1171 Amendments of Pablo ARIAS ECHEVERRÍA
Amendment 257 #
2023/2059(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
Amendment 264 #
2023/2059(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to monitor the proper implementation of Directive 2003/87/EC, on emission allowances, with regard to evasive port calls and the relocation of transshipment activities to ports outside of the Union. Such evasive behaviours are harmful to the European ports that are, on account of their location, the most vulnerable to competing ports in third countries and may result in increased CO2 emissions.
Amendment 130 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘slow-moving products’ means slow-moving products other than food and consumer products, where slow-moving is defined as the product being in the retailer’s possession, from actual supply by the manufacturer or wholesaler to final retail sale, for more than 60 days on average;
Amendment 130 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘slow-moving products’ means slow-moving products other than food and consumer products, where slow-moving is defined as the product being in the retailer’s possession, from actual supply by the manufacturer or wholesaler to final retail sale, for more than 60 days on average;
Amendment 149 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The payment period for transactions between public authorities and undertakings shall not exceed 30 calendar days. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 149 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The payment period for transactions between public authorities and undertakings shall not exceed 30 calendar days. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 162 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. By way of derogation from paragraph 1, Member States may allow longer payment periods for products previously identified in conjunction with the relevant economic operators and bodies, taking into account their characteristics, such as the rate at which they are turned over. Where the payment periods for these products exceed 30 days, they shall be accompanied by financial compensation for the creditor that is equivalent to the deferral, mechanisms for discounting invoices and/or, where applicable, financial guarantees or instruments for securing payment. Such compensation, mechanisms and guarantees shall be proportionate to the payment period covered.
Amendment 162 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. By way of derogation from paragraph 1, Member States may allow longer payment periods for products previously identified in conjunction with the relevant economic operators and bodies, taking into account their characteristics, such as the rate at which they are turned over. Where the payment periods for these products exceed 30 days, they shall be accompanied by financial compensation for the creditor that is equivalent to the deferral, mechanisms for discounting invoices and/or, where applicable, financial guarantees or instruments for securing payment. Such compensation, mechanisms and guarantees shall be proportionate to the payment period covered.
Amendment 337 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. Enforcement authorities shall forward to the Commission every six months a report specifying the number of penalties applied under Article 14(2).
Amendment 377 #
2023/0323(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Member States may designate their respective chambers of commerce and industry as bodies responsible for alternative dispute resolution.
Amendment 154 #
2023/0290(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered tofore the application of this Regulation pursuant to Article 56 adopt implementing acts determining whether or not specific products or categories of products fulfil the criteria set out in paragraph 1 of this Article and therefore can or cannot be considered toys within the meaning of this Regulation. Those implementing acts shall be adopted in accordance with the procedure set out in Article 50(2).
Amendment 168 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘data carrier’ means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a device;data carrier as defined in Article 2 paragraph 1, point 30 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
Amendment 169 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘unique product identifier’ means unique string of characters for the identification of toys that also enables a web link to the product passport;product identifier as defined in Article 2 paragraph 1, point 31 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
Amendment 170 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘unique operator identifier’ means a unique string of characters for the identification of actors involved in the value chain of toys;operator identifier as defined in Article 2 paragraph 1, point 32 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
Amendment 188 #
2023/0290(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well- being and cognitive development of children, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
Amendment 211 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy. Manufacturers shall indicate a single point at which they can be contacted.
Amendment 287 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) be up to date;, while not presenting outdated information older than three months.
Amendment 287 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) be up to date;, while not presenting outdated information older than three months.
Amendment 302 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – introductory part
Article 17 – paragraph 10 – subparagraph 1 – introductory part
The Commission shall prior to the application of this regulation pursuant Article 56 adopt implementing acts determining the specific and technical requirements related to the product passport for toys. Those requirements shall cover in particular the following:
Amendment 302 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – introductory part
Article 17 – paragraph 10 – subparagraph 1 – introductory part
The Commission shall prior to the application of this regulation pursuant Article 56 adopt implementing acts determining the specific and technical requirements related to the product passport for toys. Those requirements shall cover in particular the following:
Amendment 385 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 542 months after the date of entry into force of this Regulation].
Amendment 385 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 542 months after the date of entry into force of this Regulation].
Amendment 392 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. EC type-examination certificates issued in accordance with Article 20 of Directive 2009/48/EC shall remain valid until … [PO insert date: the first day of the month following 542 months after the date of entry into force of this Regulation], unless they expire before that date.
Amendment 392 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. EC type-examination certificates issued in accordance with Article 20 of Directive 2009/48/EC shall remain valid until … [PO insert date: the first day of the month following 542 months after the date of entry into force of this Regulation], unless they expire before that date.
Amendment 402 #
2023/0290(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
However, Articles 2(3), 17(10), 24 to 40, and 46 to 52, shall apply from … [OP: please insert the date of entry into force of this Regulation].
Amendment 402 #
2023/0290(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
However, Articles 2(3), 17(10), 24 to 40, and 46 to 52, shall apply from … [OP: please insert the date of entry into force of this Regulation].
Amendment 412 #
2023/0290(COD)
Proposal for a regulation
Annex I – Part II a (new)
Annex I – Part II a (new)
II a Books for children older than 36 months, that are made entirely of paper and/or cardboard, without additional materials or components.
Amendment 412 #
2023/0290(COD)
Proposal for a regulation
Annex I – Part II a (new)
Annex I – Part II a (new)
II a Books for children older than 36 months, that are made entirely of paper and/or cardboard, without additional materials or components.
Amendment 418 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part I – point 9
Annex II – Part I – point 9
9. Toys shallintended to generate sound must be designed and manufactured in such a way, in terms ofwith regard to the maximum values for impulse noise and continuous noise, in such a way that the sound from them is not able tothey emit cannot impair children’'s hearing.
Amendment 418 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part I – point 9
Annex II – Part I – point 9
9. Toys shallintended to generate sound must be designed and manufactured in such a way, in terms ofwith regard to the maximum values for impulse noise and continuous noise, in such a way that the sound from them is not able tothey emit cannot impair children’'s hearing.
Amendment 453 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part I – point d
Annex VI – Part I – point d
(d) object of the passport (identification of toy allowing traceability, including a colour image of sufficient clarity to enable the identification of the toy);
Amendment 453 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part I – point d
Annex VI – Part I – point d
(d) object of the passport (identification of toy allowing traceability, including a colour image of sufficient clarity to enable the identification of the toy);
Amendment 454 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part I – point k
Annex VI – Part I – point k
Amendment 454 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part I – point k
Annex VI – Part I – point k
Amendment 456 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part II a (new)
Annex VI – Part II a (new)
II a image or drawing of the toy.
Amendment 456 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part II a (new)
Annex VI – Part II a (new)
II a image or drawing of the toy.
Amendment 84 #
2023/0265(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The artificial barriers to the cross- border transport of heavier lorries primarily used in long distance transport (such as vehicle combinations with 5 and 6 axles), should be removed in a harmonised way to take advantage in the short term of the operational, energy and environmental efficiency linked to the greater loading capacity granted by the Member States, including for intermodal transport. To effectively drive the transition towards zero-emission mobility, it is necessary to phase out the use of such heavier lorries running on fossil fuels, as of 2035, when the market penetration of zero-emission HDVs is projected to increase significantly up to around 50% of new HDV registrationevaluate as of 2032 whether the state of the technology developments in the markets allows to phase out the use of such heavier lorries running on fossil fuels. After the phasing out, heavier lorries should continue to be allowed in national traffic while, in international traffic, they should comply with the maximum authorised weights set up in Annex I to Directive 96/53/EC, which limits the extra weight allowance to zero-emission vehicles and to vehicles involved in an intermodal transport operation.
Amendment 84 #
2023/0265(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The artificial barriers to the cross- border transport of heavier lorries primarily used in long distance transport (such as vehicle combinations with 5 and 6 axles), should be removed in a harmonised way to take advantage in the short term of the operational, energy and environmental efficiency linked to the greater loading capacity granted by the Member States, including for intermodal transport. To effectively drive the transition towards zero-emission mobility, it is necessary to phase out the use of such heavier lorries running on fossil fuels, as of 2035, when the market penetration of zero-emission HDVs is projected to increase significantly up to around 50% of new HDV registrationevaluate as of 2032 whether the state of the technology developments in the markets allows to phase out the use of such heavier lorries running on fossil fuels. After the phasing out, heavier lorries should continue to be allowed in national traffic while, in international traffic, they should comply with the maximum authorised weights set up in Annex I to Directive 96/53/EC, which limits the extra weight allowance to zero-emission vehicles and to vehicles involved in an intermodal transport operation.
Amendment 174 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 96/53/EC
Article 4 – paragraph 4a – new subparagraph
Article 4 – paragraph 4a – new subparagraph
From 1 January 2040, where Member States allow the circulation in their territories of vehicles or vehicle combinations of European Modular Systems (EMS) engaged in international traffic, they shall evaluate whether the state of the technology developments in the markets allows phasing out the use of such EMS running on fossil fuels.
Amendment 174 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 96/53/EC
Article 4 – paragraph 4a – new subparagraph
Article 4 – paragraph 4a – new subparagraph
From 1 January 2040, where Member States allow the circulation in their territories of vehicles or vehicle combinations of European Modular Systems (EMS) engaged in international traffic, they shall evaluate whether the state of the technology developments in the markets allows phasing out the use of such EMS running on fossil fuels.
Amendment 190 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive applies to explicit environmental claims made by traders about products or traders in business-to- consumer commercial practices as defined in Article 2 d) of Directive 2005/29/EC.
Amendment 229 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
Amendment 263 #
2023/0085(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 305 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 318 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 445 #
2023/0085(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where the explicit environmental claim is related to a final product, and the use phase is among the most relevant life- cycle stages of that product, the claim shall include if applicable information on how the consumer should use the product in order to achieve the expected environmental performance of that product. That information shall be made available together with the claim.
Amendment 446 #
2023/0085(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 549 #
2023/0085(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 604 #
2023/0085(COD)
Proposal for a directive
Article 9
Article 9
Amendment 614 #
2023/0085(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall set up procedures for verifying the substantiation and communication of explicit environmental claims made after the entry into force of this Directive against the requirements set out in Articles 3 to 7.
Amendment 654 #
2023/0085(COD)
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The certificate of conformity shall be recognised by thall Member States and their respective competent authorities responsible for the application and enforcement of this Directive. Member States shall notify the list of certificates of conformity via the Internal Market Information System established by Regulation (EU) No 1024/2012.
Amendment 697 #
2023/0085(COD)
Proposal for a directive
Article 11 b (new)
Article 11 b (new)
Article11b Presumption of conformity with the verification and certification requirement 1. For the purpose of this Directive, an explicit environmental claim shall be presumed to be in conformity with the substantiation requirement laid down in Article 3 of this Directive if it conforms to European standards, the references of which have been included in Annex I to this Directive. 2. The Commission may amend Annex I by adopting delegated acts determining standards and methodologies which cover certain environmental aspects, environmental performance or environmental impacts to ensure that explicit environmental claims which conform to those satisfy the substantiation requirement laid down in Article 3. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 18. 3. Explicit environmental claims in conformity with this Article are exempted from the preverification requirement laid down in Article 10. 4. However, the presumption of conformity with the general safety requirement under paragraph 1 shall not prevent market surveillance authorities from taking all appropriate measures under this Directive where there is evidence that, despite such presumption, the product is dangerous.
Amendment 773 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
For the purposes of point (a), Member States shall ensure that whenproportionate penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394115 , the maximum amount of such fines being at least at 4 % of the trader’s annual turnover in the Member State or Member States concerned. _________________ 115 OJ L 345, 27.12.2017, p. 1.
Amendment 811 #
2023/0085(COD)
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive].
Amendment 32 #
2022/2060(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 38 #
2022/2060(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Believes that consolidation within the telecommunications and internet service providers sector could have a significant positive effect on competition within the Union; calls on the Commission to revisit the current market definition to frame new market realities, where traditional markets are increasingly becoming global and cross sector; underlines that competition policy must support net neutrality and prevent all attempts to undermine it;
Amendment 25 #
2022/2058(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the fundamental qualities of the standardisation system remain relevant and effective for the proper functioning of the internal market; recalls that standards are a voluntary, market- driven tool providing technical requirements and guidance, the use of which facilitates the compliance of goods and services with European legislation and supports the development of European policies in an accountable, transparent and inclusive way; stresses, however, that standards cannot be seen as EU law, since legislation and policies regarding the level of consumer, health, safety, environmental and data protection, and the level of social inclusion, are determined by the legislator;
Amendment 30 #
2022/2058(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses, that consumer, health, safety, environmental and data protection should be pursued by standards but these cannot be seen as EU law, since legislation is determined by the legislator;
Amendment 32 #
2022/2058(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 47 #
2022/2058(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. NotWelcomes the intention to involve Parliament and the Council in an annual event to prepare priorities for standardisation activities; considers that the importance ofrecalls that standardisation ais a strategic initiative and an operational element offor the internal market necessitatesand considers that deeper and more regular scrutiny by the co- legislators than is possible at an annual eventis desirable;
Amendment 51 #
2022/2058(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the creation of an EU excellence hub on standards and the appointment of a chief standardisation officer (CSO) in the Commission; believes that this position and the hub, as a resource, should lead to greater consistency across the Commission in terms of standardisation requests and the preparation andtimely adoption of standards and legislative provisions with relevance to standardisation, as well as to the consistent application of the New Legislative Framework; considers that the person holding this oversight function should be an important interlocutor for Parliament, enabling the technical scrutiny of the Commission’s standardisation activities;
Amendment 55 #
2022/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 63 #
2022/2058(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the risk of overlap between the High-Level Forum and the EU excellence hub, together with other expert groups, industry forums and policy-specific groupings, such as the AccessibleEU centre, which Parliament considers could assist the Commission on standardisation matters; encourages the Commission to avoid the duplication of work streams and to seek collaboration between forums where possible so as to make the best use of experts’ limited time, encourage participation and minimise administrative costs;
Amendment 69 #
2022/2058(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. NotWelcomes that the Commission wishes to accelerate the steps involved in developing standards; considers that the timely preparation of standards is necessary for the proper functioning of the internal market, in particular in the case of harmonised standards;
Amendment 75 #
2022/2058(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers that EU product legislation should focus on essential health and safety requirements through a technology-neutral approach, leaving the technical details to harmonised EU standards;
Amendment 81 #
2022/2058(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that there may be inherent limits to speeding up the standardisation process, as the preparation of standards, citation of harmonised standards and industry implementation of those standards all add time before market adoption; recognises that it may be easier to accelerate administrative tasks, such as citation in the Official Journal, but that the unduly rushed preparation or deployment of standards creates challenges for all stakeholders, including national authorities; encourages the Commission, in conjunction with improvements to its own internal processes, to continue working with the ESOs on ways of achieving timely delivery, includingwhich should entail an early exchange of information on the contents and the feasibility of standardization requests the Commission is planning and the consideration of the most suitable standardisation deliverable depending on the need;
Amendment 92 #
2022/2058(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recalls that in the past years, the practices in the European standardisation organisations as regards their internal governance and decision-making procedures have changed, with European standardisation organisations increasing their co-operation with international and European stakeholders; however, when European standardisation organisations execute standardisation requests to support Union legislation and policies, it is essential that their internal decisions take into account the interests, policy objectives, and values of the Union, as well as the public interests in general.
Amendment 102 #
2022/2058(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the focus on national- level involvement of wider stakeholders, including SMEs and consumer organization, in standardisation activities; notes that not all organisations listed in Annex III have national counterparts in theall Member States; considers that the Commission may direct funding or technical support to those organisations to ensure participation in national standardisation activities, including not only technical work on standards, but also the preparation of positions vis-à-vis standardisation requests at the European and international levels, thereby reinforcing the inclusivity of the process as a whole;
Amendment 108 #
2022/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the need for a consistent approach towards technical or common specifications, in particular as different legislative processes may give rise to divergent provisions; considers, therefore, that this mechanisms concerned about a disconnect or contradiction of common or technical specifications from existing European or international standards which leads to increased productions costs and administrative burdens for companies operating in the Single Market, in particular for SMEs; considers, that common specifications should only be used in exceptional circumstances, clearly defined in legislation and only while relevant standards do not exist; expresses concern about technical specifications concerning, among other things, respect for fundamental rights, where recourse to implementing acts affects the co-legislators’ powers of scrutiny and the Commission has already issued a standardization request which has been unduly delayed or not been accepted by the responsible ESO;
Amendment 115 #
2022/2058(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Regrets the procedure for adoption of common specifications has not been agreed on a horizontal instruments; acknowledges the agreed procedure in sectorial legislation and considers it should be the standard text and urges the Commission to adhere to such text in upcoming proposals;
Amendment 117 #
2022/2058(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that divergent regulatory outcomes may also affect the standardisation process more generally, owing to differing terminology, the lack of standard clauses for standardisation requests and difficulties in ex ante oversight; underlines that this problem is even more significant where standards are relevant for more than one regulatory act; believes that a common approach or formalised agreement between the Commission and the co-legislators could be explored in order to streamline the preparation of standards and detailed conditions for technical specifications;
Amendment 121 #
2022/2058(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Considers that new rules should strengthen competition, reduce production and sales costs, and benefit of the entire economy and consumers. They should maintain and improve quality, provide information, and ensure interoperability and compatibility, thereby increasing safety and consumer value.
Amendment 151 #
2022/2058(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Supports funding of European standardization organizations for carrying out preliminary or ancillary activities in relation to European standardization which also include cooperation activities, including international ones, research and conformity assessment activities and measures aimed at ensuring that the processing and revision times for European standards or European standardization deliverables are reduced without prejudice to the founding principles, in particular the principles of openness, quality, transparency and consensus among all stakeholders;
Amendment 156 #
2022/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates its call for greater collaboration among EU institutions, the Joint Research Center (JRC), national governments and ESOs in order to develop training guidelines for policymakers and to create a standardisation culture;
Amendment 117 #
2022/0396(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product. However, in light of the disposal behaviour of consumers regardingefforts to establish appropriate recycling and composing streams, tea and coffee bags as well as coffee or tea system single-serve units, which in practice are disposed of together with the product residue leading to the contamination of compostable and recycling streams, those specific items should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41 . Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging. __________________ 41 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 158 #
2022/0396(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed, where relevant for a given shape, so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057 , should therefore be modified. While marketing and consumer acceptance remain relevant for packaging designpresentation, design and differentiation functionality, they should not be part ofthe main performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product or packaging specifications for craft and industrial products and food, beverages and agricultural products that are registered aund protected under the EU geographical indication protection schemeer or otherwise protected by the Union intellectual property law or EU geographical indication protection schemes, including third country geographical indication that have been given distinctive recognition by the Union, as part of the Union’s objective to protect Intellectual property rights, cultural heritage and traditional know-how. Traditional packaging associated with products that have been granted distinctive recognition or that are subject to geographical indication of origin protection shall, however, seek to reduce packaging weight to the smallest amount possible while protecting the shape of the packaging in accordance with the overall ambitions of this proposal. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. __________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 163 #
2022/0396(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to facilitate conformity assessment with requirements on packaging minimisation, it is necessary to provide presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and specify measurable design criteria, including where appropriate, maximum weight or empty space limits for specific packaging formats as well as by-default, standardised packaging designs that comply with the packaging minimisation requirement. Packaging design and minimisation should not compromise the requirements specified under EU rules on food contact materials and they should not affect the food safety of the products.
Amendment 164 #
2022/0396(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised without prejudice to Article 4(2) of Directive 2008/98/EC and where re-use does not pose risks to the quality of food and/or compromises food safety of the products. For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation. In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, including hygiene requirements. In light of the significant amount of water needed to implement a re-use system, especially for food and beverages and at industrial level, Member States should maintain a level of flexibility in adopting such provision. The Commission should produce a risk assessment of the implementation of reusable packaging vis-à-vis EU water management strategy and European water waste reduction targets.
Amendment 168 #
2022/0396(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. To this end, the European Commission and Member States shall provide the necessary tools and incentives, including economic ones, with special attention to micro and small enterprises
Amendment 188 #
2022/0396(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to safeguard the functioning of the internal market, it is necessary to ensure that packaging from third countries entering the Union market comply with this Regulation, whether imported as self-standing packaging or in a packaged product. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that packaging. Importers should therefore ensure that the packaging they place on the market comply with those requirements and that documentation drawn up by manufacturers are available for inspection by the competent national authorities. To comply with these obligations, adequate support should be provided to non-professional importers, especially to micro and SMEs.
Amendment 197 #
2022/0396(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) To incentivise waste prevention, a new concept of ‘refill’ should be introduced. Refill should be considered as a specific waste prevention measure that counts towards and is necessary for meeting of the re-use and refill targets. However, containers owned by the consumer, performing a packaging, kitchenware or tableware function in the context of refill, such as reusable cups, mugs, bottles or boxes are not packaging in the sense of this Regulation, even if they were originally marketed as food packaging.
Amendment 244 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘refill’ means an operation, considered as a packaging waste prevention measure, by which an end user fills its own container, which fulfils the packaging, kitchenware or tableware function, with a product or several products offered by the final distributor in the context of a commercial transaction;
Amendment 248 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 60 a (new)
Article 3 – paragraph 1 – point 60 a (new)
(60a) ‘packaging performing a kitchenware or tableware function’ means packaging originally intended to be used as food packaging and certified to perform kitchenware or tableware functions during its life. Such certifications should demonstrate certain design features, such as being washable and heat resistant.
Amendment 290 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point d a (new)
Article 6 – paragraph 6 – point d a (new)
(da) Specific provisions shall be approved for inert packaging placed on the market in very small quantities (i.e. around 0.1 % by weight) in the Union.
Amendment 338 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) it is capable of beingwhich can be emptied, unloaddischarged, refilled or reloaded, reloaded or reused as tableware or kitchenware, while ensuring compliance with the applicable safety and hygiene requirements;
Amendment 339 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) it is capable of being reconditioned in accordance with Part B of Annex VI, whilst maintaining its ability to perform its intended function; or, where originally designed for reuse as tableware or kitchenware, its economic advantage to consumers and their general perception of it are reflected in design features such as washability, repairability and durability, without any loss of product functionality.
Amendment 340 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point f
Article 10 – paragraph 1 – point f
(f) it can be emptied, unloaded, refilled or reloaded, reloaded or reused as tableware or kitchenware while maintaining the quality and safety of the packaged product and allowing for the attachment of labelling, and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf- life of the product;
Amendment 341 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point g
Article 10 – paragraph 1 – point g
(g) it can be emptied, unloaded, refilled or reloaded, reloaded or reused as tableware or kitchenware without risk to the health and safety of those responsible for doing so;
Amendment 376 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a unit ofplastic packaging covered by Article 7 is marked with a label containing information consumer relevant information on the share of recycled content, that label from post-consumer plastic waste, that label or a QR code or other type of digital data carrier shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).
Amendment 385 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging information should be conveyed to consumers via digital means of communication as QR code or they shall be affixed to the grouped packaging. Information must be provided through the outer packaging, as defined in Article 1, Point (24), of Directive 2001/83/EC, for all immediate packaging, as defined in Article 1, Point (23), of Directive 2001/83/EC. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding provision of information by digital means.
Amendment 391 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
The information referred to in paragraphs 1 through 3 may, as a derogation from paragraph 4, be provided by electronic means that are specified on the package or on a label that is attached to it. In such cases, the following requirements apply: a) no user data shall be collected or tracked; b) the information shall not be displayed with other information intended for sales or marketing purposes.
Amendment 527 #
2022/0396(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Economic operators who place reusable packaging on the market shall ensure that a system for re-use of such packaging is in place, which meets the requirements laid down in Article 24 and Annex VI, except where the packaging is reused as tableware or kitchenware.
Amendment 528 #
2022/0396(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. This obligation shall not apply to packaging intended for reuse as kitchenware or tableware.
Amendment 594 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. By way of derogation from the separate waste collection obligation in paragraph 3, certain types of packaging waste may be collected together - or together with other waste -where such collection does not affect their potential to undergo recycling operations and results in output from those operations which is of comparable quality to that achieved through separate collection. In particular, inert packaging marketed in very small quantities (i.e. approximately 0.1% by weight) in the European Union, and made from the same materials as waste disposed of in the construction waste stream, shall be disposed of together with construction and demolition waste.
Amendment 607 #
2022/0396(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, and following a process where objections raised by economic operators have been considered, the market surveillance authorities find that the packaging does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective measures, within a reasonable period prescribed by the market surveillance authorities which is commensurate with the nature and, where relevant the degree of the non-compliance, to bring the packaging in compliance with those requirements. The evaluation of market surveillance authorities shall be based on due process.
Amendment 609 #
2022/0396(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The economic operator shall ensure that all appropriate corrective measures is taken in respect of all the concerned packaging, following due process, that the economic operator has made availableplaced on the market throughout the Union.
Amendment 611 #
2022/0396(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where, having carried out an evaluation under Article 52, and following a process where objections raised by economic operators have been considered, a Member State finds that although packaging is in compliance with the applicable requirements set out in Articles 5 to 11, it presents a risk to the environment or human health, it shall without delay require the relevant economic operator to take all appropriate measures, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where relevant, the degree of risk, to ensure that the packaging concerned, when placed on the market, no longer presents that risk, to withdraw the packaging from the market or to recall it. The evaluation of market surveillance authorities shall be based on due process
Amendment 630 #
2022/0396(COD)
Proposal for a regulation
Annex V
Annex V
Amendment 64 #
2022/0358(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Short-term accommodation rental services offered by hosts have existed for many years as a complement to other accommodation services such as hotels, hostels, or bed and breakfasts. The volume of short-term accommodation rental services is increasing significantly across the Union as a result of the growth of the platform economy. While short-term accommodation rental services are a cornerstone of European tourism and continuously create many opportunities for guests, hosts and the entire tourism ecosystem, their rapid growth has also triggered concerns and challenges, in particular for local communities and public authorities. OWhile other issues related for example to restrictions to free movement of services or removal of illegal content are already addressed in Union law, namely in Directive 2006/123/EC or in Regulation (EU) 2022/2065, this Regulation sets a clear focus in one of the main challenges, which is the lack of reliable information about short-term accommodation rental services, such as the identity of the host, the location where those services are being offered, and their duration, making it difficult for authorities to assess the impact of short-term accommodation rental services and develop and enforce appropriate, targeted, and proportionate policy responses, which should be based on existing legislation, in order ensure a comprehensive approach.
Amendment 69 #
2022/0358(COD)
(2) Public authorities at national, regional and local level are increasingly taking measures to obtain information from hosts and online short-term rental platforms, by imposing registration schemes and other transparency requirements, including on online short- term rental platforms. However, legal obligations regarding data generation and data sharing diverge considerably within and between Member States as regards their scope and frequency, as well as in terms of related procedures. The large majority of online platforms intermediating the provision of short-term accommodation rental services provide their services across borders and indeed across the internal market. As a result of diverging transparency requirements, which impede consistent compliance for platform operators, the full realisation of short-term accommodation rental services potential is hampered, and the proper functioning of the internal market is negatively affected. In order to achieve more harmonised rules and requirements, and ensure a fair, unambiguous and transparent provision of short-term accommodation rental services as part of efforts to promote a balanced tourism ecosystem within the internal market, a uniform and targeted set of rules should be established at Union level.
Amendment 74 #
2022/0358(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Rules should be laid down to harmonise transparency requirements for the provision of short-term accommodation rental services through online short-term rental platforms in cases where Member States decide to impose such transparency requirements. Accordingly, harmonised rules should be provided for registration schemes and data-sharing requirements concerning online short-term rental platforms should Member States decide to put in place such schemes or requirements. To achieve effective harmonisation, and to ensure a uniform application of the rules, Member States will not be able to legislate on access to data from online short-term rental platforms outside the specific regime laid down in the present Regulation. That is in order to ensure that Member States do not regulate the requests in question without putting in place the necessary registration schemes, databases and single digital entry point and to facilitate proportionate, privacy-compliant and secure data sharing by online short-term rental platforms within the internal market. This Regulation does not affect Member States’ competence to adopt and maintain market access requirements relating to the provision of short-term accommodation rental services by hosts, including health and safety requirements, minimum quality standards or quantitative restrictions, provided that such requirements are necessary and proportionate to protect public interest objectives, in accordance with the provisions of the Treaty on the Functioning of the European Union and Directive 2006/123/EC of the European Parliament and of the Council25 . In this respect, the Court of Justice of the European Union has established that in specific circumstances, restrictive measures may be justified in certain cases by a public interest objective but must be proportionate to the objective pursue. Therefore, such measures can only be examined on a case-by-case basis and must always adhere to the principles of non-discrimination and proportionality as set out in Directive 2006/123/EC. The availability of reliable data on a uniform basis should support Member States’ efforts in developing policies and regulations that comply with Union law. In fact, as the case-law of the Court of Justice of the European Union made clear, Member States are required to justify possible market access restrictions for hosts on the basis of data and evidence. _________________ 25 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 81 #
2022/0358(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The rules laid down in this Regulation should apply to online platforms within the meaning of Article 3 point (i) of Regulation (EU) 2022/2065 of the European Parliament and the Council27 , which allow guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services. Therefore, webpages connecting hosts with guests without any further role in the conclusion of direct transactions should be excluded from the scope of this Regulation. Online platforms intermediating the provision of short-term accommodation rental services without payment (for example, online platforms intermediating the exchange of dwellings) are not covered by these rules, given that only short-term accommodation rental services provided against remuneration are covered, as laid out in the Directive 2006/123/EC. _________________ 27 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), (OJ L 277, 27.10.22, p. 1).
Amendment 86 #
2022/0358(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure that competent authorities obtain the information and data they need, without imposing disproportionate burdens on online platforms and hosts, it is necessary to lay out a common approach to registration procedures within Member States that is limited to basic information allowing the identification of the unit and the host. To that end, Member States should ensure that, upon the submission of all relevant information and documents, hosts and units are given a registration number. Hosts should be able to identify and authenticate themselves using electronic identification means issued under a notified electronic identity scheme pursuant to Regulation (EU) No 910/2014 of the European Parliament and of the Council28to complete those registration procedures. Member States should ensure that registration should be free of charge for the host. Hosts should be able to submit all required documents as part of the registration process in a digital format. _________________ 28 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 87 #
2022/0358(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) While ensuring an appropriate and proportionate legislative framework, in order to avoid further fragmentation of the single market and strengthen a harmonised approach on the subject, it is vital to guarantee that no disproportionate burdens are imposed on online platforms and hosts, as such players contribute significantly to the further development of the European tourism sector.
Amendment 91 #
2022/0358(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Where the information and documentation provided by hosts via the registration procedure is valid for a limited period of time, for example in the case of an identity document or a fire or other safety certificate, hosts should be able to update the information or documentation. Where a host fails to submit the updated information andor documentation and where the competent authority has made best efforts to contact the host to ensure that they are aware of the need to submit updated information or documentation, the competent authorities should have the power to suspend the validity of the registration number until the updated information or documentation has been submitted. The information and documentation submitted by the host should be retained for the entire period of validity of the registration number and for a maximum period of 1 year following the host’s request for removal of a unit from the registry, in order to allow competent authorities to perform any relevant checks even after the removal of the unit from the registry.
Amendment 97 #
2022/0358(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Where a registration procedure applies, hosts should be required to provide online short-term rental platforms with their registration numbers, display them in each respective unit listing and provide guests with the unit’s registration number. Members States should ensure that, where a registration procedure applies, national law enables competent authorities to order online short-term rental platforms to remove listings related to units offered without a registration number or offered with an invalid registration number. Platform operators must adhere to the compliance by design obligations and ensure, that hosts have the possibility to clearly identify, the unit offered for short- term accommodation rental services is located in an area where a registration procedure has been established or applies.
Amendment 100 #
2022/0358(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Article 31 of the Regulation (EU) 2022/2065 lays down certain due diligence requirements for providers of online platforms allowing consumers to conclude distance contracts with traders. Those requirements apply to online short-term rental platforms with respect to short-term accommodation rental services offered by hosts that qualify as traders. However, the short-term accommodation rental sector is characterised by the fact that hosts are often private individuals offering short- term accommodation rental services on an occasional peer-to-peer basis, who do not necessarily meet the conditions to be categorised as ‘traders’ under Union law. Therefore, in line with the concept and objective of ‘compliance by design’ under Article 31 of Regulation (EU) 2022/2065, and in order to enable competent authorities to verify whether applicable registration obligations are complied with, it is appropriate to apply specific conditions for compliance by design in the context of short-term accommodation rental services, including those offered by hosts that do not qualify as traders pursuant to Union law. Online short-term rental platforms should ensure that services are not offered where no registration number has been provided, in cases where a host declares that such a registration number applies. Furthermore, online short-term rental platforms should comply with Regulation (EU) 2022/2065 and make reasonable efforts to carry out random checks. This should not amount to an obligation for online short-term rental platforms to generally monitor the services offered by hosts through their platform, nor to a general fact-finding obligation aimed at assessing the accuracy of the registration number prior to the publication of the offer of short-term accommodation rental services.
Amendment 114 #
2022/0358(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) This Regulation ensures that hosts can self-declare whether a unit offered for short-term accommodation rental services is located in an area where a registration procedure has been established or applies. Therefore, platforms have to design their interfaces in a way to facilitate this self- declaration and to ensure that hosts have provided the relevant information prior to listing. Self-declaration is an important and proportionate tool. It ensures that hosts remain primarily responsible for compliance of their activity with local rules and for communicating the necessary information about their status under the relevant registration procedures to platforms, without requiring platforms to conduct burdensome and disproportionate ex-ante verification mechanisms for each host.
Amendment 116 #
2022/0358(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) A proportionate, limited and predictable framework at Union level is necessary for the transparent sharing of activity data and registration numbers, in compliance with the requirements of the Regulation (EU) 2016/679 of the European Parliament and of the Council31. To achieve this, Member States should list the competent authorities at national, regional and local level that have established or maintain a registration procedure to request activity data for units located on their territory. Such data should only be processed for purposes of monitoring compliance with registration procedures or implementing rules concerning access to and provision of short-term accommodation rental services. In the latter case, such processing should only be permitted if the rules in question are non- discriminatory, necessary andproportionate, and comply with Union law, including the rules on free movement of services, freedom of establishment, and the rules in Directive 2006/123. For purposes of complying with Union law on data protection, any rules concerning access to and provision of short-term accommodation rental services should set out the purpose of processing the data in accordance with the requirements of Regulation 2016/679. Activity data, not including personal data, is also essential for authorities that are developing such rules as part of efforts to promote a balanced tourism ecosystem, including effective and proportionate rules for the access to, and the provision of, short-term accommodation rental services. A retention period of maximum 1 year should allow competent authorities to ensure compliance with rules and regulations applicable to hosts or concerning units rented and for policy development. _________________ 31 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 125 #
2022/0358(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The Commission should periodically evaluate this Regulation and monitor its effects on the provision of short-term accommodation rental services offered through online short-term rental platforms in the Union. That evaluation should include any effects on providers of online short-term rental platforms and any effects of the increased availability of data on the content and proportionality and necessity of national, regional and local rules relating to the provision of short-term accommodation rental services and whether such rules comply with the principle of non-discrimination. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of Member States and relevant stakeholders.
Amendment 130 #
2022/0358(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The fundamental right to the protection of personal data is safeguarded in particular by Regulation (EU) 2016/679. That Regulation provides the basis for rules and requirements of personal data processing, including where datasets include a mix of personal and non-personal data and such data are inextricably linked. Any personal data processing under the present Regulation must comply with Regulation (EU) 2016/679. Therefore the data protection supervisory authorities are playing a key role in being responsible for the supervision of the processing of personal data carried out in the context of this Regulation.
Amendment 162 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) registration procedures are free of charge for the host and allow for the automatic and immediate issue of a registration number for a specific unit upon the submission by the host of the information referred to in Article 5(1) and, where appropriate, any supporting documentation required pursuant to Article 5(2);
Amendment 177 #
2022/0358(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article4a Member States shall ensure that hosts are able to submit all required documents as part of the registration process in a digital format.
Amendment 192 #
2022/0358(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States may require that the information submitted pursuant to paragraph 1 is accompanied by appropriate supporting documentation, which may be provided in digital format.
Amendment 198 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where a competent authority, after verification pursuant to paragraph 1, finds that the information or documentation submitted pursuant to Article 5(1) and 5(2) is incomplete or incorrect, that competent authority shall have the power to ask the host to rectify the information and documentation provided via the functionality referred to in Article 4(2), point (d), within a periodreasonable period of time to be specified by the competent authority.
Amendment 199 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where a host fails to rectify the requested information pursuant to paragraph 2 and where the competent authority has made best reasonable efforts to contact the host to ensure that they are aware of the need to rectify the requested information, the competent authority shall have the power to suspend the validity of the affected registration numbers and to issue an order requesting online short-term rental platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 204 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where a competent authority, after verification pursuant to paragraph 1, finds that there are manifest and serious doubts as regards the authenticity and validity of the information or documentation submitted pursuant to Article 5(1) and 5(2), it shall have the power to suspend the validity of the affected registration numbers and to issue an order requesting online short-term rental platforms to provide further information to verify the authenticity and validity of the affected registration number or to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 223 #
2022/0358(COD)
(a) design and organise their online interface in a way that requires hosts to self-declare in a simple and user-friendly manner whether the unit offered for short- term accommodation rental services is located in an area where a registration procedure has been established or applies;
Amendment 240 #
2022/0358(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Online short-term rental platforms shall inform without undue delay the competent authorities and the hosts of the results of the random checks referred to in paragraph 1, point (c), concerning incorrect declarations of hosts or invalid registration numbers.
