 – paragraph 5 – subparagraph 1
Powers are delegated to the Commission to adopt regulatory technical standards specifying the highly liquid financial instruments referred to in paragraph 1 limits for rehypotheation and the concentration limits referred to in paragraph 4.
2011/03/30
Committee: ECON
Amendment 873 #

2010/0250(COD)

Proposal for a regulation
Article 45 – paragraph 1
1. A CCP shall have procedures in place to be followed where a clearing member does not comply with the requirements laid down in Article 35 within the time limit and according to the procedures established by the CCP. The CCP shall outline the procedures to be followed in the event the insolvency of a clearing member is not established by the CCP. The procedures shall be approved by the competent authority following the positive opinion of ESMA
2011/03/30
Committee: ECON
Amendment 874 #

2010/0250(COD)

Proposal for a regulation
Article 45 – paragraph 3
3. The CCP shall promptly inform the competent authority. That competent authority shall immediately inform the authority responsible for the supervision of the defaulting clearing member where the CCP considers that the clearing member will not be able to meet its future obligations and when the CCP intends to declare its default. The implementation of default procedures shall be carried on only after an approval of the competent authority of the CCP following the positive opinion of ESMA and the positive opinion of the college.
2011/03/30
Committee: ECON
Amendment 876 #

2010/0250(COD)

Proposal for a regulation
Article 46 – paragraph 1
1. A CCP shall regularly review the models and parameters adopted to calculate its margin requirements, default fund contributions, collateral requirements and other risk control mechanisms. It shall subject the models to rigorous and frequent stress tests to assess The robustness and plausibility of model outputs shall be tested by stressing the input parameters and any otheir resilience inmodel assumptions to reflect extreme but plausible market conditions and member or client-related events and the CCP shall perform regular back tests to assess the reliability of the methodology adopted. The CCP shall inform the competent authority of the results of the tests performed and shall obtain its validation before adopting any change to the models and parameters.
2011/03/30
Committee: ECON
Amendment 877 #

2010/0250(COD)

Proposal for a regulation
Article 46 – paragraph 2 a (new)
2 a. Competent authorities shall regularly stress test the exposure of financial undertakings to the default of CCPs as well as other counterparties for non cleared derivative contracts.
2011/03/30
Committee: ECON
Amendment 881 #

2010/0250(COD)

Proposal for a regulation
Article 46 – paragraph 4 – subparagraph 3
ESMA, in consultation with EBA, and the ESCB when the opinion is provided shall submit drafts on those regulatory technical standards to the Commission by 30 June 2012.
2011/03/30
Committee: ECON
Amendment 886 #

2010/0250(COD)

Proposal for a regulation
Article 47 – paragraph 1
1. A CCP shall, where available, use central bank money to settle its transactions. Where central bank money is not accessible, steps shall be taken to strictly limit credit and liquidity risks.
2011/03/30
Committee: ECON
Amendment 898 #

2010/0250(COD)

Proposal for a regulation
Article 50 – paragraph 2
2. The competent authorities shall only grant approval of the interoperability arrangement, where the CCPs involved have been authorised to clear under the procedure set out in Article 13, and have continuously fulfilled their role in clearing the derivative contracts under that authorisation in accordance with supervisory requirements for a period of at least 5 years, the requirements set out in Article 49 are met and the technical conditions for clearing transactions under the terms of the arrangement allow for a smooth and orderly functioning of financial markets and that the arrangement does not undermine the effectiveness of supervision.
2011/03/30
Committee: ECON
Amendment 922 #

2010/0250(COD)

Proposal for a regulation
Article 60 – paragraph 2 a (new)
2 a. ESMA shall take all necessary steps to ensure the orderly substitution of the trade repository from which registration has been withdrawn including the transfer of data to other trade repositories and the redirection of reporting flows to other trade repositories
2011/03/30
Committee: ECON
Amendment 943 #

2010/0250(COD)

Proposal for a regulation
Article 66 – paragraph 1 a (new)
1 a. A trade repository may only use the data that it receives under this Regulation for commercial purposes if the entity providing the data has provided its written consent.
2011/03/30
Committee: ECON
Amendment 946 #

2010/0250(COD)

Proposal for a regulation
Article 67 – paragraph 1
1. A trade repository shall publish aggregate positions by class of derivatives on the contracts reported to it. Trade repositories shall ensure that all the competent authorities have direct access to such details of OTC derivative contracts as they require in order to carry out their tasks.
2011/03/30
Committee: ECON
Amendment 955 #

2010/0250(COD)

Proposal for a regulation
Article 67 – paragraph 4 – subparagraph 1
Powers are delegated to the Commission to adopt regulatory technical standards specifying the details of the information referred to in paragraphs (1) and (2) as well as operational standards required in order to aggregate and compare data across repositories.
2011/03/30
Committee: ECON
Amendment 30 #

2010/0197(COD)

Proposal for a regulation
Recital 10
(10) The Commission should be able to withdraw the authorisation if an agreement conflicts with the law of the Union, including respect for the protection of human rights as well as social and environmental legislation, other than the incompatibilities arising from the allocation of competence between the Union and its Member States. The authorisation may also be withdrawn if an agreement of the Union in force with a third country contains investment provisions similar to those of a Member State agreement. In order to ensure that agreements of Member States do not undermine the development and implementation of the Union's policies relating to investment, including in particular of autonomous measures of common commercial policy, authorisation may be withdrawn. Finally, should the Council not take a decision on the authorisation to open negotiations concerning investment within one year of the submission of a recommendation by the Commission pursuant to Article 218(3) of the Treaty, the possibility would exist to withdraw the authorisation.
2011/01/19
Committee: ECON
Amendment 31 #

2010/0197(COD)

Proposal for a regulation
Recital 12
(12) No later than five years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council a report on the application of Chapters II and III of this Regulation. This report should, inter alia, review the need for the continued application of these chapters. Where the report recommends to discontinue the application of the provisions of these Chapters or where it would propose to modify these provisions, it should be accompanied by an appropriate legislative proposal. Unless replaced by an agreement of the Union concerning investment, or otherwise terminated, bilateral agreements concluded by Member States with third countries remain binding on the parties under public international lawA timeline should be set with an end date by which the transition from the existing bilateral investment treaties of Member States to EU international investment treaties should be completed.
2011/01/19
Committee: ECON
Amendment 1 #

2009/2222(INI)

Draft opinion
Paragraph -1 (new)
-1. considering Article 14 of the Treaty on the Functioning of the European Union and Protocol No 26 annexed to the treaties,
2010/12/15
Committee: ECON
Amendment 4 #

2009/2222(INI)

Draft opinion
Paragraph 1
1. Given that social services of general interest make a major contribution to the achievement of the EU's goals as enshrined in the Treaties, particularly in terms of promoting economic, social and territorial cohesion, calls on the Commission to use the evaluation and revision of the Monti- Kroes package to strengthen legal security in the field of social services of general interest, using a tailored approach which can easily be applied by organising public authorities and takes into account the specific ways in which social services are organised, their legal status and their strongly local nature, as well as the responsibility of the Member States for organising and financing these services;
2010/12/15
Committee: ECON
Amendment 8 #

2009/2222(INI)

Draft opinion
Paragraph 2
2. Considers that, given the place which these services have in Europe, especially against a background of economic crisis, the EU should do more to promote their importance; asks the Commission, therefore, to explore the idea of setting up a European social services observatory to collect information from various sources in the Member States and to promote good practice at European, national, regional and local level; also calls on the Commission to update the website on questions and answers concerning SSGI, making it and to draw up a methodology which is better adapted to authorities running public services and to operators and is comprehensible, directly applicable and accessible in all the EU official languages;
2011/03/01
Committee: IMCO
Amendment 9 #

2009/2222(INI)

Draft opinion
Paragraph 2
2. Calls on the Commission to adopt a communication establishing a methodology for organising local authorities setting out guidelines for applying European rules, while enabling local authorities to handle European rules flexibly considering their national and local specificities;
2010/12/15
Committee: ECON
Amendment 12 #

2009/2222(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to consider the advisability of putting forward a de minimis regulation specific to social services of general interest or to adjust the de minimis threshold for such services, in order to focus EU checks on State aid on social services likely to have a significant impact on cross-border trade within the EU;
2010/12/15
Committee: ECON
Amendment 13 #

2009/2222(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses the interest for a better understanding of common concepts regarding the quality of SSGI of the voluntary European quality framework for social services adopted in 2010 by the Social Protection Committee; wishes to see a definition of the common coordination instruments, with a view to optimising the use of this voluntary framework and exchanging best practices with the aim of determining comparable quality indicators;
2011/03/01
Committee: IMCO
Amendment 14 #

2009/2222(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to exempt from the notification requirement subsidies granted under the terms of contracts concluded as a result of competitive tendering;tend the scope of the SSGI sectors benefiting from the exemption of notification without thresholds, following the considerations that led to the current exemption of notification for hospital and social housing sectors and taking account of the fact that, at this stage of the development of the internal market, the intensity of the distortion of competition in these sectors is not necessarily proportional to revenues and the amount of compensation; calls on the Commission to exempt from the notification requirement subsidies granted under the terms of contracts concluded as a result of competitive tendering; taking into account that existing alternatives to competitive tendering (in house, authorisation schemes, mandating...) can be more adapted to the specificities of SSGI
2010/12/15
Committee: ECON
Amendment 16 #

2009/2222(INI)

Draft opinion
Paragraph 3
3. Draws attention to the substantial proportion of total employment in the EU, and of public financing in the Member States, that is accounted for by SSGI; believes that, against a background of economic and budgetary crisis, a balanced approach needs to be adopted, based on preserving the continuity and quality of social services and making them more effective; considers, therefore, that discussion is required with a focuon the clarification of concepts, especially regarding the notion of mandating, as well as on the relationship between public procurement rules and SSGI, particularly with regard to new management approaches such as in-house procurement and increased emphasis on quality criteria in the tender selection proces, cooperation between local authorities and any other form of public- public partnership or increased emphasis on quality criteria in the tender selection process; advocates encouraging the inclusion in calls for tenders of such qualitative criteria, especially in the social and environmental fields and in the context of fair trade; calls for the specific status of non-profit providers to be taken into account and maintained; calls for greater encouragement and support for the provision of SSGI by social economy enterprises;
2011/03/01
Committee: IMCO
Amendment 18 #

2009/2222(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission to clarify how the concepts of economic and non- economic activityies and effects on trade are to be applied to social services of general interest and the specific arrangements for applying the concept of the 'level of compensation needed (...) on the basis of an analysis of the costs which a typical undertaking, well run and adequately provided with means of transport (...) would have incurred' (CJUE, C-280/00, Altmark);
2010/12/15
Committee: ECON
Amendment 20 #

2009/2222(INI)

Draft opinion
Paragraph 6
6. Stresses that wthere an official act of entrustment has been transparently drawn up and made public and includes parameters for calculating compensation based on coverage of the actual cost of providing social services of general interest, systematic monitoring of overcompensation should be replaced by intervention only following a substantiated complaint.is a guarantee of transparency which has to be maintained; asks the Commission to consider whether rules set for entrustment and monitoring of overcompensation are appropriate to the characteristics of social services and to take initiatives if they are not deemed appropriate;
2010/12/15
Committee: ECON
Amendment 21 #

2009/2222(INI)