Amendment 244 #
2022/0358(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Online short-term rental platforms shall not be obliged by the requirements pursuant to paragraph 1, to confirm the validity of the registration number provided by the host prior to the offering of the short-term accommodation rental services by the host.
Amendment 249 #
2022/0358(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. When a listing concerns a unit located in an area included in the list referred to in Article 13(1), point (b), providers of online short-term rental platforms shall collect and, on a monthly basis, transmit to the Single Digital Entry Point of the Member State where the unit is located, activity data per unit, together with the corresponding registration number as provided by the host and the URL of the listing. That transmission shall take place by machine-to-machine communication means.
Amendment 252 #
2022/0358(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, small or micro online short- term rental platforms and online short- term rental platforms that did not, in the previous quarter, reach a monthly average of 2 500 or more active hosts shall transmit the activity data per unit, together with the corresponding registration number and the URL of the listing, at the end of the quarter, by machine-to-machine communication means or manually, to the Single Digital Entry Point of the Member State where the unit is located.
Amendment 270 #
2022/0358(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) implementing rules governing the access to and the provision of short-term accommodation rental services, providedwith clear prerequisite that those rules are non- discriminatory, proportionate and comply with Union law.
Amendment 274 #
2022/0358(COD)
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. Competent authorities listed pursuant to paragraph 1 shall retain activity data in a secure and confidential manner as long as necessary for the purposes referred to in paragraph 2 and no longer than 1 year6 months after their receipt. Those competent authorities may, in accordance with the laws of the Member State, share activity data without any data that can identify individual units or hosts, including registration numbers and URLs, in particular with the following:
Amendment 295 #
2022/0358(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Coordination Group The Commission shall establish a Coordination Group to ensure coherence of rules in the application of this Regulation across the Union and that local, regional and national rules on short-term rental accommodation services are proportionate and non-discriminatory, in line with Directive 2006/123/EC. The Group shall include representatives from each Member State and shall involve relevant stakeholders as necessary. The Group shall meet at least twice per year.
Amendment 303 #
2022/0358(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. No later than 57 years after the date of application of this Regulation, the Commission shall evaluate this Regulation and submit a report on its main findings to the European Parliament, the Council and to the European Economic and Social Committee. This report shall be based on the evaluations submitted by national supervisory authorities pursuant to Article 14.
Amendment 305 #
2022/0358(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the impact of this Regulation on the obligations imposed on online short-term rental platforms, as questions of market access are not within the scope of this legislation;
Amendment 308 #
2022/0358(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) to the extent possible, the impact of this Regulation on the content and, proportionality and subsidiarity of national legislative, regulatory or administrative measures relating to access to and the provision of short-term accommodation rental services, including where such services are provided cross-border, without imposing additional burden to authorities, platform operators or hosts.
Amendment 313 #
2022/0358(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
It shall apply from [OP please insert date = 2436 months after the date of entry into force of this Regulation].
Amendment 176 #
2022/0278(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Single Market emergency instrument and repealamending Council Regulation No (EC) 2679/98 (Text with EEA relevance)
Amendment 967 #
2022/0278(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
Council Regulation (EC) 2679/98 is repealed with effect from [date]. amended as follows: 1. Whereas the Single Markey emergency mode has been activated pursuant to article 14 of Regulation xxx/2023 (Single Market Instrument Regulation), articles 3, 4 and 5 of this regulation shall cease to apply for the duration pof that mode. 2. The previous paragraph is without prejudice to any obligation resulting from a threat prior to the emergency mode being activated.
Amendment 36 #
2022/0219(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to control or restriction by a non-assoa use restriction by a non-associated third country or a non-associated third country entity. In urgent cases, this requirement should not apply if the procured products were in use prior to 24 February 2022 within the armed forces of at least one of the member states participating in the common procurement. Where the derogation applies, countries participated third country or a non-associated third country entitying in the common procurement should study the feasibility of replacing the components causing the restriction by restriction-free components from the Union or associated third countries and submit their findings to the Commission. The Commission should provide a non-confidential summary of all such findings in the report referred to in article 12 to help identify technological gaps in the European Defence Technological and Industrial Base .
Amendment 47 #
2022/0219(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Member States should appoint a procurement agent to conduct a common procurement on their behalf. The procurement agent should be a contracting authority established in a Member State or an associated third country, including Union bodies or international organisations, such as the Organisation Conjointe de Coopération en matière d'ARmement (OCCAR) or the NATO Support and Procurement Agency (NSPA).
Amendment 52 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the actions shall involve cooperation between eligible entities as referred to in Article 9 for common procurement of the most urgent and critical defence products between eligible entities implementing the objectives referred to in Article 3;
Amendment 61 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Third countries that are candidates for accession to the European Union may also be associated to the eligible actions under paragraph 1 of this article, provided that the Member States participating in the common procurement unanimously agree to it.
Amendment 67 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the countries participating Member Statesin the common procurement.
Amendment 70 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The procurement procedures referred to in paragraph 1 shall be based on an agreement to be signed by the participating Member States with the procurement agent under the conditions set out in the work programme referred to in Article 11. The member states participating in the agreement may unanimously authorise the procurement agent to invite and enter into an agreement with third countries that are candidates for accession to the European Union to procure additional quantities of the procured product.
Amendment 75 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union. They shall not be subject to control by a non- associated third country or by a non- associated third country entity or have undergone a screening within the meaning of Regulation (EU) 2019/452 and where necessary, have taken mitigation measures.
Amendment 82 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement only if it provides guarantees verified and approved by the Member State or associated third country in which the contractor or subcontractor is established.
Amendment 83 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 7 – introductory part
Article 8 – paragraph 7 – introductory part
7. The guarantees shall be based on a standardised template adopted by the Commission by means of an implementing act in accordance with Article 14 by [1 month after entry into force of this regulation]. The guarantees and the template shall be part of the tender specification. The guarantees shall in particular substantiate that, for the purposes of the common procurement, measures are in place to ensure that:
Amendment 91 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity. that limits member states' ability to use the defence product. By way of derogation from the previous sentence, in urgent cases, the requirement shall not apply if the procured products were already in use prior to 24 February 2022 within the armed forces of at least one member state participating in the common procurement. Where the derogation applies, countries participating in the common procurement shall study the feasibility of replacing the components causing the restriction by restriction-free components from the Union or associated third countries, and submit their findings to the Commission. The Commission shall provide a non- confidential summary of all such findings in the report referred to in article 12.
Amendment 103 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 10 – point a
Article 8 – paragraph 10 – point a
Amendment 105 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 10 – point b
Article 8 – paragraph 10 – point b
(b) other subcontractorentities to which at least 10 % of the work sharper cent of the contract value is allocated;
Amendment 109 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10 a. The cost of components originating in non-associated third countries shall not exceed 30 per cent of the value of the procured end product.
Amendment 117 #
2022/0219(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) procurement agents referred to in Article 2(5)
Amendment 129 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 4
Article 10 – paragraph 1 – point 4
4. the number of Member States or associated countries or third countries that are candidates for accession to the European Union participating in the common procurement;
Amendment 138 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
Article 10 – paragraph 1 – point 7 a (new)
7 a. the participation of SMEs as contractors or subcontractors;
Amendment 24 #
2022/0068(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Pursuant to the statement in the minutes of the European Council meeting of 25 November 2018, any future agreement between the EU and the United Kingdom concerning Gibraltar will require the prior agreement of the Kingdom of Spain. Given Gibraltar's particular geographical situation, its status under international law, its specific characteristics and its special relationship with Spain, measures adopted by the EU under this Regulation which affect the territory of Gibraltar or any agreement concluded between the EU and the United Kingdom concerning that territory should also require the prior consent of the Kingdom of Spain.
Amendment 62 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 7 a (new)
Article 2 – paragraph 7 a (new)
7a. Where they concern the territory of Gibraltar or any agreement between the EU and the United Kingdom relating to that territory, the adoption of measures pursuant to paragraph 1 of this Article shall require the prior consent of the Kingdom of Spain.
Amendment 8 #
2021/2046(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
Amendment 40 #
2021/2046(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the decarbonisation of transport will reduce the Union’s dependence on imports of fossil fuels and, strengthen Europe’s energy security, improve air quality and protect public health;
Amendment 146 #
2021/2046(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Member States to support the sustainable and smart mobility transformation through the Next Generation EU recovery package; emphasises the need to support more efficient, sustainable and people-oriented modes of transport in each case;
Amendment 241 #
2021/2046(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that zero-emission fuels, such as-free transport options, such as electrification, clean hydrogen and synthetic fuels, should be used in accordance with the ‘energy efficiency first’ principle, mainly for those transport modes where direct electrification is not possible or not yet market-readylevel of technological development, bearing in mind that these are complementary options in terms of the overall management of the energy system; calls on the Commission to apply the principle of technological neutrality so that all these technologies can be developed in line with the specific needs and preferences of the public;
Amendment 353 #
2021/2046(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Commission’s idea to offer consumers carbon-neutral choices for scheduled collective travel by 2030, but; underlines that thesis objective cannot be achoices should be available for journeys up to 1 000 kmieved at the expense of alternative solutions for sustainable collective transport, such as coaches, for which zero-emission technologies are not available; notes that certain modes of transport are needed, due to their efficiency and capillarity, in order to maintain economic, social and territorial cohesion in more rural, depopulated and mountainous areas;
Amendment 407 #
2021/2046(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to significantly increase their efforts to increase the share of sustainable mobility solutions, such as collective public transport, walking and cycling, in urban and rural areas; stresses the need to ensure that sustainable and accessible means of transport are available to persons with disabilities;
Amendment 425 #
2021/2046(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to recognise collective public transport as the backbone of sustainable mobility when reviewing the Urban Mobility Package and to ensure sufficient support for the expansion of collective public transport, including funding;
Amendment 441 #
2021/2046(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to propose mobility solutions that include the first and the last mile, thereby integrating the use of sustainable public transport and private mobility solutions; calls for the specific needs of island, outermost, rural and hard-to-reach areas to be taken into account when adapting infrastructure to allow the recharging of vehicles with renewable energy; stresses the importance of the energy transition reaching everywhere to ensure a just transition;
Amendment 453 #
2021/2046(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to propose mobility solutions that include the first and the last mile, thereby integrating the use of sustainable and accessible public transport and private mobility solutions;
Amendment 475 #
2021/2046(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomesPoints out that, despite the Commission’s continued support to shift freight transport towards rail and inland waterways; regrets the fact that, despite these efforts, the share of road freight transport has increased in recent years, the share of road freight transport has increased; notes that road transport has advantages, such as capillarity and flexibility, which are complementary to those of rail transport; considers that continued investment is needed in the development of rail corridors, while at the same time encouraging technological options for emission-free road transport;
Amendment 533 #
2021/2046(INI)
15. WelcomNotes the inclusion of the maritime sector in the EU emissions trading system (ETS) and the planned reduction of allowances allocated for free to the aviation sector; calls on the Commission to take account of the problems faced by smaller vessels in adapting to the ETS and the delicate situation of the aviation sector as a result of the restrictions on mobility caused by the pandemic;
Amendment 561 #
2021/2046(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Insists onSupports the phasing-out of direct and indirect fossil fuel subsidies by 2022 in the Union and in each Member Statewithin reasonable time-frames that take account of alternative technologies available in the various sectors, and considers the revision of the Energy Taxation Directive as the best possibilityoption to achieve a stable and predictable carbon price in certain sectors;
Amendment 623 #
2021/2046(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights that all means of digitalisation should be used to decrease greenhouse gas emissions and increase transport safety; believes that it is of vital importance to ensure that every step of digitalisation contributes to a lowerimproved overall transport volumeefficiency;
Amendment 679 #
2021/2046(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Believes that transport is the backbone of a well-functioning internal market and is of utmost importance for European socioeconomic and territorial cohesion; emphasises the key role that this sector has played at the most difficult moments of the pandemic to ensure supplies of the most basic items, including medical products, and considers that cross-border transport infrastructure should be reinforced to improve the resilience of the internal market and guarantee free movement in future crises;
Amendment 1391 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point b
Article 44 – paragraph 1 – point b
(b) make possible the decarbonisation of all transport modes by stimulating energy efficiency, introduce zero and low emission solutions, including hydrogen and electricity supply systems, as well as other new solutions such as sustainable fuels, and provide corresponding infrastructure. Such infrastructure may include grid access, wireless or inductive units without any connector and other facilities necessary for the energy supply, may take account of the infrastructure-vehicle interface and may encompass ICT systems for transport. Transport infrastructure may serve as energy hub to serve different transport modes;
Amendment 1397 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point e
Article 44 – paragraph 1 – point e
(e) improve the operation, management, accessibility, interoperability, multimodality and efficiency of the network, including through the development of multimodal digital mobility services and the development of infrastructure that allows for seamless multimodality, such as high-speed rail and, city train/tram and metro connection at airports;
Amendment 1678 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23
Annex 1 – part 16/23
Add the following to the core network: - El Ferrol - A Coruña (rail freight / ≥ 200 km/h.) - El Ferrol - Lugo - Monforte (rail freight / ≥ 200 km/h.)
Amendment 1680 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23
Annex 1 – part 16/23
Add the following to the core network: - Zaragoza-Tardienta (freight rail)
Amendment 1682 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23
Annex 1 – part 16/23
Add the following to the core network: - Zaragoza-Lleida-Tarragona (freight/conventional)
Amendment 1686 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23
Annex 1 – part 16/23
Add the following to the core network: - Santiago – Vigo – Orense (rail freight / ≥ 200 km/h / New Constr.)
Amendment 1688 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 17/23
Annex 1 – part 17/23
Add the following to the core network: - Orense- Santiago (passenger rail/ ≥ 200 km/h)
Amendment 1689 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23 and part 17/23
Annex 1 – part 16/23 and part 17/23
Add the following to the core network: - Santiago – Vigo (rail freight / ≥ 200 km/h) - Port of Bahía de Cádiz
Amendment 1690 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23 and part 17/23
Annex 1 – part 16/23 and part 17/23
Add the following to the comprehensive network: - Astorga – Zamora – Salamanca – Plasencia (passenger and freight rail / Conventional/New Constr.)
Amendment 1692 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23 and part 17/23
Annex 1 – part 16/23 and part 17/23
Add the following to the comprehensive network: - Granada – Motril (passenger and freight rail / Conventional / New Constr.)
Amendment 1701 #
2021/0420(COD)
Add the following to the core network: - Medina del Campo – Salamanca – Fuentes de Oñoro (passenger rail / ≥ 200 km/h) - Madrid – Adanero – Tordesillas – Benavente – Ponferrada – Lugo – A Coruña (Road) - Astorga – León – Carrión de los Condes – Burgos (Road) - Port of Bahía de Cádiz - Vigo - Porto (passenger rail/ ≥ 200 km/h)
Amendment 1702 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 17/23
Annex 1 – part 17/23
Add the following to the core network: - Vigo - Porto (passenger rail/ ≥ 200 km/h)
Amendment 1703 #
2021/0420(COD)
Add the following to the extended core network: - Sevilla – Huelva – Faro (passenger rail / ≥ 200 km/h / New Constr.) - Córdoba - Jaén – Granada (Conventional) - Madrid – Alcázar de San Juan – Jaén (Conventional) - Bilbao – Santander (passenger and freight rail / ≥ 200 km/h / New Constr.)
Amendment 1704 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 17/23
Annex 1 – part 17/23
Add the following to the comprehensive network: - Astorga – Zamora – Salamanca – Plasencia (rail freight / Conventional) - Aguilar de Campoo – Venta de Baños (Road) - Plasencia – Navalmoral de la Mata (Road) - Almería – Guadix (Road) - Cuenca – Tarancón – Ocaña (Road) - Soria – Aranda de Duero – Valladolid (Road)
Amendment 1705 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 17/23
Annex 1 – part 17/23
Add the following to the core network: - Utrera- Granada- Almería (passenger and freight rail/ ≥ 200 km/h)
Amendment 1740 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Algeciras Rail road terminals: Core (San Roque)
Amendment 1742 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Cádiz Maritime port: Comprehensivre (Bahía de Cádiz)
Amendment 1743 #
2021/0420(COD)
Node name: Castellón Maritime port: Comprehensivre
Amendment 1745 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Ferrol Maritime port: Comprehensivre
Amendment 1747 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Gandía Maritime port: Comprehensive
Amendment 1749 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Pontevedra (Puerto de Marín- Ría) Maritime port: Comprehensivere Rail road terminals: Básica (San Roque)
Amendment 1750 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Santander Maritime port: Comprehensivre
Amendment 1752 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Vigo Maritime port: Comprehensivre
Amendment 1754 #
2021/0420(COD)
Node name: Vilagarcía de Arousa Maritime port: Comprehensive
Amendment 1789 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - part 2/14
Annex 3 - part 2/14
Add the following to the Atlantic Corridor: - Madrid – Adanero – Tordesillas – Benavente – Ponferrada – Lugo – A Coruña (Road) - Astorga – León – Carrión de los Condes – Burgos (Road) - A Coruña – Gijón – Santander - Bilbao (Road) - Santiago – Vigo (Rail freight) - Bilbao – Santander (Rail passengers) - Port of Bahía de Cádiz - Sevilla – Huelva – Faro (Rail passengers)
Amendment 1810 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - part 10/14
Annex 3 - part 10/14
Add the following to the Mediterranean Corridor: - Maintain the route of the Mediterranean Corridor, including across Hungary
Amendment 1813 #
2021/0420(COD)
Add the following to the Mediterranean Corridor: - Córdoba - Jaén – Granada (Rail passengers) - Madrid – Alcázar de San Juan – Jaén (Rail passengers)
Amendment 209 #
2021/0381(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) Given the importance of political advertising, it is essential that this Regulation ensures a regulatory framework which ensures full, equal and unrestricted access to political advertising and its required transparency information for all recipients of services, including persons with disabilities. Therefore, it is important that accessibility requirements for providers of political advertising services are consistent with existing Union law, such as the European Accessibility Act and the Web Accessibility Directive and that Union law is further developed, so that no one is left behind as result of digital innovation.
Amendment 269 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised transparency obligations for sponsors, providers of political advertising and related services, including publishers, to retain, disclose and publish information connected to the provision of such services;
Amendment 277 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to paid political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 289 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point i
Article 1 – paragraph 4 – point i
Amendment 305 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. It shall not include content, such as political views, as expressed under the responsibility of an editorial service provider via audiovisual media, including linear or non-linear broadcasts, or as published in printed or online media, unless it is meant as a political advertisement for which the service provider has been remunerated by a third party.
Amendment 330 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘sponsor’ means the natural or legal person, citizen of the Union or legally established in its territory, responsible for a political advertisement or on whose behalf a political advertisement is prepared, placed, published or disseminated;
Amendment 355 #
2021/0381(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The provisions of political advertising services shall not be prohibited nor restricted, including geographically, on grounds related to transparency when the requirements of this Regulation are complied with.
Amendment 356 #
2021/0381(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Cross border Political Advertising 1. The provision of political advertising services within the internal market may not be restricted solely on basis of the place of establishment of the sponsor. 2. The provision of cross border political advertising services to European Political Parties, can only be restricted by national law or European legislation other than this regulation.
Amendment 360 #
2021/0381(COD)
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3 b Non-discrimination 1. Political advertising publishers or providers of political advertising services shall not discriminate sponsors legally established in the European Union on grounds of their place of residence or, where applicable, establishment, when those actors request, conclude or hold a contract for political advertising within the Union. 2. Refusal to provide services in a Member State where political advertising publisher or providers of political advertising services do not conduct business shall not be considered discrimination.
Amendment 367 #
2021/0381(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Providers of advertising services, including publishers, shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration and are responsible for its accuracy.
Amendment 371 #
2021/0381(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Political advertising publishers shall make best efforts to verify the authenticity of the declaration referred to in para 1 before disseminating the political advertising.
Amendment 372 #
2021/0381(COD)
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1 b. Political advertising publishers shall make best efforts to verify the authenticity of the declaration referred to in para 1 before disseminating the political advertising.
Amendment 389 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) where applicable, the identity of the sponsor and its contact details.
Amendment 393 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may be.
Amendment 395 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. PSponsors or providers of political advertising services acting on behalf of a sponsor shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible.
Amendment 404 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
Amendment 421 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(b a) where applicable the reach of the political message;
Amendment 422 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources;
Amendment 439 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they. Where Political advertising publishers find this is not the case, before and during its dissemination, they shall contact sponsors to provide the relevant information, within a reasonable time period. Should the Sponsor or the Service provider acting on its behalf not react following the previous sub para, the Publisher shall not make available the political advertisement or shall take it down if already disseminated.
Amendment 452 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Sponsors or providers of political advertising services acting on behalf of a sponsor shall guarantee the accuracy of the information referred to in paragraph 2, before, during and after its publication. They shall also ensure timely transmission to Political Advertising publishers of such information.
Amendment 454 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4 b. Publishers shall guarantee before the dissemination of the political advertising the accuracy of the information referred to in paragraph 2 (a).
Amendment 455 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 4 c (new)
Article 7 – paragraph 4 c (new)
4 c. Online intermediaries in the sense of Regulation (EU) 2021/xxx [the DSA] shall make publicly available the procedure for identity verification of political sponsors. It shall not take longer than 2 working days and must not require more than the strictly necessary for such verification.
Amendment 463 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. Political advertising publishers which offer services in the Union shall ensure that they design and provide services in accordance with accessibility requirements. They shall prepare the necessary information in accordance with Annex V of Directive (EU)2019/882 and shall explain how the services meet the applicable accessibility requirements. The information shall be made available to the public in an accessible manner for persons with disabilities. Political advertising publishers shall keep that information for as long as the service is in operation.
Amendment 474 #
2021/0381(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a The Commission shall, by means of delegated acts, adopt technical specifications for the implementation of the transparency notice referred in paragraphs 1 and 2 adapted for the audiovisual sector, printed media and offline advertising before 2024.
Amendment 479 #
2021/0381(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where they provide political advertising services are provided, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 484 #
2021/0381(COD)
2 a. Providers of political advertising services shall, in accordance with national law, regularly report on the amounts or the value of other benefits received in part or full exchange for those services to the national competent authorities responsible for the auditing or supervision of political actors.
Amendment 485 #
2021/0381(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Indicating possibly unlawful political advertisements in printed media and offline
Amendment 486 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 491 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Where political advertising services are provided, the sponsor shall put mechanisms in place to allow any individual or entity to notify them that a particular advertisement which they have published does not comply with this Regulation. Those mechanisms shall be easy to access, user-friendly, free of charge and allow for the submission of notices exclusively by electronic means.
Amendment 493 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 496 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. The mechanisms referred to in paragraph 1shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices.To that end, advertising publishers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements: (a) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the advertisement in question does not comply with this regulation; b) information enabling the identification of the political advertisement; (c) the name and an electronic mail address of the individual or entity submitting the notice; (d) a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
Amendment 498 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 505 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Where the notice contains an electronic contact information of the individual or entity that submitted it, publishers shall, without undue delay: (a) send a confirmation of receipt of the notice to that individual or entity. (b) inform that individual or entity of its decision.
Amendment 507 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 509 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Publishers shall process any notices that they receive under the mechanisms referred to in paragraph 1 and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notifications referred to in paragraph 3.
Amendment 512 #
2021/0381(COD)
4 b. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively, including by reference to an announcement on the website of the political advertising publisher concerned.
Amendment 514 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 4 c (new)
Article 9 – paragraph 4 c (new)
4 c. The Commission shall, by means of delegated acts, adopt technical specifications, adapted to the printed media sector and another for offline advertising, for the mechanism referred to in paragraph 1.
Amendment 515 #
2021/0381(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 516 #
2021/0381(COD)
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Amendment 517 #
2021/0381(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Competent national authorities shall have the power to request that a provider of political advertising services and publishers transmits the information referred to in Articles 6, 7 and 8. The transmitted information must be complete, accurate and trustworthy,correspond to the information retained pursuant to article 6 and provided in a clear, coherent, consolidated and intelligible format. Where technically possible, the information shall be transmitted in a machine readable format.
Amendment 533 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(d a) journalists accredited in a Member State by national, European or international bodies.
Amendment 534 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 558 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. When using targeting or amplification techniques in the context of political advertising involving the processing of personal data, controllline publishers shall, in addition to the requirements laid down in Regulation (EU) 2016/679 and, Regulation (EU) 2018/1725 and Regulation (EU)2021/xxx [DSA], as applicable, comply with the following requirements:
Amendment 562 #
2021/0381(COD)
5. Political advertising publishers making use of targeting or amplification techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article 7 a reference to effective means to support individuals exercise their rights under Regulation (EU) 2016/679. The transparency notice shall visibly link to an easily accessible interface in which users can give or refuse their consent, to opt-out from being subject to targeting and amplification techniques as specified in paragraph 1.
Amendment 577 #
2021/0381(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. It shall be possible for the designated legal representative to be held liable for non-compliance with obligations under this Regulation, without prejudice to the liability and legal actions that could be initiated against the service provider.
Amendment 578 #
2021/0381(COD)
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2 b. Service providers shall provide the legal representative with necessary powers and sufficient resources to guarantee its efficient and timely cooperation with the Member States’ relevant competent authorities and, where relevant, the Commission.
Amendment 580 #
2021/0381(COD)
Proposal for a regulation
Article 14 – paragraph 2 c (new)
Article 14 – paragraph 2 c (new)
2 c. Service providers shall notify the name, postal address, email address and telephone number of their legal representative to the National Coordinator in the Member State where that legal representative resides or is established. They shall ensure that that information is publicly available, easily accessible, accurate and kept up to date.
Amendment 581 #
2021/0381(COD)
Proposal for a regulation
Article 14 – paragraph 2 d (new)
Article 14 – paragraph 2 d (new)
2 d. The designation of a legal representative within the Union pursuant to paragraph 1 shall not constitute an establishment in the Union.
Amendment 583 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall designate competent authoritiesThe Digital Services coordinator referred to in article 38 of Regulation (EU) 2021/xxx[DSA] shall be competent to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article 38 of Regulation (EU) 2021/xxx in each Member State shallDigital Services Coordinator shall also be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act]. Article 45(1) to (4) and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 588 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. The European Commission shall have exclusive competence to monitor the compliance of very large online platforms and very large search engines within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in this Regulation.
Amendment 589 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. Article 44a, Article 44b, 45(1) to (4), Article 45a, and Article 46(1) of Regulation(EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 590 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 2 c (new)
Article 15 – paragraph 2 c (new)
2 c. The supervisory authorities referred to in Article 30 of Directive (EU) 2010/13/EU shall be competent to monitor the compliance of media service providers within the meaning of Directive (EU) 2010/13/EU (AVMSD).
Amendment 593 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1, 2 and 2c. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.
Amendment 597 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Competent authorities referred to in the previous paragraph 3s, where exercising their supervisory tasks in relation to this Regulation, shall have, at least, the power to request to access data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks.
Amendment 599 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
Article 15 – paragraph 5 – introductory part
5. Competent authorities referred to in previous paragraph 3,s where exercising their enforcement powers in relation to this Regulation, shall have the power to:
Amendment 609 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 612 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
Amendment 621 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point a
Article 15 – paragraph 8 – point a
(a) the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact pointnational coordinators referred to in paragraph 7ticle 15a, inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up;
Amendment 624 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point b
Article 15 – paragraph 8 – point b
(b) a competent authority may request, via the contact pointnational coordinators referred to in paragraph 7ticle 15a, in a substantiated, justified and proportionate manner, another competent authority, where it is better placed, to take the supervisory or enforcement measures referred to in paragraphs 4 and 5; and
Amendment 628 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point c
Article 15 – paragraph 8 – point c
(c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact pointnational coordinators referred to in paragraph 7ticle 15a and within a timeframe proportionate to the urgency of the request provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested.
Amendment 630 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
Amendment 635 #
2021/0381(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a National coordinator 1. Each Member State shall designate a national coordinator for the purposes of this Regulation. The national coordinator shall carry out the following tasks: (a) act as national contact point for the Commission for all matters relating to the implementation of this Regulation; (b) ensure cooperation among competent authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcement tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. 2. National Coordinators shall meet periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
Amendment 645 #
2021/0381(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point e a (new)
Article 16 – paragraph 3 – point e a (new)
(e a) the size and economic capacity of the political advertising service provider.
Amendment 656 #
2021/0381(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Within two years after each election to the European Parliament and for the first time by 31 December 20265 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public.
Amendment 141 #
2021/0223(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Regulation (EU) 2019/631 of the European Parliament and of the Council46 and Regulation (EU) 2019/1242 of the European Parliament and of the Council47 already set CO2 emission performance standards for new passenger cars and for new light commercial vehicles as well as for certain heavy-duty vehicles. Those instruments should accelerate the uptake in particular of zero-emission vehicles and alternative fuels and thereby create demand for recharging and refuelling infrastructure. _________________ 46 Regulation (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). 47 Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC (OJ L 198, 25.7.2019, p. 202).
Amendment 150 #
2021/0223(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Therefore aAll modes of transport should be addressed in one instrument which should take into account athe variety of alternative fuels, the development of their market share and particularly their affordability. The use of zero-emission powertrain technologies and climate-neutral alternative fuels is at different stages of maturity in the different modes of transport and in the different Member States and regions. In particular, in the road sector, a rapid uptake of battery-electric and plug-in hybrid personal and light-duty commercial vehicles is taking place. Hydrogen fuel-cell road vehicles are available to markets, as well, however at high prices for vehicles and fuels. In addition, smaller hydrogen and battery electric vessels and hydrogen fuel-cell trains are currently being deployed in different projects and in first commercial operations, with full commercial roll out expected in the next years. In contrast, the aviation and waterborne sectors, as well as heavy-duty road transport, continue to be dependent on liquid and gaseous fuels, as zero- and low-emission powertrain solutions are expected to enter the market only around 2030 and in particular for the aviation sector even later, with full commercialisation taking its time. The use of fossil gaseous or liquid fuels is only possible if it is clearly embedded into a clear decarbonisation pathway that is in line with the long-term objective of climate neutrality in the Union, requiring increasing blending with or replacement by renewable fuels such as bio-methane, advanced biofuelsgaseous or liquid bio-methane, biomass fuels, biofuels, advanced biofuels, recycled carbonfuels, renewable fuels of non-biological origin or renewable and low- carbon synthetic gaseous and liquid fuels.
Amendment 156 #
2021/0223(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Therefore, the general principle of technological neutrality should be maintained and market competition between the different alternative technologies should be promoted and protected at Union and national levels, thus providing for the best technological solutions and affordable prices. Targets and milestones should be set at Union and national levels, depending on the market development of different technologies, while the net-zero ambition should always be the guiding principle.
Amendment 159 #
2021/0223(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) SuchBiofuels, advanced biofuels and synthetic fuels, substituting diesel, petrol and jet fuel, can be produced from different feedstock and can be blended into fossil fuels at very high blending ratios. They can be technically used with the current vehicle technology with minor or no adaptations. Renewable and bio-LNG can be used for heavy-duty transport, both road and maritime, as demonstrated by the fact that already 20% of gas used in road transport is bio-methane. Renewable methanol can also be used for inland navigation and short-sea shipping. Synthetic and paraffinic fuels have a potential to reduce the use of fossil fuel sources in the energy supply to transport. All of these fuels can be distributed, stored and used with the existing infrastructure or where necessary with infrastructure of the same kind.
Amendment 166 #
2021/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) LNG is likely to play a continued role in maritime transport, where there is currently no economically viable zero- emission powertrain technology available. The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030. Fleet conversion, a tendency, which should be promoted, duly monitored and reported. Fleet conversion, based on relevant, affordable and viable new technologies, should take place gradually due to the long lifetime of the ships. Contrary to maritime transport, fFor inland waterways, with normally smaller vessels and shorter distances, low- and zero-emission powertrain technologies, such as hydrogen and, electricity, sh and other alternative fuels, could enter the markets more quickly. LNG is, LPG and their renewable derivatives are, however expected to no longer play a significant role in that sectorand the competitive development of the market in this sector is still ongoing. Transport fuels such as LNG need increasingly to be decarbonised by blending/substituting with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e- gas) for instance. Those decarbonised fuels can be used in the same infrastructure as gaseous fossil fuels thereby allowing for a gradual shift towards decarbonised fuels.
Amendment 173 #
2021/0223(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the heavy-duty road transport sector, LNG trucks are fully mature and can run on a high blend of bio-LNG. On the one hand, the common scenarios underpinning the Sustainable and Smart Mobility Strategy and the Climate Target Plan as well as the revised “Fit for 55” modelling scenarios suggest some limited role of gaseous fuels that will increasingly be decarbonised in heavy-duty road transport especially in the long haul segment. Furthermore, LPG and CNG vehicles for which already a sufficientsome infrastructure network exists across the Union are expected to gradually be replaced by zero emission drivetrains and therefore only a limitedclimate-neutral alternative fuels, despite this not being an existing market tendency yet. Therefore a targeted policy for LNG infrastructure deployment that can equally supply decarbonised fuels is considered necessary to close remaining gaps in the main networks. As the market for decarbonised heavy-duty vehicles is still developing, a variety of alternative technologies should be incentivised, including via infrastructure planning and adaptation, while taking into account market shares and traffic data.
Amendment 183 #
2021/0223(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The deployment of publicly accessible recharging infrastructure for light-duty electric vehicles has been uneven across the Union. Continued uneven distribution would jeopardize the uptake of such vehicles, limiting connectivity across the Union. Continuing divergence in policy ambitions and approaches at national level will not create the long-term certainty needed for substantive market investment. Mandatory minimum targets for Member States at national level should therefore provide policy orientations and complement National Policy Frameworks. That approach should combine national fleet based targets with distance-based targets for the trans-European network for transport (TEN-T). National fleet based targets should ensure that vehicle uptake in each Member State is matched with the deployment of sufficient publicly accessible recharging infrastructure. A special attention and higher fleet based targets for centres of relatively higher population density and higher electric vehicles market-share is also needed. Distance-based targets for the TEN-T network should ensure full coverage of electric recharging points along the Union’s main road networks and thereby ensure easy and seamless travel throughout the Union.
Amendment 189 #
2021/0223(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) National fleet based targets should be established on the basis of the total number of registered electric vehicles in that Member State following a common methodology that accounts for technological developments such as the increased driving range of electric vehicles or the increasing market penetration of fast-charging points which can recharge a greater number of vehicles per recharging point than at a normal recharging point. The methodology also has to take into account the different recharging patterns of battery electric and plug-in hybrid vehicles, as well as population and market shares of electric vehicles. A methodology that norms national fleet based targets on the total maximum power output of the publicly accessible recharging infrastructure should allow flexibility for the implementation of different recharging technologies in Member States.
Amendment 199 #
2021/0223(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The deployment of publicly accessible recharging infrastructure should primarily result from private market investment. However, Member States should support infrastructure deployment through initial public investments, in cases where market conditions require public support, provided it is in full compliance with State aid rules, until a competitive market has been established.
Amendment 206 #
2021/0223(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Electric heavy-duty vehicles need a distinctively different recharging infrastructure than light-duty vehicles. Public accessible infrastructure for electric heavy-duty vehicles is however currently almost nowhere available in the Union. A combined approach of distance-based targets along the TEN-T network, targets for overnight recharging infrastructure and targets at urban nodes should ensure that a sufficient publicly accessible infrastructure coverage for electric heavy-duty vehicles is established throughout the Union to support the expected market uptakeproactively support the market share development of battery electric heavy-duty vehicles.
Amendment 207 #
2021/0223(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) Therefore, an initial public investment in infrastructure for electric heavy-duty vehicle is needed, whereas any further infrastructure development beyond the Alternative Fuels Infrastructure Regulation should be conditional to their Union-wide, national and regional market share development and relevant traffic data.
Amendment 208 #
2021/0223(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) A sufficient number of publicly accessible fast recharging points dedicated to heavy-duty vehicles should also be deployed along the TEN-T network to ensure full connectivity throughout the Union. That infrastructure should have sufficient power output to allow the recharge of the vehicle within the driver’s legal break time. In addition to fast recharging points along the network, heavy-duty vehicles should also be able to use publicly accessible recharging infrastructure for overnight recharging along the main transport network to specifically support the electrification of the long haul sector.
Amendment 217 #
2021/0223(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Publicly accessible recharging or refuelling points include, for example, privately owned recharging or refuelling points accessible to the public that are located on public or private properties, such as public parkings or parkings of supermarkets. A recharging or refuelling point located on a private property that is accessible to the general public should be considered as publicly accessible also in cases where access is restricted to a certain general group of users, for example to clientsif the access is unlimited and unconditional. Recharging or refuelling points for car- sharing schemes should only be considered accessible to the public if they explicitly allow access for third party users. Recharging or refuelling points located on private properties, access to which is restricted to a limited, determinate circle of persons, such as parking lots in office buildings to which only employees or authorised persons have access, should not be considered as publicly accessible recharging or refuelling points.
Amendment 259 #
2021/0223(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) At the early stage of market deployment there is still a degree of uncertainty with regard to the kind of vehicles that will come into the market and to the kind of technologies that are going to be widely used. As outlined in the Commission’s communication ‘A hydrogen strategy for a climate-neutral Europe’56 the heavy-duty segment was identified as the most likely segment for the early mass deployment of hydrogen vehicles. Therefore, hydrogen refuelling infrastructure should preliminarily focus on that segment while also allowing light-duty vehicles to fuel at publicly accessible hydrogen refuelling stations. To ensure interoperability, all publicly accessible hydrogen stations should at least serve gaseous hydrogen at 700 bar. The infrastructure roll out should also take into account the emergence of new technologies, such as liquid hydrogen, that allow a larger range for heavy-duty vehicles and are the preferred technology choice of some vehicle manufacturers. To that end, a minimum number of hydrogen refuelling stations should serve also liquid hydrogen in addition to gaseous hydrogen at 700 bar. _________________ 56 COM(2020) 301 final
Amendment 263 #
2021/0223(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A number of LNG refuelling points are established in the Union, already providing a backbone for the circulation of LNG driven heavy-duty vehicles. The TEN-T core network should remain the basis for the deployment of LNG infrastructure, and progressively for bio- LNG, as it covers the main traffic flows and allows cross border connectivity throughout the Union. It had been recommended in Directive 2014/94/EU that such refuelling points be installed every 400 km on the TEN-T core network, but certain limited should remain the basis for the deployment of LNG infrastructure, and progressively for bio-LNG, as it covers the main traffic flows and allows cross border connectivity throughout the Union. It had been recommended in Directive 2014/94/EU that such refuelling points be installed every 400 km on the TEN-T core network, but some important gaps in the network remain across the EU to reach that objective. Member States should by 2025 reach that objective and fill the remaining gaps, after which the target should cease to applyLNG stations are insufficient especially in Eastern Europe and in third countries, situated on international transport corridors, including corridors linking different Member States. Member States should by 2025 reach that objective and fill the remaining gaps, after which the target should be adapted to different market scenarios in line with EU and national decarbonisation targets and market shares of alternative fuels.
Amendment 282 #
2021/0223(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Shore-side electricity facilities, either fixed or mobile, can serve maritime and inland waterway transport as clean power supply and contribute to reducing the environmental impact of seagoing ships and inland waterway vessels. Under the FuelEU maritime initiative, ship operators of container and passenger ships need to comply with provisions to reduce emissions at berth. Mandatory deployment targets should ensure that the sector finds sufficient shore-side electricity supply in TEN-T core and comprehensive maritime ports to comply with those requirements. The application of these targets to all TEN- T maritime ports should ensure the level playing field between ports.
Amendment 286 #
2021/0223(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
Amendment 288 #
2021/0223(COD)
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32 b) The diversity of maritime ports in terms of size, traffic segments served, governance and geographical location has to be taken into account in the deployment of on-shore power supply.
Amendment 291 #
2021/0223(COD)
Proposal for a regulation
Recital 32 c (new)
Recital 32 c (new)
(32 c) Given the cost and complexity associated with the roll-out of OPS in maritime ports, it is essential to prioritise the investments, particularly where it makes the most sense in terms of emissions reduction and economic viability. Frequency of use, potential level of emissions reduction, regularity of calls and availability of grid capacity are important elements in that respect;
Amendment 300 #
2021/0223(COD)
Proposal for a regulation
Recital 32 d (new)
Recital 32 d (new)
(32 d) To incentivise the use of OPS, the costs associated with on-shore charging should be reduced by exempting electricity supplied to vessels in port from taxation through revisions of the Energy Taxation Directive (XXXX-XXX).
Amendment 302 #
2021/0223(COD)
Proposal for a regulation
Recital 32 e (new)
Recital 32 e (new)
(32 e) In case it is impossible to supply sufficient on-shore power due to weak capacity in the local grid connecting to the port, this should not be considered as a failure by the port nor of the ship owner or operator to comply with the requirements of this Regulation, as long as the insufficient local grid capacity is duly attested by the grid manager.
Amendment 347 #
2021/0223(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The revised national policy frameworks should include detailed market and traffic shares, especially for transit traffic, data monitoring and evaluation on a frequent basis, providing for market projections and supporting actions for the development of the market as regards alternative fuels, including the deployment of the necessary infrastructure to be put into place, in close cooperation with regional and local authorities and with the industry concerned, while taking into account the needs of small and medium- sized enterprises. Additionally, the revised frameworks should describe the overall national framework for planning, permitting and procuring of such infrastructure, including the identified obstacles and actions to remove them so shat a faster rollout of infrastructure can be achieved.
Amendment 351 #
2021/0223(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The development and implementation of the revised national policy frameworks of the Member States should be facilitated by the Commission by means of exchanges of information and best practices between the Member States and regional and local authorities.
Amendment 354 #
2021/0223(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to promote alternative fuels and develop the relevant infrastructure, the national policy frameworks should consist of detailed strategies to promote alternative fuels in sectors that are difficult to decarbonise such as aviation, maritime transport, inland waterway transport as well as rail transport on network segments that cannot be electrified. In particular, Member States should develop clear strategies for the decarbonisation of inland waterway transport along the TEN-T network in close cooperation with those Member States concerned. Long term decarbonisation strategies should also be developed for TEN-T ports and TEN-T airports, in particular with a focus on the deployment of infrastructure for low and zero emission vessels and aircraft as well as for railway lines that are not going to be electrified. On the basis of those strategies, taking into consideration the national market and traffic share data and market projections, the Commission should review this Regulation with a view to setting more mandatory targets for those sectors.
Amendment 361 #
2021/0223(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Member States should make use of a wide range of regulatory and non-market-based and regulatory incentives and measures to reach the mandatory targets and implement their national policy frameworks, in close cooperation with private sector actors, who should play a key role in supporting the development of alternative fuels infrastructure.
Amendment 390 #
2021/0223(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The market for alternative fuels and in particular for zero emission fuels is still in the early stages of development and technology is evolving fast. This should likely affect the demand for alternative fuels and consequently for alternative fuels infrastructure across the modes. The Commission should therefore review this Regulation by the end of 2026 in particular as regards the targets setting for electric recharging points for HDV as well as t, taking into account national margkets for infrastructure for alternative fuels for zero-emission vessels and aircraft in waterborne transport and avia and traffic shares data and market projections.
Amendment 392 #
2021/0223(COD)
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54 a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate unnecessary compliance costs in the affected sectors.
Amendment 395 #
2021/0223(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation establishes a reporting mechanism to stimulate cooperation and ensures a robust tracking of progress. The mechanism shall comprise a structured, transparent, iterative and multi-level governance process between the Commission and Member States for the purpose of the finalisation of the national policy frameworks, taking into account existing local and regional strategies for the deployment of alternative fuels infrastructure, and their subsequent implementation and corresponding Commission action.
Amendment 398 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(3) ‘alternative fuels’ means fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute, on a permanent basis or for a transitional phase, to its decarbonisation and enhance the environmental performance of the transport sector, including:
Amendment 403 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – introductory part
Article 2 – paragraph 1 – point 3 – point a – introductory part
(a) ‘alternative fuels for low- and zero- emission vehicles’:
Amendment 408 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – indent 2
Article 2 – paragraph 1 – point 3 – point a – indent 2
– hydrogen and hydrogen derived fuels,
Amendment 410 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – indent 3
Article 2 – paragraph 1 – point 3 – point a – indent 3
Amendment 419 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 1
Article 2 – paragraph 1 – point 3 – point b – indent 1
– biomass fuels and biofuels as defined in Article 2, points (27) and (33) of Directive (EU) 2018/2001such as bio-hydrogen, bio-ammonia, bio- methanol, bio-methane, bio-LNG, bio- CNG, bio-LPG or RCF,
Amendment 422 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 2
Article 2 – paragraph 1 – point 3 – point b – indent 2
– synthetic and paraffinic fuels, including ammoniae-hydrogen, e-ammonia, e- methanol, e-methane, e-LNG, rDME or RFNBO, produced from renewable energy,
Amendment 428 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c – introductory part
Article 2 – paragraph 1 – point 3 – point c – introductory part
(c) ‘alternative fossil fuels’ for a transitional phaseprogressively blended with renewable fuels:
Amendment 441 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘electric road system’ means a physical installation along a road that allows for the transfer of electricity to an electric vehicle while the vehicle is in motionfor propulsion or dynamic charging to an electric vehicle;
Amendment 442 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17 a) 'dynamic charging' means the charging of an electric vehicles battery while the vehicle is in motion;
Amendment 451 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
(38) ‘publicly accessible’ alternative fuels infrastructure, means an alternative fuels infrastructure which is located at a site or premise that is open to the general public, irrespective of whetherwith unlimited and unconditional access to the alternative fuels infrastructure, is located on public or on private property, whether limitations or conditions apply in terms of access to the siterrespective of whether it is located on public or orn premise and irrespective of the applicable use conditions of the alternative fuels infrastructureivate property;
Amendment 457 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 41
Article 2 – paragraph 1 – point 41
(41) ‘recharging point’ means a fixed or mobile interface that allows for the transfer of electricity to an electric vehicle, which, whilst it may have one or several connectors to accommodate different connector types, is capable of recharging only one electric vehicle at a time, and excludes devices with a power output less than or equal to 3,7 kW the primary purpose of which is not recharging electric vehicles. It includes wireless or inductive units without any connector.
Amendment 476 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 57
Article 2 – paragraph 1 – point 57
(57) ‘ship at berth’ means ship at b ship which is securely moored along a quay in a port falling under th as defined in Article 3, point (n) of Regulation (EU) 2015/757e jurisdiction of a Member State while it is loading, unloading or hoteling, including the time spent when not engaged in cargo operations;
Amendment 481 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 58
Article 2 – paragraph 1 – point 58
(58) ‘shore-side electricity supply’ means the provision of shore-side electrical power through a standardised interfacefixed, floating or mobile installation to seagoing ships or inland waterway vessels at berth;
Amendment 483 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 59
Article 2 – paragraph 1 – point 59
(59) ‘smart recharging’ means a recharging operation in which the intensity of electricity delivered to the battery is adjusted in real-time, based on information received through electronica standardised communication protocol;
Amendment 500 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
– in their territory, publicly accessible recharging stations dedicated to light-duty vehicles are deployed in a territorially balanced manner that provide sufficient power output for those vehicles.
Amendment 507 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2 a (new)
Article 3 – paragraph 1 – indent 2 a (new)
- the grid connection and the grid capacity are provided.
Amendment 512 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point a
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 13 kW is provided through publicly accessible recharging stations; and
Amendment 520 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) for each plug-in hybrid light-duty vehicle registered in their territory, a total power output of at least 0.662 kW is provided through publicly accessible recharging stations.
Amendment 530 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – introductory part
Article 3 – paragraph 2 – point a – introductory part
(a) along or in the immediate vicinity of the TEN-T core network, publicly accessible recharging pools dedicated to light-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km in-between them:
Amendment 537 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point i
Article 3 – paragraph 2 – point a – point i
(i) by 31 December 2025, each recharging pool shall offer a power output of at least 3600 kW and include at least onetwo recharging stations with an individual power output of at least 15300 kW;
Amendment 539 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point ii
Article 3 – paragraph 2 – point a – point ii
(ii) by 31 December 2030, each recharging pool shall offer a power output of at least 61200 kW and include at least two recharging stations with an individual power output of at least 15300 kW;
Amendment 546 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) along or in the immediate vicinity of the TEN-T comprehensive network, publicly accessible recharging pools dedicated to light-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km in-between them:
Amendment 550 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point i
Article 3 – paragraph 2 – point b – point i
(i) by 31 December 2030, each recharging pool shall offer a power output of at least 3600 kW and include at least one recharging station with an individual power output of at least 15300 kW;
Amendment 553 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point ii
Article 3 – paragraph 2 – point b – point ii
(ii) by 31 December 2035, each recharging pool shall offer a power output of at least 61200 kW and include at least two recharging stations with an individual power output of at least 15300 kW.
Amendment 561 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The minimum distance requirement laid down in paragraph 2 - points (a) and (b) shall not apply to sections with a traffic density of less than [ ] vehicles per week. For such sections, Member States shall ensure an adequate distance in accordance with the sections traffic demands.
Amendment 562 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2 b. In case of rapid market uptake in any relevant reporting period, Member States should shorten the deadlines under points (a) and (b) accordingly and increase the targets for recharging pools accordingly.
Amendment 563 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Neighbouring Member States shall ensure that the maximum distances referred to in paragraph 2 - points (a) and (b) are not exceeded for cross-border sections of the TEN-T core and, unless economically unfeasible, of the TEN-T comprehensive network.
Amendment 569 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Paragraph 1 and 2 shall not apply to the outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
Amendment 573 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3 b. Member States shall ensure that targets in densely populated areas and regions with high uptake in registered light-duty electricity vehicles are increased accordingly in order to provide the necessary infrastructure and support the market development.
Amendment 575 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3 c (new)
Article 3 – paragraph 3 c (new)
3 c. The Commission should take the necessary measures to ensure the cooperation with third-countries, especially candidates for membership in the EU and those third countries, in which transit corridors connecting Member States, are situated.
Amendment 578 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – introductory part
Article 4 – paragraph 1 – point a – introductory part
(a) along or in the immediate vicinity of the TEN-T core 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 60 km in-between them:
Amendment 581 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point i
Article 4 – paragraph 1 – point a – point i
(i) by 31 December 2025, each recharging pool shall offer a power output of at least 142800 kW and include at least onetwo recharging stations with an individual power output of at least 350 kW;
Amendment 588 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point ii
Article 4 – paragraph 1 – point a – point ii
(ii) by 31 December 2030, each recharging pool shall offer a power output of at least 35000 kW and include at least twofour recharging stations with an individual power output of at least 350 kW;
Amendment 594 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – introductory part
Article 4 – paragraph 1 – point b – introductory part
(b) along or in the immediate vicinity of 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 100 km in-between them:
Amendment 595 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point i
Article 4 – paragraph 1 – point b – point i
(i) by 31 December 2030, each recharging pool shall offer a power output of at least 1400 kW and include at least onetwo recharging stations with an individual power output of at least 350 kW;
Amendment 601 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point ii
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 35700 kW;
Amendment 605 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) by 31 December 203027, in each safe and secure parking area situated on the TEN-T core network, at least onetwo recharging station dedicated to heavy-duty vehicles with a power output of at least 100 kW isare installed;
Amendment 610 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) by 31 December 2030,in each safe and secure parking area, situated on the TEN-T comprehensive network, at least one recharging station dedicated to heavy- duty vehicles with a power output of at least 100 kW is installed;
Amendment 616 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) by 31 December 2025, in each urban node publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 61200 kW are deployed, provided by recharging stations with an individual power output of at least 15300 kW;
Amendment 624 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
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 12400 kW are deployed, provided by recharging stations with an individual power output of at least 15300 kW.
Amendment 626 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(e a) Member States shall ensure that the grid connection and the grid capacity necessary is provided.
Amendment 634 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Paragraph 1 shall not apply to the outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
Amendment 640 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2 b. The Commission should take the necessary measures to ensure the cooperation with third countries, especially candidates for membership in the EU and those third countries, in which transit corridors connecting Member States are situated.
Amendment 641 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2 c (new)
Article 4 – paragraph 2 c (new)
2 c. 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.
Amendment 655 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a – introductory part
Article 5 – paragraph 2 – point a – introductory part
(a) operators of recharging points shall, at publicly accessible recharging stations with a power output below 50 kW, deployed from the date referred to in Article 24, accept electronic payments through terminals and devices used for payment services, including at least one of the following:
Amendment 662 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a – point iii
Article 5 – paragraph 2 – point a – point iii
Amendment 668 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 674 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b – point i
Article 5 – paragraph 2 – point b – point i
Amendment 678 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b – point ii
Article 5 – paragraph 2 – point b – point ii
Amendment 684 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
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)of this paragraph.
Amendment 686 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The requirements laid down in points (a) and (b)this paragraph shall not apply to publicly accessible recharging points that do not require payment for the recharging service.
Amendment 695 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Prices charged by operators of publicly accessible recharging points shall be reasonable and affordable, easily and clearly comparable, transparent and non- discriminatory. Operators of publicly accessible recharging points shall not discriminate between the prices charged to end users and prices charged to mobility service providers nor between prices charged to different mobility service providers. Where relevant, the level of prices may only be differentiated in a proportionate manner, according to an objective justification.
Amendment 698 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Operators of recharging points shall clearly display the ad hoc price and all its componentsin price per kWh at all publicly accessible recharging stations operated by them so that these are known to end users before they initiate a recharging session. At least the following price components, if applicable at the recharging station, shall be clearly displayed:
Amendment 702 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 5 – indent 1
Article 5 – paragraph 5 – indent 1
Amendment 707 #
Amendment 713 #
Amendment 717 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Prices charged by mobility service providers to end users shall be reasonable, and affordable, transparent and non- discriminatory. Mobility service providers shall make available to end users all applicable price information, prior to the start of the recharging session, and specific to their intended recharging session, through freely available, widely supported electronic means, clearly distinguishing the price components charged by the operator of recharging point, applicable e-roaming costs and other fees or charges applied by the mobility service provider. The fees shall be reasonable and affordable, transparent and non- discriminatory. No extra charges for cross- border e-roaming shall be applied.
Amendment 720 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. From the date referred to in Article 24, operators of recharging points shall ensure that all newly built publicly accessible recharging points operated by them are digitally-connected recharging points and include e-roaming functionality. All existing recharging points have to fulfil this requirement by 31 December 2025.
Amendment 725 #
2021/0223(COD)
8. From the date referred to in Article 24, operators of recharging points shall ensure that all newly built publicly accessible normal power recharging points operated by them are capable of smart recharging. All existing recharging points have to fulfil this requirement by 31 December 2025.
Amendment 737 #
2021/0223(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 742 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, in their territory, a minimum number of publicly accessible hydrogen refuelling stations are put in place by 31 December 203027.
Amendment 753 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
To that end Member States shall ensure that by 31 December 203027 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 150 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 4350 km in-between them.
Amendment 766 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Paragraph 1 shall not apply to outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
Amendment 768 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3 b. The Commission should take the necessary measures to ensure cooperation with third countries, especially candidates for membership in the EU and those third countries in which transit corridors connecting Member States are situated.
Amendment 788 #
2021/0223(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
8 LNG, LPG and CNG infrastructure for road transport vehicles
Amendment 793 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall ensure until 1 January 2025 that an appropriate number of publicly accessible refuelling points for LNG, LPG ad CNG are put in place, at least along the TEN-T core network, in order to allow LNG, LPG and CNG heavy-duty motor vehicles to circulate throughout the Union, where there is demand, unless the costs are disproportionate to the benefits, including environmental benefits.
Amendment 799 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 (new)
Article 8 – paragraph 1 – subparagraph 1 (new)
To this end, Member States take the necessary measures to ensure that, by 31 December 2030:
Amendment 800 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a (new)
Article 8 – paragraph 1 – point a (new)
(a) In urban areas, CNG stations are installed according to a spatial density criterion, ensuring that one station covers a catchment area of 20 km², in order to promote the use of natural gas and biomethane in cities, including for public transport. Member States may assess stricter parameters for LNG, LPG and CNG stations in urban and suburban areas where air quality is particularly poor;
Amendment 801 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b (new)
Article 8 – paragraph 1 – point b (new)
(b) LNG, LPG and CNG refuelling infrastructures are built in correspondence of road infrastructures such as motorways, facilitating their access to the public.
Amendment 803 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Without prejudice to paragraph 1, Member States shall support the installation of LNG, LPG and CNG refuelling stations also at logistic centres, depots or multipurpose refuelling stations in ports, as well as at airports for the refuelling of ground-moving vehicles such as vehicles for the transport of passengers.
Amendment 804 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
Further targets, including for the TEN-T comprehensive network, shall be set by Member States, in accordance with reasonable national and EU-wide market share and transit traffic share indicators, allowing for unhindered use of the LNG, CNG and LPG fleets.
Amendment 805 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1 c (new)
Article 8 – paragraph 1 c (new)
All newly-built infrastructure for LNG, CNG and LPG should be compatible with renewable fuels and allowing for progressive blending with and the gradual replacement of alternative fossil fuels.
Amendment 806 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1 d (new)
Article 8 – paragraph 1 d (new)
The Commission shall take the necessary measures to ensure the cooperation with third-countries, especially candidates for membership in the EU and those third countries, in which transit corridors, connecting Member Stats, are situated.
Amendment 807 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1 e (new)
Article 8 – paragraph 1 e (new)
The provisions of this Article shall not apply to the outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
Amendment 809 #
2021/0223(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Renewable fuels infrastructure 1. Member States shall plan the development of infrastructure for all renewable fuels, following the assessment of National policy frameworks and of market and transit traffic shares and market projections, made by the Commission by 1 December 2026 at the latest. 2. The Commission shall, when revising this Regulation, include binding targets for renewable fuels infrastructure based on national reports, Commission analysis based on national and EU-wide market share and transit traffic share indicators.
Amendment 815 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that a minimum shore-side electricity supply for seagoing container and passenger ships is provided in maritime ports, as well as to inland vessels in ports connected to navigable waterways. To that end, Member States shall take the necessary measures to ensure that by 1 January 2030:
Amendment 847 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(c a) the ports shall decide the implementation of points (a), (b) and (c) requirements in accordance with number of calls by terminal.
Amendment 871 #
2021/0223(COD)
(c a) several short port calls to load and unload at different berths in the same port;
Amendment 873 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the maritime port of the TEN-T core network and the TEN-T comprehensive network is located on an island which is not connected directly to the electricity grid or in an outermost region, paragraph 1 shall not apply, until such a connection has been completed or there is a sufficient locally generated capacity from clean energy sources. , or if the costs are disproportionate to the benefits, including environmental benefits.
Amendment 887 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Member States shall ensure sufficient grid capacity and connection, power reserve and frequency conversion to the ports.
Amendment 897 #
2021/0223(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(b a) sufficient grid capacity and connection, power reserve and frequency conversion to the ports are available.
Amendment 927 #
2021/0223(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Member States shall ensure that airport managing bodies and suppliers of groundhandling services of all TEN-T core and comprehensive network airports ensure the provision of electricity supply, through any technology available to them, to stationary aircraft by:
Amendment 933 #
2021/0223(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 (new)
Article 12 – paragraph 1 – subparagraph 1 (new)
Short-term parking positions such as de- icing positions, parking positions in military areas and parking positions for general air traffic (below 5,7 to MTOW) shall not be covered by this paragraph.
Amendment 938 #
2021/0223(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. Where the airport of the TEN-T core network or the TEN-T comprehensive network is located on an island which is not connected directly to the electricity grid or in an outermost region, paragraph 1 shall not apply until such a connection has been completed or there is sufficient locally generated capacity from clean energy sources or if the costs are disproportionate to the benefits, including environmental benefits.
Amendment 948 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. By 1 January 2024, each Member State shall, jointly with regional, national and local authorities prepare and send to the Commission a draft national policy framework for the development of the market as regards alternative fuels in the transport sector and the deployment of the relevant infrastructure. The national policy framework shall be based on detailed market and traffic shares, especially for transit traffic, data monitoring and include detailed market projections.
Amendment 953 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point a
Article 13 – paragraph 1 – subparagraph 1 – point a
(a) an assessment of the current state and future development of the market as regards alternative fuels in the transport sector, and of the development of alternative fuels infrastructure, considering intermodal access of alternative fuels infrastructure and, where relevant, cross- border continuity and mobility and accessibility between outermost regions and between them and the mainland;
Amendment 981 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point k a (new)
Article 13 – paragraph 1 – subparagraph 1 – point k a (new)
(k a) measures to ensure that the density of publicly accessible alternative fuels infrastructure available at national level takes into account the population density and the number of registrations of vehicles, powered by alternative fuels in the local area based on NUTS 3 level in accordance with the latest NUTS classification;
Amendment 986 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point l
Article 13 – paragraph 1 – subparagraph 1 – point l
(l) a deployment plan for alternative fuels infrastructure in airports other than for electricity supply to stationary aircraft, in particular for hydrogen, hydrogen derived fuels and electric recharging for aircrafts;
Amendment 995 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point n
Article 13 – paragraph 1 – subparagraph 1 – point n
(n) a deployment plan for alternative fuels infrastructure in maritime ports other than for LNG and shore-side electricity supply for use by sea going vessels, in particular for hydrogen, ammoniahydrogen derived fuels and electricity;
Amendment 1000 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point o
Article 13 – paragraph 1 – subparagraph 1 – point o
(o) a deployment plan for alternative fuels in inland waterway transport, in particular for both hydrogen and, electricity and other relevant alternative fuels;
Amendment 1009 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
(p a) a comprehensive investment plan laying out the investments necessary to achieve the targets set in the national policy framework and which shall also include the infrastructures outside the TEN-T network;
Amendment 1017 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p b (new)
Article 13 – paragraph 1 – subparagraph 1 – point p b (new)
(p b) a deployment plan for grid connections and capacity.
Amendment 1019 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. Without prejudice to paragraph 1 and before the deadline set therein, Member States are invited to submit preliminary national policy frameworks in order to ensure a smooth and quick development and deployment of the infrastructure. When a Member State decides to hand in a preliminary national policy framework, the Commission shall assess the preliminary national policy framework and issue recommendations no later than six months after the submission of the preliminary national policy frameworks.
Amendment 1021 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the national policy frameworks take into account the needs of the different regions and transport modes existing on their territory, including those for which limited alternatives to fossil fuels are available.
Amendment 1028 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that national policy frameworks take into account, as appropriate, the interests of regional and local authorities, in particular when recharging and refuelling infrastructure for public transport is concerned, as well as those of all the stakeholders concerned.
Amendment 1031 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. Members States, in their policy frameworks, shall take into account regional disparities and pay special attention to less developed regions (at NUTS-2 level), especially those with Regional GDP (PPS per inhabitant in % of the EU 27) under 50.
Amendment 1033 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Where necessary, Member States shall cooperate, by means of consultations or joint policy frameworks, to ensure that the measures required to achieve the objectives of this Regulation are coherent and coordinated. In particular, Member States shall cooperate on the strategies to use alternative fuels and deployment of corresponding infrastructure in waterborne transport. The Commission shall assist the Member States in the cooperation process. The European Coordinators, in line with Article 45 of Regulation (EU) No 1315/2013, shall be consulted.
Amendment 1034 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4 a. The Commission should take the necessary measures to ensure cooperation with third countries, especially candidates for membership in the EU and those third countries in which transit corridors connecting Member States are situated.
Amendment 1036 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Each Member State shall make available to the public its draft national policy framework, including a comprehensive financing plan, and shall ensure that the public is given early and effective opportunities to participate in the preparation of the draft national policy framework.
Amendment 1040 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 7 – point b a (new)
Article 13 – paragraph 7 – point b a (new)
(b a) if policies and measures are geographically distributed across the regions within the Member State.
Amendment 1043 #
2021/0223(COD)
Proposal for a regulation
Article 14 – paragraph 1
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 20276 and every two years thereafter.
Amendment 1050 #
2021/0223(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 1053 #
2021/0223(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. On the basis of input from transmission system operators and distribution system operators, the regulatory authority of a Member States shall assess, at the latest by 1 30 June 2024 and periodically every three years thereafter, the potential contribution of bidirectional charging to the penetration of renewable electricity into the electricity system. That assessment shall be made publicly available. On the basis of the results of the assessment, Member States shall take, if necessary, the appropriate measures to adjust the availability and geographical distribution of bidirectional recharging points, in both public and private areas and include them in their progress report referred to in paragraph 1.
Amendment 1055 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. The Commission shall submit to the European Parliament and to the Council a report on its assessment of the progress reports pursuant to Article 14(1) one yearsix months after submission of the national progress reports by the Member States. This assessment shall contain an assessment of:
Amendment 1062 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) the number of publicly accessible hydrogen and other renewable fuels refuelling points;
Amendment 1076 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point j a (new)
Article 15 – paragraph 4 – point j a (new)
(j a) the alternative fuel infrastructure in outermost regions and islands.
Amendment 1079 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every third year until 2050, the results of an evaluation on the functioning of this Regulation, with emphasis on this Regulation’s effects on the functioning of the single market, the competitiveness of affected sectors and the magnitude of carbon leakage.
Amendment 1080 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 b (new)
Article 15 – paragraph 4 b (new)
4 b. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every fifth year until 2050, the results of a comprehensive evaluation of the aggregated macroeconomic impact of the Regulations that make up the Fit for 55package 1a, with emphasis on the effects on the Union’s competitiveness, job creation, transport freight rates, household purchasing power and the magnitude of carbon leakage. _________________ 1a Communication from the Commission (COM/2021/550), 14 July 2021.
Amendment 1081 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 c (new)
Article 15 – paragraph 4 c (new)
4 c. The Commission shall consider possible amendments to this Regulation with regards to regulatory simplification. The Commission and the competent authorities in the Member States shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Regulation, keeping administrative burdens to a minimum.
Amendment 1084 #
2021/0223(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. The European Parliament shall be duly informed by the Commission about measures taken in accordance with paragraph 2.
Amendment 1106 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a – point iv a (new)
Article 18 – paragraph 2 – point a – point iv a (new)
(iv a) accessibility for heavy-duty vehicles, including height, length and width restrictions of the recharging and refuelling points.
Amendment 1109 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b – point ii
Article 18 – paragraph 2 – point b – point ii
(ii) type and availability of connector,
Amendment 1119 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii a (new)
Article 18 – paragraph 2 – point c – point iii a (new)
(iii a) if applicable, price for parking,
Amendment 1121 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii b (new)
Article 18 – paragraph 2 – point c – point iii b (new)
(iii b) if applicable, time limit for parking,
Amendment 1122 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii c (new)
Article 18 – paragraph 2 – point c – point iii c (new)
(iii c) payment options.
Amendment 1123 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 (new)
Article 18 – paragraph 2 – subparagraph 1 (new)
Operators of publicly accessible recharging and refuelling points or, in accordance with the arrangement between them, the owners of those points, shall not be obliged to disclose static or dynamic data that would result in the disclosure of company confidential data.
Amendment 1128 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure the accessibility of data, not including company confidential data, on an open and non- discriminatory basis to all stakeholders through their National Access Point in application of Directive 2010/40/EU of the European Parliament and the Council67 . _________________ 67 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (OJ L 207, 6.8.2010, p. 1).
Amendment 1140 #
2021/0223(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Amendment 1142 #
2021/0223(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
By 31 December 2026, the Commission shall review this Regulation, and, where appropriate,paying special attention to the appropriateness of the targets and infrastructure requirements set within this Regulation. If it finds that one or more provisions are not appropriate any more or new technologies have emerged, the Commission shall submit a proposal to amend ithis Regulation.
Amendment 1149 #
2021/0223(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b – indent 8
Annex I – paragraph 1 – point 1 – point b – indent 8
– Shore side electricity supply at maritime ports of the TEN-T core and TEN-T comprehensive network, including exact location (port), grid capacity, and capacity of each installation within the port;
Amendment 73 #
2021/0211(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) Measures should be included in this Directive to prevent the carbon leakage produced as a result of more stringent rules applied in EU ports than in non-EU countries. Special attention needs to be paid to transhipment operations in non EU neighbouring ports, which could benefit from an unfair playing field if sufficient compensatory measures are not foreseen. This difference in the applicable rules would imply a shift in deep sea traffic towards ports outside the EU and would generate feeder ship traffic that only registers 50% of its emissions. The traffic – whose origin is at a neighbouring, non-EU transhipment port – should be treated as intra-EU traffic and ship-owners should acquire 100% of their emission rights when their ships are en route to an EU port. Also, a gradual phase-in for the emission trading system should be set for deep sea routes performing at least 30% of transhipment operations in EU ports.
Amendment 74 #
2021/0211(COD)
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17 b) Where necessary, the Commission should review Regulation 2015/757, to ensure that the information on the use of all types of alternative fuels, is available for the purpose of determining the amount of free allowances under the EU ETS.
Amendment 250 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point v
Article 3 – point v
(v) ‘shipping company’ means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention, set out in Annex I to Regulation (EC) No 336/2006 of the European Parliament and of the Council(*); When the ultimate responsibility for the purchase of the fuel or the operation of the ship is assumed by a different entity pursuant to a contractual agreement, this entity shall be responsible under this contractual agreement to cover the costs arising from the implementation of this Directive. Operation of the ship for the purposes of this Article shall mean determining the cargo carried, the route or the speed of the ship.
Amendment 252 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point z b (new)
Article 3 – point z b (new)
(z b) “transhipment port” is the port where the movement of one type of cargo to be transhipped exceeds60 % of the total traffic of that port. Cargo, container or goods are transhipped when they are unloaded from the ship to the port for the sole purpose of loading them on another ship.
Amendment 253 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
(z a) “port of call” means the port where a ship stops to load or unload cargo or to embark or disembark passengers; consequently, for the purpose of this directive stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, stops in a transhipment port of a non-EU neighbouring country and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;
Amendment 257 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point z c (new)
Article 3 – point z c (new)
(z c) “deep sea routes” are those shipping routes connecting two or more continents and performed by regular services covering more than 3 000 km long where ships would carry out transhipment operations at any port in its route. Such routes shall be incorporated in a list and reconsidered on an annual basis by the Commission.
Amendment 259 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point z d (new)
Article 3 – point z d (new)
(z d) "transhipment operation” is an operation in which any cargo, container or good is unloaded from a ship to the port for the sole purpose of loading it on another ship.
Amendment 261 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point z e (new)
Article 3 – point z e (new)
(z e) "Non-EU neighbouring countries" are all non-EU countries connected by the same sea basin to an EU Member State or adjacent to an EU Member State.
Amendment 264 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point x
Article 3 – point x
Amendment 278 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1 a (new)
Article 3g – paragraph 1 a (new)
1 a. In order to prevent carbon leakage due to the relocation of transhipment operations from EU-ports to transhipment ports in non-EU neighbouring countries, the following rules shall apply: - In the case of voyages with departure in an EU Member State and arrival in a non-EU country or with departure in a non-EU country and arrival in an EU Member State, with a stop in a non-EU transhipment port, the allocation of allowances and surrender requirements shall apply in respect of one hundred percent (100%) of emission for the segment of the voyage between the EU Member State and the non-EU transhipment port, and fifty percent (50%) for the rest of the voyage; - In the case of voyages with origin in an EU Member State and arriving in another EU Member State, with a stop in a non- EU transhipment port, the allocation of allowances and surrender requirements shall apply in respect of one hundred percent (100%) of emissions for the whole voyage.
Amendment 306 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga a (new)
Article 3ga a (new)
Amendment 377 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – point a new
Article 12 – paragraph 3 – point a new
(a a) An aircraft operator shall receive allowances free of charge proportional with the use of sustainable aviation fuels, including renewable fuels of non- biological origin. For each type of sustainable aviation fuel reported, the amount of allowances received shall correspond to the amount of allowances, which the aircraft operator would have been required to surrender for the same volume of fossil kerosene, multiplied according to subpagraph (ab) of this Article
Amendment 378 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
(a b) The amount of allowances received free of charge by an aircraft operator shall be multiplied as follows, depending on the type of sustainable aviation fuel reported: (a) By a factor of 4 for biofuels produced from feedstock listed in Annex IX Part A of the Renewable Energy Directive. (b) By a factor of 2 for biofuels produced from feedstock listed in Annex IX Part B of the Renewable Energy Directive. (c) By a factor of 6 for renewable fuel of non-biological origin, as defined under the Renewable Energy Directive.
Amendment 379 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 a c new
Article 12 – paragraph 3 a c new
(a c) An aircraft operator shall also receive allowances free of charge proportional with the use of best available aircraft technology in the previous year. (a) The aircraft models eligible as best available aircraft technology shall be those defined with respect to the performance against the New Type ICAO CO2 standard in a delegated act developed under the EU taxonomy. Until the Commission adopts such a delegated act, the performance thresholds defined in the report of the Platform on Sustainable Finance shall apply. (b) An operator shall report its share of flights using best available aircraft technology – in relation to their total emissions in a given year to the competent authorities. These shall request that the reported data is substantiated and verify the data. (c) To reduce administrative burden on authorities and operators, the latter may choose not to report this share, resulting on no free allowances for the use of best available aircraft technology.
Amendment 401 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IVa
Chapter IVa
Amendment 478 #
2021/0211(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III
Annex III
Amendment 479 #
2021/0211(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex IIIa
Annex IIIa
Amendment 480 #
2021/0211(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex IIIa – paragraph 1
Annex IIIa – paragraph 1
Amendment 481 #
2021/0211(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex IIIa – paragraph 2
Annex IIIa – paragraph 2
Amendment 487 #
2021/0211(COD)
Proposal for a directive
Annex I – point 4
Annex I – point 4
Directive 2002/87/EC
Annex IV – Part C
Annex IV – Part C
Amendment 489 #
2021/0211(COD)
Proposal for a directive
Annex – paragraph 1 – point c-point vii-table
Annex – paragraph 1 – point c-point vii-table
Directive 2003/87/EC
ANNEX I – paragraph 1 – point c – point vii – table
ANNEX I – paragraph 1 – point c – point vii – table
“Maritime transport Greenhouse gases covered by Regulation (EU) 2015/757”; Maritime transport activities of ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council performing voyages with the purpose of transporting passengers or cargo for commercial purposes This activity shall not include: (a) Voyages performed in the framework of a public service contract or subject to public service obligations in accordance with Regulation (EEC) Nº 3577/92; (b) Voyages to and/or from the outermost regions of the EU; (c) Voyages performed by a ship with total annual emissions lower than 10 000 tonnes per year; (d) Humanitarian voyages; (e) Search and rescue voyages or parts of normal voyages by ships where search and rescue activities had to be carried out; (f) Force majeure for all or part of the voyage; (g) Ships for civil protection and rescue.