Draft opinion
Paragraph 6
6. Stresses that where an official act of entrustment has been transparently drawn up and made public and includes parameters for calculating compensation based on coverage of the actual cost of providing social services of general interest, systematic monitoring of overcompensation should be replaced by intervention only following a substantiated complaint.; stresses that the criterion for mandating (act of entrustment) should be improved particularly by means of greater flexibility in its application;
2010/12/15
Committee: ECON
Amendment 21 #

2009/2222(INI)

Draft opinion
Paragraph 4
4. Emphasises the need to clarify the legal uncertainties affecting SSGI; welcomes the updating of the Commission’s guide on the application of EU state aid, public procurement and internal market rules to SSGI; notes the proposals made in the Monti report, especially those concerned with a sector-based approach to use of Article 14 TFEU; considers it essential to move forward with a pragmatic approach enabling the real problems, and potential solutions to them, to be identified, but recalls that this is not sufficient, as the rules raise problems for numerous players; calls on the Commission to simplify these rules; notes the proposals made in the Monti report, especially those concerned with the application of Article 14 TFEU and Protocol 26 to that Treaty; calls on the Commission to propose, as soon as possible, legislation clearly defining SSGI on the basis of fundamental rights rathr than economic considerations and strengthening the principles of subsidiarity and local autonomy; calls for an extension of the category of SSGI exempted from notification with regard to state aids without considering thresholds, following the examples of hospitals and subsidised housing; draws attention to the long- standing dialogue with the stakeholders on this subject, and calls on the Commission to act; calls, in the context of a revision of the directives on public contracts, for clarification regarding the rules from which SSGI are exempted, as well as of the notion of 'clear crossborder interest' in the light of the often local dimension of SSGI activities;; calls on the Commission, in association with Parliament and the Council, to carry out in- depth research into the functioning of a pilot SSGI sector such as that of services to the elderly, which, in future, will have a major role to play;
2011/03/01
Committee: IMCO
Amendment 22 #

2009/2222(INI)

Draft opinion
Paragraph 6 a (new)
6a. Given that social services of general interest are person-oriented services, and that they address the need of the most disadvantaged people, therefore enabling individuals to play a significant part in the economic and social life of society (Council's conclusions of 6/7 December), takes the view that basis banking services should be considered as services of general economic interest and submitted to universal service obligations in order to guarantee accessibility, affordability, transparency and a high degree of quality to the citizens;
2010/12/15
Committee: ECON
Amendment 24 #

2009/2222(INI)

Draft opinion
Paragraph 6 c (new)
6c. Asks the Commission to put forwards legislative proposals for Project Bonds in order to ensure long-term and affordable financing for EU relevant and sustainable services of general economic interest, particularly in the field of social housing (as regards energy efficiency in building renovations) as well as in the renovation of public buildings;
2010/12/15
Committee: ECON
Amendment 26 #

2009/2222(INI)

Draft opinion
Paragraph 6 e (new)
6e. Asks the Commission to further clarify and assess the application of EU rules to social services of general interest in order to enhance their legal certainty, as stated in Art 14 TFEU and Protocol 26;
2010/12/15
Committee: ECON
Amendment 27 #

2009/2222(INI)

Draft opinion
Paragraph 6 f (new)
6f. Stresses that the calculation of compensation should not be done exclusively on the basis of economic and financial criteria but should also take account of social criteria;
2010/12/15
Committee: ECON
Amendment 28 #

2009/2222(INI)

Draft opinion
Paragraph 6 g (new)
6g. Asks the Commission that control of over-compensation is used only if the risk of damaging violation of competition is ascertained;
2010/12/15
Committee: ECON
Amendment 33 #

2009/2222(INI)

Draft opinion
Paragraph 5 a (new)
5a. Stresses the importance of closer cooperation between providers and stakeholders in the context of SSGI, and of greater user involvement with a view to improving the definition of expectations and improving quality;
2011/03/01
Committee: IMCO
Amendment 34 #

2009/2222(INI)

Draft opinion
Paragraph 5 b (new)
5b. Points out that a wide range of social services have been excluded from the scope of the directive on services in the internal market; hopes the Commission will soon draw up a balance-sheet concering the transposition of those exclusion measures, with particular reference to Member States' interpretation of the concepts of 'charity', 'persons in need' and 'providers mandated by the state';
2011/03/01
Committee: IMCO
Amendment 5 #

2009/2137(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas, as part of the Post-Lisbon Strategy 2020, policy on consumers should be geared to sustainable development which respects the environment and devotes attention to the social dimension of the internal market,
2010/02/04
Committee: IMCO
Amendment 12 #

2009/2137(INI)

Motion for a resolution
Recital L
L. whereas the economic crisis has increased pressure on low-income consumer groups who are spending most of their revenue on food and housing and whereas consequently a growing number of consumers are becoming over-indebted,
2010/02/04
Committee: IMCO
Amendment 19 #

2009/2137(INI)

Motion for a resolution
Paragraph 2
2. Emphasises that splitting the responsibility for consumer affairs between two Commissioner portfolios should notcannot under any circumstances lead to a reduction of the consumer focus in the new Commission and that, similarly, the new organisational structure in different Directorates-General should not cause fragmentation or adversely effect the management and effectiveness of consumer policy;
2010/02/04
Committee: IMCO
Amendment 24 #

2009/2137(INI)

Motion for a resolution
Paragraph 5
5. Emphasises that consumers should be able to make informed choices as this is in particular a way of generatesing greater competition among traders to raise the quality of the goods and services they provide and to keep prices at competitive levels;
2010/02/04
Committee: IMCO
Amendment 38 #

2009/2137(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the five main indicators in the Scoreboard - complaints, prices, satisfaction, switching and safety - which are crucial in identifying which markets have the greatest risk of malfunctioning in terms of economic and social outcomes for consumers; considers however that criteria should also be applied which will make it possible to measure the extent to which goods and services accord with the objective of sustainable development;
2010/02/04
Committee: IMCO
Amendment 41 #

2009/2137(INI)

Motion for a resolution
Paragraph 11
11. Acknowledges that, although the five indicators do not capture all aspects of the consumer environment, they provide a sufficient basis to set priorities and draw conclusions as to where further analysis is needed;
2010/02/04
Committee: IMCO
Amendment 46 #

2009/2137(INI)

Motion for a resolution
Paragraph 13
13. Suggests that, in the future, the Commission develop indicators relating to market shares, quality, advertising, transparency and comparability of offers, as well as indicators related to enforcement (including data on inspections, non- compliance notifications, court cases), consumer empowerment (skills, assertiveness, education, information), coverage of consumer issues in the media, and indicators to measure redress and consumer detriment, as well as social, environmental and ethical indicators; believes that the new indicators should be included in the Scoreboard when a satisfactory level of development of the five basic indicators is reached; considers, however, that this should be done progressively in order to ensure a focused Scoreboard;
2010/02/04
Committee: IMCO
Amendment 51 #

2009/2137(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Notes in particular that the second edition of the Scoreboard indicates consumer dissatisfaction about the functioning of the energy market; considers that this dissatisfaction should be interpreted as being linked to the difficulties which arose after the liberalisation of the energy market and should give rise to a thorough assessment of the impact and manner of attainment of that liberalisation;
2010/02/04
Committee: IMCO
Amendment 53 #

2009/2137(INI)

Motion for a resolution
Paragraph 15 c (new)
15c. Notes also the manifest problems in the field of financial services, further aggravated by the financial crisis; considers that all appropriate conclusions should be drawn from this as to the need for better regulation of this sector; proposes that a specific Scoreboard be devised for these services;
2010/02/04
Committee: IMCO
Amendment 60 #

2009/2137(INI)

Motion for a resolution
Paragraph 22
22. Notes that surveys show that consumer confidence in product safety is generally high although consumer perceptions of safety differ significantly between Member States; asks the Commission and the Member States to improve the data currently available on the safety of consumer products which are mainly measured on the basis of reported accidents and injuries from defective products or through risk notification systems; stresses in particular the requisite vigilance over the safety of toys and calls on the Commission to consider, if necessary, revising the Directive on the safety of toys;
2010/02/04
Committee: IMCO
Amendment 62 #

2009/2137(INI)

Motion for a resolution
Paragraph 23
23. Notes that the prevalence of cross- border activity still varies significantly across the EU, and though the average expenditure on cross-border purchases is considerable (EUR 737 per person per year), the greater majority (75 %) of retailers sell only to consumers in their own country while only a quarter of EU consumers make cross-border purchases; considers that, while there are a number of structural barriers such as language, distance, and differences in consumer protection law, stronger consumer confidence would substantially increase the levels of cross-border trade; considers that the development of cross-border trade should not result in a reduction in regulations but on the contrary renders even more necessary efforts to maintain an optimal level of protection of consumers in the European Union;
2010/02/04
Committee: IMCO
Amendment 71 #

2009/2137(INI)

Motion for a resolution
Paragraph 31
31. Maintains that the Scoreboard should not only be used to deliver a better consumer policy but must also feed through all policies that affect consumers, ensuring thereby a better integration of consumer interests into all EU policies and incorporation of the objective of sustainable development into consumer protection policy; underlines that the Scoreboard should also stimulate a more general debate on consumer policy issues;
2010/02/04
Committee: IMCO
Amendment 144 #

2009/0140(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) thea number of Governors of the national central banks not exceeding ⅓ of the total number of Member States and elected by the members of the General Council of the ECB for the same term as that of their membership of the General Council, with regard to the need for a balanced representation of large and small Member States and those within and outside the euro area;
2010/03/19
Committee: ECON
Amendment 184 #

2009/0140(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. The Advisory TechnicalScientific Committee shall be composed of the following:
2010/03/19
Committee: ECON
Amendment 189 #

2009/0140(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b a (new)
(ba) one representative of the European Trade Union Confederation, Business Europe and the European Consumers’ Organisation, respectively;
2010/03/19
Committee: ECON
Amendment 239 #

2009/0140(COD)

Proposal for a regulation
Article 18 – paragraph 3 a (new)
3a. Where the General Board of the ESRB decides not to make public a recommendation or a warning, that recommendation or warning shall remain confidential for two years following the decision. After this two-year period, the General Board of the ESRB shall take all the measures to ensure public access to the past confidential recommendation or warning. The General Board of the ESRB shall decide to extend the confidential nature of the recommendation or warning for a three-year period. By derogation to Article 10(2), unanimity of the votes is needed to extend the confidential nature of a warning or recommendation.
2010/03/19
Committee: ECON
Amendment 106 #

2009/0099(COD)

Proposal for a directive – amending act
Recital 16 a (new)
(16a) It is very difficult for supervisors to supervise highly complex re- securitisations efficiently. The Commission should therefore conduct a cost-benefit analysis of financial products which have been considered toxic financial products since the crisis. The Commission should report the results of that analysis to the European Parliament and the Council and make legislative proposals as appropriate.
2010/03/31
Committee: ECON
Amendment 121 #

2009/0099(COD)

Proposal for a directive – amending act
Article 1 – point 3
Directive 2006/48/EC
Article 54
Member States shall ensure that, for the purposes of the first paragraph, their respective competent authorities have the power to impose financial and non- financial penalties or measures including higher capital requirements and the possibility to require companies to use net profits for improving capital ratios. Those penalties or measures must be effective, proportionate and dissuasive.
2010/03/31
Committee: ECON
Amendment 129 #