Amendment 490 #
2021/0211(COD)
Proposal for a directive
Annex
Annex
Directive 2003/87/EC
Annex III - Table
Annex III - Table
Amendment 108 #
2021/0210(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In the context of fuel transition to renewable and low carbon fuels and substitute sources of energy, it is essential to ensure the proper functioning of and fair competition in the EU maritime transport market regarding marine fuels, which account for a substantial share of ship operators’ costs. Differences in fuel requirements across Member States of the Union can significantly affect ship operators’ economic performance and negatively impact competition in the market. Due to the international nature of shipping, ship operators may easily bunker in third countries and carry large amounts of fuel. This may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a Member State is not accompanied by a scaled production and requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market.
Amendment 112 #
2021/0210(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) LNG today plays a role as a transition low-carbon fuel while laying the ground for the roll out of bioLNG and eLNG in the coming years. Account needs to be taken of the technological advantages of these decarbonized alternatives in terms of abatement costs and infrastructure readiness.
Amendment 114 #
2021/0210(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to produce an effect on all the activities of the maritime transport sector, it is appropriate that this Regulation covers a share of the voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country. This Regulation should thus apply to half of the energy used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the of the energy used by a ship performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, the entirety of the energy used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and the energy used at berth in a port under the jurisdiction of a Member State. Such coverage of a share of the energy used by a ship in both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of this Regulation, including by increasing the positive impact on the environment of such framework. Simultaneously, such framework should limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union by including in its scope the entirety of the energy used on voyages from a non-EU neighbouring country transhipment port to a port of call under the jurisdiction of a Member State. In order to ensure smooth operation of maritime traffic, a level playing field among maritime transport operators and among ports, and avoid distortions in the internal market, all journeys arriving or departing from ports under jurisdiction of Member States, as well as the stay of ships in those ports should be covered by uniform rules contained in this Regulation.
Amendment 128 #
2021/0210(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The rules laid down in this Regulation should apply in a non- discriminatory manner to all ships regardless of their flag. For reasons of coherence with Union and international rules in the area of maritime transport, this Regulation should not apply to warships, naval auxiliaries, fish-catching or fish- processing ships, or government ships used for non-commercial purposes or voyages to and from EU outermost regions.
Amendment 129 #
2021/0210(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The rules laid down in this Regulation should apply in a non- discriminatory manner to all ships regardless of their flag. For reasons of coherence with Union and international rules in the area of maritime transport, this Regulation should not apply to warships, naval auxiliaries, fish-catching or fish- processing ships, or government ships used for non-commercial purposes.
Amendment 133 #
2021/0210(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The person or organisation partially responsible for the compliance with this Regulation should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757 of the European Parliament and of the Council21 , and in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line with the polluter pays principle, the shipping company could, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions affecting the greenhouse gas intensity of the energy used by the ship accountable for the compliance costs under this Regulation. This entity would normally be the entity that is responsible for the choice of fuel, route and speed of the ship. __________________ 21 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).
Amendment 134 #
2021/0210(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) However, those companies cannot be held totally responsible for the compliance of this Regulation, since they cannot influence the availability of the different types of fuel in ports for maritime transport. This availability can only be ensured by maritime fuel suppliers that even have access to EU funds to ensure that the appropriate infrastructures are in place. Therefore, obligations for maritime fuel suppliers should be set for them to bear part of the compliance costs of this Regulation.
Amendment 273 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) the entirety of the energy used on voyages from a non-EU neighbouring country transhipment port to a port of call under the jurisdiction of a Member State,
Amendment 277 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) a half of the energy used on voyages departing from or arriving to a port of call under the jurisdiction of a Member State, where the last or the next port of call is under the jurisdiction of a third country, except those from a non-EU neighbouring country transhipment port.
Amendment 285 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
This Regulation does not apply to: (a) warships, naval auxiliaries, fish- catching or fish-processing ships, wooden ships of a primitive build, ships not propelled by mechanical means, or government ships used for non-commercial purposes, (b) voyages to and from outermost regions.
Amendment 295 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘renewable fuels of non-biological origin’ means renewable liquid and gaseous transport fuels of non- biological origin as defined in Article 2, point (36), of Directive (EU) 2018/2001;
Amendment 305 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘port of call’ means a port of call as defined in Article 3, point (b) of Regulation (EU) 2015/757. For the purpose of this Regulation stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, making repairs, taking shelter from adverse weather, stops because the ship is in need of assistance or in distress, ship-to-ship transfers outside ports and stops in a transhipment port of a non-EU neighbouring country are excluded;
Amendment 307 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(ia) “transhipment port” is the port where the movement of one type of cargo to be transhipped exceeds 60 % of the total traffic of that port. Cargo, container or goods are transhipped when they are unloaded from the ship to the port for the sole purpose of loading them on another ship;
Amendment 309 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) ‘company’ means company as defined in Article 3, point (d) of Regulation (EU) 2015/757 or any other entity that assumes the ultimate responsibility for the procurement, purchase, payment or reimbursement of the cost of the fuel, through a contractual agreement;
Amendment 312 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
(ka) ‘maritime fuel supplier’ means a fuel supplier as defined in Article 2, second paragraph, point 38 of Directive (EU) 2018/2001, supplying marine fuel at a Union port;
Amendment 387 #
2021/0210(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Maritime fuel suppliers 1. Maritime fuel suppliers shall ensure that the supply of fuels in the Union ports is sufficient for ships to meet the requirements set out in Article 4(2). 2. Marine fuel suppliers shall provide to the master of the ship a ‘FuelEU Maritime Bunker Certificate’ which should be annexed to the Bunker Delivery Note. The fuel supplier shall be responsible for the accuracy of the information. 3. The Commission is empowered to adopt delegated acts in accordance with Article 26 to calculate and publish two years before the entry into force of this Regulation the total quantities of fuels referred to in paragraph 1.
Amendment 391 #
2021/0210(COD)
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4 b Supply plans and reporting obligations for maritime fuel suppliers 1. By 31 March of each year maritime fuel suppliers shall develop and record in the compliance database, referred to in Article 16, a comprehensive plan for the projected supply of the fuels to comply with Article 4 a (new). The supply plan shall include the following information for each of the fuels projected to be supplied at Union ports: (a) the list of the Union ports and their geographical location; (b) the type of fuels and volumes; (c) the well-to-wake emission factors, origin of feedstock and conversion process. 2. By 31 March of each reporting year, maritime fuel suppliers shall record in the compliance database the following information: (a) the volume of each type of fuels supplied at each Union port; (b) the well-to-wake emission factors, origin of feedstock and conversion process for each type of renewable marine fuels supplied at Union ports. 3. The Commission shall make public the information recorded in the compliance database referred to in paragraphs 1 and 2.
Amendment 484 #
2021/0210(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) greenhouse gas emissions factors of renewable fuels of non-biological origin and recycled carbon fuel that comply with the greenhouse gas emission savings thresholds set out in Articles 25 and 27(31) of Directive (EU) 2018/2001 shall be determined according to the methodologies set out in that Directive;
Amendment 524 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. When the supply of fuels referred to in Article 4a is not sufficient at the Union ports of call in accordance with the supply plan of the maritime fuel suppliers, the ship shall submit a fuel non- availability report (FNAR). The report shall cover all the Union port calls during the compliance period and it shall be submitted to the competent authorities and the Commission.
Amendment 565 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The maritime fuel supplier shall pay the penalty referred to in paragraph 1 when a ship submits a FNAR. If more than one fuel supplier is included in the FNAR, the penalty shall be divided among the fuel suppliers proportionally. This penalty shall be deducted from the amount paid by the company under paragraph 1.
Amendment 607 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(6), 4a(3), 5(4), 9(3), 13(3), 20(4), and 21(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
Amendment 657 #
2021/0210(COD)
Proposal for a regulation
Annex I – paragraph 4 – subparagraph 1
Annex I – paragraph 4 – subparagraph 1
For the purpose of this regulation the term c ∑kEk × CO2eq electricity, k in the numerator of Equation (1) shall be set to zeroequal to the associated emissions of the electricity mix in the territory of the Member State to which the port belongs, considering the two-year period before the year in which the electricity is supplied.
Amendment 670 #
2021/0210(COD)
Proposal for a regulation
Annex II – paragraph 11
Annex II – paragraph 11
Column 7 contains the emission factor Cf for methane in [gCH4/gfuel]. Default values as contained in the table shall be used. Values certified by mean of testing can be used in place of the default values. For LNG fuels (i.e. LNG, bio-LNG and e- LNG) Cf for methane are set to zero.
Amendment 41 #
2021/0205(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike, as well as one of the main connector for and from outermost regions and the mainland, particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving connectivity within the Union and with third countries, and has been a significant enabler of the Union economy.
Amendment 47 #
2021/0205(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, it is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, with high levels of connectivity, safety and security., avoiding the possible raise of air fares and the reduction of flight frequencies;
Amendment 51 #
2021/0205(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The functioning of the Union air transport sector is determined by its cross- border nature across the Union, and by its global dimension. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The air transport external policy is governed by rules established at global level at the International Civil Aviation Organisation (ICAO), as well as by comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries. The Union external aviation policy should promote convergence on the use of sustainable aviation fuels and, if appropriate, should establish specific provisions on the use of sustainable aviation fuels within the comprehensive multilateral and bilateral air transport agreements between the EU or its Member States ;
Amendment 58 #
2021/0205(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The air transport market is subject to strong competition between economic actors globally and across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and the relevant parties involved in fuel supply and other aviation actors can operate on the basis of equal opportunities. Where market distortions occur, they risk putting aircraft operators or airports at a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, and a loss of air connectivity for citizens and businesses.
Amendment 60 #
2021/0205(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and negatively impact competition on the market, reduce the attractiveness of the aviation sector and therefore mobility, with high fuel prices translated directly into high end-consumer fares. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasonsin order to remain competitive. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering by aircraft operators accordingly undermines of the Union’s efforts towards environmental protection. SOn the other hand, refuelling obligations are costly for aircraft operators as they prolong the turn-around times and reduces operational capacity of the airports, especially in peak hours. The tankering on short haul flights has rather limited impact on fuel consumption and fuel burn. Nevertheless, some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector, leading to market distortions and be harmful to air connectivity. This Regulation should set up balanced measures to prevent suchall possible adverse practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market.
Amendment 67 #
2021/0205(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Communication on a Sustainable and Smart Mobility Strategy10 adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements and a strong commitment from the industry, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the only solution for significant decarbonisation of all flight ranges, already in the short term but also in the medium and long term. However, this potential is currently largely untapped and needs support over time for the development and deployment of mature and new sustainable aviation fuels and on research for new aircraft engines and technologies. _________________ 10 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.
Amendment 78 #
2021/0205(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviationfuels which save 55% of greenhouse gases as compared with fossil fuels and are compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. SAmong sustainable aviation fuels some are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, which should also be supported and covered by this Regulation, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights.
Amendment 81 #
2021/0205(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The gradual introduction of sustainable aviation fuels on the air transport market will represent an additional fuel cost for airlines, as such fuel technologies are currently more expensive to produce than conventional aviation fuel. This is expected to exacerbate the pre-existing issues of level playing field on the air transport market as regards aviation fuel, and to cause further distortions among aircraft operators and airports. This regulation should take measures to prevent that the introduction of sustainable aviation fuels affects negatively the competitiveness of the aviation sector by defining harmonised requirements across the Union., avoiding different blending mandates at national level;
Amendment 87 #
2021/0205(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) At global level, sustainable aviation fuels are regulated at ICAOnd defined at ICAO and the Union should follow similar approach to align Union aviation framework with those international standards with the aim of promoting sustainable aviation fuels at global level. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels.
Amendment 104 #
2021/0205(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation should cover the largest possible share of commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at small airports. A threshold of yearly passenger air traffic and freight traffic should be defined, below which airports would not be covered by this Regulation; however, the scope of the Regulation should cover at least 95% of total traffic departing from airports in the Union. For the same reasons, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on EU territory. However, airports that meet the exemption requirements can opt to be covered by this regulation after the Member State report to the Commission.
Amendment 109 #
2021/0205(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Development and deployment of sustainable aviation fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable aviation fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic aviation fuels should be eligible. In particular, sustainable aviation fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise air transport already in the short term.
Amendment 116 #
2021/0205(COD)
(16) Development and deployment of sustainable aviation fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, all sustainable aviation fuels produced from feedstock listed in Parts A and B of Annex IX ofvided by Directive (EU) 2018/2001, as well asincluding synthetic aviation fuels should be eligible. In particular, sustainable aviation fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology, complying with the sustainability and greenhouse gas emissions criteria laid down in Article 29 and certified in accordance with Article 30 of that Directive are essential to decarbonise air transport already in the short term.
Amendment 122 #
2021/0205(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For sustainability reasons, feed and food crop-based fuels should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels – indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. The aviation sector has currently insignificant levels of demand for food and feed crops- based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non-eligibility of crop- based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector if they comply with the sustainability and greenhouse gas emissions criteria laid down in Directive (EU) 2018/2001.The indirect land-use change that occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes has already been addressed in that Directive.
Amendment 124 #
2021/0205(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For sustainability reasonsGiven safeguards provided by Articles 29 and 30 of Directive (EU) 2018/2001, feed and food crop-based fuels should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure oProper enforcement of this Directive with an appropriate track and trace system in pland and can lead to ce combined withe extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels – indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. The aviation sector has currently insignificant levels of demand for food and feed crops- based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non- eligibility of crop-based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sectorstablishing market conditions with tailored incentives, should lead to ramping up the alternative fuels market in the Union. In addition, Annex V of this Directive addresses the GHG savings of each crop for each production pathway. While some feedstock indeed do not reduce as much emissions as others, they have on the other hand other advantages, such as the fact that they are available in Europe, that they produce also protein for livestock or that they are intermediate crops to protect the soil during winter. It is therefore recommended, in particular during the green transition, to allow the use of every fuel, where the feedstock is harvested under the sustainability criteria laid out in Article 29 of Directive (EU)2018/2001. Furthermore, Directive (EU) 2018/2001 limits and sets a cap on the use of biofuels in road and rail transport, which can be extended to all modes of transport. The aviation sector has currently insignificant levels of demand for food and feed crops-based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to use all types of sustainable aviation fuels in a cost effective manner to reach climate goals through effective measures.
Amendment 127 #
2021/0205(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A single, clear and robust sustainability framework is necessary to provide legal certainty and continuity for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/200112 . _________________ 12 https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32018 L2001&from=fr
Amendment 132 #
2021/0205(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. The Commission should propose measures to incentivise the development and the uptake of sustainable aviation fuels necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directiveare covered by the scope of this Regulation.
Amendment 142 #
2021/0205(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to the aviation market without supply shortages. For this purpose, sufficient lead-time should be planned to allow the renewable fuels industry to develop production capacity accordingly. The supply of sustainable aviation fuels should become mandatory starting in 2025. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time.
Amendment 143 #
2021/0205(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) Member States should be able to choose the supply infrastructure that is more efficient to comply with the minimun shares of sustainable aviation fuels. A mass balance system ensures that the sustainable aviation fuels blended with conventional fuel are traceable along the pipeline infrastructure connecting airports, refineries and fuel storage sites. Such a system also ensures the physical supply of sustainable aviation fuels to all the airports connected to the infrastructure, avoiding CO2 emissions and pollution from lorries and heavy vehicles.
Amendment 147 #
2021/0205(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) With the introduction and ramp-up of sustainable aviation fuels at Union airports, practices of fuel tankering may be exacerbated as a consequence of aviation fuel costs increases. Tankering practices are unstainable and should be avoided as they undermine the Union’s efforts to reduce environmental impacts from transport. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices also put at risk the level playing field in the Union between aircraft operators, and also between airports. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules and operation standards. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, at least for part of its flights, while ensuring high level of environmental protection. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankeringFor a level playing field between EU intra and extra flights, the Commission should regularly monitor, evaluate and report on fuel tankering cases and present to the European Parliament and the Council after the enter into force of this Regulation compensatory measures, if needed.
Amendment 152 #
2021/0205(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) The tradability of sustainable aviation fuel use, a so-called ‘book and claim’ system, should be introduced. By setting it up, within each airport covered by the Regulation, airlines would be able to purchase SAF certificates. Such a system would play an important role in monitoring the SAF production and consumption, in attesting their environmental and technical performance and in associating the various types of SAF with adequate incentives. Therefore, by 1 January 2025, the Commission should propose establishing ‘book and claim’ system through a delegated act.
Amendment 159 #
2021/0205(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Airports and the relevant parties involved in fuel supply covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the Agency should be able to require a Union airport and the relevant parties involved in fuel supply to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.
Amendment 161 #
2021/0205(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) AirportsOwners of fuel supply infrastructure covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the Agency should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.
Amendment 169 #
2021/0205(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) European SAF criteria should follow international standards and regulations at ICAO level to ensure global implementation and maximum environmental benefits, whilst ensuring a level playing field for all the stakeholders. A similar approach at ICAO level and for globally harmonized sustainability criteria should be advocate by the Union.
Amendment 170 #
2021/0205(COD)
(27 b) To further promote uptake of sustainable aviation fuels whose prices are predicted to remain multiple times higher than that of conventional fuel in the foreseeable future, aircraft operators covered under Directive 2003/87/EC should receive free allocations when using sustainable aviation fuels for activities covered under this Regulation.
Amendment 171 #
2021/0205(COD)
Proposal for a regulation
Recital 27 c (new)
Recital 27 c (new)
(27 c) An Aviation Transition Fund (‘the Aviation Fund’) should be established to provide funds to the Member States to support their policies supporting air transport sector decarbonisation. This should be achieved notably through development of innovative technologies for decarbonising the sector, production of sustainable alternative fuels as defined in this regulation, including systems for collection of raw materials for alternative fuels, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new engines and technologies and airports infrastructure. The Commission should submit a legislative proposal for the creation of the Aviation Fund. The Fund should be a fully budgeted expenditure programme within the MFF. The budgetary envelope for this programme should be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances and revenue generated from penalties raised in this Regulation. The Aviation Fund shall be implemented by the Commission in direct management in accordance with the relevant rules adopted pursuant to Article 322 TFEU, in particular Regulation (EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council.
Amendment 172 #
2021/0205(COD)
Proposal for a regulation
Recital 27 d (new)
Recital 27 d (new)
(27 d) The establishment of a European SAF Alliance by the Commission focuses on aligning the entire industrial value chain to boost production, distribution and use of the SAF. This platform formed by aircraft operators, Union airports with the relevant parties in fuel supply, aviation fuel suppliers and fuels producers, among others, has the aim of identifying policies, market developments and scale-up of SAF in Europe, taking into consideration the principle of technology neutrality.
Amendment 176 #
2021/0205(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The penalties for the suppliers who fail to meet the targets set in this Regulation should be complemented by the obligation to supply the market with the shortfall of meeting the quota in the subsequent year;, under the condition of availability of feedstock and provided that such an obligation does not constitute a dual penalty.
Amendment 178 #
2021/0205(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should include provisions for periodic reports to the European Parliament and the Council on the evolution of the aviation and fuels markets, the effectiveness of key features of the Regulation such as the minimum shares of sustainable aviation fuels, the level of administrative fines or policy developments on sustainable aviation fuels uptake at international level. Such elements are key to provide a clear state of play of the sustainable aviation fuels market and should be taken into account when considering a revision of the Regulation, and set new targets, where appropriate. In addition, the Commission should conduct a comprehensive impact assessment assessing the effect of all Fit for 55 proposals, including an in-depth analysis of EU competitiveness, carbon leakage, potential risk of mobility reduction and cost effectiveness of GHG emissions reductions.
Amendment 182 #
2021/0205(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A transitional period of 5 years should be provided to allow for a reasonable amount of time for aviation fuel suppliers, Union airports and the relevant parties involved in fuel supply and aircraft operators to make the necessary technological and logistical investments. During this phase, aviation fuel containing higher shares of sustainable aviation fuel may be used to compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at other airports.
Amendment 185 #
2021/0205(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate compliance costs in the affected sectors.
Amendment 193 #
2021/0205(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall apply to aircraft operators, Union airports with the relevant parties in fuel supply, and to aviation fuel suppliers.
Amendment 194 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
— ‘Union airport’ means an airport as defined in Article 2(2) of Directive 2009/12/EC of the European Parliament and of the Council13 , where passenger traffic was higher than 1 million passengers or where the freight traffic was higher than 100000 tons in the reporting period, and is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union. If any Union airport meets the exemption requirements, it may still opt to be covered by this Regulation. The Member State concerned shall report that information to the European Commission; _________________ 13 Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges
Amendment 197 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
— ‘Union airport’ means an airport as defined in Article 2(21) of Directive 2009/12/EC of the European Parliament and of the Council13 , where passenger traffic was higher than 1 million passengers or where the freight traffic was higher than 100000 tons in the year before the reporting period, and is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union; _________________ 13 Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges
Amendment 198 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
— ‘aircraft operator’ means a person that operated at least 729 commercial air transport flights departing from Union airports in the year before the reporting period or, where that person may not be identified, the owner of the aircraft;
Amendment 200 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
— ‘aircraft operator’ means a person that operated at least 729XX commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft;
Amendment 210 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 5
Article 3 – paragraph 1 – indent 5
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directiveor aviation biofuels, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;
Amendment 212 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 5
Article 3 – paragraph 1 – indent 5
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, whichfuels which save 55% of greenhouse gases as compared with fossil fuels, in line with Directive (EU) 2018/2001 and complying with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;
Amendment 233 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 8 a (new)
Article 3 – paragraph 1 – indent 8 a (new)
- Low carbon fuels means liquid and gaseous fuels which save at least 70% greenhouse gas emissions in comparison to conventional liquid or gaseous fossil fuels;
Amendment 238 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 13
Article 3 – paragraph 1 – indent 13
— ‘yearly aviation fuel required’ means the amount of aviation fuel defined as trip fuel and taxi fuel in accordance with EASA Fuel Policy, necessary to operate the totality of commercial air transport flights operated by an aircraft operator, departing from a given Union airport, over the course of a reporting period, taking into account operational restrictions and supply shortages;
Amendment 241 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 14
Article 3 – paragraph 1 – indent 14
— ‘yearly non-tanked quantity’ means the difference between the yearly aviation fuel required as defined as trip fuel and taxi fuel in accordance with EASA Fuel Policy and the actual fuel uplifted by an aircraft operator prior to flights departing from a given Union airport, over the course of a reporting period;
Amendment 242 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 15
Article 3 – paragraph 1 – indent 15
— ‘total yearly non-tanked quantity’ means the sum of the yearly non-tanked quantitiesdifference between the yearly aviation fuel required and the actual fuel uplifted by an aircraft operator at all Union airports over the course of a reporting period. The ratio between yearly aviation fuel required and the actual fuel uplifted shall not exceed the value of 105 %;
Amendment 243 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
–‘Mass balance’ means a system that allows for the blending of sustainable aviation fuel with conventional aviation fuel to be registered at each transfer point in the logistic infrastructure and ensures the physical supply of sustainable aviation fuel to airports and its traceability along the supply chain.
Amendment 244 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 16 a (new)
Article 3 – paragraph 1 – indent 16 a (new)
- The relevant parties in fuel supply: means a supplier of ground-handling services as define in Directive 96/67 /EC in charge of the infrastructures necessary for the delivery, storage and uplifting of sustainable aviation fuels;
Amendment 261 #
2021/0205(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airports covered by this Regulation contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I.
Amendment 268 #
2021/0205(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Without prejudice to the application of Article 11(3) and (4), where an aviation fuel supplier fails to supply the minimum shares set out in Annex I for a given reporting period, it shall at leastreport the reasons for SAF shortage to the European Union Aviation Safety Agency. The Commission may request that the aviation fuel supplier complement that shortfall in the subsequent reporting period, where possible, subject to availability of feedstock.
Amendment 274 #
2021/0205(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Without prejudice to the application of Article 4 paragraph 1, Member States jointly with the Commission may exclude airports where the costs are disproportionate to the environmental benefits, whilst ensuring the development of aviation fuels market in the Union, in accordance with Article 4 and Annex I. In such case Member States shall provide a reasonable explanation on their decision to the Commission.
Amendment 275 #
2021/0205(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Aviation fuel suppliers may demonstrate compliance with the obligation of the first paragraph if they use a mass balance system that registers the share of sustainable and synthetic aviation fuels physically supplied to the airports connected to their logistic infrastructure.
Amendment 279 #
2021/0205(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 285 #
2021/0205(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airport shall be at least 970% of the yearly aviation fuel required.
Amendment 287 #
2021/0205(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The Commission shall monitor, evaluate and report cases of fuel tankering to the European Parliament and the Council on an annual basis. Following the analysis, the Commission shall amend this Article where appropriate, at the latest after three years of the entry into force of this Regulation.
Amendment 288 #
2021/0205(COD)
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
An aircraft operator performing activities covered under Directive 2003/87/EC shall receive free allocation proportional with the use of sustainable aviation fuels, including renewable fuels of non- biological origin ( RFNBO), covered under this Regulation. For each type of sustainable aviation fuel reported, the amount of allowances received shall correspond to the amount of allowances, which the aircraft operator would have been required to surrender for the same volume of fossil kerosene, multiplied according to paragraph 3 of this Article, in accordance with Article XX of Directive 2003/87/EC. The amount of free allocation received by an aircraft operator shall be multiplied as follows, depending on the type of sustainable aviation fuel reported: (a) By a factor of 4 for biofuels produced from feedstock listed in Annex IX Part A of the Renewable Energy Directive. (b) By a factor of 2 for biofuels produced from feedstock listed in Annex IX Part B of the Renewable Energy Directive. (c) By a factor of 6 for renewable fuel of non-biological origin, as defined under the Renewable Energy Directive. An aircraft operator shall also receive free allocation proportional with the use of best available aircraft technology in the previous year: (a) The aircraft models eligible as best available aircraft technology shall be those defined with respect to the performance against the New Type ICAO CO2 standard in a delegated act developed under the EU taxonomy.Until the Commission adopts such a delegated act, the performance thresholds defined in the report of the Platform on Sustainable Finance shall apply. (b) An operator shall report its share of flights using best available aircraft technology, in relation to their total emissions in a given year to the competent authorities.They shall request that the reported data is substantiated and verify the data. (c) To reduce administrative burden on authorities and operators, the latter may choose not to report this share, resulting on no free allowances for the use of best available aircraft technology.
Amendment 292 #
2021/0205(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a SAF Alliance Within one year after the entry into force of this Regulation, a European SAF Alliance shall be established. The European SAF Alliance shall be coordinated by the Commission with the aim to identify policies for scaling-up of SAF in Europe, inter alia by encouraging the production for the most innovate technologies, identifying policies and market developments, and addressing possible negative impacts of this Regulation. The participation in the European SAF Alliance shall be voluntary..
Amendment 297 #
2021/0205(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Obligations of Union airports and the relevant parties involved in fuel supply to provide the infrastructure
Amendment 302 #
2021/0205(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Obligations of Union airports to provide the infrastructure
Amendment 309 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Union airports and the relevant parties involved in fuel supply shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels.
Amendment 310 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Owners of fuel supply infrastructure in Union airports shall take the necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels.
Amendment 313 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency may request the Union airport and the relevant parties involved in fuel supply to provide the information necessary to prove compliance with paragraph 1. The Union airport concernedand the relevant parties involved in fuel supply shall provide the information without undue delay.
Amendment 315 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency may request the Union airportowner of the infrastructure to provide the information necessary to prove compliance with paragraph 1. The Union airportowner of the infrastructure concerned shall provide the information without undue delay.
Amendment 324 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airportowner of the infrastructure does not fulfil its obligations. Union airportsOwners of infrastructure shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 5 years after the entry into force of the Regulation or after the year when they exceed one of the thresholds in Article 3(a) first indent.
Amendment 326 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airport does not fulfil its obligations. Union airportsand the relevant parties involved in fuel supply does not fulfil its obligations. Union airports and the relevant parties involved in fuel supply shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 5 years after the entry into force of the Regulation or after the year when they exceed one of the thresholds in Article 3(a).
Amendment 331 #
2021/0205(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Aviation Transitional Fund A dedicated Aviation Transition Fund (“the Aviation Fund”) shall be proposed by the Commission through a dedicated act in order to support and accelerate projects, investments, innovations and first industrial application facilitating decarbonisation in the EU aviation sector. The Aviation Fund shall constitute an integral part of the EU budget and shall be fully budgeted within the MFF ceilings. The budgetary envelope for this programme shall be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances and revenue generated from penalties raised in this Regulation. The Aviation Fund shall be managed centrally by the Commission. The dedicated Aviation Fund shall support the transition to energy efficient and climate resilient EU aviation sector supporting development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels as defined in this Regulation, including systems for collection of raw materials and plants for SAFs, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new aircraft engines and technologies, aircraft operation and performance and airports infrastructure. The Fund shall aim at a geographical balanced support of the sectors covered, taking into account specific sectoral circumstances and investment needs.
Amendment 338 #
2021/0205(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
By 31 March of each reporting year, aircraft operators shall report the following information to the Agency, if provided by the fuel supplier:
Amendment 343 #
2021/0205(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 349 #
2021/0205(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) For each purchase of sustainable aviation fuel, the name of the aviation fuel supplier, the total amount purchased expressed in tonnes, the conversion technology, the characteristics and origin of the feedstock used for production, and the lifecycle emissions of the sustainable aviation fuel. Where one purchase includes sustainable aviation fuels with differing characteristics, the report shall provide this information for each type of sustainable aviation fuel.
Amendment 356 #
2021/0205(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
For the purpose of reporting sustainable aviation fuels use under the provisions of Article 7 of this Regulation, or under a greenhouse gas scheme, aviation fuel suppliers shall provide aircraft operators with the relevant information free of charge, not later than 31January of each reporting year.
Amendment 359 #
2021/0205(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
By 31 MarchJanuary of each reporting year, aviation fuel suppliers shall report in the Union Database referred to in Article 28 of Directive (EU) 2018/2001, the following information relative to the reporting period:
Amendment 363 #
2021/0205(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) The lifecycle emissions, of sustainable aviation fuel, the characteristics and origin of feedstock and conversion process of each sustainable aviation fuel type supplied at Union airports.
Amendment 373 #
2021/0205(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
(1) Member States shall designate the competent authority or authorities responsible for enforcing the application of this Regulation and for imposing the fines for aircraft operators, Union airports, the relevant parties involved in fuel supply and fuel suppliers. Member States shall inform the Commission thereof.
Amendment 375 #
2021/0205(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
(3) The competent authoritiesy or authorities, depending on particular situation of a Member State, in respect of an aircraft operator shall be determined pursuant to Commission Regulation (EC) No 748/200916 . _________________ 16 Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC
Amendment 376 #
2021/0205(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
(4) The competent authoritiesy or authorities, depending on particular situation of a Member State, in respect of Union airports shall be determined on the basis of the respective territorial jurisdiction.
Amendment 377 #
2021/0205(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
(5) The competent authoritiesy or authorities, depending on particular situation of a Member State, in respect of aviation fuel suppliers shall be determined pursuant to their Member State of establishment.
Amendment 378 #
2021/0205(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) Member StatesThe Commission shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and Member States shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notifyThe Commission shall deliver these provisions to the CommissionMember States by 31 December 2023 at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 391 #
2021/0205(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 396 #
2021/0205(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the InvestEU Green Transition Investment Facility, as a top-up to the EU guaranteeAviation Fund.
Amendment 401 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) The amount of sustainable aviation fuel and of synthetic aviation fuel per type of fuel feedstock supplied at Union level in aggregate and by Union airport;
Amendment 406 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) The status of compliance of airports and the relevant parties involved in fuel supply regarding obligations set out in Article 6;
Amendment 409 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) The origin and the characteristics and the conversion technology of all sustainable aviation fuels purchased by aircraft operators for use on flights departing from Union airports., covered by this Regulation;
Amendment 412 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f a (new)
Article 12 – paragraph 1 – point f a (new)
(f a) The state of play of the SAF life cycle development and deployment.
Amendment 422 #
2021/0205(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 31 December 2025, the Commission shall conduct a comprehensive impact assessment, assessing the effect of all Fit for 55 proposals, where this Regulation is an integral part of, including an analysis of EU competitiveness, including hub transfer, risk of mobility reduction, cost effectiveness of GHG emissions reductions, total rise of costs, investment needs and total additional number of jobs lost or severely transformed before applying assumptions on potential new job creation.Following its result, the Commission shall determine whether it is justified to revise this Regulation, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global GHG emissions reduction and preserve a level-playing field. By 1 January 20286 and every fivthree years thereafter, the Commission services shall present a report to the European Parliament and the Council, on 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 Directivreflecting upon available policy options on other energy sources defined under the Renewable Energy Directive, taking into consideration the principle of technological neutrality and propose, where appropriate, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include 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.
Amendment 432 #
2021/0205(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
By 1 January 2029, the Commission shall reassess the targets referred to in Article 4 and Annex I as of 1 January 2035 based on the development of the fuel market, research and technological development as well as the condition of the aviation sector in order to facilitate the green transition and reach the climate goals.
Amendment 435 #
2021/0205(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a Compensatory regulatory reduction The Commission shall present, by [1 year before the entry into force of this Regulation], and in line with its communication on the application of the “one in, one out” principle, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the affected sectors. The Commission shall consider possible amendments to this Regulation with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Regulation, keeping administrative burdens to a minimum
Amendment 453 #
2021/0205(COD)
Proposal for a regulation
Annex I – point b
Annex I – point b
(b) From 1 January 2030, a minimum share of 510% of SAF, of which a minimum share of 0.7% of synthetic aviation fuels;
Amendment 123 #
2021/0171(COD)
Proposal for a directive
Recital 15
Recital 15
(15) A number of Member States have applied Directive 2008/48/EC to areas not covered by its scope to enhance the level of consumer protection. In fact, several of the credit agreements not falling within the scope of that Directive can be detrimental for consumers, including short-term high cost loans whose amount is typically lower than the minimum threshold of EUR 200 set out in Directive 2008/48/EC. In this context, and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market, the scope of this Directive should cover some agreements that were excluded from the scope of Directive 2008/48/EC, such as consumer credit agreements below the amount of EUR 200. Likewise, other potentially detrimental products, because of the high costs they entail or high fees in case of missed payments, should be covered by this Directive, albeit subject to a strict application of the principle of proportionality in order to avoid an undue administrative burden, to ensure increased transparency and better consumer protection, resulting in higher consumer confidence. To this extent, leasing agreements, credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month, and credit agreements where the credit is granted free of interest and without any other charges, including Buy Now Pay Later schemes, i.e. new digital financial tools that let consumers make purchases and pay them off over time, and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this Directive. Moreover, all credit agreement up until EUR 100 000 should be included in the scope of application of this Directive. The upper threshold of credit agreements under this Directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.
Amendment 133 #
2021/0171(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Consumers who are legally resident in the Union should not be discriminated against on ground of their nationality or place of residence, or on any ground as referred to in Article 21 of the Charter when requesting, concluding or holding a credit agreement or an agreement for the provision of crowdfunding credit services within the Union. However, nothing in this Directive should be construed to oblige a creditor, credit intermediary or provider of crowdfunding credit services to provide services in Member States in which they do not conduct the business.
Amendment 134 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j a (new)
Article 2 – paragraph 2 – point j a (new)
(ja) credit agreements for deferred debit products Low risk credit products are in scope of this Directive, but Articles 18, 30 and 31 do not apply to the provision of such products.
Amendment 140 #
2021/0171(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them, in particular, to compare different offers. Such information should be given in a clear, concise and prominent way by means of a representative example. The standard information should be shown upfront and saliently, in a clear way and in an engaging format. It should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens and/or digital channels. Temporary promotional conditions, such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services, should be clearly identified as such. Consumers should see all essential information at a glance, with further information made available on the consumer by clicking or swiping even when they watch it on the screen of a mobile telephone. The creditor and, where applicable, credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor, the credit intermediary or provider of crowdfunding credit services quickly and efficiently. A ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available, in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. The ceiling should indicate the upper limit of credit which can be made available to the consumer. In specific and justified cases, in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it, such as in radio advertising or digital channels, the amount of information disclosed could be reduced. General and generic information should be provided through an appropriate medium which may include digital channels such as the undertaking's websites, etc. In addition, Member States should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit.