2009/0099(COD)

Proposal for a directive – amending act
Article 1 – point 9
Directive 2006/48/EC
Article 122b – paragraph 2
2. Paragraph 1 shall not apply until such a time as a definition for highly complex re-securitisations has been adopted in accordance with Article 150(2)(ea). Such a definition shall be reviewed annually by the EBA in order to take into account changes in market participant practices. Subject to the adoption of such a definition in respect of positions in new re- securitisations issued after 31 December 2010. In respect of positions in existing re-securitisations, paragraph 1 shall apply from 31 December 2014 where new underlying exposures are added or substituted after that date.
2010/03/31
Committee: ECON
Amendment 163 #

2009/0099(COD)

Proposal for a directive – amending act
Annex I – point 1
Directive 2006/48/EC
Annex V – section 11 – point 22 – point e a (new)
(ea) in the case of credit institutions that benefit from exceptional government intervention, no variable remuneration is paid to directors of that institution (variable remuneration shall not be paid to directors of that institution during the five years following the exceptional government intervention and the total remuneration of directors of credit institutions that currently benefit from exceptional government intervention shall not exceed EUR 500 000);
2010/03/31
Committee: ECON
Amendment 166 #

2009/0099(COD)

Proposal for a directive – amending act
Annex I – point 1
Directive 2006/48/EC
Annex V – section 11 – point 22 – point e b (new)
(eb) guaranteed variable remuneration is prohibited;
2010/03/31
Committee: ECON
Amendment 167 #

2009/0099(COD)

Proposal for a directive – amending act
Annex I – point 1
Directive 2006/48/EC
Annex V – section 11 – point 22 – point f
(f) Ffixed and variable components of total remuneration are appropriately balanced; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible bonus policy on variable remuneration component, including the possibility to pay no bonusvariable remuneration component and in any event, the variable remuneration does not exceed 25 % of the total remuneration, including all direct and indirect benefits, including post retirement benefits, of the individual concerned;
2010/03/31
Committee: ECON
Amendment 173 #

2009/0099(COD)

Proposal for a directive – amending act
Annex I – point 1
Directive 2006/48/EC
Annex V – section 11 – point 22 – point h a (new)
(ha) all the variable remuneration component is deferred over a sufficient period; the length of the deferral period is established in accordance with the business cycle, the nature of the business, its risks and the activities of the member of staff in question; remuneration payable under deferral arrangements vests no faster than on a pro-rata basis; and the deferral period is no less than five years;
2010/03/31
Committee: ECON
Amendment 140 #

2009/0064(COD)

Proposal for a directive
Title
on Alternative Investment Funds and Alternative Investment Fund Managers and amending Directives 2004/39/EC and 2009/…/EC
2010/02/12
Committee: ECON
Amendment 145 #

2009/0064(COD)

Proposal for a directive
Recital 1
(1) MAlternative investment funds (AIF) and managers of alternative investment funds (AIFM) are responsible for the management of a significant amount of invested assets in Europe, account for significant amounts of trading in markets for financial instruments, and can exercise an important influence on markets and companies in which they invest;.
2010/02/12
Committee: ECON
Amendment 149 #

2009/0064(COD)

Proposal for a directive
Recital 2
(2) The impact of AIFM on the markets in which they operate is largely beneficial, but rRecent financial difficulties have underlined how activities of alternative investment funds (AIF) and AIFM may also serve to spread or amplify risks through the financial system. Uncoordinated national responses to these risks make the efficient management of these risks difficult. This Directive therefore aims at establishing common requirements governing the authorisation and supervision of AIF and AIFM in order to provide a coherent approach to the related risks and their impact on investors and markets in the CommunityUnion.
2010/02/12
Committee: ECON
Amendment 150 #

2009/0064(COD)

Proposal for a directive
Recital 3
(3) Recent difficulties in financial markets have underlined that many AIFM strategies are vulnerable to some or several important risks in relation to investors, other market participants and markets. In order to provide comprehensive and common arrangements for supervision, it is necessary to establish a framework capable of addressing those risks taking into account the diverse range of investment strategies and techniques employed by AIFM. Consequently, this Directive should apply to AIFM managing and marketing all types of funds and AIFM which are not covered by Directive 2009/…/EC on the coordination of laws, regulations and administrative provisions relating to the undertakings for collective investment in transferable securities (UCITS) (recast), irrespective of the legal or contractual manner in which the AIFM is entrusted with this responsibility. AIFM should not be entitled to manage UCITS within the meaning of Directive 2009/…/EC on the basis of authorisation under this Directive.
2010/02/12
Committee: ECON
Amendment 156 #

2009/0064(COD)

Proposal for a directive
Recital 4
(4) Theis Directive lays down requirements regarding the way in which AIFM should manage alternative investment funds (AIF) under their responsibility. It would be disproportionate to regulate the structure or composition of the portfolios of the AIF managed by AIFM and it would be difficult to provide for such extensive harmonisation due to the very diverse types of AIF managed by AIFM and the way in which AIF should act in financial markets and companies in which they invest.
2010/02/12
Committee: ECON
Amendment 174 #

2009/0064(COD)

Proposal for a directive
Recital 5
(5) The scope of this Directive should be confined to the management of collective investment undertakings which raise capital from a number of investors with a view to investing it in accordance with a defined investment policy on the principle of risk-spreading for the benefit of those investors. This Directive should not apply to the management of pension funds or managers of non-pooled investments such as endowments, sovereign wealth funds or assets hoeld on own account by credit institutions, insurance or reinsurance undertakings, and pension funds. This Directive should neither apply to actively managed investments in the form of securities, such as certificates, managed futures, or index-linked bonds. It should, however, cover managers of all collective investment undertakings which are not required to be authorised as UCITS. Investment firms authorised under Directive 2004/39/EC on Markets in Financial Instruments10 should not be required to obtain an authorisation under this Directive in order to provide investment services in respect of AIF. Investment firms can however only provide investment services in respect of AIF, if and to the extent the units or shares thereof can be marketed in accordance with this Directive.
2010/02/12
Committee: ECON
Amendment 184 #

2009/0064(COD)

Proposal for a directive
Recital 6
(6) In order to avoid imposing excessive or disproportionate requirements, this Directive provides for an exemption for AIFM where the cumulative AIF under management fall below a threshold of EUR 100 million. The activities of the AIFM concerned are unlikely to have significant consequences for financial stability or market efficiency. For AIFM which only manage unleveraged AIF and do not grant investors redemption rights during a period of five years a specific threshold of EUR 500 million applies. This specific threshold is justified by the fact that managers of unleveraged funds, specialised in long term investments, are even less likely to cause systemic risks. Furthermore, the five years lock-up of investors eliminates liquidity risks. AIFM which are exempt from this Directive should continue to be subject to any relevant national legislation. They should however be allowed to be treated as AIFM subject to the opt-in procedure foreseen by this Directive.deleted
2010/02/12
Committee: ECON
Amendment 198 #

2009/0064(COD)

Proposal for a directive
Recital 7
(7) This Directive aims at providing a harmonised and stringent regulatory and supervisory framework for the activities of AIF and AIFM. Authorisation in accordance with this Directive should cover the services of management and administration of AIFall AIF available to the investors of the European Union or operating on financial markets throughout the CommunityUnion. In addition, authorised AIFM should be entitled to be market AIFed in the CommunityUnion to professional investors, subject to a notification procedure.
2010/02/12
Committee: ECON
Amendment 200 #

2009/0064(COD)

Proposal for a directive
Recital 8
(8) This Directive does not regulate AIF and therefore does not prevent Member States from adopting or from continuing to apply additional requirements in respect of AIF established on their territory. The fact that a Member State may impose additional requirements on AIF domiciled on its territory should not prevent the exercise of rights of AIFM authorised in other Member States in accordance with this Directive to market to professional investors AIF domiciled outside the Member State imposing additional requirements and which are therefore not subject to and do not need to comply with those additional requirements.deleted
2010/02/12
Committee: ECON
Amendment 224 #

2009/0064(COD)

Proposal for a directive
Recital 12 a (new)
(12a) In order to address the potentially detrimental effect of poorly designed remuneration structures on the sound management of risk and control of risk- taking behaviour by individuals, there should be an express obligation for AIFM to establish and maintain, for those categories of staff whose professional activities have a material impact on the risk profiles of AIF they manage, remuneration policies and practices that are consistent with sound and effective risk management. Those categories of staff should at least include senior management, risk takers and control functions. In order to promote supervisory convergences in the assessment of remuneration policies and practices, the European Securities and Market Authority (ESMA) should ensure the existence of guidelines on sound remuneration policies in the AIFM sector.
2010/02/12
Committee: ECON
Amendment 234 #

2009/0064(COD)

Proposal for a directive
Recital 15
(15) Given that AIFM employing high levels of leverage in their investment strategiesleverage may, under certain conditions, contribute to the build up of systemic risk or disorderly markets, special requirements should be imposed on AIFM using certain techniques giving rise to particular risks. The information needed to detect, monitor and respond to those risks has not been collected in a consistent way throughout the CommunityUnion, and shared across Member States so as to identify potential sources of risk to the stability of financial markets in the CommunityUnion. To remedy this situation, special requirements should apply to AIFM, which consistently use high levels of leverage in their investment strategies. Those AIFM should be obliged to disclose information regarding their use and sources of leverage. That information should be aggregated and shared with other authorities in the CommunityUnion, so as to facilitate a collective analysis of the impact of the leverage of those AIFM on the financial system in the CommunityUnion, as well as a common response. The European Systemic Risk Board (ESRB) and the European Securities and Market Authority (ESMA) will be responsible for monitoring the systemic risks created by AIF.
2010/02/12
Committee: ECON
Amendment 244 #

2009/0064(COD)

Proposal for a directive
Recital 16
(16) Activities of AIFM based on the use of high levels of leverage could be detrimental to the stability and efficient functioning of financial markets. It is considered necessary to allow the CommissionEuropean Securities and Market Authority (ESMA) to impose limits on the level of leverage that AIFM could use, in particular in those cases where AIFM employ high levels of leverage on a systematic basis. The limits to the maximum amount of leverage should take into account aspects related to the source of leverage and the strategies employed by the AIFM. They should also take into account the essentially dynamic nature of the management of leverage by most AIFM using a high level of leverage. In this respect the limits to leverage could for example either consist in a threshold that should not be breached at any point in time or a limit on the average leverage employed during a given period (i.e. monthly or quarterly). The Commission should ensure that the requirements concerning AIF which use leverage set out of this Directive are applied to all funds, including UCITS funds, which use leverage for investing on the Union’s financial markets.
2010/02/12
Committee: ECON
Amendment 258 #

2009/0064(COD)

Proposal for a directive
Recital 17
It is necessary to ensure that an AIFM provides all companies over which it can exercise a controlling or dominsignificant influence with the information necessary for the company to assess how this controlling influence in the short to medium term impacts the company’s economic and social situation. To this end, particular requirements should apply to AIFM managing AIF which are in a position to exercise controlling influence over a listed or non-listed company, in particular to notify the existence of this position and to disclose information to the company and all its other shareholders about the intentions of the AIFM with regard to the future business development and other planned changes of the controlled company. In order to ensure transparency regarding the controlled company, enhanced reporting requirements should apply. The annual reports of the relevant AIF should be supplemented with information that is specific to the type of investment and the controlled company. The Commission should ensure that the requirements concerning AIF which exercise a controlling or dominant influence on companies established in the Union set out in this Directive are applied to all funds, including UCITS funds, which exercise such a controlling or dominant influence on companies established in the Union.
2010/02/12
Committee: ECON
Amendment 265 #

2009/0064(COD)

Proposal for a directive
Recital 17 a (new)
(17a) AIF using excessive leverage to acquire a controlling influence on non- listed companies could be detrimental to the development and the investment of these companies in particular in the case of an economic downturn. It is considered necessary to impose limits on the level of leverage that AIF could use for buying companies.
2010/02/12
Committee: ECON
Amendment 266 #

2009/0064(COD)

Proposal for a directive
Recital 17 b (new)
(17b) It is necessary to ensure that AIF that attempt to influence listed companies strategies are involved on a long-term basis in the company in order to prevent any short-term based strategy.
2010/02/12
Committee: ECON
Amendment 267 #

2009/0064(COD)

Proposal for a directive
Recital 18
(18) Many AIFM offer to European investors are currently manage AIFd and/or domiciled in third countries. It is appropriate to allow authorinvestors established AIFM to manage AIFin the Union to invest in AIF managed and/or domiciled in third countries, subject to appropriate arrangements that ensure theat requirements of this Directive regarding the protection of investors and sound administration of those AIF and thre effective safe-keeping of assets invested by Community investors. ly implemented. Investors established in the Union should not be allowed to invest in AIF established in non-cooperative third countries as regard tax and prudential cooperation. The Commission should be responsible for evaluating the degree of cooperation of a third country.
2010/02/12
Committee: ECON
Amendment 270 #

2009/0064(COD)

Proposal for a directive
Recital 18 a (new)
(18a) European pension funds, credit institutions, insurance companies and UCITS funds should not be allowed to invest directly or indirectly in AIF which do not comply with the requirements of this Directive regarding the protection of investors.
2010/02/12
Committee: ECON
Amendment 271 #

2009/0064(COD)

Proposal for a directive
Recital 18 b (new)
(18b) Many AIF managed and/or established in third countries are currently invested on the European financial markets. In order to insure the financial stability of the European Union, it is appropriate to impose on those funds some of the requirements imposed to the AIF managed and/or established in the Union.
2010/02/12
Committee: ECON
Amendment 272 #

2009/0064(COD)

Proposal for a directive
Recital 19
(19) AIFM should also be able to market AIF domiciled in third countries to professional investors both in the home Member State of the AIFM and in other Member States. That right should be subject to notification procedures and the existence of a tax agreement with the third country concerned which ensures an efficient exchange of information with the tax authorities in the domicile of the Community investors. Given the fact that such AIF and the third country in which they are domiciled have to meet additional requirements, some of which first have to be laid down in implementing measures, the rights granted under the Directive to market AIF domiciled in third countries to professional investors should only become effective three years after the transposition period. In the meantime Member States may allow or continue to allow AIFM to market AIF domiciled in third countries to professional investors on their territory subject to national law. During this period of three years, AIFM can however not market such AIF to professional investors in other Member States on the basis of rights granted under this Directive.deleted
2010/02/12
Committee: ECON
Amendment 288 #

2009/0064(COD)

Proposal for a directive
Recital 20
(20) It is appropriate to allow the AIFM established in the Union to delegate some administrative tasks to an entity established in a third country provided that necessary safeguards are in place. Similarly, a depositary may delegate some of its depositary tasks in respect of AIF domiciled in a third country to a depositary domiciled in that third country, provided that the legislation of that third country ensures a level of protection of investor interests which is equivalent to that in the Community. UUnion. For assets located in a third country and under certain conditions, it should also be possible for the AIFM to appoint an independent valuator established in a third country.
2010/02/12
Committee: ECON
Amendment 289 #

2009/0064(COD)

Proposal for a directive
Recital 21
(21) Subject to the existence of an equivalent regulatory framework in a third country, as well as of effective access for AIFM established in the Community to the market of that third country, Member States should be allowed to authorise AIFM in accordance with the provisions of this Directive, without requiring that it has a registered office in the Community, after a period of three years as from the end of the transposition period. This period takes account of the fact that such AIFM and the third country in which they are domiciled have to meet additional requirements some of which first have to be laid down by implementing measures.deleted
2010/02/12
Committee: ECON
Amendment 292 #

2009/0064(COD)

Proposal for a directive
Recital 22
(22) It is necessary to clarify the powers and duties of competent authorities responsible for implementing this Directive, and to strengthen the mechanisms needed to ensure the necessary level of cross-border supervisory cooperation. European Systemic Risk Board and European Securities and Market Authority (ESMA) will be competent authorities for cross-border supervision.
2010/02/12
Committee: ECON
Amendment 293 #

2009/0064(COD)

Proposal for a directive
Recital 23
(23) The relative importance of the activities of AIFM in some financial markets, especially in those cases where those AIF they manage do not have a material interest in the underlying products or instruments from which those markets derive, could, under some circumstances, hinder the efficient functioning of those markets. For example it could make those markets excessively volatile or affect the correct pricing of the instruments traded in them. It is therefore considered necessary to make sure the competent authorities enjoy the powers necessary to monitor the activities of AIFM in those markets and to intervene in those circumstances where it would be necessary to protect their orderly functioning. AIF involvement in commodities markets needs to be limited. In particular, it is a necessity to prohibit AIF from the agricultural commodities markets of the Union. The Commission should ensure that the requirements concerning AIF invested in commodities markets are applied to all Union or third- country funds making such investments without a material interest in the products or instruments.
2010/02/12
Committee: ECON
Amendment 300 #

2009/0064(COD)

Proposal for a directive
Recital 27
(27) In particular the Commission should be empowered to adopt the measuredelegated acts necessary for the implementation of this Directive. In this respect, the Commission should be able to adopt measures determining the procedures under which AIFM managing portfolios of AIF whose assets under management do not exceed the threshold set out in this Directive may exercise their right to be treated as AIFM covered by this Directive. These measures are also in accordance with Article 290 of the Treaty designed to specify the criteria to be used by competent authorities to assess whether AIFM comply with their obligations as regards their conduct of business, the type of conflicts of interests AIFM have to identify, as well as the reasonable steps AIFM are expected to take in terms of internal and organizsational procedures in order to identify, prevent, manage and disclose conflicts of interest. They arshould also be designed to specify the risk management requirements to be employed by AIFM as a function of the risks which the AIFM incurs on behalf of the AIF that it manages as well as any arrangements needed to enable AIFM to manage the particular risks associated with short selling transactions, including any relevant restrictions that might be needed to protect the AIF from undue risk exposures. They arshould also be designed to specify the liquidity management requirements of this Directive and in particular the minimum liquidity requirements for AIF. They arshould also be designed to specify the requirements that originators of securitisation instruments have to meet in order for an AIFM to be allowed to invest in such instruments issued after 1 January 2011. They are as wellshould also be designed to specify the requirements that AIFM have to comply with when investing in such securitisation instruments. They arshould also be designed to specify the criteria under which a valuator can be considered independent in the meaning of this Directive. They arshould also be designed to specify the conditions under which the delegation of AIFM functions should be approved and the conditions under which the manager could no longer be considered to be the manager of the AIF in case of excessive delegation. They arshould also be designed to specify the content and format of the annual report that AIFM have to make available for each AIF they manage and to specify the disclosure obligations of AIFM to investors and reporting requirements to competent authorities as well as their frequency. They arshould also be designed to specify the disclosure requirements imposed on AIFM as regards leverage and the frequency of reporting to competent authorities and of disclosure to investors. They arshould also be designed to setting limits to the level of leverage AIFM can employ when managing AIF They ar. They should also be designed to determine the detailed content and the way AIFM acquiring controlling influence in issuers and non-listed companies should fulfil their information obligation towards issuers and non-listed companies and their respective shareholders and representatives of employees, including the information to be provided in the annual reports of the AIF they manage. They arshould also be designed to specify the types of restrictions or conditions that can be imposed on the marketing of AIF to professional investor in the home Member State of the AIFM. They arshould also be designed to specify general criteria for assessing equivalence of valuation standards of third countries where the valuator is established in a third country, the equivalence of legislation of third countries regarding depositaries and, for the purpose of the authorisation of AIFM established in third countries, the equivalence of prudential regulation and ongoing supervision. They aro specify general criteria for assessing an effective tax and prudential cooperation. They should also be designed to specify general criteria for assessing whether third countries grant CommunityUnion AIFM effective market access comparable to that granted by the CommunityUnion to AIFM from third countries. They arshould also be designed to specify the modalities, content and frequency of exchange of information regarding AIF and AIFM between the European Stability Risk Board (ESRB), the European Securities and Market Authority (ESMA) and the competent authorities of the home Member State of the AIFM and other competent authoritiesAIFM where the AIF and AIFM individually or collectively with other AIF and AIFM may have an impact on the stability of systemically relevant financial institutions and the orderly functioning of markets. They arshould also be designed to specify the procedures for on-the-spot verifications and investigations.
2010/02/12
Committee: ECON
Amendment 308 #

2009/0064(COD)

Proposal for a directive
Recital 28
(28) Since those measureacts are of general scope and are designed to amend non- essential elements of this Directive, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutinyprocedure provided for in Article 5a290 of Decision 1999/468/ECthe Treaty. Measures not falling under the above category should be subject to the regulatory procedure provided in Article 5 of that Decision 1999/468/EC. Those measures are designed toshould state that the fund valuation standards of a specific third country are equivalent to those applicable in the CommunityUnion where the valuator is established in a third country. They are designed to state that the legislation on depositaries of a specific third country is equivalent to this Directive. They are designed to state that the legislation on prudential regulation and on-going supervision of AIFM in a specific third country is equivalent to this Directive. They are designed to state whether a specific third country grants Community AIFM effective market access comparable to that granted by the Community to AIFM from that third country. They arshould also be designed to state that the legislation on depositaries of a specific third country is equivalent to this Directive. They should also be designed to specify standard models for notification and attestations and to specify the procedure for the exchange of information between competent authorities.
2010/02/12
Committee: ECON
Amendment 310 #

2009/0064(COD)

Proposal for a directive
Article 1
This Directive lays down the rules for the authorisation, ongoing operation and transparency of alternative investment funds (AIF) in the Union and of the managers of alternative investment funds (AIFM).
2010/02/15
Committee: ECON
Amendment 312 #

2009/0064(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 - introductory part
1. This Directive shall apply to all AIFM established in the Community, which provide management services to one or more alternative investment funds (AIF) irrespective of and their AIFM, provided that AIF:
2010/02/15
Committee: ECON
Amendment 317 #

2009/0064(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – point a
(a) are offered to EU investors, whether the AIF is domiciled inside or outside of the CommunityUnion;
2010/02/15
Committee: ECON
Amendment 323 #

2009/0064(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – point b
(b) whether the AIFM provides its services directly or by delegatinvest in the European Union, whether the AIF is domiciled inside or outside of the Union;
2010/02/15
Committee: ECON
Amendment 324 #

2009/0064(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – point c
(c) whether the AIF belongs to the open- ended or closed-ended type;deleted
2010/02/15
Committee: ECON
Amendment 327 #

2009/0064(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – point d
(d) the legal structure of the AIF and of the AIFM.deleted
2010/02/15
Committee: ECON
Amendment 332 #