Amendment 148 #
2021/0171(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to be able to make their decisions in full knowledge of the facts, consumers should receive adequate information, for careful consideration at their own leisure and convenience, at least one daywithin a reasonable time prior to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services, including information on the conditions and cost of the credit and on their obligations, as well as adequate explanations thereof. These rules should be without prejudice to Council Directive 93/13/EEC29 . _________________ 29 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 149 #
2021/0171(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to be able to make their decisions in full knowledge of the facts, consumers should receive adequate information, for careful consideration at their own leisure and convenience, at least one dayin good time prior to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services, including information on the conditions and cost of the credit and on their obligations, as well as adequate explanations thereof. These rules should be without prejudice to Council Directive 93/13/EEC29 . _________________ 29 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 165 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 25 a (new)
Article 3 – paragraph 1 – point 25 a (new)
(25a) deferred debit’ is a payment instrument offering a deferred debit of not more than 40days, repaid in full in one single payment, free of interest and incurring no other costs for the consumer except those linked to membership ancillary benefits and foreign exchange or other fees related to the manner of accessing the deferred debit facility;
Amendment 166 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 25 b (new)
Article 3 – paragraph 1 – point 25 b (new)
(25b) low risk credit products’ means products where no interest is charged, there are no significant fees directly linked to the provision of the credit and revenue from late payment or default makes up in each financial year less than 1% of the total revenue generated by the product for the provider.
Amendment 168 #
2021/0171(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Credit sales that have not been solicited by the consumers may in some cases be associated with practices that are harmful to the consumer. In this regard, harmful unsolicited sale of credit, including non- requested pre-approved credit cards sent to the consumers, or the unilateral increase of a consumers’ overdraft, overrunning or credit card limit, should be prohibited.
Amendment 175 #
2021/0171(COD)
Proposal for a directive
Recital 46
Recital 46
(46) It is essential that the consumer’s ability and propensity to repay the credit is assessed and verified before a credit agreement or an agreement for the provision of crowdfunding credit services is concluded. That assessment of creditworthiness should be done in the interest of the consumer and in keeping with the principle of proportionality, to prevent irresponsible lending practices and over- indebtedness, and should take into consideration all necessary and relevant factors that could influence a consumer’s ability to repay the credit. Member States should be able to issue additional guidance on additional criteria and methods to assess a consumer’s creditworthiness, for example by setting limits on loan-to-value or loan- to-income ratios.
Amendment 183 #
2021/0171(COD)
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47 a) Taking into account the principle of proportionality, this Directive should lay down special rules for assessing the creditworthiness of consumers for ‘small value credit’ as defined in the definition norms. In this regard, data other than those specified in the Directive should not be consulted when assessing creditworthiness.
Amendment 200 #
2021/0171(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Consumers should have a right of withdrawal without penalty and with no obligation to provide justification. However, the right of withdrawal should not be used in bad faith that is why this Directive also sets an objective deadline for exercising the right of withdrawal.
Amendment 229 #
2021/0171(COD)
Proposal for a directive
Recital 86 b (new)
Recital 86 b (new)
(86 b) Due to the ubiquitous trend of digitalisation and the emergence of new service providers in the consumer credit market, the European Commission should actively monitor the situation on the market and propose review of the Directive if new forms of actors appear whose business is not currently covered by this Directive.
Amendment 241 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f a (new)
Article 2 – paragraph 2 – point f a (new)
(f a) credit agreements where the credit is granted free of interest and without any other charges other than late payment fees;
Amendment 244 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) credit agreements which relate to the deferred payment, free of interests and without any other charges, of an existing debt;
Amendment 249 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j a (new)
Article 2 – paragraph 2 – point j a (new)
(j a) credit agreements for deferred debit products Low risk credit products are in scope of this Directive, but Articles 18, 30 and 31 do not apply to the provision of such products.
Amendment 274 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘credit agreement’ means an agreement whereby a creditor grants or promises to grant to a consumer credit in the form of a deferred payment, loan or other similar financial accommodation, except for: I) agreements for the provision on a continuing basis of services or for the supply of goods of the same kind, where under which the consumer pays for for such services or goods for the duration of their provision by means of instalments; , (II) rental or leasing contracts in which the obligation to purchase the object to which the contract relates is not established either by the contract itself or by any other contract;such an obligation shall be deemed to exist if the creditor so decides unilaterally; (III) deferred payment of an invoice where the trader grants the consumer time to pay the invoice, free of interest and free of any other charge, including penalties, as agreed between the parties, as set out in the supplier’s invoice or as established by law, and where this payment is to be made within 30 days of the issuing of the invoice;
Amendment 279 #
2021/0171(COD)
(3 a) 'small value credit’ means a credit agreement involving a total amount of credit of up to EUR 200;
Amendment 304 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
‘deferred debit’ is a payment instrument offering a deferred debit of not more than 40 days, repaid in full in one single payment, free of interest and incurring no other costs for the consumer except those linked to membership ancillary benefits and foreign exchange or other fees related to the manner of accessing the deferred debit facility.”
Amendment 305 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
‘low risk credit products’ means products where no interest is charged, there are no significant fees directly linked to the provision of the credit and revenue from late payment or default makes up in each financial year less than 1% of the total revenue generated by the product for the provider
Amendment 340 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Without prejudice to (Digital Services Act Regulation) and Regulation 2016/679 (GDPR), if online advertisement concerning credit agreements covered by this regulation are based on personalized data they must clearly and unambiguously inform the consumer of this.
Amendment 341 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Where the means used to communicate the standard information does not allow the information to be displayed visually in a simple manner, the consumer shall be able to access additional information through a hyperlink.
Amendment 358 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services provide the consumer with the pre-contractual information needed to compare different offers in order to take an informed decision on whether to conclude a credit agreement or crowdfunding credit services on the basis of the credit terms and conditions offered by the creditor or by the provider of crowdfunding credit services and, where applicable, the preferences expressed and information supplied by the consumer. Such pre-contractual information shall be provided to the consumer at least one dayin good time before he or she is bound by any credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services.
Amendment 359 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services provide the consumer with the pre-contractual information needed to compare different offers in order to take an informed decision on whether to conclude a credit agreement or crowdfunding credit services on the basis of the credit terms and conditions offered by the creditor or by the provider of crowdfunding credit services and, where applicable, the preferences expressed and information supplied by the consumer. Such pre-contractual information shall be provided to the consumer at least one day within a reasonable time before he or she is bound by any credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services.
Amendment 542 #
2021/0171(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Without prejudice to the creditor’s ability to make offers to consumers, Member States shall prohibiensure that any sale of credit to consumers, withou is carried out at their prior request and with their explicit agreement.
Amendment 577 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 c (new)
Article 18 – paragraph 2 c (new)
2 c. Member States shall ensure that creditors or providers of crowdfunding services are held liable and are subject to appropriate sanctions in case of a breach of the above-mentioned provision.
Amendment 631 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 9 a (new)
Article 18 – paragraph 9 a (new)
9 a. This article shall apply without prejudice to Regulation (EU) n°2016/679 (GDPR).
Amendment 634 #
2021/0171(COD)
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1 (new)
Article 19 – paragraph 1 – subparagraph 1 (new)
Member States shall ensure that only those creditors and providers of crowdfunding credit services who are under the supervision of the competent national authority and who fully comply with Regulation (EU) n°2016/679 (GDPR) have access to the database.
Amendment 637 #
2021/0171(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. ThState or private databases referred to in paragraph 1 shall hold at least information on consumers’ arrears in payment and shall not hold personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation nor data collected from digital social networks.
Amendment 639 #
2021/0171(COD)
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 1 (new)
Article 19 – paragraph 4 – subparagraph 1 (new)
Member States shall ensure that consumers are notified within thirty days of the registration of any negative credit data in a database, informing them of the possibility of exercising their right of access, rectification, erasure and opposition, in line with Regulation (EU) n°2016/679 (GDPR).
Amendment 676 #
2021/0171(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 1 a (new)
Article 26 – paragraph 1 – subparagraph 1 a (new)
Amendment 682 #
2021/0171(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2 a (new)
Article 26 – paragraph 1 – subparagraph 2 a (new)
The withdrawal period shall expire 12 months after the end of the initial withdrawal period.
Amendment 794 #
2021/0171(COD)
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1 (new)
Article 46 – paragraph 1 – subparagraph 1 (new)
In the evaluation referred to in the paragraph (1), the European Commission will include an assessment of new forms of service providers participating in the consumer credit market with a special focus on digital trends and will propose the necessary amendment to the Directive accordingly.
Amendment 4 #
2020/2217(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s intention to create a genuine single market for data as it will be the backbone of Europe’s data economy; considers that ensuring trust in digital services and in smart products is fundamental for the digital single market to grow and thrive and should be at the heart of both public policy and business models; underlines that that the creation of a single market for data is not an objective per se, but it should allow European companies and citizens to develop and benefit from innovative and competitive services and products;
Amendment 24 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European valueWay of Life's common values such as protection of fundamental rights and fairness in competition; believes that citizens’ data could help in developing innovative green solutionmore sustainable solutions for products and services that would benefit European consumers and companies; asks the Commission to consider how to supportpromote data altruism in full compliance with European legislation;
Amendment 29 #
2020/2217(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the need to address specific issues that could arise on the control of consumers’ data in particular when the concerned consumers are minors; asks the Commission to clarify the responsibilities for the collection of data and the rules governing consent; furthermore asks the Commission to ensure that the rights of consumers with disabilities are respected at all times and that they can equally benefit from the advantages of the creation of the single market for data;
Amendment 44 #
2020/2217(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the need to create a singlecommon European data spaces with the aim of ensuring the free flow of non- personal data across borders and sectors; believes furthermore that the framework for the governance of common European data spaces should be built on the principles laid down in the Regulation on free flow of non-personal data; underlines the principle of the free flow of non- personal data as imperative for a single market for data, providing a level playing field for data sharing between stakeholders, taking into account in particular EU SMEs’ needs and allowing them to scale up and operate cross-border in the internal market; considers that business- to-business (B2B) and business-to- government (B2G) data sharing should be voluntary, while mandatory access to data should also be envisaged to remedy potential market failures;
Amendment 52 #
2020/2217(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that mandatory access to data should also be envisaged to remedy potential market failures and considers in this regard that detailed provisions should be laid down in the upcoming Digital Markets Act; underlines that the proposal for a Digital Market Act should lay down provisions according to which economic entities considered as gatekeepers in the internal market should be required to contribute to data sharing with the relevant stakeholders;
Amendment 64 #
2020/2217(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights that the Data Act should lay down provisions for the use of high quality and reliable datasets that are essential for the creation of a well- functioning single European data space and as well as for helping the EU companies to develop high quality products and services across the internal market;
Amendment 73 #
2020/2217(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission to ensure consistency between the Data Act and the framework for the governance of common European data spaces, on the one hand, and the proposals under the Digital Services Act package on the other;
Amendment 84 #
2020/2217(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, including codes of conduct, certification and standards, in a ‘cloud rulebook’; calls on the Commission to facilitate safe common European data spaces, based on a trustworthy and secure infrastructure with strong cybersecurity tools; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid unnecessary transaction costs and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges.;
Amendment 3 #
2020/2216(INI)
Motion for a resolution
Recital A
Recital A
A. whereas substantial barriers still exist for the realisation of the full potential of the digital single marketin the digital single market still exist and they have to be removed in order to realise its full potential, and whereas a common EU approach is essential for its success;
Amendment 6 #
2020/2216(INI)
Motion for a resolution
Recital B
Recital B
B. whereas digitalisation has the potential to add significant value to the single market as a whole, and is important for both European consumers as well as traditional and non-traditional sectors;
Amendment 23 #
2020/2216(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance of a fully functioning digital single market for the benefit of consumers and enterprises and asks for SMEs to be supported in their digital transformation and expects from the Commission to introduce a fitness check for SMEs before proposing legislation;
Amendment 32 #
2020/2216(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that digitalisation and emerging technologies such as AI will be important for achieving the objectives of the Green Deal and for economic recovery from the COVID-19 crisis; considers that the COVID-19 crisis also offers an opportunity to speed up digitalisation, and that the digital transformation must serve the public interest overall;
Amendment 44 #
2020/2216(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to follow the ‘one in, one out’ principle in its future legislative proposals, and to addressvoid the fragmentation of the digital single market, remove any existing unjustified barriers in particular administrative burdens, and support innovation by reducing red tapeespecially for SMEs;
Amendment 84 #
2020/2216(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Outlines that consumer protection should play an important role in the Digital Services Act and is convinced that transparency and due diligence for online marketplaces would enhance the safety of products and therefore strengthen the trust of consumers in online marketplaces;
Amendment 98 #
2020/2216(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly believes that AI can be a force for good for all European citizens, and offer significant benefits and value for the economy, safety, security, education, healthcare, transport and the environment; believes the safety, security, inclusiveness, accessibility and fairness, especially for groups in vulnerable situations, of AI- driven products and services need to be ensured;
Amendment 125 #
2020/2216(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the Commission’s white paper on AI, and calls on the Commission to develop a common EU regulatory framework for AI that is risk-based, proportionate and clear, clear and future-proof;
Amendment 130 #
2020/2216(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that, to varying degrees, AI is already subject to current European legislation, and calls on the Commission to issue clear guidance on the functioning and synergy between any current applicable legislation and any proposed new measures; considers it important not toto concentrate on filling the existing legal gaps in order to avoid over-regulateing AI;
Amendment 141 #
2020/2216(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that the objective of a regulatory framework for AI should be to create an internal market for trustworthy and safe AI-enabled products, applications and services, and that this should be based on Article 114 of the TFEU;
Amendment 160 #
2020/2216(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that a voluntary labelling scheme for trustworthy high-risk AI, based on clear and common guidance drawn up by the Commission, could help improve consumer trust;
Amendment 167 #
2020/2216(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Strongly believes that new regulatory requirements and assessments should be both understandable and implementable, and incorporated into existing sector specific requirements where possible and keep administrative burdens to a minimum;
Amendment 196 #
2020/2216(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to update the existing product safety and liability framework in order to address new challenges posed by emerging digital technologies such as artificial intelligence;
Amendment 1 #
2020/2131(INI)
Draft opinion
Recital 1 a (new)
Recital 1 a (new)
1a. Whereas SMEs are the backbone of the European economy and represent 99% of EU companies;
Amendment 2 #
2020/2131(INI)
Draft opinion
Recital 1 b (new)
Recital 1 b (new)
1b. Whereas European SMEs are currently experiencing unprecedented challenges because of the COVID-19 crisis that threatens their very existence;
Amendment 3 #
2020/2131(INI)
Draft opinion
Recital 1 c (new)
Recital 1 c (new)
1c. Whereas only 17% of SMEs have so far successfully integrated digital technology into their businesses and digitalisation is crucial for a strong economic growth and creation of jobs within the internal market;
Amendment 4 #
2020/2131(INI)
Draft opinion
Recital 1 d (new)
Recital 1 d (new)
1d. Whereas 78% of SMEs see administrative costs as one of the main barriers for their future growth;
Amendment 5 #
2020/2131(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WStrongly welcomes the SME strategy and shares the Commission’s view that SMEs, are essential to the European economy the backbone of the European economy and absolutely essential for economic growth and job creation as well as for a strong and well- functioning internal market; encourages the Commission to swiftly take further initiatives to properly support EU SMEs with the aim to address both the short- term consequences of the crisis and the long-term challenges such as the digitalisation and the transition to a more sustainable internal market;
Amendment 13 #
2020/2131(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the implementation of the SME strategy should focus primarily on supporting SMEs to help them maintain their existence and by aiming at their full recovery and growth, as the COVID-19 crisis has delivered a shock to many SMEs and their crucial role in the everyday life of Europeans; underlines that action should also be taken to support SMEs scaling-up and to enhance their cross- border activities in order to benefit the most from the internal market; recalls that further action should be taken to safeguard SMEs from unfair competition from third countries global players;
Amendment 18 #
2020/2131(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that improved access to finance and liquidity are necessary to support SMEs and that EU funds together with national measures are necessary to allow companies to bridge liquidity gaps caused by the crisis; highlights that SMEs need support to compensate for loss in revenues, to finance fixed costs and avoid bankruptcies; calls for supporting possible access to diverse financial resources for SMEs in order for them not to be dependant only on banking system but also to consider the use of other means including private equity and crowdfunding;
Amendment 19 #
2020/2131(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for the synchronisation of all financial tools aimed at supporting SMEs within the internal market; insists that programmes crucial for SMEs competitiveness, development and resilience to the crisis, must be included in the next Multiannual Financial Framework and guaranteeing a necessary level of funding that supports them; COVID-19 support schemes should be tailor-made to address challenges of the different sectors affected and to coordinate EU funding with national and regional initiatives; recovery funding also needs to address additional costs that SMEs in particular have to face when complying with additional safety rules during and after the crisis; the European Investment Bank must also continue to support SMEs in particular as part of the sustainable finance approach;
Amendment 22 #
2020/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that SMEs should not be burdened as little as possible and encourages the Commission to use strong enforcement action to ensure that the single market benefits all businesses and consumers and to counter gold-plating and other regulatory restrictions by making use of all available tools and bodies, such as the SMEs Envoy and the Regulatory Scrutiny Board, in order to create a level playing field in cross-border business in the internal market;
Amendment 31 #
2020/2131(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for a roadmap towards achieving a major reduction in administrative burden and bureaucracy affecting SMEs in the internal market, to boost SMEs potential for investments and speed up EU economic recovery; this should include the following elements: - supporting SMEs to operate cross- border thus fully reaping the benefits of the internal market; - encouraging scale-up; - strengthening and mainstreaming the SMEs dimension in all impact assessments through a binding SME test performed at an early stage of the impact assessment to analyse the economic impact of legislative proposals, including the compliance costs; - applying of the one-in-one-out rule in such a way that for any additional compliance cost introduced by new legislation, the corresponding amount of compliance cost is reduced; - reducing the regulatory burden through concrete targets at EU and national level (such as a reduction by 30% or cut 1000 outdated rules and regulations), in order to make a real benefit for SMEs to grow and prosper within the EU internal market;
Amendment 37 #
2020/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the crucial role of data as the lifeblood of the digital economy; supports the Commission in establishing European data spaces for trusted and secure data sharing to ramp up data flows between businesses and with governments; underlines that SMEs must be given a fair share of the added value of the data they generate and highlights that interoperability and non-discriminatory access to data, including platforms’ data, are key to ensure a digital level playing field within the internal market and to successfully deal with challenges and opportunities emerging from data sharing, data security and cybersecurity issues across the whole internal market;
Amendment 43 #
2020/2131(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that there is the need to facilitate the SMEs’ uptake of Artificial Intelligence by promoting the creation of SME cross-border Alliances for AI in strategic value chains within the internal market, as well promoting investment in the next generation of standards, tools and infrastructures to store and process data; points out that it is important to ensure SMEs’ access to and awareness of ICT standards to innovate and provide more tailored digital solutions;
Amendment 46 #
2020/2131(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that start-ups represent the SMEs with the higher potential to grow in new digital sectors such as AI, IOT and robotics; stresses that also microenterprises and micro-companies, that do not dispose of sufficient resources or infrastructure for digital transformation, must have access to sufficient financial resources and be adequately supported; recalls that also traditional SMEs focused on the sustainable development of the society are threatened heavily by the crisis in several sectors and should be adequately supported;
Amendment 50 #
2020/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages Member States to implement the single digital gateway in an SME-friendly way by cooperating closely with regional and local authorities as well as with the other Member States and by providing easy digital access to information, procedures, and services linked to doing business across borders, including advice on public procurement and funding sources;
Amendment 63 #
2020/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to simplify procurement tendering processes by using the flexibility of the EU’s newCommission’s new guidance within the EU’s public procurement framework and to enhance opportunities for SMEs in the internal market by using digital tools and platforms to expand cross-border procurement; stresses that greensustainable public procurement can make an important contribution to building a sustainable economythe transition to a more sustainable economy and that SMEs need the right support to bring forward this transition;
Amendment 64 #
2020/2131(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to increase the SMEs’ share of government contracts, enhancing their access to public procurement and combating tendering criteria that set requirements beyond the fundamental elements of the service or goods purchased, such as price, quality and sustainability;
Amendment 67 #
2020/2131(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines the need for a significant increase in the SMEs participation in the EU public procurement market; recalls the importance of a European public procurement market for SMEs which is based on moderate-sized tenders that allow them to participate in the procurement process and where real and fair competition between market actors can take place within the internal market; furthermore underlines that is important to make the European Single Procurement Document (ESPD) more accessible to SMEs; calls for the creation of digital tools such as platforms for enhancing the access to relevant public procurement information for SMEs;
Amendment 69 #
2020/2131(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines the fact that late payments account for a quarter of all SME bankruptcies in the EU; urges the Commission to swiftly equip the Late Payment Directive1 with strong monitoring and enforcement tools so as to ensure and promote prompt payments as a norm across the single market, including through an active use of infringement procedures in cases where the Directive is not properly implemented; to that aim, encourages Member States to appoint an independent enforcement authority in charge of monitoring the proper application of the late payment rules and empowered to impose penalties in case of delays in payment times. __________________________ 1 Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions, OJ L 48, 23.2.2011, p. 1.
Amendment 74 #
2020/2131(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 80 #
2020/2131(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Points out that midcap companies that exceed the criteria of the SME definition contribute significantly to growth and job creation with in the internal market, but receive too little support; calls on the Commission to consider a revision of the current SMEs definition and propose an additional separate midcap definition ensuring that small midcaps with 250 to 499 employees in particular can be better relieved and promoted, while making sure that SMEs funding is not reduced for those SMEs meeting the current criteria.
Amendment 26 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that, based upon the comprehensive evidence base, the Commission’s new Industrial Strategy should prioritise the economic recovery and citizens' welfare and opportunities, so as to underline the common commitment to rebuilding the Single Market and delivering benefits for all Member States and their citizens; believes that any adopted legislation or set of priorities should be preceded by impact assessments, particularly on potential costs and burdens for European companies, and should respect the “One- in, one-out” principle assumed by President Von der Leyen to cut red tape;
Amendment 94 #
2020/2076(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses that the digitalization of the Customs Union and reinforced verification before industrial input materials enter the internal market are necessary to ensure that European standards are respected on all imports;
Amendment 95 #
2020/2076(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Underlines the need to strengthen European industry to develop new markets for a climate-neutral, circular economy and a fully-functioning market for secondary raw materials;
Amendment 96 #
2020/2076(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Stresses the importance of the EU enhancing cooperation between the European institutions, Member States, the EIB, key industrial and innovative stakeholders, SMEs and building new partnerships in strategic areas, such as the European Battery Alliance (EBA), creating competitive manufacturing value chains in Europe in line with the Green Deal’s digital and environmental objectives;
Amendment 102 #
2020/2076(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Recalls that the automotive sector is touched by many of the transformations expected inmany sectors which are extremely important for the European economy, such as the fauturomotive seconomy andtor, hasve been deeply affected by the impact of the COVID-19 pandemic; considers that the revised Industrial Strategy should foresee particular actions for thisese sectors, including appropriate financial support which will not adversely affect the competitiveness of the Single Market economy.
Amendment 108 #
2020/2076(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers that the revised Industrial Strategy should aim at achieving self-sufficiency for the EU in the production of protective medical equipment and active ingredients for the production of medicines in order to guarantee the availability of products to consumers and avoid weakening and fragmenting the Single Market by imposing export restrictions between Member States.
Amendment 111 #
2020/2076(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Highlights the need to develop smart IP policies to uphold and strengthen Europe’s industrial sovereignty and competitiveness and promote a global level playing field, while better combating IP theft.
Amendment 113 #
2020/2076(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Underlines that new technologies such as Artificial Intelligence (AI), the Internet of Things (IoT) and robotics play a key role, proportional to their potential to contribute to development of industrial processes and innovations, offering benefits for consumers through innovative products and services and for businesses through optimised performance; underlines that the industrial policy should take into account Union’s legal framework for consumer safety and liability should fit in due time technological developments and ensure high level of consumer protection, creation of trust in new technologies and legal certainty for businesses;
Amendment 12 #
2020/2023(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Raises concern about the UK’s position on the future partnership with the EU, and thus emphasises that rights and privileges entail obligations and that the level of access to the EU single market should fully correspond to the extent of regulatory convergence and commitments agreed with respect to observing a level playing field for open and fair competition with a view to dynamic alignment;
Amendment 18 #
2020/2023(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the envisaged partnership should include an ambitious Comprehensive Air Transport Agreement which ensures the EU’s strategic interestcontaining appropriate provisions related to the access to the market and investment included in the most ambitious Union bilateral agreements, provided that it is in the Union's interest and respects a balance of rights and obligations;
Amendment 31 #
2020/2022(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that online intermediaries, including microcompanies, SMEs and large players have differing capabilities with regard to the moderation of content; warns that overburdening businesses with disproportionate new obligations could further hinder the growth of SMEs and require recourse to automatic filtering tools, which may often lead to the removal of legal content;
Amendment 39 #
2020/2022(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls the fact that mdisinformativeon and harmful content is not always illegal in every Member State; calls, therefore, for the establishment of a well-defined notice- and-takedown process; supports an intensive dialogue between authorities and relevant stakeholders with the aim of deepening the soft law approach based on good practices such as the EU-wide Code of Practice on Disinformation,action mechanism; Believes that such a process adding requirements for platforms to take any measures regarding the content they host must take note of the significant differences between digital services and be proportionate to their scale of reach and operational capacities so as to avoid unnecessary regulatory burdens for the platforms and any restrictions of fundamental rights as a result, such as any restriction on the freedom of expression; Supports greater cooperation between Member States, competent authorities and platforms with the aim of developing and improving soft law approaches in order to further tackle mdisinformation;
Amendment 55 #
2020/2022(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the introduction of appropriate safeguards, due process obligations and counter- notice toolprocedures to allow content owners to defend their rights adequately and in a timely manner when notified of any takedown; underlines its view that delegating the responsibility to set boundaries on freedom of speech to private companies is unacceptable and creates risks for both citizens and businesses, neither of which are qualified to take such decisions.; Believes that the removal of content should be followed up by law enforcement where needed;
Amendment 51 #
2020/2018(INL)
Motion for a resolution
Recital E
Recital E
E. whereas in its communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 “Shaping Europe’s digital future”, the Commission committed itself to adopting, as part of the Digital Services Act package, new and revised rules for online platforms and information service provider; to reinforcing the oversight over platforms’ content policies in the EU; and, to looking into ex ante rules to ensure that large platforms with significant network effects, acting as gatekeepers, remain fair and contestable for innovators, businesses, and new market entrants; including SMEs, start-ups, entrepreneurs and new market entrants; believes that the Digital Services Act should complement the existing legal framework together with other relevant legislation, such as rules on consumer protection, enforcement, product safety, market surveillance, competition, geo-blocking, audio-visual media services, copyright and the General Data Protection Regulation;
Amendment 61 #
2020/2018(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package, consisting of a directive amending the E-Commerce Directive and a proposal for a Regulation on ex-ante rules on large platforms with a gatekeeper role, and, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU), calls on the Commission to submit such a package on the basis of the relevant Articles of the Treaties, following the recommendations set out in the Annex hereto;
Amendment 80 #
2020/2018(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
(a) Stresses the importance to address the remaining unjustified obstacles to the Digital Single Market and avoid protectionist measures, which are sometimes used by Member States to boost national competition. For example, settling the costs of cross-border disputes, suppliers’ restrictions to selling cross- border, delivery-related matters, taxation rules, limited cross-border access to goods and services due to differences in intellectual property rights law, access to information on the relevant regulatory requirements, complex administrative procedures, as well as ensuring that no new barriers are created;
Amendment 87 #
2020/2018(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; highlights that all platforms must have the same duty to protect consumers whereby asymmetrical legislation which targets only certain market actors can be introduced solely as a means to tackle market-related problems;
Amendment 103 #
2020/2018(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a future-proof, comprehensive EU-level framework and fair competition are crucial in order to promote the growth of European small- scale platforms, small and medium enterprises (SMEs), micro companies, entrepreneurs and start-ups, prevent market fragmentation and provide European businesses with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;
Amendment 117 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;
Amendment 129 #
2020/2018(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights that the regulatory framework in the electronic communications sector through the imposition of remedies over the last 30 years together with a continuous revision of the relevant markets subject to ex-ante regulation, has created a competitive communication’s market in Europe; notes that the use of the Significant Market Power criteria would provide the best basis to determine the dominance of digital gatekeepers as well and the imposition of remedies aimed at ensuring competition and preserving innovation in digital markets;
Amendment 133 #
2020/2018(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market; believes that the EU should focus on removing existing obstacles in the Digital Single Market and on ensuring consumer and fundamental rights protection as one of the main objectives of the reform of the E-Commerce Directive; considers in this context that the Single Market objective can only be achieved if consumer trust is ensured; believes that the updated E-Commerce rules must clearly establish that consumer law and product safety requirements fall within their scope of application in order to ensure legal certainty;
Amendment 169 #
2020/2018(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms andincluding social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively.
Amendment 182 #
2020/2018(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce protection of fundamental rights online;
Amendment 198 #
2020/2018(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers and therefore stresses the urgent need to set up clear rules in order to enhance consumer protection;
Amendment 207 #
2020/2018(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be establishfraudulent companies and individuals cannot be established; and therefore, consumers cannot seek compensation for the damages and losses experienced;
Amendment 221 #
2020/2018(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. ConsidersIs convinced that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, should be substantially strengthened;
Amendment 230 #
2020/2018(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require service providers to verify the information and the identity of the business partners with whom they have a contractual commercial relationship,; business partners should be the ones in charge of notifying the service provider about any change in their business activity (for example, cessation of business activity) and to ensure that the information they provide is accurate and up-to-date;
Amendment 249 #
2020/2018(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 260 #
2020/2018(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing cannotshould be addressed by, among others, by clear transparency obligations and left to consumer choice aloneinformation requirements; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).
Amendment 265 #
2020/2018(INL)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes the increasing use of digital platforms and applications in eHealth, and in particular the importance of telemedicine and consumer health informatics; considers that the Digital Services Act package must ensure that digital eHealth services provide citizens with only accurate, verified and scientifically-based facts while also effectively protecting their personal data.
Amendment 276 #
2020/2018(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of algorithms, as well as liability; points out the need to monitor algorithms and to assess associated risks, to use high quality and when possible unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;
Amendment 285 #
2020/2018(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; considers it essential that automatic decision-making systems do not generate unfairly biased outputs for consumers in the single market; believes that it should be always possible for consumers to be properly informed about interacting with automated decision-making, and about how to reach a human with decision- making powers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;
Amendment 296 #
2020/2018(INL)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines the importance of the use of data by digital platforms and that the accumulation of vast amounts of data by large technological enterprises creates imbalances in bargaining power and, thus, leads to the distortion of competition in the Single Market;
Amendment 320 #
2020/2018(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of mdisinformation online; believes, however, that a more aligned approach at Union level, taking into account the different types of content and services offered by a platform, will make the fight against illegal content more effective;
Amendment 344 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Believes that where intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the products they offer;
Amendment 373 #
2020/2018(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; stresses however, that the liability regime necessitates further clarification regarding active and passive hosting in the situation when intermediaries have control over data by selecting, using and modifying it in order to optimise or promote it;
Amendment 380 #
2020/2018(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Bearing in mind the importance of intellectual property for the European economy as a whole, as well as for the normal functioning of the Single Market – especially with regard to freedom to provide services, and furthermore assuming that intellectual property is often infringed on Internet platforms, considers that the future regulatory framework should ensure effective enforcement of IPR provisions, especially with regard to the removal of illegal content from the digital platforms;
Amendment 392 #
2020/2018(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rights; stresses, in this context, the need for a possibility to always identify manufacturers and sellers of products from third countries; underlines that if one of the services provided by a platform can be considered a marketplace ("hybrid platforms"), the rules should fully apply to that part of the business; and asks the online marketplaces to enhance their cooperation by exchanging information on the seller of these products with the market surveillance and the custom authorities;
Amendment 405 #
2020/2018(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards and, therefore. asks the Commission to increase the responsibility of online marketplaces selling non-food consumer products as outlined in the annex;
Amendment 438 #
2020/2018(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy and create new bottlenecks through inflexible terms of access, limited access to operating systems´ functionalities or access to user transactions’ data;
Amendment 440 #
2020/2018(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy and asks the Commission to analyse the consequences this has for consumers, SMEs and the Single Market;
Amendment 452 #
2020/2018(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platformsplatforms with significant market power has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;
Amendment 454 #
2020/2018(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms has the potential to open up markets to new entrants, including SMEs, entrepreneurs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;
Amendment 461 #
2020/2018(INL)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Believes that the ex-ante regulatory instrument should ensure fair trading conditions on all platforms, including possible additional requirements – for example, a list of obligations /prohibitions – for those that play a gatekeeper role;
Amendment 471 #
2020/2018(INL)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
(a) Believes that the root cause of the remaining unjustified obstacles in the digital single market stem from different regulatory choices at Union and at national level, imperfect or inadequate transposition, implementation and enforcement of Union legislation, insufficient administrative capacity and practices in Member States, as well as from protectionist measures carried out by Member States; calls on the Commission to address those causes in close cooperation with Member States;
Amendment 480 #
2020/2018(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with strong investigation and enforcement powers; stresses that cooperation between national as well as other Member States’ authorities, civil society and consumer organisations is of utmost importance for achieving effective enforcement;
Amendment 507 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 1
Annex I – part I – paragraph 1
The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services, while at the same time guaranteeing a high level of consumer protection, includingand the improvement of users’ safety online;
Amendment 509 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 1 a (new)
Annex I – part I – paragraph 1 a (new)
The Digital Services Act should contribute to the removal of the existing unjustified obstacles to the digital single market, which many times arise from protectionist measures by Member States, as well as ensuring that no new barriers are created;
Amendment 524 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – introductory part
Annex I – part I – paragraph 6 – indent 1 – introductory part
- a comprehensive revision of the E- Commerce Directive, in the form of a Directive, based on Articles 53(1), 62 and 114 TFEU, consisting of:;
Amendment 543 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 2
Annex I – part I – paragraph 6 – indent 2
- an internal market legal instrument in the form of a Regulation, based on Article 114 TFEU, imposing ex-ante obligations on large platforms with a gatekeeper role in the digital ecosystem, complemented by an effective institutional enforcement mechanism.
Amendment 572 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
Annex I – part III – paragraph 1 – indent 1
- clarify to what extent “"new digital services”", such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, comparison tools, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
Amendment 579 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 3
Annex I – part III – paragraph 1 – indent 3
Amendment 583 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4
Annex I – part III – paragraph 1 – indent 4
- clarify of what falls within the remit of the "illegal content”", definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal content; it is also necessary to clarify what falls under "harmful content" and "disinformation";
Amendment 590 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “"systemic operator”" by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms which enjoy a significant market position with a “"gatekeeper”" role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, or has predominant influence over its users, the size of its network (number of users), its financial strength, access to data, accumulation of data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 618 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
- that measure should apply only to business-to-business relationships, and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymo the possibility orf being an unidentified useronymous on the internet; the new general information requirements should review and further enhance Articles 5 and 10 of the E- Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).
Amendment 619 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
- Measures to address the problem of fake profiles of users and service providers should be explored by the Commission. Information society service providers and users should be identifiable by authorities if needed; this would be the case if they commit an illegal activity online. The Commission should come up with measures that allow judiciary authorities to identify and catch in a very agile way those users that carry out illegal activities (to protect both, users and platforms), while preserving the data protection rights of each user. The creation of a digital identity could be a solution to this challenge.
Amendment 645 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
- The transparency requirements should include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement; these transparency requirements should also empower advertisers vis-a-vis advertising services, when it comes to where and when ads are placed; more efforts are needed to make sure that illegal activities cannot be funded via advertising services;
Amendment 649 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
- The transparency requirements should also apply to targeted adverts; criteria for profiling targeted groups and optimisation of advertising campaigns must be made clear to verify any abuse. Users should be aware and have previously given their consent if they are going to receive targeted adverts;
Amendment 651 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 b (new)
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 b (new)
- Specific requirements in regard to behavioural advertising, including micro targeting, should be introduced in order to protect public interest; behavioural advertising based on certain characters, i.e. exposing mental or physical vulnerabilities, should not be allowed at all, while some other characteristics should be allowed only under the opt-in condition by the users;
Amendment 686 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4
Annex I – part IV – paragraph 1 – subparagraph 4
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines.;
Amendment 741 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 8
Annex I – part V – paragraph 2 – indent 8
Amendment 745 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 9
Annex I – part V – paragraph 2 – indent 9
Amendment 751 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 11
Annex I – part V – paragraph 2 – indent 11
- create an obligation for the online intermediaries to verify the notified content and reply in a timely manner to the notice provider and the content uploader with a reasoned decision;
Amendment 763 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 2 – indent 1
Annex I – part V – subheading 2 – indent 1
- The decision taken by the online intermediary on whether or not to act upon content flagged as illegal should contain a clear justification on the actions undertaken regarding that specific content. The notice provider, where identifiable, should receive a confirmation of receipt and a communication indicating the follow-up given to the notification.
Amendment 808 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 1
Annex I – part VI – paragraph 1
The Digital Services Act should propose specific rules for online market places for the online sale of products and provision of services to consumers.