2009/0064(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
An AIFM authorised in accordance with this Directive to provide management services to one or more AIF is also entitled to market shares or units of these AIF to professional investors in the Community subject to the conditions laid down in Chapter VI and, where relevant, Article 35.deleted
2010/02/15
Committee: ECON
Amendment 342 #

2009/0064(COD)

Proposal for a directive
Article 2 – paragraph 2 – point a
(a) AIFM which either directly or indirectly through a company with which the AIFM is linked by common management or control, or by a substantive direct or indirect holding, manage portfolios of AIF whose assets under management, including any assets acquired through use of leverage, in total do not exceed a threshold of 100 million Euro or 500 millions euros when the portfolio of AIF consists of AIF that are not leveraged and with no redemption rights exercisable during a period of 5 years following the date of constitution of each AIF;deleted
2010/02/15
Committee: ECON
Amendment 353 #

2009/0064(COD)

Proposal for a directive
Article 2 – paragraph 2 – point b
(b) AIFM established in the Community which do not provide management services to AIF domiciled in the Community and do not market AIF in the Community;deleted
2010/02/15
Committee: ECON
Amendment 367 #

2009/0064(COD)

Proposal for a directive
Article 2 – paragraph 2 – point e
(e) institutions which are covered by Directive 2003/41/EC of the European Parliament and the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision, provided that they are not acting as AIF;
2010/02/15
Committee: ECON
Amendment 417 #

2009/0064(COD)

Proposal for a directive
Article 2 – paragraph 3
3. Member States shall ensure that AIFM not reaching the threshold set out in paragraph 2(a) are entitled to be treated as AIFM falling under the scope of this Directive.deleted
2010/02/15
Committee: ECON
Amendment 430 #

2009/0064(COD)

Proposal for a directive
Article 2 – paragraph 4
4. The Commission shall adopt implementing measures with a view to determining the procedures under which AIFM managing portfolios of AIF whose assets under management do not exceed the threshold set out in paragraph 2(a) may exercise their right under paragraph 3. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).deleted
2010/02/15
Committee: ECON
Amendment 455 #

2009/0064(COD)

Proposal for a directive
Article 3 – point c
(c) ‘Valuator’ means any legal or natural person or company valuing the assets or establishing the value of the shares or units of an AIF authorised and supervised by a competent authority;
2010/02/15
Committee: ECON
Amendment 472 #

2009/0064(COD)

Proposal for a directive
Article 3 – point e a (new)
(ea) ‘AIF offered to investors’ means any AIF that receives funds from investors domiciled in the Union;
2010/02/15
Committee: ECON
Amendment 473 #

2009/0064(COD)

Proposal for a directive
Article 3 – point h
(h) ‘home Member State’ means the Member State in which the AIFM has been authorised pursuant to Art is domicile 6d;
2010/02/15
Committee: ECON
Amendment 476 #

2009/0064(COD)

Proposal for a directive
Article 3 – point i
(i) ‘host Member State’ means a Member State, other than the home Member State, within the territory of which an AIFM provides management services to AIF or markets shares or units thereof is offered to investors;
2010/02/15
Committee: ECON
Amendment 477 #

2009/0064(COD)

Proposal for a directive
Article 3 – point j
(j) ‘Competent authorities’ means the national and EuropeanUnion authorities which are empowered by law or regulation to supervise AIF and their AIFM;
2010/02/15
Committee: ECON
Amendment 508 #

2009/0064(COD)

Proposal for a directive
Chapter II - title
Authorisation of AIFM
2010/02/15
Committee: ECON
Amendment 509 #

2009/0064(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that no AIFM covered by this Directive provides management services to any AIF or markets shares or units thereof are offered to investors in the Union without prior authorisation. EntitiesAIF which are neitherot authorised in accordance with this Directive nor, in case of AIFM not covered by this Directive, in accordance with the national law of a Member State, shall not be allowed to provide management services to AIF or market units or shares thereof within the Communityshall not be allowed to be offered to investors in the Union.
2010/02/15
Committee: ECON
Amendment 520 #

2009/0064(COD)

Proposal for a directive
Article 4 – paragraph 2
2. AIFM may be authorised to provide management services either for all or certain types of AIF. An AIFM may hold an authorisation pursuant to this Directive and be authorised as a management or investment company pursuant to Directive 2009/…/EC – [UCITS Directive]deleted
2010/02/15
Committee: ECON
Amendment 544 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 - introductory part
An AIFM applying for an authorisation shall provide the following touthorisation shall be granted by the competent authorities of the host Member State where the AIF intends to be offered to investors. Authorisation given by the competent authorities of the host Member State where it has its registered officeshall not be valid for offering the AIF in any other member State. Authorisations valid for all Member States shall be granted by the ESMA. AIF which are not domiciled in the Union cannot apply for such an authorisation. An AIF applying for an authorisation shall provide the following to the competent authorities:
2010/02/15
Committee: ECON
Amendment 550 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 - point aa (new)
(aa) information on the identity of the AIFM;
2010/02/15
Committee: ECON
Amendment 553 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 - point b
(b) a programme of activity, including information on how the AIF and its AIFM intends to comply with itstheir obligations under chapters III, IV and where applicable, V, VI and VII;
2010/02/15
Committee: ECON
Amendment 555 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 - point c
(c) detailed information about the characteristics of the AIF it intends to manage, including the identification of the Member States or third countries on whose territory they are domiciled; Justification Authorisation applied to AIF.Or. en
2010/02/15
Committee: ECON
Amendment 556 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 - point d
(d) the fund rules or instruments of incorporation of each AIF the AIFM intends to manage;
2010/02/15
Committee: ECON
Amendment 574 #

2009/0064(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
1. The competent authorities of the home Member State shall grant authorisation only if they are satisfied that the AIF and its AIFM will be able to fulfil the conditions of this Directive.
2010/02/15
Committee: ECON
Amendment 578 #

2009/0064(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
TOnly the authorisation granted by the ESMA to AIF domiciled in the Union shall be valid for all Member States.
2010/02/15
Committee: ECON
Amendment 579 #

2009/0064(COD)

Proposal for a directive
Article 6 – paragraph 2 – introductory part
2. The competent authorities of the home Member State shall refuse authorisation where the effective exercise of their supervisory functions is prevented by any of the following:
2010/02/15
Committee: ECON
Amendment 582 #

2009/0064(COD)

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 2
The competent authorities of the home Member State may restrict the scope of the authorisation, in particular as regards the type of AIF the AIFM is allowed to manage, as well as the delegation arrangements.
2010/02/15
Committee: ECON
Amendment 586 #

2009/0064(COD)

Proposal for a directive
Article 6 – paragraph 5
5. AIFM may start providing management services in the home Member Statereceiving funds from investors as soon as the authorisation is granted.
2010/02/15
Committee: ECON
Amendment 587 #

2009/0064(COD)

Proposal for a directive
Article 6 a (new)
Article 6a Special conditions for granting authorisation to AIF domiciled in third countries 1. If the AIFM of the AIF applying for authorisation is established in the Union, the AIFM will be responsible for compliance with the requirements of this Directive by the AIF domiciled in third countries as if the AIF was domiciled in the Union. 2. If the AIF and its AIFM are both established in a third country, the authorisation can only be given if the AIF and the AIFM comply with the following requirement of the directive : (a) Chapter III except Articles 12 and 13 if the AIF is not operating on the Community financial markets; (b) Chapter IV; (c) Chapter V except if the AIF is not operating in the Union financial markets and does not buy non-listed companies in the Union. The fulfilment of the requirements of this Directive needs to be validated by a due diligence process done by one or more persons empowered by law to audit accounts in accordance with Directive 2006/43/EC. Authorisation will be given by competent authorities on the basis of this report that will have to be repeated on an annual basis. 3. Authorisation requires that the AIF is established in a country or jurisdiction which fully exchanges information for tax purposes with the member State in conformity with the internationally agreed standard included in Article 26 of the OECD Model Tax Convention. 4. Authorisation requires that the AIF is established in a country which ensures an effective exchange of information regarding prudential issues with the ESMA. 5. When AIF are domiciled in a third country the competent authorities may prolong the period referred to in Article 6(4), when this is necessary to check whether the conditions of this Directive are met. 6. When AIF are domiciled in a third country the competent authorities of the Member state, where the AIF applied for an authorisation, may impose supplemental requirement when it considered it necessary to protect its investors. 7. The Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c further specifying the content of requested due diligence process and the content of an effective exchange information regarding prudential issues.
2010/02/15
Committee: ECON
Amendment 590 #

2009/0064(COD)

Proposal for a directive
Article 7 – paragraph 1
AIFM shall, before implementation, notify the competent authorities of the home Member State of any change regarding the information provided in their initial application that may substantially affect the conditions under which the authorisation has been granted to an AIF, in particular changes of the investment strategy and policy of any AIF managed by it, of the AIF rules or instruments of incorporation and the identity of any further AIF the AIFM intends to manage.
2010/02/15
Committee: ECON
Amendment 596 #

2009/0064(COD)

Proposal for a directive
Article 8 – introductory part
The competent authorities may withdraw the authorisation issued to an AIFM where that AIFM:
2010/02/15
Committee: ECON
Amendment 599 #

2009/0064(COD)

Proposal for a directive
Chapter III – title
Operating conditions for AIF and their AIFM
2010/02/15
Committee: ECON
Amendment 609 #

2009/0064(COD)

Proposal for a directive
Article 9 a (new)
Article 9a Remuneration policy 1. Competent authorities shall require AIF and AIFM to have remuneration policies and practices that are consistent with and promote sound and effective risk management and do not encourage risk- taking which is inconsistent with the risk profiles, fund rules or instruments of incorporation of the AIF it manages. The technical criteria laid down in Annex I shall be taken into account. 2. Competent authorities shall ensure that AIF and AIFM comply with the requirements set out in Annex I.
2010/02/15
Committee: ECON
Amendment 636 #

2009/0064(COD)

Proposal for a directive
Article 11 – paragraph 4
4. InAt the castime of AIFM which engage in short selling when investing on behalf of one or more AIF, Member States shall ensure that the AIFM operates procedures which provide it with access to the securities or other financial instruments at the date when the AIFM committed to deliver them, andthe beginning of the short selling, AIF engaged in short selling shall be in possession of the securities or other financial instruments. Member States shall ensure that the AIFM implements a risk management procedure which allows the risks associated with the delivery of short sold securities or other financial instruments to be adequately managed.
2010/02/15
Committee: ECON
Amendment 644 #

2009/0064(COD)

Proposal for a directive
Article 12 – paragraph 1
1. For each AIF it manages the AIFM shall employAIF shall have an appropriate liquidity management system and adopt procedures whichand ensure that the liquidity profile of theits investments of the AIF complies with its underlying obligations. The AIFM shall regularly conduct stress tests, both under normal and exceptional liquidity conditions and monitor the liquidity risk of the AIF accordingly. The results of these stress tests need to be communicated to competent authorities. Close-ended AIF that do not use leverage are exempted from the requirements of this paragraph.
2010/02/15
Committee: ECON
Amendment 668 #

2009/0064(COD)

Proposal for a directive
Article 13 a (new)
Article 13a Investment in commodities markets AIF that invest in commodities markets shall regularly provide the ESMA with information about their direct or indirect position on these markets. In order to avoid any disturbance of the commodities prices due to operations made by AIF, the ESMA may impose limits to the positions taken by AIF on commodities markets. AIF are not allowed to invest directly or indirectly in agricultural commodities.
2010/02/15
Committee: ECON
Amendment 766 #

2009/0064(COD)

Proposal for a directive
Article 16 – paragraph 3 a (new)
3a. Independent valuation is not compulsory for close-ended AIF.
2010/02/15
Committee: ECON
Amendment 767 #

2009/0064(COD)

Proposal for a directive
Article 16 – paragraph 3 b (new)
3b. The AIFM remains liable that the value of the shares and units of the AIF are accurately established.
2010/02/15
Committee: ECON
Amendment 781 #

2009/0064(COD)

Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
4. The Commission shall adopt implementing measuresdelegated acts in accordance with Articles 49a, 49b and 49c further specifying the criteria under which a valuator can be considered independent within the meaning of paragraph 1. The Commission shall also adopt delegated acts in accordance with Articles 49a, 49b and 49c further specifying which supervised entities are allowed to act as valuator.
2010/02/15
Committee: ECON
Amendment 892 #

2009/0064(COD)

Proposal for a directive
Article 17 – paragraph 3
3. TFor AIFM established in the Union wherever the authorised AIF is domiciled, the depositary shall be a credit institution having its registered office in the CommunityUnion and be authorised in accordance with Directive 2006/48/EC of the European Parliament and Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast). For AIFM established in a third country, the depositary shall be a regulated credit institution in that third country.
2010/02/15
Committee: ECON
Amendment 911 #

2009/0064(COD)

Proposal for a directive
Article 17 – paragraph 4
4. Depositaries may delegate theirsome non- essential tasks to other depositaries. The Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c further specifying the essential tasks of a depositary. Those acts, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the procedure referred to in Article 290 of the Treaty on the Functioning of the European Union.
2010/02/15
Committee: ECON
Amendment 1184 #

2009/0064(COD)

Proposal for a directive
Chapter V - Title
Obligations regarding AIFM managing specific types of AIF
2010/03/08
Committee: ECON
Amendment 1185 #

2009/0064(COD)

Proposal for a directive
Chapter V – section 1 – title
Obligations for AIFM managing leveraged AIF
2010/03/08
Committee: ECON
Amendment 1190 #

2009/0064(COD)

Proposal for a directive
Article 22 – paragraph 1
This section shall apply only to AIFM which manage one or more AIF employing high levels of leverage on a systematic basis employing leverage investing on European markets and whose assets under management, including any assets acquired through the use of leverage, exceed the threshold of EUR 100 million.
2010/03/08
Committee: ECON
Amendment 1195 #

2009/0064(COD)

Proposal for a directive
Article 22 – subparagraph 2
AIFM shall assess on a quarterly basis whether the AIF employs high levels of leverage on a systematic basis and shall inform the competent authorities accordinglydeleted.
2010/03/08
Committee: ECON
Amendment 1200 #

2009/0064(COD)

Proposal for a directive
Article 22 – subparagraph 3
For the purposes of the second subparagraph, an AIF shall be deemed to employ high levels of leverage on a systematic basis where the combined leverage from all sources exceeds the value of the equity capital of the AIF in two out of the past four quarters.deleted
2010/03/08
Committee: ECON
Amendment 1206 #

2009/0064(COD)

Proposal for a directive
Article 23 – introductory part
AIFM managing one or more AIF employing high levels of leverage on a systematic basis shall for each such AIF employing leverage shall:
2010/03/08
Committee: ECON
Amendment 1209 #

2009/0064(COD)

Proposal for a directive
Article 23 – point a
(a) disclose to investors the maximum level of leverage which the AIFM may employ on behalf of the AIF as well as any right of re-use of collateral or any guarantee granted under the leveraging arrangement;
2010/03/08
Committee: ECON
Amendment 1214 #

2009/0064(COD)

Proposal for a directive
Article 23 – point b
(b) quarterly disclose to investors the total amount of leverage employed by each AIF in the preceding quarter.
2010/03/08
Committee: ECON
Amendment 1220 #

2009/0064(COD)

Proposal for a directive
Article 24 – paragraph 1 - subparagraph 1
1. AIFM managing one or more AIF employing high levels of leverage on a systematic basis employing leverage whose assets, including any assets acquired through use of leverage, exceed the threshold of EUR 100 million shall regularly provide, to the competent authorities of its home Member State,ESMA information about the overall level of leverage employed by each AIF it manages, and a break-down between leverage arising from borrowing of cash or securities and leverage embedded in financial derivatives.
2010/03/08
Committee: ECON
Amendment 1236 #

2009/0064(COD)

Proposal for a directive
Article 25 – paragraph 1
1. Member StatesThe Commission shall ensure that the competent authorities of the home Member StateESMA uses the information to be reported under Article 24 for the purposes of identifying the extent to which the use of leverage contributes to the build-up of systemic risk in the financial system or risks of disorderly markets.
2010/03/08
Committee: ECON
Amendment 1242 #

2009/0064(COD)

Proposal for a directive
Article 25 – paragraph 2
2. Home Member StatesThe ESMA shall ensure that all information received under Article 24, aggregated in respect of all AIFM that it supervises, areis made available to otherMember States competent authorities through the procedure set out in Article 46 on supervisory cooperation. It shall, without delay, also provide information through this mechanism, and bilaterally to other Member States directly concerned, if an AIFM under its responsibility could potentially constitute an important source of counterparty risk to a credit institution or other systemically relevant institution in other Member States.
2010/03/08
Committee: ECON
Amendment 1253 #

2009/0064(COD)

Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1
3. In order to ensure the stability and integrity of the financial system, the Commission shall adopt implementing measures settingESMA shall have the power to set limits to the level of leverage that AIFM can employ. These limits should take into account, inter alia, the type of AIF, their strategy and the sources of their leverage. Those measures designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
2010/03/08
Committee: ECON
Amendment 1279 #

2009/0064(COD)

Proposal for a directive
Article 25 – paragraph 4
4. In exceptional circumstances and when this is required in order to ensure the stability and integrity of the financial system, the competent authorities of the home Member State may impose additional limits to the level of leverage that AIFM can employ. Measures taken by the competent authorities of the home Member States shall have a temporary nature and should comply with the provisions adopted. The ESMA shall be informed of such a limitation by the Chommission pursuant to paragraph 3e Member State competent authorities.
2010/03/08
Committee: ECON
Amendment 1284 #

2009/0064(COD)

Proposal for a directive
Chapter V – Section 2 – Title
OBLIGATIONS FOR AIFM MANAGING AIF WHICH ACQUIRE CONTROLLING INFLUENCE IN COMPANIES
2010/03/08
Committee: ECON
Amendment 1289 #

2009/0064(COD)

Proposal for a directive
Article 26 – paragraph 1
1. This section shall apply to the following: (a) AIFM managing one or more AIF whichAIF that, either individually or in aggregation acquires 30 %ement with one or more of the voting rights of an issuer or of a non- listed company domiciled in the Community, as appropriate; (b) AIFM having concluded an agreement with one or more other AIFM which would allow the AIF managr AIF, acquire a significant or controlling influence, as defined by these AIFM to acquire 30 % or more of the voting rightsRS standards, of thean issuer or theof a non-listed company, as appropriate domiciled in the Union.
2010/03/08
Committee: ECON
Amendment 1305 #

2009/0064(COD)

Proposal for a directive
Article 26 – paragraph 2
2. This section shall not apply where the issuer or the non-listed company concerned are small and medium enterprises that employs fewer than 250 persons, have an annual turnover not exceeding 50 million euro and/or an annual balance sheet not exceeding 43 million euro.
2010/03/08
Committee: ECON
Amendment 1316 #

2009/0064(COD)

Proposal for a directive
Article 27 – paragraph 1
1. Member States shall ensure that when an AIFM is in a position to exercise 30 % or more of the voting rights ofa significant or controlling influence, as defined in the IFRS standards, in a non- listed company, such AIFM notifies the non- listed company and all other share-holders the information provided in paragraph 2. This notification shall be made, as soon as possible, but not later than four trading days the first of which being the day on which the AIFM has reached the position of behaving able to exercise 30% of the voting rights significant or controlling influence. After the first notification, the AIF shall notify each time the number of its voting rights is increased by more that 5 percentage points or where the AIF acquires control, as defined in the IFRS standards, of the non-listed company.
2010/03/08
Committee: ECON
Amendment 1327 #

2009/0064(COD)

Proposal for a directive
Article 27 – paragraph 2 – point b
(b) the conditions under which the 30 % thresholdsignificant or a controlling influence has been reached, including information about the identity of the different shareholders involved;
2010/03/08
Committee: ECON
Amendment 1332 #

2009/0064(COD)

Proposal for a directive
Article 27 c (new)
Article 27c Leverage limitation in the event of an acquisition of a controlling influence Leverage used by AIF that acquired a controlling influence in a non-listed company is limited to a ratio of financial debt used for the acquisition to earnings before interest, taxes, depreciation and amortisation. This ratio shall not be higher than 4 at the time of the acquisition of the controlling influence. This debt used for the calculation includes all the debt used by the AIF to acquire a controlling influence wherever the debt is located in either the acquired company or the AIF. The Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c further specifying the calculation of the ratio.
2010/03/08
Committee: ECON
Amendment 1333 #

2009/0064(COD)

Proposal for a directive
Article 27 d (new)
Article 27d Undercapitalisation limitation for AIF investing in non-listed companies. AIF that have a controlling influence in non-listed companies by using leverage shall not use the acquired company's pre- acquisition retained earnings to reimburse the acquisition debt. Companies that have been acquired by an AIF using leverage shall not pay dividends during the first two years following the acquisition that would lead to a smaller amount of retained earnings than at the time of the acquisition. The Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c further specifying the way of calculation of dividends limitation.
2010/03/08
Committee: ECON
Amendment 1341 #

2009/0064(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1
1. In addition to Article 27, Member States shall ensure that where an AIFM acquires 30 % or more of the voting rights ofa significant or a controlling influence over an issuer or a non-listed company, that its AIFM makes the information set out in the second and third subparagraphs available to the issuer, the non-listed company, their respective shareholders and representatives of employees or, where there are no such representatives, to the employees themselves.
2010/03/08
Committee: ECON
Amendment 1360 #

2009/0064(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2 – point c
(c) for AIF having a controlling influence, the policy for external and internal communication of the issuer in particular as regards employees.
2010/03/08
Committee: ECON
Amendment 1369 #

2009/0064(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 3 – point d
(d) the identity of the AIFM which either individually or in agreement with other AIFM have reached the 30 % thresholdacquired a significant or a controlling influence;
2010/03/08
Committee: ECON
Amendment 1373 #

2009/0064(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 3 – point e
(e) for AIF having a controlling influence and using leverage, the development plan for the non-listed company;
2010/03/08
Committee: ECON
Amendment 1377 #

2009/0064(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 3 – point g
(g) for AIF having a controlling influence and using leverage, the policy for external and internal communication of the issuer or non-listed company, in particular as regards employees.
2010/03/08
Committee: ECON
Amendment 1396 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 – introductory part
2. The AIF annual report shall include the following additional information for each issuer and non listed company in which the AIF has investeda controlling influence:
2010/03/08
Committee: ECON
Amendment 1401 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 - point a
(a) with regard to operational and financial developments, capital structure, capital expenditure and research and development spending, presentation of revenue and earnings by business segment, statement on the progress of company's activities and financial affairs, assessment of expected progress on activities and financial affairs, report on significant events in the financial year;
2010/03/08
Committee: ECON
Amendment 1420 #