Amendment 811 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 3
Annex I – part VI – paragraph 2 – indent 3
- ensure that online marketplaces make it clear into which country the products are sold or services are being provided, regardless whether they are provided by that marketplace, a third party or a seller established inside or outside the Union;
Amendment 816 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4
Annex I – part VI – paragraph 2 – indent 4
- ensure that online marketplaces remove quickly any misleading information given by the supplier or by customers, including misleading guarantees and statements made by the supplier;
Amendment 818 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4 a (new)
Annex I – part VI – paragraph 2 – indent 4 a (new)
- ensure that online marketplaces foresee an easy to find specific contact point for consumers and national authorities for the notice of unsafe goods on their website;
Amendment 827 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5 a (new)
Annex I – part VI – paragraph 2 – indent 5 a (new)
- oblige online marketplaces to exchange information on repeat offenders and to take measures to avoid that goods taken down from one website reappear on other online marketplaces;
Amendment 829 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6
Annex I – part VI – paragraph 2 – indent 6
- oblige online marketplaces to inform consumers of any safety issues and ofto enhance cooperation with national authorities and consumer associations on recalls and take any action required to ensure that recalls are carried out effectively;
Amendment 849 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 1
Annex I – part VII – paragraph 1
The Digital Services Act should put forward a proposal to ensure that the systemic role of specific online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs., entrepreneurs and start- ups, creating market failures;
Amendment 856 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
Annex I – part VII – paragraph 2 – indent 1
- set up an asymmetric ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “"systemic platforms”" in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies with a significant market position in order to address market failures, without the establishment of a breach of regulatory rules;
Amendment 862 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2
Annex I – part VII – paragraph 2 – indent 2
- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “"systemic platforms”", from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; data envelopment used to expand dominant position in adjacent markets, incurring in self-preferencing of their own products and services and engaging in practices aimed at locking- in consumers; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;
Amendment 866 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 a (new)
Annex I – part VII – paragraph 2 – indent 2 a (new)
- explore other ex-ante remedies that prevent the creation of new systemic platforms. In addition to reactive ex-ante mechanism, the Digital Services Act should envisage preventive mechanisms that prevent the creation of digital gatekeepers;
Amendment 873 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3
Annex I – part VII – paragraph 2 – indent 3
- clarify that some regulatory remedimeasures should be impoaddressed ton all ”"systemic platforms”" without the need for a decision by a regulatory authority, such as prohibition for “"systemic platforms”" to engage in self- preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses;
Amendment 875 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 4
Annex I – part VII – paragraph 2 – indent 4
- empower regulatory authorities to adopt interim measures and to impose finpenalties on “"systemic platforms”" that fail to respect the different regulatory obligations imposed on them;
Amendment 878 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 5 a (new)
Annex I – part VII – paragraph 2 – indent 5 a (new)
- ensure that users of "systemic platforms" will be able to effectively control results of algorithms suggesting them specific content; users should be properly informed of all the reasons why specific content is suggested to them;
Amendment 883 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
Annex I – part VII – paragraph 2 – indent 6
- imposensure high levels of interoperability measures requiring “"systemic platforms”" to share appropriate tools, non-rivalrous data, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems and to empower users in deciding what kind of content they want to see. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it.
Amendment 892 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 1 a (new)
Annex I – part VIII – paragraph 1 a (new)
However, additional efforts with clear actions are necessary in order to address remaining obstacles in the digital single market and protectionist practices, such as: settling the costs of cross-border disputes, suppliers’ restrictions to selling cross-border, delivery-related matters, taxation rules, limited cross-border access to goods and services due to differences in intellectual property rights law, access to information on the relevant regulatory requirements, complex administrative procedures.
Amendment 507 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) tThe requirement in paragraph 1 point (b) where it provides a core platform service that has more than 45 million monthly active end users established or located in the Union and more than 10 000 yearly active business users established in the Union in the last financial year;. Monthly active end users and yearly active business users shall be measured taking into account the indicators set out in the Annex to this Regulation
Amendment 557 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point e a (new)
Article 3 – paragraph 6 – subparagraph 1 – point e a (new)
(e a) the control by the undertaking of platform ecosystems, through the provision of different core platform services;
Amendment 559 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point f
Article 3 – paragraph 6 – subparagraph 1 – point f
(f) oOther structural market characteristicrelevant business or services characteristics, such as a conglomerate corporate structure or vertical integration of the undertaking providing core platform services, for instance allowing cross subsidisation or combination of data from different sources.
Amendment 630 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(c a) assuring end users with high reliable information by providing business users with frameworks for offers presentation and content that are facilitating the display of accurate, clear, complete, easy comparable offers data;
Amendment 186 #
2020/0361(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Moreover, complex national regulatory requirements, fragmented implementation and insufficient enforcement of legislation such as Directive 2000/31/EC have contributed to high administrative costs and legal uncertainty for intermediary services operating on the internal market, especially micro, small and medium sized companies.
Amendment 208 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targedirecting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targedirecting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 213 #
2020/0361(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provisionfully harmonises the rules applicable to intermediary services in the internal market with the objective to ensure a safe and trusted online environment, effective protection of fundamental rights and a favourable business climate. Accordingly, Member States should not adopt or maintain additional national requirements on those matters falling within the scope of this Regulation. This does not preclude the possibility to apply other national legislation applicable to providers of intermediary services, in particular Directive 2000/31/ECaccordance with Union law, including Directive 2000/31/EC, in particular its Article 3, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. . __________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
Amendment 224 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept, including fake online profile accounts. Illegal content is often spread online precisely via fake online profile accounts. Namely, false representation in the ‘online world’ should not be legal as it is also not legal to falsely present oneself in the ‘offline world’. This approach is an evident manifestation of the principle that what is illegal offline should not be allowed to remain legal online. Moreover, the concept of “illegal content” should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 226 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that conceptFor the purpose of this Regulation the concept of “illegal content” should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relateit is not in compliance with Union law as it refers to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 249 #
2020/0361(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined persons. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. Services, such as internet infrastructure services or cloud service providers, which are provided at the request of parties other than the content providers and only indirectly benefitting the latter, should not be covered by the definition of online platforms. __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
Amendment 257 #
2020/0361(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The relevant rules of Chapter II should only establish when the provider of intermediary services concerned cannot be held liable in relation to illegal content provided by the recipients of the service. Those rules should notby no means be understood to provide a positive basis for establishing when a provider can be held liable, which is for the applicable rules of Union or national law to determine. Furthermore, the exemptions from liability established in this Regulation should apply in respect of any type of liability as regards any type of illegal content, irrespective of the precise subject matter or nature of those laws.
Amendment 278 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expedwitihouslt undue delay to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 281 #
2020/0361(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The exemption of liability should not apply where the recipient of the service is acting under the authority or the control of the provider of a hosting service. In particular, where the provider of the online platform that allows consumers to conclude distance contracts with traders does not allow traders to determine the basic elements of the trader-consumer contract, such as the terms and conditions governing such relationship or the price, it should be considered that the trader acts under the authority or control of that platform.
Amendment 282 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders as a functionality of their service, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. This is the case where the online platform operator fails to clearly display the identity of the trader following this Regulation. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer. In particular, it is relevant whether the online platform operator withholds such identity or contract details until after the conclusion of the trader- consumer contract, or is marketing the product or service in its own name rather than using the name of the trader who will supply it.
Amendment 291 #
2020/0361(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Consumers should be able to safely purchase products and services online, irrespective of whether a product or service has been produced in the Union. For that reason, traders from third countries should establish a legal representative in the Union to whom claims regarding product safety could be addressed. Providers of intermediary services from inside the Union as well as from third countries should ensure compliance with product requirements set out in Union law.
Amendment 310 #
2020/0361(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, cloud infrastructure services or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
Amendment 315 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern specific and properly identified monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content.
Amendment 331 #
2020/0361(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute illegal content in other Member States concerned and, where relevant, take account of the relevant rules of Union law or international law and the interests of international comity. Since intermediaries should not be required to remove information which is legal in their country of establishment, national and Union authorities should be able to order the blocking of content legally published outside the Union only for the territory of the Union where Union law is infringed and for the territory of the issuing Member State where national law is infringed.
Amendment 346 #
2020/0361(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should target illegal content and aim in particular to guarantee different public policy objectives such as consumer protection, the safety and trust of the recipients of the service, including minors and vulnerable users, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empower recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.
Amendment 353 #
2020/0361(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In that regard, it is important that the due diligence obligations are adapted to the type and nature and size of the intermediary service concerned. This Regulation therefore sets out basic obligations applicable to all providers of intermediary services, as well as additional obligations for providers of hosting services and, more specifically, online platforms and very large online platforms. To the extent that providers of intermediary services may fall within those different categories in view of the nature of their services and their size, they should comply with all of the corresponding obligations of this Regulation. Those harmonised due diligence obligations, which should be reasonable and non- arbitrary, are needed to achieve the identified public policy concerns, such as safeguarding the legitimate interests of the recipients of the service, addressing illegal practices and protecting fundamental rights online.
Amendment 358 #
2020/0361(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) Providers of intermediary services should also establish a single point of contact for recipients of services, allowing rapid, direct and efficient communication.
Amendment 362 #
2020/0361(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. Obligations related to terms and conditions should not oblige a provider of an intermediary service to disclose information that will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets or intellectual property rights.
Amendment 372 #
2020/0361(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or, small or medium sized enterprises as defined in Commission Recommendation 2003/361/EC.40 __________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 376 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place easily accessible, comprehensive and user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action')following the applicable law ('action'). Such mechanisms should be clearly visible on the interface of the hosting service and easy to use. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation. Providers of hosting services could, as a voluntary measure, conduct own-investigation measures to prevent content which has previously been identified as illegal from being disseminated again once removed. The obligations related to notice and action should by no means impose general monitoring obligations.
Amendment 385 #
2020/0361(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non- discrimination of parties affected by illegal content. Providers of hosting services should act upon notices without undue delay, taking into account the type of illegal content that is being notified and the urgency of taking action. The provider of hosting services should inform the individual or entity notifying the specific content of its decision without undue delay after taking a decision whether to act upon the notice or not.
Amendment 396 #
2020/0361(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) A hosting service provider may in some instances become aware, for instance through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the hosting service provider is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council. In such instances, the hosting service provider should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by hosting service providers. Hosting service providers should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities.
Amendment 401 #
2020/0361(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To avoid disproportionate burdens, the additional obligations imposed on online platforms under this Regulation should not apply to micro or, small or medium sized enterprises as defined in Recommendation 2003/361/EC of the Commission,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this Regulation. The consolidation rules laid down in that Recommendation help ensure that any circumvention of those additional obligations is prevented. The exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up, on a voluntary basis, a system that complies with one or more of those obligations. __________________ 41 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 403 #
2020/0361(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) To similarly avoid unnecessary regulatory burdens, certain obligations should not apply to hosting service providers often referred to as closed online platforms where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
Amendment 405 #
2020/0361(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift, non- discriminatory and fair outcomes. In addition, provision should be made for the possibility of out-of-court dispute settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint- handling systems, by certified bodies that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effectivimple, affordable, expedient and accessible manner. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.
Amendment 417 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, depending on the severity of the illegal activity, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and private or semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressionscontent online. For intellectual property rights, organisations of industry and of individual right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 418 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter. Providers of hosting services could, as a voluntary measure, introduce own-investigation measures to prevent accounts which have previously been identified as illegal from reappearing once removed. The obligations related to notice and action should by no means impose general monitoring obligations. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 425 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 455 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However,Online advertising is a significant source of financing for many digital business models and an effective tool to reach new customers, not least for small- and medium sized companies. However, there are some instances when online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. To ensure consumer protection online advertisement should be subject to proportionate and meaningful transparency obligations. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 469 #
2020/0361(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses could have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipients exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and meansAccordingly, the number of average monthly recipients of the service should reflect the recipients actually reached by the service either by being exposed to content or by providing content disseminated on the platforms’ interface in that period of time. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. The threshold should be designed to target the largest platforms with a reach in the Union that could lead to a systemic impact. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means, placing such due diligence obligations on smaller companies, especially micro, small and medium sized companies would be disproportionate.
Amendment 474 #
2020/0361(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) Very large online platforms are used in a way that strongly influences safety online, the shaping of public opinion and discourse, as well as on online trade. The way they design of their services is generally optimised to benefit their often advertising- driven business models and can cause societal concerns. In the absence of effective regulation and enforcement, they can set the rules of the game, withoutsometimes amplify the dissemination of illegal content. Effective regulation and enforcement is needed to effectively identifying and mitigatinge the risks and the societal and economic harm they can cauat may arise. Under this Regulation, very large online platforms should therefore assess the systemic risks stemming from the functioning and use of their service, as well as by potential misuses by the recipients of the service, and take appropriate mitigating measures.
Amendment 490 #
2020/0361(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) The audit report should be substantiated, so as to give a meaningful account of the activities undertaken and the conclusions reached. It should help inform, and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this Regulation, without prejudice to its freedom to conduct a business and, in particular, its ability to design and implement effective measures that are aligned with its specific business model. The report should be transmitted to the Digital Services Coordinator of establishment and the Board without delayin 30 days following its adoption, together with the risk assessment and the mitigation measures, as well as the platform’s plans for addressing the audit’s recommendations. The report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. A positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this Regulation or, where applicable, any commitments it has undertaken pursuant to a code of conduct or crisis protocol, in particular by identifying, evaluating and mitigating the systemic risks posed by its system and services. A positive opinion should be accompanied by comments where the auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. A negative opinion should be given where the auditor considers that the very large online platform does not comply with this Regulation or the commitments undertaken.
Amendment 496 #
2020/0361(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. Often, they facilitate the search for relevant content for recipients of the service and contribute to an improved user experience. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them through making active choices. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them and why. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.
Amendment 500 #
2020/0361(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Advertising systems used by very large online platforms could pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned.
Amendment 506 #
2020/0361(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, where relevant to a research project. All requiremenests for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
Amendment 520 #
2020/0361(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fakintentionally inaccurate or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerablecertain groups of recipients of the service, such as children. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
Amendment 613 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniformharmonised rules for a safe, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
Amendment 614 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b – point i (new)
Article 1 – paragraph 2 – point b – point i (new)
i) facilitate innovations, support digital transition, encourage economic growth and create a level playing field for digital services within the internal market while strengthening consumer protection and contributing to increased consumer choice.
Amendment 659 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
Amendment 665 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 2
Article 2 – paragraph 1 – point d – indent 2
— the targedirecting of activities towards one or more Member States.
Amendment 669 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession;
Amendment 681 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services but in particular fake online profile account, is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
Amendment 686 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
Amendment 697 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 720 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed and disseminated to promote the message of a legal or natural person, irrespective of whether to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface against remuneration specifically in exchange for promoting that information;
Amendment 728 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the activities undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility and accessibility of that illegal content or that information, such as demotion, demonetisation, disabling of access to, or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
Amendment 761 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expedwitihouslt undue delay to remove or to disable access to the illegal content.
Amendment 830 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
(ba) the territorial scope of an order addressed to a provider that has its main establishment or, if the provider is not established in the Union, its legal representation in another Member State is limited to the territory of the Member State issuing the order;
Amendment 833 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b b (new)
Article 8 – paragraph 2 – point b b (new)
(bb) if addressed to a provider that has its main establishment outside the Union, the territorial scope of the order, where Union law is infringed, is limited to the territory of the Union or, where national law is infringed, to the territory of the Member State issuing the order;
Amendment 857 #
2020/0361(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Injunction orders Member States shall ensure that recipients of a service are entitled under their national law to seek an injunction order as an interim measure for removing manifestly illegal content.
Amendment 897 #
2020/0361(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Points of contact for authorities, the Commission and the Board
Amendment 903 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Providers of intermediary services shall make publiccommunicate to their Digital Service Coordinator of establishment, the Commission and the Board the information necessary to easily identify and communicate with their single points of contact.
Amendment 908 #
2020/0361(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Point of contact for recipients of a service 1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means, with the recipients of their services. The means of communication shall be user-friendly and easily accessible. 2. Providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact for recipients.
Amendment 918 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Providers of intermediary services that would qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC if established in the Union, and who have been unsuccessful in designating a legal representative after reasonable efforts, shall be able to request that the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative facilitates further cooperation and recommends possible solutions, including the possibility for collective representation.
Amendment 925 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including information about algorithmic decision-making and human review. ItProviders of intermediary services shall also include information on the right to terminate the use of the service. The possibility to terminate must be easily accessible for the user. Information on remedies and redress mechanisms shall also be included in the terms and conditions. The terms and conditions shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.
Amendment 950 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Obligations pursuant to paragraph 1 and 2 should not oblige a provider of an intermediary service to disclose information that will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets or intellectual property rights.
Amendment 975 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. Those reports shall include, in particular,including information on the following, as applicable:
Amendment 989 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) meaningful and comprehensible information about the content moderation engaged in at the providers’ own initiative, including the number and type of measures taken that affect the availability, visibility and accessibility of information provided by the recipients of the service and the recipients’ ability to provide information, categorised by the type of reason and basis for taking those measures;
Amendment 1002 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC, small or medium sized enterprises (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a medium-sized, small or micro-enterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
Amendment 1009 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Paragraph 1 shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
Amendment 1060 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 on the basis of which a diligent provider of hosting services is able to assess the illegality of the content in question, shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned.
Amendment 1064 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Where the notice contains the name and an electronic mail address of the individual or entity that submitted it, the provider of hosting services shall promptly, without undue delay, send a confirmation of receipt of the notice to that individual or entity.
Amendment 1081 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Providers of hosting services could, as a voluntary measure in line with provisions Article 6, conduct own- investigation measures to prevent illegal content which has previously been identified as illegal from being disseminated again once removed. The obligations related to paragraph 1 to 6 shall by no means impose general monitoring obligations on hosting services.
Amendment 1087 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 b (new)
Article 14 – paragraph 6 b (new)
6b. Paragraphs 2, 4 and 5 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprises (SMEs) within the meaning of the Annex to Recommendations 2003/361/EU, or to those enterprises within twelve months of them losing such status pursuant to Article 4(2) thereof.
Amendment 1089 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 c (new)
Article 14 – paragraph 6 c (new)
6c. Paragraph 2 and 4-5 shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
Amendment 1096 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or disable access to or radically restrict the visibility of specific items of information provided by the recipients of the service, or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or removing or disabling access to or for restricting the visibility or monetisation of that information and of the reason for its decision, it shall inform the recipient, at the latest at the time ofwithout undue delay and at the latest within 24 hours after the removal or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 1102 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the or radical restriction of the visibility of, the information or the suspension or termination of monetary payments related to that information and, where relevant, the territorial scope of the disabling of access;
Amendment 1120 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Providers of hosting services shall publishupon request share the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commissionwith the Digital Service Coordinator of establishment. That information shall not contain personal data.
Amendment 1122 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Paragraph 2 to 4 shall not apply to providers of intermediary services that qualify as micro, small or medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC, or during the first twelve months from when an enterprise lost such status as pursuant to Article 4(2) thereof.
Amendment 1124 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4 b (new)
Article 15 – paragraph 4 b (new)
4b. Paragraph 2 to 4 shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
Amendment 1129 #
2020/0361(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 1137 #
2020/0361(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or, small or medium sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC. , nor during the first twelve months to such enterprises following the loss of such status pursuant to Article 4(2) thereof. This section shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
Amendment 1157 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or not to remove or disable access to the information;
Amendment 1158 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) decisions to suspend or terminate or not to suspend or terminate the provision of the service, in whole or in part, to the recipients;
Amendment 1161 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) decisions to suspend or terminate or not to suspend or terminate the recipients’ account.
Amendment 1166 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to radically restrict the visibility of content provided by the recipients,
Amendment 1171 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)
Article 17 – paragraph 1 – point c b (new)
(cb) decisions to restrict the ability to monetise content provided by the recipients,
Amendment 1203 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Recipients of the service addressed by the decisions referred to in Article 17(1) and individuals or entities that have submitted notices, shall be entitled to select any out- of-court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
Amendment 1213 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a
Article 18 – paragraph 2 – subparagraph 1 – point a
(a) it is impartial and independentndependent, including financially independent, and impartial of online platforms and recipients of the service provided by the online platforms and of individuals or entities that have submitted notices;
Amendment 1221 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible through electronic communication technology and provides for the possibility to submit a complaint and the requisite supporting documents online;
Amendment 1236 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e
Article 18 – paragraph 2 – subparagraph 1 – point e
(e) the dispute settlement takes place in accordance with clear and fair rules of procedure that are clearly visible and easily accessible to all parties concerned and in full compliance with all applicable law.
Amendment 1242 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The Digital Services Coordinator shall reassess on a yearly basis whether the certified out-of-court dispute settlement body continues to fulfil the listed criteria. If this is not the case, the Digital Services Coordinator shall revoke the status from the out-of-court dispute settlement body.
Amendment 1251 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Digital Services Coordinators shall notify to the Commission the out-of-court dispute settlement bodies that they have certified in accordance with paragraph 2, including where applicable the specifications referred to in the second subparagraph of that paragraph as well as out-of-court dispute settlement bodies whose status has been revoked. The Commission shall publish a list of those bodies, including those specifications, on a dedicated website, and keep it updated.
Amendment 1262 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by certified trusted flaggers, within their designated area of expertise, through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delay, depending on the severity of the illegal activity.
Amendment 1278 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) it represents collective interests and is independent from any online platform;
Amendment 1296 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Digital Services Coordinators shall communicate to the Commission and the Board the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2 or have been revoked in accordance with paragraph 6.
Amendment 1308 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received by third parties, carried out without undue delay, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger
Amendment 1334 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past yeara given time frame;
Amendment 1336 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point b
Article 20 – paragraph 3 – point b
(b) the relative proportion thereof in relation to the total number of items of information provided or notices submitted in the past yeara given time frame;
Amendment 1349 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. Providers of hosting services could, as a voluntary measure in line with provisions Article 6, conduct own- investigation measures to prevent suspended accounts from reappearing before the suspension is lifted. The obligations related to paragraph 1 to 4 shall by no means impose general monitoring obligations on hosting services.
Amendment 1352 #
2020/0361(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 1353 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 1358 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 1361 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Amendment 1381 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
Amendment 1470 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) any use made of automatic means for the purpose of content moderation, including a specification of the precise purposes, indicators of the accuracy of the automated means in fulfilling those purposes and any safeguards applied.
Amendment 1473 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Online platforms shall pucommunicate to the Digital Services Coordinator of establishment, at least once every sixtwelve months, information on the average monthly active recipients of the service in each Member Statethe Union, calculated as an average over the period of the past sixtwelve months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
Amendment 1476 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States shall refrain from imposing additional transparency reporting obligations on the online platforms, other than specific requests in the context of exercising their supervisory powers.
Amendment 1510 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
2. Online platforms shall provide information mentioned in paragraph 1 to public authorities, upon their request, in order to determine accountability in case of false or misleading advertisement.
Amendment 1512 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 b (new)
Article 24 – paragraph 1 b (new)
3. Providers of intermediary services shall obtain consent from the recipients of their service, in order to provide them with micro targeted and behavioural advertisement. Providers of intermediary services shall ensure that recipients of services can easily make an informed choice when expressing their consent by providing them with meaningful information.
Amendment 1529 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. This Section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. This Section shall not apply to online platforms that qualify as micro, small or medium-sized enterprises (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, this Section shall not apply to enterprises that previously qualified for the status of a micro, small or medium- sized enterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
Amendment 1534 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. This section shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
Amendment 1552 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significant systemic risks stemming from the functioning and use madedissemination of illegal content ofn their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:
Amendment 1567 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively through dissemination of illegal content;
Amendment 1587 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
Amendment 1596 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The obligations detailed in paragraphs 1 and 2 shall by no means lead to a general monitoring obligation
Amendment 1604 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measures targeting illegal practices, tailored to the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
Amendment 1661 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) any voluntary commitments undertaken pursuant to the codes of conduct referred to in Articles 35 and 36 and the crisis protocols referred to in Article 37.
Amendment 1665 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point a
Article 28 – paragraph 2 – point a
(a) are independent from the very large online platform concerned and have not provided any other service to the platform in the previous 12 months;
Amendment 1702 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Obligations pursuant to paragraphs 1 and 2 shall not oblige a very large online platform to disclose information that will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets and intellectual property rights. Further, very large online platforms shall not be required to enable modification of systems essential to uphold the safety and security of the service.
Amendment 1719 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2, until one yearsix months after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
Amendment 1767 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. In order to be vetted, researchers shall be affiliated with academic institutions, be independent from commercial interests, disclose the funding of the research, have proven records of expertise in the fields related to the risks investigated or related research methodologies, and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
Amendment 1783 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 1798 #
2020/0361(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Very large online platforms shall publish the reports referred to in Article 13 within six months from the date of application referred to in Article 25(4), and thereafter every sixtwelve months.
Amendment 1808 #
2020/0361(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33a Algorithm transparency 1. When using automated decision making, the very large online platform shall upon request provide the Commission with the necessary information to assess the algorithms used. 2. When carrying out the assessments referred to in paragraph 1, the Commission shall consider the following elements: (a) the compliance with corresponding Union requirements; (b) potential negative effects on fundamental rights, including on consumer rights, through dissemination of illegal content; 3. Following an assessment the Commission shall communicate its findings to the very large online platform and allow it to provide additional explanation. 4. Where the Commission finds that the algorithm used by the very large online platform does not comply with point (a) or (b) of paragraph 2 of this Article, the Commission shall inform the Digital Service Coordinator of establishment of the very large online platform.
Amendment 1846 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission and the Board shall encourage and facilitate the drawing up of voluntary codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data. The Commission shall also encourage and facilitate regular review and adaption of the Codes of conduct to ensure that they are fit for purpose.
Amendment 1853 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested partierelevant stakeholders, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1864 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain. Key performance indicators and reporting commitments should take into account differences in size and capacity between different participants.
Amendment 1883 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of voluntary codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency in online advertising beyond the requirements of Articles 24 and 30.
Amendment 1897 #
2020/0361(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Board may recommend the Commission to initiate the drawing up, in accordance with paragraphs 2, 3 and 4, of voluntary crisis protocols for addressing crisis situations strictly limited to extraordinary circumstances affecting public security or public health.
Amendment 1945 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 1 – point e
Article 41 – paragraph 2 – subparagraph 1 – point e
(e) the power to adopt proportionate interim measures to avoid the risk of serious harm, without prejudice to fundamental rights.
Amendment 1978 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the conditions met to justify any order to act against illegal content and to provide information taken that derogates from the internal market clause in accordance with Article 3 of Directive 2000/31/EC.
Amendment 2039 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point a a (new)
Article 47 – paragraph 2 – point a a (new)
(aa) contributing to the effective application of Article 3 of Directive 2000/31/EC to prevent fragmentation of the digital single market;
Amendment 2088 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point d a (new)
Article 49 – paragraph 1 – point d a (new)
(da) monitor derogations from the internal market clause in accordance with Article 3 of Directive 2000/31/EC and ensure that the conditions for derogation are interpreted strictly and narrowly to ensure consistent application of this Regulation;
Amendment 2089 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point e
Article 49 – paragraph 1 – point e
(e) support and promote the development and implementation of European standards, guidelines, reports, templates and code of conducts in close collaboration with relevant stakeholders as provided for in this Regulation, as well as the identification of emerging issues, with regard to matters covered by this Regulation.
Amendment 2164 #
2020/0361(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission may, by decision, order proportionate interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement, without prejudice to fundamental rights.
Amendment 2182 #
2020/0361(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor the effective implementation and compliance with this Regulation by the very large online platform concerned. The Commission may also order that platform to provide access to, and explanations relating to, and where necessary access to, its databases and algorithms.
Amendment 2212 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The Commission may by decision and in compliance with the proportionality principle impose on the very large online platform concerned or other person referred to in Article 52(1) fines not exceeding 1% of the total turnover in the preceding financial year, where they intentionally or as a result of repeated negligentlyce:
Amendment 2296 #
2020/0361(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. It shall apply from [date - threwelve months after its entry into force].
Amendment 50 #
2020/0360(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has set out, in its Communication of 11 December 2019 entitled ‘The European Green Deal’21 , 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. The Commission’s communication on the Climate Target Plan22 proposing to increase the greenhouse gas emissions’ reduction level to at least 55% by 2030 - an ambition that was endorsed by the European Council on 11 December 2020 - and its underlying impact assessment confirms that the energy mix of the future will be very different from the one of today and underpins the necessity to review and if necessary to revise the energy legislation. The current energy infrastructure investments are clearly insufficient to transform and build the energy infrastructure of the future. That also means infrastructure needs to be in place to evolve and adapt itself to support the European energy transition, including rapid electrification, scaling up of renewable electricity generation, the increased use of renewable and low-carbon gases, energy system integration and a higher uptake of innovative solutions. _________________ 21 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019. 22 Commission Communication - Stepping up Europe’s 2030 climate ambition, Investing in a climate-neutral future for the benefit of our people, COM(2020) 562 final of 17 September 2020
Amendment 54 #
2020/0360(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The European Council and Parliament have repeatedly stressed the need to strengthen electricity interconnections between Member States. These interconnections have multiple positive effects for the Union, such as more renewable energy integration capacity, increased security of supply and improved competition in the internal energy market. As part of the Clean Energy for All Europeans package, an agreement was reached on a 15 % electricity interconnection target in 2030. The Commission Communication of 23 November 2017 entitled ‘Strengthening Europe’s energy networks’ assesses progress towards achieving the 10 % interconnection target by 2020 and proposes ways to implement the 15 % target by 2030.
Amendment 60 #
2020/0360(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification and the use of hydrogen based on renewable sources and the decarbonisation of the gas sector. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the energy efficiency first principle.
Amendment 69 #
2020/0360(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050, which will require substantial changes for gas infrastructures to support the energy transition. Therefore, the natural gas infrastructure no longer needs the same kind of support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. is support should be aimed mainly at the progressive integration of hydrogen and renewable gases in gas networks. The planning of energy infrastructure should reflect this changing gas landscape and should condition the support so that gas infrastructure can be used in the future for hydrogen. _________________ 27 SWD(2020) 176 final
Amendment 88 #
2020/0360(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Moreover, the Commission’s Hydrogen Strategy29 concluded that for the required deployment of hydrogen a large- scale infrastructure network is an important element that only the Union and the single market can offer. There is currently very limited dedicated infrastructure in place to transport and trade hydrogen across borders. Such should consist of a significant extent of assets converted from natural gas, complemented by new assets dedicated to hydrogen. Furthermore, the Hydrogen Strategy sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or transport. Therefore, the TEN-E policy should include new and repurposed hydrogen transmission infrastructure, retrofitted pipelines for regional and temporary blending solutions and storage as well as electrolyser facilities. Hydrogen transmission and storage infrastructure should also be included in the Union-wide ten-year network development plan so as to allow a comprehensive and consistent assessment of their costs and benefits for the energy system, including their contribution to sector integration and decarbonisation, with the aim of creating a hydrogen backbone for the Union. _________________ 29A hydrogen strategy for a climate- neutral Europe, COM(2020) 301 final.
Amendment 97 #
2020/0360(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable electricity generation, also in the islands and the outermost regions. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid. In addition, that requires stepping up investment in offshore renewable energy30 . Coordinating long- term planning and development of offshore and onshore electricity grids should also be addressed. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of each sea basin, environmental protection and other uses of the sea. _________________ 30 Offshore Strategy Communication
Amendment 111 #
2020/0360(COD)
Proposal for a regulation
Article 1 – paragraph 1
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 the Union’s 2030 climate and energy targets, as set in article 2(11) of Regulation (EU) on the Governance of the Energy Union and Climate Action, and the climate neutrality objective by 2050.
Amendment 131 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii a (new)
Article 4 – paragraph 1 – point c – point ii a (new)
(ii a) is located on the territory of one Member State, on islands non sufficiently connected to the trans-European energy networks, falling under the definition of small connected systems or isolated systems according to Directive 2019/944, and makes a significant contribution to the Union´s 2030 climate and energy targets.
Amendment 141 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a – point i
Article 4 – paragraph 3 – point a – point i
(i) market integration, including through lifting the isolation of at least oneby increasing the level of interconnection between Member State ands, reducing energy infrastructure bottlenecks;, increasing competition and system flexibility;
Amendment 208 #
2020/0360(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Projects of common interest falling under the categories set out in points (1)(d), (2), (4), (4a) 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, 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.
Amendment 233 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 4 – point 13 a (new)
Annex I – Part 4 – point 13 a (new)
(13 a) Integration of small connected or isolated systems and islands, including outermost regions: Development of electricity transmission and storage infrastructures (as referred to in point a) of the third paragraph of Article 4) contributing to a better interconnection of islands and to a more efficient integration of renewables and overall energy system integration.
Amendment 240 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
Annex II – paragraph 1 – point 2 – point a
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biomethane or hydrogen) into the network: retrofitting of gas transmission, storage and LNG infrastructures enabling to increase the blend of hydrogen, digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, quality control and management of gas production, transmission, distribution and consumption within a gas network. Furthermore, such projects may also include equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network.
Amendment 246 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Any of the assets listed in points (a), (b), (c), and (d) may be newly constructed assets or assets converted or repurposed from natural gas dedicated to hydrogen, or a combination of the two.
Amendment 253 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a
Annex II – paragraph 1 – point 4 – point a
Amendment 256 #
2020/0360(COD)
(b) related equipment, including pipeline connections to the gas network.
Amendment 257 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 4 a (new)
Annex II – paragraph 1 – point 4 a (new)
(4 a) concerning gas: a) transmission pipelines for the transport of natural gas and biomethane that form part of a network which mainly contains high-pressure pipelines, excluding high- pressure pipelines used for upstream or local distribution of natural gas; b) underground storage facilities connected to the above-mentioned high- pressure gas pipelines; c) reception, storage and regasification or decompression facilities for liquefied natural gas (LNG) or compressed natural gas (CNG); d) any equipment or installation essential for the system to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations; Any of the assets listed in points a), b), c), and d) shall avoid a gas lock-in risk and ensure its compatibility with pure hydrogen through cost-efficient conversion or repurposing;
Amendment 268 #
2020/0360(COD)
(f) for electrolysers, the project provides at least 1060 MW installed capacity and the brings benefits directly or indirectly to at least two Member States;. For innovative midstream value chains, the project provides at least 30 MW installed capacity and brings benefits directly or indirectly to at least two Member States. The project can reach these capacities through several phases and/or projects.
Amendment 291 #
2020/0360(COD)
Proposal for a regulation
Annex V – point 4
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 assessment of economic, including market integration, security of supply, improving capacity to integrate renewable production, cross-sectorial investment optimisation and competition, social and environmental and climate impacts, including the cross-sectorial efficiency and sustainability impacts. The methodology shall include details on why, what and how each of the benefits and costs are calculated.
Amendment 16 #
2013/2043(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to explore the possibilities of creating a European Trustmark for e-commerce, which would guarantee that a business operating online fully respects EU law; it should be simple and well-structured, and should be rich with content that provides added value for the whole chain of e-commerce, thus boosting confidence and transparency, as well as legal certainty for both consumers and businesses, and should provide information in a form compliant with the existing, non-legally binding W3C standards, in the interests of people with disabilities; Stresses, furthermore, the need for an integrated approach in order to improve consumer confidence as regards accessing legal cross border online services;
Amendment 45 #
2013/0265(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For domestic transactions, a transition period is necessary to provide payment services providers and schemes with time to adapt to the new requirements. Therefore, after a two yearsix month period following the entry into force of this Regulation and in order to provide for a completion of an internal market for card- based payments, the caprules on interchange fees for consumer card transactions should be extended to cover all, cross-border and domestic payments.
Amendment 67 #
2013/0265(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) It is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers. To avoid this, the ‘'net compensation’' of fees paid and received by the issuing payment service provider from a payment card scheme should be considered as the interchange fee. When calculating the interchange fee, for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme with respect to the regulated transactions less the fees paid by the issuing payment services provider to the scheme and the monetary incentives or equivalent received by a cardholder from a payment card scheme should be taken into account. PAll payments, incentives and fees considered could be, whether direct (i.e. volume- based or transaction- specific) or indirect (including marketing incentives, bonuses, rebates for meeting certain transaction volumes), in addition to any monetary or other incentives directed at the cardholder, shall be considered under this assessment. For the purposes of this Regulation, the estimated corresponding amount of direct or indirect incentives or equivalent should not be spread over more than a one-year period and should not be amortised for inflation or other purposes.
Amendment 78 #
2013/0265(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The Honour all Cards Rule is a twofold obligation imposed by issuing payment services providers and payment card schemes on payees to, on the one hand, accept all the cards of the same brand (‘'Honour all Products’' - element), irrespective of the different costs of these cards, and on the other hand irrespective of the individual issuing bank which has issued the card (‘'Honour all Issuers’' – element). It is in the interest of the consumer that for the same category of cards the payee cannot discriminate between issuers or cardholders, and payments schemes and payment service providers can impose such obligation on them. Therefore, although the ‘'Honour all Issuers’' element of the Honour all Cards Rule is a justifiable rule within a payment card system, since it prevents that payees from discriminating between the individual banks which have issued a card, the ‘'Honour all Products’' element is essentially a tying practice that has the effect of tying acceptance of low fee cards to acceptance of high fee cards. A removal of the ‘'Honour all Products’' element of the Honour All Cards Rule would allow merchants to limit the choice of payment cards they offer to low(er) cost payment cards only, which would also benefit all consumers through reduced merchants' costs. Merchants accepting debit cards would then not be forced also to accept credit cards, and those accepting credit cards would not be forced to accept commercial cards. Failing this, all consumers including those not able to afford expensive cards or paying with cash or cheaper cards would cross- subsidise the use of expensive cards by better off consumers. Retailers including small retailers could also, if forced to accept the most expensive cards, decide not to accept card-based payments but turn to cash. However, to protect the consumer and his ability to use the payment cards as often as possible, merchants should be obliged to accept all cards that are subject to the same regulated interchange fee. Such a limitation would also result in a more competitive environment for cards with interchange fees not regulated under this Regulation, as merchants would gain more negotiating power as regards the conditions under which they accept such cards. These cost- savings would in turn benefit all consumers through lower retail prices
Amendment 82 #
2013/0265(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) For the effective functioning of the limitations to the Honour All Cards Rule certain information is indispensable. First, payees and payers should have the means to identify the different categories of cards. Therefore, the various categories should be identifiable visibly and electronically on the device or the terminal as appropriate. Secondly, also the payer should be informedclearly and comprehensively informed in an understandable manner about the acceptance of his payment instrument(s) at a given point of sale. It is necessary that any limitation on the use of a given brand to be announced by the payee to the payer at the same time and under the same conditions as the information that a given brand is accepted.
Amendment 88 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down uniform technical and business requirements for payment card based payment transactions carried out within the Union, where both the payee and the payer's payment service provider and the payee's payment service provider are establishlocated therein.
Amendment 96 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
Amendment 101 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
Amendment 119 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘debit card transaction’ means an card payment transaction included withing prepaid cards linked to a current or deposit access account to which a transaction is debited in less than or 48 hours after the transaction has been authorised/initiatedtwo business days after the receipt of the payment order by the issuer.
Amendment 127 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘'credit card transaction’' means an card payment transaction where thea transaction is settleddebited in more than 48 hours after the transaction has been authorised/initiated;two business days after the receipt of the payment order by the issuer.
Amendment 128 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 136 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘cross-border payment transaction’ means a card payment or card-based payment transaction initiated by a payer or by a payee where the payer's payment service provider and the payee's payment service provider are established in different Member States or where the payment card is issued by an issuing payment service provider established in a different Member State than that of the point of sale, including when a payee is using the services of an acquirer located in another Member State;
Amendment 140 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘interchange fee’ means a fee paid for each transaction directly or indirectly (i.e. through a third party) between the payment service providers of the payer and of the payee involved in a payment card or a payment card-based transaction, and includes fees applied by 3-party schemes by way of any internal transfer between the acquiring side and the issuing side of the same legal entity;
Amendment 205 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. With effect from two yearsix months after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,2 % of the value of the transaction for any debit card based transactions.
Amendment 222 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from two yearsix months after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,3 % of the value of the transaction for any credit card based transactions.
Amendment 230 #
2013/0265(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
For the purposes of the application of the caps referred to in Article 3 and Article 4, any net compensation received by an issuing bank from a payment card scheme in relation to payment transactions or related activities shall be treated as part of the interchange feeand the monetary incentives or equivalent received by a cardholder from a card scheme shall be treated as part of the interchange fee. These amounts shall not be amortised or spread over more than a one year period for assessing the net compensation.
Amendment 241 #
2013/0265(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a For cross-border transactions, the interchange fee applicable is the interchange fee of the country of the acquirer.
Amendment 255 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Any schemes rules and rules in licensing agreements or measures of equivalent effect that hinder or prevent an issuer from co-badging two or more different brands of payment instruments on a card, telecommunication, digital or IT device shall be prohibited.
Amendment 261 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Any difference in treatment of issuers or acquirers in schemes rules and rules in licensing agreements concerning co- badging or equivalent co-residing of different brands or applications on a card, telecommunication, digital or IT device shall be objectively justified and non- discriminatory.
Amendment 263 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Payment card schemes shall not impose reporting requirements, obligations to pay fees or other obligations with the same object or effect on card issuing and acquiring payment services providers for transactions carried out with any card, telecommunication, digital or IT device on which their brand is present in relation to transactions for which their scheme is not used.
Amendment 265 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Any routing principles aimed at directing transactions through a specific channel or process and other technical and security standards and requirements with respect to the handling of more than one payment card brand on a card, telecommunication, digital or IT device shall be non-discriminatory and shall be applied in a non-discriminatory manner, giving the payee the possibility of refusing certain cards or other payment instruments in accordance with Article 10 of this regulation.
Amendment 267 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Any routing principles aimed at directing transactions through a specific channel or process and other technical and security standards and requirements with respect to the handling of more than one payment card brand or equivalent on a card, telecommunication, digital or IT device shall be non-discriminatory and shall be applied in a non-discriminatory manner.
Amendment 283 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Payment schemes and payment service providers shall not apply any rule that may oblige payees accepting cards and other payment instruments issued by one issuing payment service provider within the framework of a payment instruments scheme to also accept other payment instruments of the same brand and/or category issued by other issuing payment service providers within the framework of the same schemebased on these to also accept other payment instruments of the same brand and/or category, except if they are subject to the same regulated interchange fee.
Amendment 297 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Issuing payment service providers shall ensure that their payment instruments are visibly and electronically identifiable, enabling payees and payers to identify unequivocally which brands and categories of prepaid, debit, credit or commercial cards or card based payments based on these are chosen by the payer.
Amendment 170 #
2013/0246(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Level of harmonisation 1. This Directive shall not preclude Member States from maintaining or introducing more stringent provisions in order to protect consumers, provided that such provisions are consistent with their obligations under European Union law and with the laws of the Member States. 2. Notwithstanding paragraph 1, the information requirements laid down in this Directive shall be comprehensive but without prejudice to the information requirements provided for in other applicable EU legislation (cf. Directives 2000/31/EC and 2006/123/EC, and Regulations (EC) No 1107/2006, (EC) No 1008/2008, (EC) No 1371/2007, (EC) No 181/2011, (EC) No 1177/2010 and (EC) No 211/2005).
Amendment 218 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a – point iii
Article 4 – paragraph 1 – point a – point iii
iii) the location, and main features of the accommodation and the tourist category ofawarded to it by the body with competence for the place in which the accommodation is located;
Amendment 229 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
ga) the possibility of cancelling the contract, the deadlines for this and, where applicable, the penalty set for doing so.
Amendment 231 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g b (new)
Article 4 – paragraph 1 – point g b (new)
gb) the possibility of transferring the package travel contract to another traveller, and possible limitations on, and consequences of, that transfer.
Amendment 233 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g c (new)
Article 4 – paragraph 1 – point g c (new)
gc) where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism to which the operator is subject and the methods for having access to this.
Amendment 239 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The information referred to in paragraph 1 shall be provided in a clear and prominent mannerintelligible form.
Amendment 244 #
2013/0246(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that the organiser may not change the information made known to the traveller pursuant to points (a), (c), (d), (e) and (g) of Article 4, unless the organiser reserves the right to make changes to that information and communicates any changes to the traveller in a clear and prominentintelligible manner before the conclusion of the contract.
Amendment 251 #
2013/0246(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that package travel contracts are in plain and intelligible language and, in so far as they are in writing, legibleLinguistic amendment not affecting the English version.
Amendment 306 #
2013/0246(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and, or personal or family circumstances, when these significantly affecting the package.
Amendment 314 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the organiser is and retailers aresponsible for the performance of the travel services included in accountable, each in their respective areas of management of the travel package, for ensuring that the obligations under theat contract are fulfilled, irrespective of whether those services in question are to be performed by the organiser or by other service providers, and without prejudice to the right of organisers and retailers to take action against service providers.
Amendment 318 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 (new)
Article 11 – paragraph 1 – subparagraph 1 (new)
All operators which are joint parties to the contract – be they organisers or retailers – shall have joint responsibility in respect of consumers, regardless of what kind of undertaking they are and of the relationship between them, and this without prejudice to the right of recourse of the entity responsible vis-à-vis consumers against the entity not fulfilling or not correctly performing the contract in its respective area of management of the travel package.
Amendment 320 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If any of the services are not performed in accordance with the contract, the organiser or, where relevant, the retailer, each in its respective area of management of the contract, shall remedy the lack of conformity, unless this is disproportionate.
Amendment 324 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a significant proportion of the services representing at least 20% of the total contract price or constituting an essential feature of the trip or holiday cannot be provided as agreed in the contract, the organiser shall make suitable alternative arrangements, at no extra cost to the traveller, for the continuation of the package, including where the traveller's return to the place of departure is not provided as agreed.
Amendment 334 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. As long as it is impossible to ensure the traveller's timely return because of unavoidable and extraordinary circumstances, the organiser shall not bear the cost for the continued stay exceeding EUR 100 per night and three nights per traveller, jointly with the retailer where relevant, shall bear a proportion of the daily cost for the continued stay for each of the days covered by the travel package contract.
Amendment 17 #
2013/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
b) bBeing represented, in its published form and its inscription in the register, in a manner which enables the competent authorities and the public to determine the precise subject of the protection afforded to its proprietor.
Amendment 30 #
2013/0089(COD)
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
1. Member States shall provide for an efficient and expeditious administrative procedure before their offices for opposing the registration of a trade mark application on the grounds provided for in Article 5.
Amendment 31 #
2013/0089(COD)
Proposal for a directive
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The administrative procedure referred to in paragraph 1 shall provide that at least the proprietor of an earlier right referred to in point (i) of Article 4(1) and Article 5(2) and (3) shall be able to file a notice of opposition.
Amendment 15 #
2013/0088(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) As a consequence of the entry into force of the Lisbon Treaty, the terminology of Regulation (EC) No 207/2009 should be updated. This implies the replacement of '‘Community trade mark'’ by '‘European Union trade mark'’. In line with the Common approach on decentralised Agencies, agreed in July 2012 by the European Parliament, the Council and the Commission, the name 'Office for Harmonisation in the Internal Market (trade marks and designs) ' should be replaced by 'European Union Trade Marks and Designs Agency' (hereinafter 'the Agency').
Amendment 16 #
2013/0088(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trade marks, the requirement of graphic representability should be deleted from the definition of a European trade mark. A sign should be permitted to be represented in any appropriate form, and thus not necessarily by graphic means, as long as the representationwith the requirement that it be possible to represent the sign, when published and inscribed in the register, in a way that enables the competent authorities and the public to determine with precision and clarity the precise subject matter of protection.
Amendment 22 #
2013/0088(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to ensure an effective and efficient method to resolve disputes, to ensure consistency with the language regime laid down in Regulation (EC) No 207/2009, the expeditious delivery of decisions on a simple subject matter, and the effective and efficient organisation of the Boards of Appeal, and to guarantee an appropriate and realistic level of fees to be charged by the Agency, while complying with the budgetary principles set out in Regulation (EC) No 207/2009, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the details onrules for applying the languages regime to be used beforein the Agency, the cases where opposition and cancellation decisions should be taken by a single member, the details on the organisation of the Boards of Appeal, the amounts of the fees to be paid to the Agency and details related to their payment.
Amendment 79 #
2013/0049(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The scope of this Regulation should not be limited to any selling technique of consumer products, and thus also cover distance selling, such as electronic selling, online sales and sales platforms, ...
Amendment 113 #
2013/0049(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation lays down rules on the safety of consumer products placed or made available on the Union market and its main aim is to ensure that products available on the market are safe for consumers.
Amendment 127 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Chapters II to IV of this RegulationI shall not apply to products subject to requirements designed to protect human health and safety laid down in Union harmonisation legislation or pursuant to it and Chapter II shall apply in a supplementary manner to aspects not covered by said legislation.
Amendment 151 #
2013/0049(COD)
Proposal for a regulation
Article 5 - paragraph 1 a (new)
Article 5 - paragraph 1 a (new)
The presumption of safety does not exonerate the market surveillance authorities from carrying out actions pursuant to the Regulation on market surveillance in cases where new evidence arises of risks posed by a product, even though it meets or complies with the requirements.
Amendment 152 #
2013/0049(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a When assessing the safety of a product, the precautionary principle shall in all cases be taken into account.
Amendment 156 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Article 6 – paragraph 1 – subparagraph 1 – introductory part
In order to assess whether absence of product is safe, account shall be taken of the following aspects where they are not included in Union harmonisation legislation, in European standards or in the health and safety requirements laid down in the law of the Member State wherein which the product is made available on the market as referred to in points (a), (b) and (c) of Article 5, the following aspects shall be taken into account when assessing whether a product is safe, in particular:
Amendment 167 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point e
Article 6 – paragraph 1 – subparagraph 1 – point e
(e) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics, or where a product is attractive to children because of its characteristics: form, decoration, odour,, sound, movement, etc.
Amendment 176 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) standards of other Member States
Amendment 177 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c b (new)
Article 6 – paragraph 2 – point c b (new)
(cb) basic requirements published by the Commission in order to comply with the provisions of Article 4.1(a) of the GPSD
Amendment 201 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Manufacturers shall provide consumers with sufficient information allowing them to assess the risks inherent to a product in the course of its normal or foreseeable use, where such risks are not immediately evident without proper warning, so that they can take precautions against such risks. Manufacturers shall assess the risks posed by products before placing them on the market.
Amendment 203 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in Article 4. Manufacturers shall keep a register of checks carried out on batches and be available to the surveillance authorities when required
Amendment 209 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Proportionate to the possible risks of a product, mManufacturers shall, to protect the health and safety of consumers, carry out sample testing of products made available on the market, investigate complaints and keep a register of complaints, non- conforming products and product recalls, and shall keep distributors informed of any such monitoring. This information shall be made available to the surveillance authorities on request.
Amendment 214 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Amendment 216 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point a
Article 8 – paragraph 4 – subparagraph 1 – point a
(a) a general description of the product andwhich enables the product information file to be clearly attributed to the product, and of its essential properties relevant for assessing the product'’s safety;
Amendment 217 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point a a (new)
Article 8 – paragraph 4 – subparagraph 1 – point a a (new)
(aa) Name and address of manufacturer. The technical documentation shall be provided in the language of the Member State in which the product is marketed or in one acceptable to the market surveillance authorities by which it is requested.
Amendment 227 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep, for a period of ten years after the product has last been placed on the market, the technical documentation and make it available to the market surveillance authorities, upon request.
Amendment 241 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
Manufacturers shall ensure that their product is accompanied by instructions and safety information addressed to the consumer in a clear and comprehensible manner and in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
Amendment 92 #
2013/0048(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) This Regulation should comply with the precautionary principle in order to ensure a high level of human health, consumer and environmental protection.
Amendment 98 #
2013/0048(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down a framework for verifying that products meet requirements which safeguard, at a high level, the health and safety of persons in general, health and safety in the workplace, consumer protection, the environment, public security and other public interests, and for general compliance with EU legislation.
Amendment 99 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘product’ means any product obtained through a manufacturing processsupplied or made available as part of a business activity, either in exchange for payment or free of charge;
Amendment 106 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘market surveillance authority’ means an authority of a Member State responsible for carrying out market surveillance on its territorycompetent for exercising the regulated powers under by this Regulation;
Amendment 127 #
2013/0048(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Market surveillance shall be organised and carried out in accordance with this Regulation with a view to ensuring that products presenting a risk and, more generally, products that are not compliant with the applicable Union legislation, are not made available on the Union market and, where such products have been made available, effective measures are taken to remove the risk presented by the product. and to put an end to its non-compliance.
Amendment 134 #
2013/0048(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The implementation of market surveillance activities and external border controls shall be monitored by the Member States which shall report on these activities and controls to the Commission every year. The information reported shall include statistics regarding the number of controls carried out and shall be communicated to all Member States. Member States may make a summary of the results accessible to the public via the Commission.
Amendment 138 #
2013/0048(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Member States shall make a summary of the results of the monitoring and assessment of market surveillance activities carried out pursuant to paragraph 3 shall be made available to the public, electronically and, where appropriate, by other means.
Amendment 146 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Market surveillance authorities shall perform appropriate checks on the characteristics of products, irrespective of the distribution channels and selling techniques, on an adequate scale and with adequate frequency, by means of a documentary check and, where necessary, a physical and laboratory check on the basis of an adequate sample. They shall record these checks in the information and communication system for market surveillance referred to in Article 21.
Amendment 152 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 158 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
They shall cooperate with economic operators to prevent or reduce risks caused by products made available by those operators. For this purpose, they market surveillance authorities shall encourage and promote voluntary action by economic operators including, where applicable, through the development of and adherence to codes of good practice.
Amendment 164 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where it is necessary and justified for carrying out their duties, market surveillance authorities may enter the premises of economic operators, carry out appropriate documentary checks, make copies of relevant documents and take any necessary samples of products.
Amendment 175 #
2013/0048(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Each Member State shall draw up a general market surveillance programme and shall review that programme, and update it if necessary, at least every four years. The programme shall cover market surveillance organisation and related activities and take into account the specific needs of business generally, and SMEs in particular, when implementing Union harmonisation legislation and Regulation (EU) No […/…] [on consumer product safety], and provide for guidance and assistance. It shall include the following:.
Amendment 179 #
2013/0048(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 183 #
2013/0048(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The general and sector-specific programmes and their updates shall be communicated to the other Member States andvia the Commission and, subject to Article 6(6), shall be made accessible to the public electronically and, where appropriate, by other means.
Amendment 208 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
1. Where, in the course of carrying out the checks referred to in Article 6(1) or as a result of information received, market surveillance authorities have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may present a risk, they shall carry out a risk assessment in relation to that product taking account of the considerations and criteria set out in Article 13 of this Regulation and in Article 6 of the Regulation on Consumer Product Safety.
Amendment 211 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Market surveillance authorities shall take due consideration of any readily available and comprehensible test result and risk assessment that has already been carried out or issued in relation to the product by an economic operator or any other person or authority including the authorities of other Member States.
Amendment 217 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 – introductory part
Article 9 – paragraph 2 – subparagraph 1 – introductory part
In relation to a product that is subject to Union harmonisation legislation, formal non-compliance with thatEU legislation shall give market surveillance authorities sufficient reason to believe that the product may present a risk in any of the following cases:
Amendment 227 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Without prejudice to Article 10(4), where market surveillance authorities find that a product does present a risk they shall without delay specify the necessary corrective action to be taken by the relevant economic operator to address the risk within a specified period. Market surveillance authorities may recommend or agree with the relevant economic operator the corrective action to be taken in which he can implement that action and present his case, submitting any relevant statements.
Amendment 236 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Corrective action to be taken by economic operators in relation to a product presenting a risk may include:
Amendment 237 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point b – introductory part
Article 9 – paragraph 4 – point b – introductory part
(b) in the case of a product that is liable to present a risk only in certain conditions or only to certain persons and where such risk is not addressed by requirements of Union harmonisation legislation:
Amendment 239 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point b – point iii
Article 9 – paragraph 4 – point b – point iii
(iii) alerting the persons at risk to the risk, in good timemmediately and in an appropriate form, including by publication of special warnings;
Amendment 241 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point d – point i
Article 9 – paragraph 4 – point d – point i
(i) preventing immediately the product from being placed or made available on the market;
Amendment 251 #
2013/0048(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 254 #
2013/0048(COD)
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point a
Article 10 – paragraph 5 – subparagraph 1 – point a
(a) be communicated without delay to the economic operator together with information about the remedies available under the law of the Member State concerned;
Amendment 259 #
2013/0048(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. MIn the case of products found to present a risk, market surveillance authorities shall publish information about product identification, the nature of a risk and the measures taken to prevent, reduce or eliminate that risk on a dedicated website to the fullest extent necessary to protect the interests of users of products in the Union. This information shall not be published where it is imperative to observe confidentiality in order to protect commercial secrets, preserve personal data pursuant to national and Union legislation or avoid undermining monitoring and investigation activities.
Amendment 265 #
2013/0048(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Within 6015 days of communication by the Commission to the Member States, pursuant to Article 20(4), of measures taken pursuant to paragraphs 1 or 4 of Article 10 by the original notifying Member State, a Member State may object to those measures where they relate to a product subject to Union harmonisation legislation. The Member State shall state its reasons for objecting, indicate any difference in its assessment of the risk presented by the product and mention any special circumstances and any additional information relating to the product in question.
Amendment 266 #
2013/0048(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where an objection is raised by a Member State pursuant to paragraph 1 or the Commission considers that the national measures may be contrary to Union legislation, the Commission shall without delay enter into consultation with the notifying Member State and the relevant economic operator(s) and shall evaluate, within 60 days at the most, the national measures, taking account of all available scientific or technical evidence.
Amendment 267 #
2013/0048(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. If an objection is raised within 15 days by the Commission or a Member State in accordance with paragraph 1, the Commission shall inform all the Member States through the RAPEX contact points.
Amendment 273 #
2013/0048(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
On duly justified imperative grounds of urgency relating to the health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public security and other public interests, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 32(3).
Amendment 274 #
2013/0048(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 3 a (new)
Article 12 – paragraph 1 – subparagraph 3 a (new)
In respect of consumer products presenting health and safety risks, the measures adapted under the previous paragraphs shall be implemented in accordance with Article XXX of the CPSR.
Amendment 276 #
Amendment 286 #
2013/0048(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) any requirements laid down in or pursuant to Union harmonisation legislation that apply to the product and relate to the potential risk under consideration, taking full account of test reports or certificates attesting conformity and issued by a conformity assessment body;
Amendment 287 #
2013/0048(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. In the absence of requirements laid down in paragraphs (a), (b) and (c), account must be taken of the provisions of Article 6 of the Regulation on Consumer Product Safety;
Amendment 289 #
2013/0048(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Compliance with the criteria referred to in points (a), (b) and (c) of paragraph 2 shall raise a presumption that the product adequately safeguards the public interests to which those criteria relate. However, this shall not prevent market surveillance authorities from taking action under this Regulation where there is new evidence that, despite such conformity or compliance, the product presents a risk.
Amendment 301 #
2013/0048(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Article 14 – paragraph 3 – subparagraph 2 – introductory part
In relation to a product which must comply with Union harmonisation legislation when it is released for free circulation, formal non-compliance with that legislation shall give the authorities of Member States sufficient reason to believe that the product may present a risk in any of the following cases:
Amendment 306 #
2013/0048(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. In the case of perishable products, the authorities in charge of external border controls shall, as far as possible, seekfacilitate measures to ensure that any requirements they may impose with regard to the storage of products or the parking of vehicles used for transport are not incompatible with the preservation of those products.
Amendment 309 #
2013/0048(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Compliance with the requirements of any Union harmonisation legislation that apply to the product upon its release which relate to the potential risk under consideration, taking full account of test reports or certificates attesting conformity and issued by a conformity assessment body, shall raise a presumption on the part of market surveillance authorities that the product does not present a risk. However, this shall not prevent those authorities from instructing the authorities in charge of external border controls not to release the product where there is evidence that, despite such compliance, the product does in fact present a risk.
Amendment 315 #
2013/0048(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Within 6015 days of communication by the Commission to the Member States, pursuant to Article 20(4), of any refusal to release a product for free circulation by the original notifying Member State, a Member State may object to that refusal where it relates to a product subject to Union harmonisation legislation. The Member State shall state its reasons for objecting, indicate any difference in its assessment of the risk presented by the product and mention any special circumstances and any additional information relating to the product in question.
Amendment 316 #
2013/0048(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Where an objection is raised by a Member State under paragraph 1 or the Commission considers that the refusal may be contrary to Union legislation, the Commission shall without delay enter into consultation with the notifying Member State and the relevant economic operator(s) and shall evaluate the refusal, , within a maximum period of 60 days evaluate the national measures, taking account of all available scientific or technical evidence.
Amendment 317 #
2013/0048(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. If an objection is entered within 15 days in accordance with paragraph 1 by the Commission or a Member State, the Commission shall inform all the Member States through the RAPEX contact points.
Amendment 330 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point b a (new)
Article 20 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) measures adopted in response to cases of formal non-compliance which have not been rectified and could result in serious risk (Art. 9(2))
Amendment 331 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point b b (new)
Article 20 – paragraph 1 – subparagraph 1 – point b b (new)
(bb) measures notified by economic operators to the market supervisory authorities in accordance with Articles 8(9), 10(7) and 11(5) of the Regulation on Consumer Product Safety (CPSR).
Amendment 335 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point a
Article 20 – paragraph 2 – subparagraph 1 – point a
(a) the ndature and level of the risk, including a summary of the results of the risk assessmena necessary to identify the product;
Amendment 336 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point b
Article 20 – paragraph 2 – subparagraph 1 – point b
(b) the nature of any non-compliance with Union harmonisation legislationand risk level and summary of safety and risk assessment findings;
Amendment 338 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point c
Article 20 – paragraph 2 – subparagraph 1 – point c
(c) the dnata necessary to identify the producture of any infringement of EU legislation;
Amendment 339 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point d
Article 20 – paragraph 2 – subparagraph 1 – point d
(d) the origin and the supply chain of the productnature of the measure or corrective action taken and whether voluntary or compulsory;
Amendment 340 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point f
Article 20 – paragraph 2 – subparagraph 1 – point f
(f) the nature of the measure or corrective action taken and whether voluntary, approved, requiredorigin and the supply chain of the product;
Amendment 348 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The Member States shall immediatelyas soon as possible inform the Commission of the action or measures taken following receipt of a notification and shall provide any supplementary information, including the results of any tests or analyses carried out or possible differences in views. The Commission shall immediately transmit this information to other Member States..
Amendment 353 #
2013/0048(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point e
Article 21 – paragraph 1 – subparagraph 1 – point e
(e) any non-compliance with Union harmonisation legislation other than measures or corrective action notified under RAPEX in accordance with Article 20;
Amendment 354 #
2013/0048(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point f
Article 21 – paragraph 1 – subparagraph 1 – point f
Amendment 356 #
2013/0048(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Market surveillance authorities shall recognise the validityas far as possible take into account and make use of test reports prepared by or for their counterparts in other Member States and entered into ICSMS.
Amendment 360 #
2013/0048(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The Commission and, together with the Member States may exchange confidential information, including information exchanged through RAPEX, with regulatory authorities of third countries or international organisations with which the Commission and the Member State or group of Member States have concluded bilateral or multilateral confidentiality arrangements based on reciprocity.
Amendment 362 #
2013/0048(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Market surveillance authorities shall, on receipt of a duly motivated request from a market surveillance authority in another Member State, provide any relevant information or documentation and which has exhausted other channels carry out cthecks, inspections or investigations and report on them andconsidered necessary and report on any follow-up action taken to the requesting authority.
Amendment 363 #
2013/0048(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Market surveillance authorities may cooperate with the competent authorities of third countries with a view to exchanging information and technical support, promoting and facilitating access to Union information exchange systems in, excluding the RAPEX system, in accordance with Article 19(4), and promoting activities relating to conformity assessment and market surveillance.
Amendment 366 #
2013/0048(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) to organisefacilitate the organisation of joint market surveillance and joint testing projects;
Amendment 367 #
2013/0048(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) to organisefacilitate the organisation of training programmes and exchanges of national officials;
Amendment 369 #
2013/0048(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point g
Article 27 – paragraph 1 – point g
(g) to organisefacilitate the organisation of information campaigns and joint visit programmes;
Amendment 371 #
2013/0048(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point j
Article 27 – paragraph 1 – point j
(j) to contribute to the development of guidance to ensure the effective and uniform implementation of this Regulation, taking due account of the interests of business, in particular small and medium- sized enterprises, consumer protection, and other stakeholders;
Amendment 373 #
2013/0048(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point l a (new)
Article 27 – paragraph 1 – point l a (new)
(la) to contribute to the creation of a European network of product safety laboratories.
Amendment 378 #
2013/0048(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 383 #
2013/0048(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 3 #
2012/2040(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that in the current crisis it is essential to take action to boost economic growth and job creation and restimulate consumption. While the digital market provides a great opportunity to achieve these objectives, the European Union must for this purpose be in a position to establish a full digital internal market. It is vital to demolish existing obstacles on the one hand and boost consumer confidence on the other; in this connection, the existence of a neutral and safe European single market for card, internet and mobile payments facilitating free competition and innovation is essential for the achievement of a genuine single digital market and could greatly contribute to increasing consumer confidence;
Amendment 4 #
2012/2040(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that the development of transparent, safe and effective payment systems in the European digital market is essential to ensure a genuine digital economy and facilitate cross-border e- commerce;
Amendment 6 #
2012/2040(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recognises in this connection that the Single Euro Payments Area (SEPA) is a cornerstone for the creation of an integrated European payments market and should serve as a basis for developing it and making it more innovative and competitive;
Amendment 10 #
2012/2040(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. welcomes the provisions in the new Consumer Rights Directive with respect to additional payments and the ban on exceeding fees for the use of means of payment, which will contribute to the confidence of consumers when shopping online; calls however on the Commission to continue its efforts with respect to the creation of a level playing field in the area of card, internet and mobile payments, benefitting consumers and businesses alike in a Digital Single Market;
Amendment 11 #
2012/2040(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that, in this connection, measures should be taken to halt frequent discrimination against European consumers whose payments for cross- border online transactions are not accepted because of their provenance;
Amendment 18 #
2012/2040(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that care must be taken to ensure that any such measures always comply with the principles of free competition and free market entry and access, taking account of future technological innovations in this sector so as to adapt to future developments and consistently promoting and facilitating innovation and competitiveness;
Amendment 27 #
2012/2040(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that domestic and cross-border multilateral interchange fees in the Single Euro Payments Area (SEPA) should be harmonised and progressively banned by a fixed deadline and that, in parallel,in such a way as to respect the free market and European competition rules and encourage market transparency so as to ensure that consumers are not overcharged. In parallel, calls for the unfair treatment of consumers in the form of surcharges, rebatehidden costs and other use of steering practices shouldlimiting or restricting consumer choice to be progressively banned as well, paving the way for a more transparent, accessible and, in the eyes of consumers, trustworthy European single market of payments;
Amendment 8 #
2012/2030(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas e-commerce has become an essential part of commerce and an important driver of consumer choice, competition and technological innovation, given that consumers and businesses differentiate less and less between online and offline in their daily life;
Amendment 12 #
2012/2030(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the benefits of globalisation can be more evenly distributed among consumers and SMEs thanks to the Internet and e-commerce;
Amendment 16 #
2012/2030(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Internet allows new businesses, in particular SMEs, to start up and existing companies to flourish by finding new market niches;
Amendment 18 #
2012/2030(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the internet and technology constitute tools enabling the internationalisation of SMEs and the increased engagement of SMEs in international markets and trade;
Amendment 19 #
2012/2030(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas consumers benefit from lower prices on e-commerce and a wider choice as well as the convenience of being able to shop without moving - this is particularly beneficial for disabled consumers and consumers in rural or remote areas;
Amendment 21 #
2012/2030(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas most disputes are actually resolved out of court and the time periods conceded to ADR can be too short - an effective ODR system is required;
Amendment 26 #
2012/2030(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission's new communication on e-commerce and online services, published on 11 January 2012, which aims to develop a coherent framework for e-commerce, via the building of trust and the extension of e- commerce and online services to the B2B, B2C, C2C and G2G sectors; calls on the Commission to report on the progress made on the 16 'Main Actions' as set out under the five priority areas of the communication by the end of 2012;
Amendment 34 #
2012/2030(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises the importance of a European cloud computing strategy given its potential for EU competitiveness, growth and jobs creation; stresses that the cloud computing is an opportunity for European IT industry and especially for SMEs thanks to minimal entry costs and low infrastructure requirements, to develop and become leaders in areas such as outsourcing, new digital services and data centres;
Amendment 38 #
2012/2030(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the fact that eliminating remaining legal barriers to e-commerce and providing businesses with both the necessary information and skills and offering them the necessary tools to develop their business online more easily and effectively would be crucial to achieving the goal of creating growth and employment;
Amendment 57 #
2012/2030(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to examine the possibilities of simplifying and standardising the VAT rules for cross-border online transactions and of greater EU-wide harmon; points out that the exisation as regards rates and regimes, and to cut red tape with a view to ensuring a simpler, easier, and more efficient system; stresseng European VAT framework is a barrier to the development of new digital services, and that encouraging companies to develop and offer new Europe-wide online services should be a priority in the revision of the VAT rules; considers that the digital products such as e-booksdistribution of cultural, journalistic and creative content should be subject to the same VAT rate as the equivalent product in physical format;
Amendment 60 #
2012/2030(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to examine the possibilities of simplifying and standardising the VAT rules for cross-border online transactions and of greater EU-wide harmonisation as regards rates and regimes, and to cut red tape with a view to ensuring a simpler, easier, and more efficient system; calls on the Commission and the Member States to seize the opportunity that the 2015 changes to the VAT rules presents and extend the mini One-Stop Shop to e- commerce at least for SMEs; stresses that digital products such as e-books should be subject to the same VAT rate as the equivalent product in physical format;
Amendment 64 #
2012/2030(INI)
Motion for a resolution
Paragraph 11 – subparagraph 1 (new)
Paragraph 11 – subparagraph 1 (new)
calls on the Commission to propose a revision of Directive 2006/112 in order to introduce a new category of electronically provided cultural-content services which would benefit from a reduced rate of VAT;
Amendment 76 #
2012/2030(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Reiterates that a global approach is essential when addressing challenges such as data protection and piracy; encourages, in this regard, close cooperation between the EU and the Internet Governance Forum;
Amendment 81 #
2012/2030(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to modernise the legal framework governing intellectual property rights by proposing and rapidly implementing the European Strategy for Intellectual Property Rights, and looks forward to its proposals on theis matter; such as legislation to simplify the collective management of copyright in Europe and a Directive on Enforcement of IPR and Fight Against Counterfeiting and Piracy;
Amendment 87 #
2012/2030(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the need for initiatives in the Member States to improve e-skills among the general public; notes the importance of equipping EU citizens with digital skills in order to help them to fully exploit the benefits of being online and participating in the digital society;
Amendment 108 #
2012/2030(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the proposed regulation on electronic identification, authentication and signaturend trust services for electronic transactions in the internal market which will strengthen trust and convenience in a secure digital environment; stresses the importance of e- signatures and mutual recognition of eIDs at the European level to ensure legal certainty for European consumers and businesses;
Amendment 110 #
2012/2030(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Stresses that all relevant new single market legislation should be submitted to a Digital Single Market Test;
Amendment 188 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 194 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 199 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 226 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 242 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 257 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 258 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g – point i
Article 9 – paragraph 1 – point g – point i
Amendment 261 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g – point ii
Article 9 – paragraph 1 – point g – point ii
Amendment 271 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
c) define the position, format, layout, and design, rotation and proportions of the health warnings;
Amendment 279 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The text warning referred to in paragraph 1 shall cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging, with the exception of the transparent plastic wrapping commonly used in the retail trade, provided that the warning on the packaging beneath this wrapping can be seen clearly through it. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with three official languages.
Amendment 288 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 306 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, oThe packaging of tobacco products shall not include any symbols, names, trade marks, texts, inserts, scratch-offs andor sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleadingother signs that may suggest that one particular tobacco product is less harmful than others or that may mislead the consumer as regards the harmfulness of tobacco products.
Amendment 309 #
2012/0366(COD)
Proposal for a directive
Article 13
Article 13
Amendment 363 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 8
Article 14 – paragraph 8
8. In addition to the unique identifier, Member States shall require that all unit packets of tobacco products which are placed on the market carry a visible, tamper proof security feature of at least 1 cm², which shall be irremovably printed or affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or other elements mandated by legislation.
Amendment 365 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 459 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(98(4), 9(3), 11(3), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of time from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 463 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(98(4), 9(3), 11(3), 18(2) and 18(5) 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.
Amendment 468 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(98(4), 9(3), 11(3), 18(2) and 18(5) 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 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.
Amendment 165 #
2012/0288(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 180 #
2012/0288(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The Commission’s impact assessment has shown that the estimated indirect land- use change emissions should be included in the reporting of gare, despite better understanding and recenhouse gas emissions from biofuels under Directives 98/70/EC and 2009/28/EC. Biofuelst scientific improvements, vulnerable to the deficiencies and limits of the maode from fels useds tocks that do not lead to addit give a specific value of emissionals demand for land, such as those from waste feedstocks, should be assigned a zero emissions factorrived from ILUC to the different types of crops. Therefore, the figures are not certain enough to be introduced in a piece of legislation.
Amendment 198 #
2012/0288(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The Commission should review the methodology for estimating land-use change emission factors included in Annexes VIII and V to Directives 2009/28/EC and 98/70/EC respectively inperiodically review the lighst of adaptation to technical and scientific progress. To this end, and if warrvailable advantced by the latest available scientific evidence, the Commission should consider the possibility of revising the proposed crop group indirect land-use change factors, as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to marketiofuels as laid down in Annex IX in order to take account of technical and scientific progress.
Amendment 208 #
2012/0288(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to permit adaptation to technical and scientific progress of Directive 98/70/EC, 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 the mechanism to monitor and reduce greenhouse gas emissions, the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels, criteria and geographic ranges for determining highly diverse grassland, the methodology for the calculation and reporting of lifecycle greenhouse gas emissions, the methodology for the calculation of indirect land-use change emissions, the permitted level related to the metallic additives content in fuels, the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol.
Amendment 217 #
2012/0288(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which could include the introduction of estimated indirect land-use change emission factors in the sustainability scheme as of 1st January 2021.
Amendment 240 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 98/70/EC
Article 7a – paragraph 6
Article 7a – paragraph 6
Amendment 454 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 9
Article 2 – point 9
Directive 2009/28/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 504 #
2012/0288(COD)
Proposal for a directive
Annex II – point 1
Annex II – point 1
Directive 98/70/EC
Annex V – part C – points 7, 8, 9
Annex V – part C – points 7, 8, 9
Amendment 514 #
2012/0288(COD)
Proposal for a directive
Annex II – point 2
Annex II – point 2
Directive 2009/28/CE
Annex VIII
Annex VIII
Amendment 95 #
2012/0011(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should not apply to processing of personal data by a natural person, which are exclusively personal or domestic, such as correspondence and the holding of addresses, and without any gainful interest and thus without any connection with a professional or commercial activity, and which does not involve making such data accessible to an indefinite number of people. The exemption should also not apply to controllers or processors which provide the means for processing personal data for such personal or domestic activities.