2009/0064(COD)

Proposal for a directive
Article 29 a (new)
Article 29a Specific provisions regarding the information of employees of companies in which AIF excercice a controlling influence For AIF having acquired a controlling influence in a non-listed company by using leverage, the AIFM shall meet not later than two months after the acquisition the representatives of the employees, or, where there are no such representatives, the employees themselves. This meeting has to include a review of the development plan of the non-listed company and discuss the potential consequences of the AIF acquisition for employees. After the acquisition, the AIFM shall meet at least once a year with the representatives of the employees, or, where there are no such representatives, the employees themselves in order to discuss the information included in the annual report of the AIF regarding the acquired company.
2010/03/08
Committee: ECON
Amendment 1421 #

2009/0064(COD)

Proposal for a directive
Article 29 b - paragraph 1 (new)
Article 29b Specific provisions for AIF participating in the general assembly of listed companies 1. AIF investing in listed companies shall hold their shares for at least two months to be able to use the related voting rights in the general assembly of such listed companies.
2010/03/08
Committee: ECON
Amendment 1422 #

2009/0064(COD)

Proposal for a directive
Article 29 b paragraph 2 (new)
2. Voting rights in a listed company attached to borrowed shares held by AIF cannot be used in the general assembly of such listed company.
2010/03/08
Committee: ECON
Amendment 1432 #

2009/0064(COD)

Proposal for a directive
Article 30
Where, following anthe acquisition of 30 % or more of the voting rightsa controlling influence of an issuer, the shares of that issuer are no longer admitted to trading on a regulated market, it shall nevertheless continue to comply with its obligations under Directive 2004/109/EC for two years from the date of withdrawal from the regulated market.
2010/03/08
Committee: ECON
Amendment 1434 #

2009/0064(COD)

Proposal for a directive
Article 31 – title
Marketing of shares or units of AIF in the homeauthorised AIF in a Member State
2010/02/18
Committee: ECON
Amendment 1435 #

2009/0064(COD)

Proposal for a directive
Article 31 – paragraph 1
1. AShares or units of an authorised AIFM may be market shares or units of AIFed to professional investors in the homea Member State as soon as the conditions laid down in this Article are met.
2010/02/18
Committee: ECON
Amendment 1440 #

2009/0064(COD)

Proposal for a directive
Article 31 – paragraph 2 – subparagraph 1
2. The AIFM shall submit a notification to the competent authorities of its homea Member State in respect of each AIF that it intends to market in that Member State.
2010/02/18
Committee: ECON
Amendment 1449 #

2009/0064(COD)

Proposal for a directive
Article 31 – paragraph 3 – subparagraph 1
3. No later than ten working daywo months after receipt of a complete notification pursuant to paragraph 2, the competent authorities of the home Member State shall inform the AIFM whether it may start marketing the AIF identified in the notification referred to in paragraph 2.
2010/02/18
Committee: ECON
Amendment 1466 #

2009/0064(COD)

Proposal for a directive
Article 32 – paragraph 1 – subparagraph 1
1. Member States may allow the marketing of AIF domiciled in the Union to retail investors in their territory.
2010/02/18
Committee: ECON
Amendment 1481 #

2009/0064(COD)

Proposal for a directive
Article 33 – paragraph 1 – introductory part
1. Where an AIF, authorised AIFM intendby the ESMA is to be marketed to professional investors the units or shares of an AIF it manages in anotherin a Member Sstate, it shall submit the following documents to the competent authorities of its home Member StateESMA :
2010/02/18
Committee: ECON
Amendment 1482 #

2009/0064(COD)

Proposal for a directive
Article 33 – paragraph 1 – point d
(d) the indication of the Member State in which it intendthe AIF is to be market the units or shares of an AIF under its managemented to professional investors;
2010/02/18
Committee: ECON
Amendment 1485 #

2009/0064(COD)

Proposal for a directive
Article 33 – paragraph 2
2. The competent authorities of the home Member StateESMA shall, no later than ten working days after the date of receipt of the complete documentation, transmit the complete documentation referred to in paragraph 1 to the competent authorities of the Member State where the AIF will be marketed. They shall enclose an attestation that the AIFM concerned is authorised.
2010/02/18
Committee: ECON
Amendment 1490 #

2009/0064(COD)

Proposal for a directive
Article 34 – paragraph 4 – subparagraph 1
4. The competent authorities of the home Member State shall, no later than ten working daywo months after the date of receipt of the complete documentation, transmit the complete documentation referred to in paragraph 2, and where relevant 3, to the competent authorities of the Member State where the management services will be provided and an attestation that they have authorised the AIFM concerned. They shall immediately notify the AIFM about the transmission.
2010/02/18
Committee: ECON
Amendment 1499 #

2009/0064(COD)

Proposal for a directive
Article 35 – title
Conditions for the marketing in the Community ofinvesting in AIF domiciled in third countries
2010/02/18
Committee: ECON
Amendment 1503 #

2009/0064(COD)

Proposal for a directive
Article 35
An AIFM may only market shares or units of an AIF domiciled in a third country to professional investors domiciled in a Member State, if the third country has signed an agreement with this Member State which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention and ensures an effective exchange of information in tax matters. Where AIFM market shares or units of AIF domiciled in a third country the home Member States may prolong the period referred to in Article 31(3), when this is necessary to check whether the conditions of this Directive are met. Before allowing AIFM to marketUCITS investment companies authorised in accordance with Directive 2009/65/EC, credit institutions covered by Directive 2006/48/EC, institutions covered by Directive 2003/41/EC and institutions covered by Directive 73/239/EEC, Directive 2002/83/EC and Directive 2005/68/EC shall not own directly or indirectly shares or units ofin AIF domiciled in a third country, the home Member State shall have particular regard to the arrangements made by the AIFM in accordance with Article 38, where relevantthat would not be authorised in the Union.
2010/02/18
Committee: ECON
Amendment 1518 #

2009/0064(COD)

Proposal for a directive
Article 35 a (new)
Article 35a Conditions for investing in European markets for unauthorised third-country AIF Unauthorised third-country AIF as defined by Article 3(a), taking into account the exemptions listed in Article 2, and that own more that EUR 100 millions in assets in the Union and employ leverage shall be registered with the ESMA. In order to be allowed to operate on European markets, unauthorized AIF shall comply with the requirements of Articles 11(4), 12(1), 13, 13a, 24 and 25. In that case, the competent authority shall be the ESMA.
2010/02/18
Committee: ECON
Amendment 1520 #

2009/0064(COD)

Proposal for a directive
Article 35 c (new)
Article 35c Investment in authorised AIF Authorised AIF shall not invest directly or indirectly more than 20 percent of their total assets in AIF not authorised in the Union.
2010/02/18
Committee: ECON
Amendment 1521 #

2009/0064(COD)

Proposal for a directive
Article 35 d (new)
Article 35d Conditions for acquiring a significant or a controlling influence in a European issuer or a European non-listed company for unauthorised third-country AIF Unauthorised third-country AIF as defined by Article 3(a), taking into account the exemptions listed in Article 2, that employ leverage for acquiring a significant influence or a controlling influence in non-listed companies or in an issuer shall comply with Articles 26 to 30.
2010/02/18
Committee: ECON
Amendment 1527 #

2009/0064(COD)

Proposal for a directive
Article 36
Member States shall onlynot allow an AIFM to delegate administrative services to entities establishof an AIF domiciled in a third country, provided that all of the following conditions are met: (a) the requirements set out in Article 18 are fulfilled; (b) the entity is authorised to provide Union to delegate administrationve services or registered in the third country in which it is established and is subject to prudential supervision; (c) there is an appropriate co-operation agreement between the competent authority of the AIFM and the supervisory authority of the entitto entities established in a third country.
2010/02/18
Committee: ECON
Amendment 1539 #

2009/0064(COD)

Proposal for a directive
Article 37
1. Member States shall only allow the appointment of a valuator established in a third country, provided that all of the following conditions are met: (a) the requirements set out in Article 16 are fulfilled; (b) the third country is the subject of a decision taken pursuant to paragraph 3 stating that the valuation standards and rules usThe competent authorities may, on an exceptional basis, allow AIFM established in the Union to appoint a valuator established in a third country if assets located in third countries cannot be accurately valued by a valuators established on its territory are equivalent to those applicable in the Community. 2. The Commission shall adopt implementing measures specifying the criteria for assessing the equivalence of the valuation standards and rules of third countries as referred to in paragraph (1) (b). Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to inin the Union. The Commission shall adopt delegated acts in accordance with Articles 49(3). 3. On the basis of the criteria referred to in paragraph 2, the Commission shall, a, 49b and 49c specifying the criteria for assessing accordance with the procedure referred to in Article 49(2), adopt implementing measures, stating that the valuation standards and rules of a third country legislation are equivalent to those applicable in the Communityssets that would not be accurately valued by a valuator established in the Union.
2010/02/18
Committee: ECON
Amendment 1553 #

2009/0064(COD)

Proposal for a directive
Article 39
Article 39 Authorisation of AIFM established in third countries 1. accordance with this Directive, AIFM established in a third country to market units or shares of an AIF to professional investors in the Community under the conditions of this Directive, provided that: (a) the third country is the subject of a decision taken pursuant to paragraph 3 (a) stating that its legislation regarding prudential regulation and on-going supervision is equivalent to the provisions of this Directive and is effectively enforced; (b) the third country is the subject of a decision taken pursuant to paragraph 3 (b) stating that it grants Community AIFM effective market access comparable to that granted by the Community to AIFM from that third country; (c) the AIFM provides the competent authorities of the Member State in which it applies for authorisation with the information referred to in Articles 5 and 31 ; (d) a cooperation-agreement between the competent authorities of that Member State and the supervisor of the AIFM exists which ensures an efficient exchange of all information that are relevant for monitoring the potential implications of the activities of the AIFM for the stability of systemically relevant financial institutions and the orderly functioning of markets in which the AIFM is active. (e) the third country has signed an agreement with the Member State in which it applies for authorisation which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention and ensures an effective exchange of information in tax matters. 2. implementing measures aimed at establishing: (a) general equivalence criteria for the equivalence and effective enforcement of third country legislation on prudential regulation and on-going supervision, based on the requirements laid down in Chapters III, IV and V. (b) general criteria for assessing whether third countries grant Community AIFM effective market access comparable to that granted by the Community to AIFM from those third countries. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3). 3. referred to in paragraph 2, the Commission shall, in accordance with the regulatory procedure referred to in Article 49(2), adopt implementing measures stating: (a) that the legislation on prudential regulation and ongoing supervision of AIFM in a third country is equivalent to this Directive and effectively enforced; (b) that a third country grant Community AIFM effective market access at least comparable to that granted by the Community to AIFM from that third country.deleted Member States may authorise, in The Commission shall adopt On the basis of the criteria
2010/02/18
Committee: ECON
Amendment 1594 #

2009/0064(COD)

Proposal for a directive
Article 40 – paragraph 2
Where a Member State designates several competent authorities it shall inform the Commission and the ESMA thereof, indicating any division of duties.
2010/02/18
Committee: ECON
Amendment 1598 #

2009/0064(COD)

Proposal for a directive
Article 41 – paragraph 1 – introductory part
1. Competent authorities designated by Member States and the ESMA shall be given all supervisory and investigatory powers that are necessary for the exercise of their functions. Such powers shall be exercised in any of the following ways:
2010/02/18
Committee: ECON
Amendment 1603 #

2009/0064(COD)

Proposal for a directive
Article 42 – paragraph 1 – introductory part
1. The home Member States shall ensure that the competent authorities may take them following measures:
2010/02/18
Committee: ECON
Amendment 1608 #

2009/0064(COD)

Proposal for a directive
Article 45 – paragraph 1
1. The competent authorities of the Member States shall co-operate with each other and with the ESMA and the ESRB whenever necessary for the purpose of carrying out their duties under this Directive or of exercising their powers under this Directive or under national law.
2010/02/18
Committee: ECON
Amendment 1614 #

2009/0064(COD)

Proposal for a directive
Article 46 – paragraph 1
1. The competent authorities responsible for the authorisation and supervision of AIFM under this Directive shall communicate information to the competent authorities of other Member StatesESMA and the ESRB where this is relevant for monitoring and responding to the potential implications of the activities of individual AIFM or AIFM collectively for the stability of systemically relevant financial institutions and the orderly functioning of markets on which AIFM are active. The Committee of European Securities Regulators (CESR) established by Commission Decision 2009/77/EC of 23 January 20091 shall also be informed andESMA shall forward this information to the competent authorities of the other Member States.
2010/02/18
Committee: ECON
Amendment 1626 #

2009/0064(COD)

Proposal for a directive
Article 48 – paragraph 1
1. The Committee of European Securities Regulators (CESR)ESMA shall establish a mediation mechanism.
2010/02/18
Committee: ECON
Amendment 1628 #

2009/0064(COD)

Proposal for a directive
Article 48 – paragraph 2
2. In case of disagreement between competent authorities on an assessment, action or omission of one of the competent authorities concerned under this Directive, the competent authorities shall refer the matter to the CESRMA, where discussion will take place in order to reach a rapid and effective solution. The competent authorities shall duly consider the advice of the CESRIf the disagreement persists, the ESMA may impose a solution to the competent authorities concerned.
2010/02/18
Committee: ECON
Amendment 1644 #

2009/0064(COD)

Proposal for a directive – amending act
Article 51
AIF and AIFM operating in the Community before [the deadline for the transposition of this Directive]...* shall adopt all necessary measures to comply with this Directive and shall submit an application for authorisation within one year of the deadline for the transposition of this Directiveby ...**. * OJ: please insert date: date referred to in Article 54. ** OJ: please insert date: one year from the date referred to in Article 54.
2010/02/18
Committee: ECON
Amendment 1650 #

2009/0064(COD)

Proposal for a directive – amending act
Article 51 – paragraph 1 a (new)
The restrictions on investment policies set out in Article 35 of this Directive shall be implemented immediately for new investments.
2010/02/18
Committee: ECON
Amendment 1651 #

2009/0064(COD)

Proposal for a directive – amending act
Article 51 – paragraph 1 b (new)
For investments in open-ended unauthorised AIF made before ...*, investors shall have three years to comply with this Directive. * OJ: please insert date: date referred to in Article 54.
2010/02/18
Committee: ECON
Amendment 1652 #

2009/0064(COD)

Proposal for a directive – amending act
Article 51 – paragraph 1 c (new)
For investments in closed-ended unauthorised AIF made before ...*, the requirements of this Directive regarding investment policies shall not apply to investors as long as no shares or units are redeemed by the unauthorised AIF. * OJ: please insert date: date referred to in Article 54.
2010/02/18
Committee: ECON
Amendment 1669 #

2009/0064(COD)

Proposal for a directive – amending act
Annex I a (new)
ANNEX Ia REMUNERATION POLICIES 1. When establishing and applying the remuneration policies for those categories of staff, including senior management, whose professional activities have a material impact on their risk profile or the risk profiles of AIF they manage, AIFM shall comply with the following principles in a way and to the extent that is appropriate to their size and the size of AIF they manage, their internal organisation and the nature, the scope and the complexity of their activities: (a) the remuneration policy is consistent with and promotes sound and effective risk management and does not encourage risk-taking which is inconsistent with the risk profiles, fund rules or instruments of incorporation of the AIF it manages; (b) the remuneration policy is in line with the business strategy, objectives, values and interests of the AIFM and the AIF it manages or the investors of the AIF, and includes measures to avoid conflicts of interest; (c) the management body in its supervisory function of the AIFM adopts and periodically reviews the general principles of the remuneration policy and is responsible for its implementation; (d) the implementation of the remuneration policy is, at least annually, subject to central and independent internal review for compliance with policies and procedures for remuneration adopted by the management body in its supervisory function; (e) staff members engaged in risk management are compensated in accordance with the achievement of the objectives linked to their functions, independent of the performance of the business areas they control; (f) where remuneration is performance related, the total amount of remuneration is based on a combination of the assessment of the performance of the individual and of the business unit or AIF concerned and of the overall results of the AIFM, and when assessing individual performance, financial as well as non- financial criteria are taken into account; (g) the assessment of performance is set in a multi-year framework appropriate to the life-cycle of the AIF managed by the AIFM in order to ensure that the assessment process is based on longer term performance and that the actual payment of performance-based components of remuneration is spread over a period which takes account of the redemption policy of the AIF it manages and their investment risks; (h) guaranteed variable remuneration is not allowed; (i) the proportion of variable components of total remuneration shall be limited ; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible policy on variable remuneration components, including the possibility to pay no variable remuneration component; (j) payments related to the early termination of a contract reflect performance achieved over time and are designed in a way that does not reward failure; (k) the measurement of performance used to calculate variable remuneration components or pools of variable remuneration components includes an adjustment for all relevant types of current and future risks; (l) variable remuneration is deferred over a period which is appropriate in view of the life cycle and redemption policy of the AIF concerned and is correctly aligned with the nature of the risks of the AIF in question; for closed-ended funds, variable remuneration can only be paid at the liquidation of the AIF ; for open-ended funds, variable remuneration can only be paid after a period of 5 years; remuneration payable under deferral arrangements vests no faster than on a pro-rata basis; (m) the variable remuneration, including the deferred portion, is paid or vests only if it is sustainable according to the financial situation of the AIFM as a whole, and justified according to the performance of the business unit, the AIF and the individual concerned; the total variable remuneration is generally considerably contracted where subdued or negative financial performance of the AIFM or of the AIF concerned occurs; (n) staff members are required to undertake not to use personal hedging strategies or remuneration- and liability- related insurance to undermine the risk alignment effects embedded in their remuneration arrangements. 2. The principles set out in point 1 shall apply both to the remuneration paid by the AIFM and to the remuneration paid by the AIF itself (carried interest). Paragraph 1 shall not apply to returns to employees from their investments in AIF managed by the AIFM nor shall it apply to remuneration paid in connection with the liquidation of an AIF. Point 1(l) shall not apply in respect of variable remuneration linked directly to fees earned by the AIFM which cannot be clawed back. 3. AIFM that are significant in terms of their size or the size of the AIF they manage, their internal organisation and the nature, the scope and the complexity of their activities shall establish a remuneration committee. The remuneration committee shall be constituted in a way that enables it to exercise competent and independent judgment on remuneration policies and practices and the incentives created for managing risk. The remuneration committee shall be responsible for the preparation of decisions regarding remuneration, including those which have implications for the risk and risk management of the AIFM or the AIF concerned and which are to be taken by the management body in its supervisory function. The remuneration committee shall be chaired by a member of the management body who does not perform any executive functions in the AIFM concerned.
2010/02/18
Committee: ECON
Amendment 19 #

2008/0196(COD)

Proposal for a directive
Article 3 – paragraph 2
2. This Directive shall only apply to financial services as regards certain off- premises contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by Articles 30 to 39 and general provisions as provided for by Articles 40 to 46, read in conjunction with Article 4 on fullminimum harmonisation.
2010/06/11
Committee: ECON
Amendment 20 #

2008/0196(COD)

Proposal for a directive
Article 3 – paragraph 3
3. Only Articles 30 to 39 on consumer rights concerning unfair contract terms, read in conjunction with Article 4 on fullminimum harmonisation, shall apply to contracts which fall within the scope of Directive 94/47/EC of the European Parliament and of the Council12 and of Council Directive 90/314/EEC13 .
2010/06/11
Committee: ECON
Amendment 22 #

2008/0196(COD)

Proposal for a directive
Article 4 – title
Full harmonisation Minimum harmonisation
2010/06/11
Committee: ECON
Amendment 25 #

2008/0196(COD)

Proposal for a directive
Article 4
1. Unless indicated differently in this Directive, Member States may notadopt or maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protectionin force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection. 2. Where Member States maintain or introduce more stringent provisions to ensure a higher level of consumer protection in the field harmonised by this Directive, these provisions must be compatible with the Treaty and must be notified to the Commission. The Commission shall make that information public on a website or in another easily accessible way. 3. The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability.
2010/06/11
Committee: ECON
Amendment 32 #

2008/0196(COD)

Proposal for a directive
Article 7 a (new)
Article 7a Higher level of protection With regard to Articles 5, 6 and 7, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
2010/06/11
Committee: ECON
Amendment 47 #

2008/0196(COD)

Proposal for a directive
Article 19 a (new)
Article 19a Higher level of protection With regard to Articles 8 to 19, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
2010/06/11
Committee: ECON
Amendment 48 #

2008/0196(COD)

Proposal for a directive
Article 20 – paragraph 2
2. Articles 8 to 19 shall not apply to off- premises contracts relating to: (a) insurance, (b) financial services whose price depends on fluctuations in the financial market outside the trader's control, which may occur during the withdrawal period, as defined in Article 6(2)(a) of Directive 2002/65/EC16 and (c) credit which falls within the scope of Directive 2008/48/EC.deleted
2010/06/11
Committee: ECON
Amendment 64 #

2008/0196(COD)

Proposal for a directive
Article 34
Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40. Member States may adopt or maintain additional contract terms in addition to those included in that list.
2010/06/11
Committee: ECON
Amendment 65 #

2008/0196(COD)

Proposal for a directive
Article 35
Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40. Member States may adopt or maintain additional contract terms in addition to those included in that list.
2010/06/11
Committee: ECON
Amendment 66 #

2008/0196(COD)

Proposal for a directive
Article 39 a (new)
Article 39a Higher level of protection With regard to Articles 30 to 39, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
2010/06/11
Committee: ECON
Amendment 15 #

2007/0238(CNS)

Draft Directive – amending act
Article 1 – point 12
Directive 2006/112/EC
Article 168 a – paragraph 2
2. Member States may also apply paragraph 1 in relation to VAT on expenditure relThe Commission shall evaluate to what extent it would be appropriate to authorise Member States to apply paragraph 1 to movable goods with a durable nature and forming part of the business assets. Any legislative proposal in that respect shall aim to harmonise the applicable rules in order to eliminated, to other goods forming part of the business assets as they specify greatest extent possible, factors that could distort competition, with a view to ensuring the proper functioning of the internal market. Such a legislative proposal shall be accompanied by an impact assessment.
2009/10/15
Committee: ECON