Amendment 119 #
2012/0011(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The legitimate interests of a controllerdata subject may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. This would need careful assessment in particular where the data subject is a child, given that children deserve specific protection. The data subject should have the right to object the processing, on grounds relating to their particular situation and free of charge. To ensure transparency, the controller or the third parties to whom the data are sent should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object, and also be obliged to document these legitimate interests. Given that it is for the legislator to provide by law the legal basis for public authorities to process data, this legal ground should not apply for the processing by public authorities in the performance of their tasks.
Amendment 126 #
2012/0011(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The principles of fair and transparent processing require that the data subject should be informed in particular of the existence of the processing operation and its purposes, the criteria which may be used to determine how long the data will be stored for each purpose, on the existence of the right of access, rectification or erasure and on the right to lodge a complaint. Where the data are collected from the data subject, the data subject should also be informed whether they are obliged to provide the data and of the consequences, in cases they do not provide such data.
Amendment 127 #
2012/0011(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Any person should have the right of access to data which has been collected concerning them, and to exercise this right easily, in order to be aware and verify the lawfulness of the processing. Every data subject should therefore have the right to know and obtain communication in particular for what purposes the data are processed, for what periodthe criteria which may be used to determine for how long the data will be stored for each purpose, which recipients receive the data, what is the logic of the data that are undergoing the processing and what might be, at least when based on profiling, the consequences of such processing. This right should not adversely affect the rights and freedoms of others, including trade secrets or intellectual property and in particular the copyright protecting the software. However, the result of these considerations should not be that all information is refused to the data subject.
Amendment 132 #
2012/0011(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes, conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller. Where joint and several liability applies, a processor which has made amends for damage done to the data subject concerned may bring an action against the controller for reimbursement if it has acted in conformity with the legal act binding it to the controller.
Amendment 134 #
2012/0011(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In order to demonstrate compliance with this Regulation, the controller or processor should keep a document each processing operationary record of all the processing systems and procedures for which they are responsible. Each controller and processor should be obliged to co-operate with the supervisory authority and make this documentation, on request, available to it, so that it might serve for monitoring those processing operations.
Amendment 142 #
2012/0011(COD)
Proposal for a regulation
Recital 118
Recital 118
(118) Any damage which a person may suffer as a result of unlawful processing should be compensated by the controller or processor, who may be exempted from liability if they prove that they are not responsible for the damage, in particular where he establishes fault on the part of the data subject or in case of force majeure. Where joint and several liability applies, a processor which has made amends for damage done to the data subject concerned may bring an action against the controller for reimbursement if it has acted in conformity with the legal act binding it to the controller.
Amendment 143 #
2012/0011(COD)
Proposal for a regulation
Recital 129
Recital 129
(129) In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data and to ensure the free movement of personal data within the Union, 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 particular, delegated acts should be adopted in respect of lawfulness of processing; specifying the criteria and conditions in relation to the consent of a child; processing of special categories of data; specifying the criteria and conditions for manifestly excessive requests and fees for exercising the rights of the data subject; criteria and requirements for the information to the data subject and in relation to the right of access; the right to be forgotten and to erasure; measures based on profiling; criteria and requirements in relation to the responsibility of the controller and to data protection by design and by default; a processor; criteria and requirements for the documentation and the security of processing; criteria and requirements for establishing a personal data breach and for its notification to the supervisory authority, and on the circumstances where a personal data breach is likely to adversely affect the data subject; the criteria and conditions for processing operations requiring a data protection impact assessment; the criteria and requirements for determining a high degree of specific risks which require prior consultation; designation and tasks of the data protection officer; codes of conduct; criteria and requirements for certification mechanisms; criteria and requirements for transfers by way of binding corporate rules; transfer derogations; administrative sanctions; processing for health purposes; processing in the employment context and processing for historical, statistical and scientific research purposes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 144 #
2012/0011(COD)
Proposal for a regulation
Recital 130
Recital 130
(130) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for: specifying standard forms in relation to the processing of personal data of a child; standard procedures and forms for exercising the rights of data subjects; standard forms for the information to the data subject; standard forms and procedures in relation to the right of access; the right to data portability; standard forms in relation to the responsibility of the controller to data protection by design and by default and toin respect of the documentation; specific requirements for the security of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation; disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism. Those powers should be exercised in accordance with 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 the Member States of the Commission's exercise of implementing powers46. In this context, the Commission should consider specific measures for micro, small and medium-sized enterprises.
Amendment 145 #
2012/0011(COD)
Proposal for a regulation
Recital 131
Recital 131
(131) The examination procedure should be used for the adoption of specifying standard forms in relation to the consent of a child; standard procedures and forms for exercising the rights of data subjects; standard forms for the information to the data subject; standard forms and procedures in relation to the right of access; the right to data portability; standard forms in relation to the responsibility of the controller to data protection by design and by default and toin respect of the documentation; specific requirements for the security of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation; disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism, given that those acts are of general scope.
Amendment 146 #
2012/0011(COD)
Proposal for a regulation
Recital 139
Recital 139
(139) In view of the fact that, as underlined by the Court of Justice of the European Union, the right to the protection of personal data is not an absolute right, but must be considered in relation to its function in society and be balanced with other frights enshrined in the Charter of Fundamental rRights of the European Union, in accordance with the principle of proportionality, this Regulation respects all fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union as enshrined in the Treaties, notably the right to respect for private and family life, home and communications, the right to the protection of personal data, the freedom of thought, conscience and religion, the freedom of expression and information, the freedom to conduct a business, the right to an effective remedy and to a fair trial as well as cultural, religious and linguistic diversity.
Amendment 148 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
d) by a natural person without any gainful interest in the course of its own exclusively personal or household activity and on condition that no personal data are made accessible to an indefinite number of people;
Amendment 166 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
(2 a) 'Anonymous data' means any data that has been collected, altered or otherwise processed in such a way that it can no longer be attributed to a data subject or that such attribution would require a disproportionate amount of time, cost and effort; anonymous data shall not be considered personal data.
Amendment 193 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
f) processing is necessary for the purposes of the legitimate interests pursued by a controller or by a third party or third parties to whom the data are communicated, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 219 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information societygoods or services directly to a child, the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child'’s parent or custodianlegal representative. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology.
Amendment 249 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
c) the criteria for determining the period for which the personal data will be stored for each purpose;
Amendment 250 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point g
Article 14 – paragraph 1 – point g
g) where applicable, that the controller intends to transfer to a third country or international organisation and on the level of protection afforded by that third country or international organisation by referexistence or absence tof an adequacy decision by the Commission;
Amendment 261 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject. The controller shall use all reasonable measures to verify the identity of a data subject requesting access to data.
Amendment 320 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least as to the aim of the processing, the objectives to be pursued by the processing and the determination of the controller.
Amendment 321 #
2012/0011(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
Amendment 456 #
2012/0011(COD)
Proposal for a regulation
Article 86 – paragraph 5 a (new)
Article 86 – paragraph 5 a (new)
5a. When adopting the acts referred to in this article, the Commission shall promote technological neutrality.
Amendment 72 #
2011/2149(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that although increasing the percentage of European consumers who buy cross borders, in order to further develop cross border markets and further strengthen consumer confidence in the digital environment, underlines the need to promote a pan-European Trustmark and the existence of specific information on the provider's identity such as: business name, geographic address, contact details, tax number, which will help the consumers to identify reliable e- commerce stores·
Amendment 126 #
2011/2084(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Rejects, accordingly, any European legislative act uniformly regulating the entire gambling market, but nonethelessAccordingly takes the view that, in some sectors, a uniform European approach would be appropriate in order to protect consumers more comprehensively;
Amendment 32 #
2011/2082(INI)
Draft opinion
Paragraph 3 – subparagraph 1 (new)
Paragraph 3 – subparagraph 1 (new)
Calls for studies and analyses into the possibilities that exist for aligning VAT in cross-border e-commerce transactions within the EU, and for reductions and exemptions regarding payment of this tax, so that European businesses can benefit from the full potential offered by e- commerce.
Amendment 9 #
2011/2024(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas one of the main reasons for the difficulties to recognize academic titles or professional qualifications is the lack of confidence in the criteria for the accreditation and the academic certificates of the country of origin , therefore it is urgent to establish measures for the automatic recognition by removing formal national obstacles for the recognition and prejudices.
Amendment 11 #
2011/2024(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas the free movement of persons within the EU and the right to the recognition of merit and professional skills, could only exist when the existing invisible barriers are limited and some national rules that nowadays disproportionately hinder the use of the right to qualified jobs will disappear
Amendment 29 #
2011/2024(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States, the competent authorities and the Commission to ensure greater transparency so that applicants or persons affected can be given a full explanation as to the reasons for the non-recognition of their diploma or professional qualification;
Amendment 35 #
2011/2024(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for further clarification of the concept of temporary and occasional provision of services; urges the Commission to require that the declaration referred to in Article 7 contains a reference to compliance with mechanisms for the monitoring of activities involving a major risk to the public, users and the environment and placing a heavy responsibility on both designers and promoters; argues that competent authorities face difficulties applying the regime and, therefore, calls on the Commission to evaluate the current provisions set out in Article 7 of the directive, specifically those concerning public health and safety, and to present its conclusions to Parliament;
Amendment 61 #
2011/2024(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that the assessment of the implementation of the Directive 2005/36/EC. requires the setting up of a list of certificates or any other evidence of formal qualification recognized in one or more Member States and at the same time are not recognized in other Member States. The list should also contain the cases in which citizens of a Member State who studies in a university of another Member State, by the time the come back to their state of origin their degrees are not recognized
Amendment 62 #
2011/2024(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Member States, the competent authorities and the Commission to ensure that recognition of diplomas and certificates is on a par with recognition of professional qualifications, so as to create a genuine single market at European and international level and thereby avoid regulating what has already been regulated.
Amendment 78 #
2011/2024(INI)
Motion for a resolution
Paragraph 9 – subparagraph 1 (new)
Paragraph 9 – subparagraph 1 (new)
Urges the Commission to establish minimum levels of continuous professional development as a mandatory moral and ethical requirement to be met by those seeking to engage in a profession in the European Union, notwithstanding the country of origin of the individuals concerned or the organisation, association or body to which they belong;
Amendment 79 #
2011/2024(INI)
Motion for a resolution
Paragraph 9 – subparagraph 2 (new)
Paragraph 9 – subparagraph 2 (new)
Urges the Commission to standardise the necessary or requisite level of professional skills or qualifications of those seeking to engage in a profession in Europe now or in the future, notwithstanding the country of origin of the individuals concerned or the organisation, association or body to which they belong;
Amendment 80 #
2011/2024(INI)
Motion for a resolution
Paragraph 9 – subparagraph 3 (new)
Paragraph 9 – subparagraph 3 (new)
Urges the Commission to open the debate regarding the creation of one-stop shops or National Contact Points providing information on the range of ongoing training in Europe by country, profession, establishment, cost, faculty, etc;
Amendment 81 #
2011/2024(INI)
Motion for a resolution
Paragraph 9 – subparagraph 4 (new)
Paragraph 9 – subparagraph 4 (new)
Stresses the importance of ongoing training being specifically tailored to the needs of the employment market in each of the Member States so as to ensure better use of training resources for those in employment;
Amendment 85 #
2011/2024(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that the EU and Member States should facilitate lifelong learning for professionals and officials working in the eco-industry or environmental sectors, as this will strengthen the takeover capacity and implementation of scientific or technical developments.
Amendment 87 #
2011/2024(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Points out that the rapid evolution of industrial production, and the knowledge needs raised by science, has led to the emergence of new academic titles or qualifications that did not exist before in many European countries. Therefore, urges the competent authorities of the Member States to recognize academic tittles even though a similar title does not exist in their own country. As a result, professionals who bring new knowledge and experience can act as drivers of change and renewal in the industry
Amendment 95 #
2011/2024(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Points out that the development of the e-health and the development of a remote healthcare system, requires that after their training, nurses and doctors will be able to take care of patients from different nationalities. Therefore, It would be necessary to promote collaboration between training centres, hospitals and universities in different countries for the professionals and graduates who have to take care of the patients through these instruments;
Amendment 99 #
2011/2024(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that the principle of partial access is seen as undesirable by a vast majority of stakeholders and is difficult to monitor in practicemust be clarified; calls for a thorough evaluation of the principle and for it not to apply to those regulated professions with health and safety implications;
Amendment 101 #
2011/2024(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points that although the Single Market Act calls for a review of the scope of regulated professions, in the healthcare sector it is necessary to ensure patient safety through clear regulation of the skills, training needs and responsibilities. In this regard, it should be possible that professions that are recognised in other countries, such as chiropractic or acupuncture will be included in the list of tittles and professional qualifications of the Directive, in order to enrich the services offered to patients and to ensure public control in the exercise of these professions.
Amendment 116 #
2011/2024(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission and the Member States that in order to create a real internal market for professionals, the recognition of certificates and any other evidence of formal qualification, in the same way than the recognition of professional qualifications, is necessary. Since in order to be able to work in positions which have civil responsibility or in public services, the evidence of formal qualification needs first to be approved by the competent authority.
Amendment 126 #
2011/2024(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Points out that the Bologna process should be speeded up leaving the small barriers behind and overcoming irrelevant obstacles for the good functioning of the process.
Amendment 144 #
2011/2024(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Recognises the possible benefits of the introduction of the European Professional Card in terms of acceleration and simplification of the recognition procedure (as foreseen in recital 32 of Directive 2005/36/EC); in this regard, the Internal Market Information system (IMI) could facilitate much faster cooperation between the issuing Member State (the professional’s of departure) and the receiving Member State (the country where the professional seeks establishment);
Amendment 269 #
2011/0439(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. If one of the activities for which the contract is intended is subject to this Directive and the other to the abovementioned [2004/18] and if it is objectively impossible to determine for which activity the contract is principally intended, the contract shall be awarded in accordance with the abovementioned Directive [2004/18]applicability of this Directive shall be determined on the basis of the main subject-matter of the contract.
Amendment 271 #
2011/0439(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – point a
Article 4 – paragraph 2 – subparagraph 2 – point a
(a) procurement procedures with a prior call for competition in conformity with Directive [2004/18/EC], [Directive … (concessions)], this Directive or othis Directiveer procurement procedures of Member States that have adopted the abovementioned directives, including for the awarding of concessions;
Amendment 345 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point c a (new)
Article 21 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it;
Amendment 346 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point c b (new)
Article 21 – paragraph 1 – subparagraph 1 – point c b (new)
Amendment 410 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, except for cases where private participation in the legal person which results in it becoming an affiliated undertaking takes place through any of the procedures provided for in this Directive or in Directives (replacing 2004/17/EC and 2004/18/EC).
Amendment 446 #
2011/0439(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
The design of the procurement shall not be made with the objective of excluding it from the scope of this Directive or of artificially narrowing competition. Procedures shall always be accompanied by suitable safeguards that ensure compliance with the principles of equal treatment and transparency, free competition, advertising and efficient management of public resources.
Amendment 452 #
2011/0439(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
However, in the case of service and works contracts as well as supply contracts covering in addition services or siting and installation operations, legal persons may be required to indicate, in the tender or the request to participate, the names and relevant professional qualifications of the staff responsible for the performance of the contract in question.
Amendment 543 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 4
Article 45 – paragraph 2 – subparagraph 4
Contracting entities shall not use framework agreements improperly or in such a way as to prevent, restrict or distort competition, and must provide a justification for the introduction into the specifications of relevant clauses to ensure that there is clarity regarding their interpretation.
Amendment 553 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 5 – point b
Article 45 – paragraph 5 – point b
(b) contracting entities shall fix a time limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject-matter of the contract and the time needed to send in tenders;. If tenderers are required to attend site visits before being able to submit a tender, the time limit shall be greater than 15 working days.
Amendment 675 #
2011/0439(COD)
Proposal for a directive
Article 69 – paragraph 2 – introductory part
Article 69 – paragraph 2 – introductory part
2. On request from the party concerned, cContracting entities shall, as soon as possible, following the date of the award of the concession, the rejection of the request to participate, the rejection of the tender and in any case within 15 days from receipt of a written request, inform:
Amendment 754 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle, including taxes, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 793 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 2 a (new)
Article 79 – paragraph 2 a (new)
2a. Contracting authorities shall take into account compliance with labour law in procurement procedures for services which involve the substitution of staff and which are in economic sectors deemed labour intensive and to offer low added value; tenders for a price which involves labour costs which are lower than wages set out in collective bargaining agreements or the applicable legal minimum wage shall be considered abnormal and disproportionate.
Amendment 849 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 2 – introductory part
Article 82 – paragraph 2 – introductory part
2. A modification of a contract during its term shall be considered substantial within the meaning of paragraph 1, where it renders the contract substantially different from the one initially concluded. In any case, wWithout prejudice to paragraph 3 and 4, a modification shall be considered substantial where one of the following conditions is met:
Amendment 854 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 2 – point b
Article 82 – paragraph 2 – point b
(b) the modification changes the economic balance of the contract in favour of the contractor, as defined when the contract is awarded;
Amendment 856 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 2 – point c
Article 82 – paragraph 2 – point c
(c) the modification extends the scope of the contract considerably to encompass supplies, services or works not initially covered. However, the contract may also be extended, if an appropriate technical justification is provided beforehand, to cover supplies, services or works intimately linked to its original object.
Amendment 861 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 3 – subparagraph 2
Article 82 – paragraph 3 – subparagraph 2
However, the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor, following corporate restructuring operations, as a result of a contract clause, or insolvency, of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this Directive.
Amendment 867 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 4
Article 82 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and where it is below 510% of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 875 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 5
Article 82 – paragraph 5
5. Contract modifications shall not be considered substantial within the meaning of paragraph 1 where they have been provided for in the procurement documents in clear, precise and unequivocal review clauses or options, or where they are a result of errors or omissions in the procurement documents provided by the contracting authorities or entities. Such clauses shall state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They shall not provide for modifications or options that would alter the overall nature of the contract.
Amendment 883 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 7 – point b
Article 82 – paragraph 7 – point b
(b) where the modification would aim at compensating risks of price increases that have been hedged by the contractor without prejudice to cases where, irrespective of the provisions of this Article, it restores the economic balance of the contract.
Amendment 886 #
2011/0439(COD)
Proposal for a directive
Article 83 – paragraph 1 – point b
Article 83 – paragraph 1 – point b
Amendment 888 #
2011/0439(COD)
Proposal for a directive
Article 83 – paragraph 1 – point c
Article 83 – paragraph 1 – point c
Amendment 170 #
2011/0438(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The award of public contracts by or on behalf of Member States authorities has to comply with the principles of the Treaty on the Functioning of the European Union, and in particular the free movement of goods, freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non-discrimination, mutual recognition, advertising, proportionality and, transparency and efficient management of public funds. However, for public contracts above a certain value, provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition.
Amendment 221 #
2011/0438(COD)
Proposal for a directive
Recital 15
Recital 15
(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and, transparency, free competition, advertising and efficient management of public funds. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.
Amendment 378 #
2011/0438(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
In the case of contracts which have as their object procurement covered by this Directive as well as procurement or other elements not covered by it or by Directives [replacing 2004/17/EC] or 2009/81/EC26, the part of the contract which constitutes procurement covered by this Directive shall be awarded in accordance with the provisions of this Directivemanner in which this Directive shall be applied shall be determined on the basis of the main subject of the contract.
Amendment 380 #
2011/0438(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
In the case of mixed contracts containing elements of public contracts and of concessions, the part of the contract which constitutes a public contract covered by this Directive shall be awarded in accordance with the provisions of this Directivemanner in which this Directive shall be applied shall be determined on the basis of the main subject of the contract.
Amendment 481 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c – point i (new)
Article 11 – paragraph 1 – subparagraph 1 – point c – point i (new)
(i) the controlled legal person does not pursue any interests which are distinct from those of the public authorities affiliated to it;
Amendment 482 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c – point ii (new)
Article 11 – paragraph 1 – subparagraph 1 – point c – point ii (new)
(ii) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.
Amendment 579 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, unless the private participation in the legal person that converts it into an associated undertaking is acquired through any of the procedures laid down in this Directive or in the Directives (replacing Directive 2004/17/EC).
Amendment 591 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
The design of the procurement shall not be made with the objective of excluding it from the scope of this Directive or of artificially narrowing competition. The procedures should always be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency, free competition, advertising and efficient management of public resources.
Amendment 601 #
2011/0438(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
However, in the case of public service and public works contracts as well as public supply contracts covering in addition services or siting and installation operations, legal persons may be required to indicate, in the tender or the request to participate, the names and relevant professional qualifications of the staff to be responsible for the performance of the contract in question.
Amendment 831 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 2 – subparagraph 4
Article 31 – paragraph 2 – subparagraph 4
Contracting authorities shall not use framework agreements improperly or in such a way as to prevent, restrict or distort competition, and must provide a justification for the introduction into the specifications of relevant clauses to ensure that there is clarity regarding their interpretation.
Amendment 837 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 5 – point b
Article 31 – paragraph 5 – point b
(b) contracting authorities shall fix a time limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject-matter of the contract and the time needed to send in tenders. If tenderers are required to attend site visits before being able to submit a tender, the time limit shall be greater than 15 working days;
Amendment 1025 #
2011/0438(COD)
Proposal for a directive
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
2a. This additional information shall be provided to all tenderers taking part in the procurement procedure.
Amendment 1028 #
2011/0438(COD)
Proposal for a directive
Article 53 – paragraph 2 – introductory part
Article 53 – paragraph 2 – introductory part
2. On request from the party concerned, tThe contracting authority shall as quickly as possible after the date on which the concession is awarded, or on which the request to participate or the tender is rejected, and in any case within 15 days from receipt of a written request, inform:
Amendment 1094 #
2011/0438(COD)
Proposal for a directive
Article 57 – paragraph 2 – subparagraph 1
Article 57 – paragraph 2 – subparagraph 1
1. A contracting authority may askshall require a candidate or tenderer at any moment during the procedure to submit all or parts of the required documentation where this appears necessary to ensure the proper conduct of the procedure.
Amendment 1219 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 1 – point b
Article 67 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle, including taxes, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 1276 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 2 a (new)
Article 69 – paragraph 2 a (new)
Amendment 1351 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 2 – introductory part
Article 72 – paragraph 2 – introductory part
2. A modification of a contract during its term shall be considered substantial within the meaning of paragraph 1, where it renders the contract substantially different from the one initially concluded. In any case, wWithout prejudice to paragraph 3 and 4, a modification shall be considered substantial where one of the following conditions is met:
Amendment 1353 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 2 – point b
Article 72 – paragraph 2 – point b
(b) the modification changes the economic balance of the contract in favour of the contractor, as defined when the contract is awarded;
Amendment 1358 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 3 – subparagraph 2
Article 72 – paragraph 3 – subparagraph 2
However, the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor, following corporate restructuring operations, as a result of a contract clause, or insolvency, of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this Directive.
Amendment 1366 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 510 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 1372 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 5
Article 72 – paragraph 5
5. Contract modifications shall not be considered substantial within the meaning of paragraph 1 where they have been provided for in the procurement documents in clear, precise and unequivocal review clauses or options, or where they are a result of errors or omissions in the procurement documents provided by the contracting authorities or entities. Such clauses shall state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They shall not provide for modifications or options that would alter the overall nature of the contract.
Amendment 1380 #
2011/0438(COD)
Proposal for a directive
Article 73 – paragraph 1 – point b
Article 73 – paragraph 1 – point b
Amendment 1382 #
2011/0438(COD)
Proposal for a directive
Article 73 – paragraph 1 – point c
Article 73 – paragraph 1 – point c
Amendment 1470 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 1 – subparagraph 1
Article 84 – paragraph 1 – subparagraph 1
1. Member States shall appoint a single independent body responsible for the ensure that mechanisms are in place to oversightee and coordination ofe implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation. The governmental structure of Member States with a compound or decentralised administrative structure will, in all cases, be respected. Member States shall appoint the bodies that best suit their governmental structure.
Amendment 1475 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – introductory part
Article 84 – paragraph 3 – subparagraph 1 – introductory part
3. The oversight body shall be responsible formechanisms must ensure that the following tasks are carried out:
Amendment 1489 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 3
Article 84 – paragraph 3 – subparagraph 3
Member States shall empower the oversight bodyies to seize the jurisdiction competent according to national law for the review of contracting authorities' decisions where it has detected a violation in the course of its monitoring and legal advising activity.
Amendment 351 #
2011/0437(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure transparency and equal treatment, criteria for the award of concessions should always comply with some general standards. These should be disclosed in advance to all potential tenderers, be directly related to the subject matter of the contract and should not offer to the contracting authority or contracting entity an unrestricted freedom of choice. They should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. In order to comply with these standards while improving legal certainty, Member States may provide for the use of the criterion of the most economically advantageous tender.
Amendment 585 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point c a (new)
Article 15 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it.
Amendment 679 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
The exceptions provided for in this Article shall cease to apply from the moment any private participation takes place, with the effect that ongoing concessions need to be opened to competition through regular concession award procedures, except for cases where private participation in the legal person which results in it becoming an affiliated undertaking has taken place through any of the procedures provided for in this Directive or in Directives (replacing 2004/17/EC and 2004/18/EC).
Amendment 695 #
2011/0437(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Where contracts have as their object concessions covered by this Directive as well as procurement or other elements not covered by it nor by Directives [replacing 2004/17/EC and Directive 2004/18] or 2009/81/EC, the part of the contract which constitutes a concession covered by this Directive shall be awarded in accordance with this Directive. However, when the different parts of the contract are objectively not separable, the application of this Directive shall be determined on the basis of the main subject of that contract.
Amendment 697 #
2011/0437(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
In the case of concessions subject to this Directive and contracts subject to [Directive 2004/18/EC or 2004/17/EC] or 2009/81/EC, the part of the contract which constitutes a concession covered by this Directive shall be awarded in accordance with the provisions thereof. Where the different parts of such contracts are not objectively separable, the application of this Directive shall be determined on the basis of the main subject of that contract.
Amendment 849 #
2011/0437(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. When fixing the time limits for the submission of applications for the concession and submission of tenders, contracting authorities or contracting entities shall take account in particular of the complexity of the concession and the time required for drawing up tenders, without prejudice to the minimum time limits set out in Article 378.
Amendment 870 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 4 – point b
Article 39 – paragraph 4 – point b
b) for service concessions and concessions involving the design of works, the organisation, qualification and experience of the staff assigned to performing the concession in question may be taken into consideration, with the consequence that, following the award of the concession, such staff may only be replaced with thethe concessionaire may not replace such staff with other staff having fewer qualifications or skills than those required and, where replacement takes place, the subsequent consent of the contracting authority or the contracting entity shall be required, which must verify that replacements ensure equivalent organisation and quality;
Amendment 149 #
2011/0435(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Graduates wishing to pursue a remunerated traineeship in another Member State where such traineeship is possible should be covered by Directive 2005/36/EC in order to foster their mobility. It is also necessary to provide for the recognition of their traineeship by the home Member State.
Amendment 185 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/36/EC
Paragraph 1– point 2
Paragraph 1– point 2
This Directive also establishes rules concerning partial access to a regulated profession and access to and recognition of remunerated traineeships pursued in another Member State.
Amendment 193 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2– paragraph 1
Article 2– paragraph 1
1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession or a remunerated traineeship in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self-employed or employed basis.
Amendment 198 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Amendment 230 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – point 5
Article 4 a – point 5
5. Member States shall designate competent authorities for issuing European Professional Cards. Those authorities shall ensure an impartial, objective and timely processing of applications for European Professional Cards. The Assistance Centers referred to in Article 57b may also act in the capacity of a competent authority to issue a European Professional Card. Member States may decide that the assistance centres shall support the competent authorities during the preliminary stage of preparing the documentation required in order to obtain the Professional Card in accordance with Article 4. Member States shall ensure that competent authorities inform citizens, including prospective applicants, on the advantages of a European Professional Card where it is available.
Amendment 253 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4 b – paragraph 2
Article 4 b – paragraph 2
2. Where the Member States consider it appropriate, the assistance centres may support the competent authorities in the preliminary processing of the documentation required for the recognition of professional qualifications.
Amendment 363 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36
Paragraph 4 f – paragraph 2
Paragraph 4 f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary. Rejection shall be duly motivated by the competent authority, after consulting the State of origin of the applicant for partial recognition of a professional qualification.
Amendment 543 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point a)
Article 46 – paragraph 1 – point a)
(a) at least four years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least two years of remunerated traineeship;
Amendment 550 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point (b)
Article 46 – paragraph 1 – point (b)
(b) at least five years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least one year of remunerated traineeship.
Amendment 552 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Amendment 616 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Any language controltest shall be limited to the knowledge of one of the official languages of the Member State according to the choice of the person concerned, it shall be proportionate to the activity to be pursued and free ofshall not involve any disproportionate charge for the professional. The person concerned shall be allowed to appeal such controls before national courts.
Amendment 623 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Paragraph 55 a
Paragraph 55 a
Amendment 624 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Paragraph 55 a
Paragraph 55 a
Amendment 633 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Paragraph 55 a
Paragraph 55 a
Amendment 693 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Directive 2005/36/EC
Article 57 b– paragraph 1
Article 57 b– paragraph 1
1. Each Member State shall designate, no later than [insert date – transposition deadline] an assistance centre whose remit shall be to provide citizens and centres of the other Member States with assistance concerning the recognition of professional qualifications provided for in this Directive, including information on the national legislation governing the professions and the pursuit of those professions, social legislation, and, where appropriate, the rules of ethics. In addition, where the Member States consider it appropriate, the assistance centres may provide support services for the competent authority in processing the recognition files for professional qualifications.
Amendment 93 #
2011/0374(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Internal Market is a reality for consumers in their daily lives, when they travel, buy and make payments. Consumers are key players in the Internal Market and should therefore be at its heart. The digital dimension of the Internal Market is becoming vital for both consumers and traders. Consumers increasingly make purchases over the internet and an increasing number of traders sell online. Consumers and traders should feel confident in carrying out transactions in a digital environment. In the current crisis, measures to boost economic growth, job creation and consumer recovery are essential. While the digital market provides a valuable opportunity to achieve these objectives, the European Union must, in order to take advantage of it, be capable of establishing a full digital internal market. It is essential to dismantle existing barriers on the one hand and boost consumer confidence on the other. The existence of a reliable and efficient online dispute settlement system could also greatly help achieve this increase in consumer confidence in the Union.
Amendment 879 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
add the following rail freight transport sections to the core network: – Almería – Málaga – Algeciras (along the coast) – Granada – Motril – Castejón – Logroño – Miranda – León – Gijón / Avilés – Palencia – Santander – Madrid – Cáceres – Mérida – Mérida – Badajoz – Portuguese border – Mora – Ciudad Real – Mérida
Amendment 881 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
Amendment 891 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 17/33
Annex I – Volume 17/33
add the following rail passenger transport sections to the core network: – Madrid – Toledo – Madrid – Alcázar – Albacete – Murcia – Almería – Málaga – Algeciras (along the coast) – Avilés – Oviedo – Bilbao – Santander – Oviedo – El Ferrol – A Coruña – Castejón – Logroño – Miranda – Mora – Alcázar – Linares – Moreda/Jaén/Córdoba – Ourense – Vigo (via Cercedo) – Ourense – Monforte – Lugo – A Coruña – Palencia – Santander – Segovia – Ávila – Sevilla – Cádiz – Sevilla – Huelva – Portuguese border – Valencia – Alicante (along the coast) – Motilla – Albacete – La Encina – Santiago – Vigo – Portuguese border – Granada – Motril – Antequera – Málaga – Madrid – Ávila – Salamanca – León – Monforte – Torralba – Soria – Castejón – Plasencia – León – Gijón
Amendment 892 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 17/33
Annex I – Volume 17/33
add the following rail passenger transport sections to the comprehensive network: – Almendricos – Águilas – Barcelona – Massanet – Barcelona – Puigcerdá – Játiva – Alcoy – Lleida – Manresa – Barcelona – Los Rosales – Zafra – Madrid – Burgos – Villalba – Segovia
Amendment 87 #
2010/2278(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists on the need to iensert a ‘horizontal social clause’ in all Single Market legislation so that policy is developed cure that, in accordance with Article 9 of the Treaty on the Functioning of the European Union, when defining and implementring on citizens’ basic social rights: (a) the right to take collective action, (b) workers’ rits policies and actions the EU takes into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fights and labour law, and (c) employment protection, anticipating the planning of industrial restructuring in accordance with Article 9 of the Treatgainst social exclusion and a high level of education, training and protection of human health; considers therefore that industrial restructuring must be planned sufficiently oin the Functioning of the European Union and the Charter of Fundamental Rightsadvance, not just in order to preserve jobs, but also to create them;
Amendment 97 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.1
Paragraph 7 – point 7.1
Amendment 102 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.3
Paragraph 7 – point 7.3
7.3. a framework directive onbetter quality services of general economic interest;
Amendment 187 #
2010/2278(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the lack of concrete proposalsan urgent call for the establishment onf the collective redress mechanism, except for continuing the consultationnditions needed to create growth and employment, as a fundamental basis for social welfare systems to be viable;
Amendment 44 #
2010/2277(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls the cost of fragmentation and the benefits of harmonisation for the well- functioning of the Single Market; calls for more transparency and a reduction of administrative burdens, especially for SMEs, by ensuring that the Small Business Act is fully and correctly implemented in all Member States;
Amendment 55 #
2010/2277(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly supports the creation of an EU patent on a balanced and non- discriminatory basis 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 in the Single Market; stresses that a unified EU patent system of this nature must in no case constitute an obstacle or form of discrimination as regards exchanges between Member States;
Amendment 93 #
2010/2277(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the need to go beyond the existing barriers to cross-border e-commerce in the EU; emphasises the need for an active policy enabling the public and companies to benefit fully from this tool available to them which can offer them quality products and services at competitive prices; believes that this is essential in the present climate of economic crisis, and that it would aid enormously in the completion of the single market, as a means of fighting rising inequality and protecting consumers who are vulnerable, live in remote locations or suffer from reduced mobility, as well as low-income groups and SMEs, to whom integration into the world of e-commerce is particularly important;
Amendment 100 #
2010/2277(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and Member States to take the appropriate measures to enhance the confidence of businesses in e- commerce, namely by harmonizing contract law where possible and byin particular by simplifying registration of domains across borders for online businesses, by improving online payment systems and facilitating cross- border debt recovery;
Amendment 106 #
2010/2277(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that consumer confidence can be reinforced via trusted EU authorities or trusted marks which can ensure reliability and quality for products on the cross-border electronic market; considers that the Commission should establish a European quality seal for e-commerce, as proposed in the Digital Agenda for Europe, on a basis of clear and transparent rules that are subject to monitoring; believes that any such European system of trusted marks should be backed up by a mechanism for control or application of the rules; considers that the European quality system would help consumers identify reliable on-line vendors, provide compensation for best practice and stimulate innovation, thus aiding EU firms in their efforts to transcend their national markets;
Amendment 112 #
2010/2277(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the need to improve and simplify postal services at European level, in order to boost consumer confidence as regards cross-border purchases made in other Member States;
Amendment 148 #
2010/2277(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Urges all Member States to fully implement the Goods Package;
Amendment 151 #
2010/2277(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recognizes the important contribution to growth and job generation of the retail sector; calls on the European Commission to include within the Single Market Act a proposal for a European retail Action Plan that identifies and addresses the numerous challenges faced by retailers and suppliers within the Single Market; the Action Plan should be based on the conclusions of the work underway in the European Parliament on "a more efficient and fairer retail market";
Amendment 155 #
2010/2277(INI)
Motion for a resolution
Paragraph 14
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 limit adaptation costs and enhance the competitiveness of EU firms; stresses that the current uneven state of implementation is creating a major barrier for firms wishing to trade across borders by means of e-commerce;
Amendment 203 #
2010/2277(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission, in consultation with the stakeholders, to define "manifestly unfair commercial practices" in the retail sector; asks the Commission, on that basis, to collect evidence-based cases of unfair commercial practices; calls on the Commission to make a thorough assessment of existing national measures to prevent unfair commercial practices in the retail sector and, on that basis, to propose further action in respect of competition and freedom of contract;
Amendment 204 #
2010/2277(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Stresses that a fragmented payment system is an obstacle to cross-border trade; calls on the Commission to continue to improve the SEPA system in order to define a basic payment services available for all cards increasing transparency in transactions costs and reducing interchange fees within the EU;
Amendment 71 #
2010/2274(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends the exchange of best practices particularly on using a single operator to handle a call and the use of interpretation services that could help people who do not speak the language of the country in which they are usingwith a view to improving the efficiency of the service in all the Member States, and the setting up of a system coordinating the emergency services of all the Member States, so that members of the public making an emergency call in a Member State other than their own can contact the emergency services in the Member State of which they are a national so that the latter can help the caller the whole time and coordinate the response with the emergency services in the country where the emergency serviceshas occurred;
Amendment 93 #
2010/2109(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Takes note, however, of a widespread concern about market dominance by bigger actors, who are perceived to impose unfair terms on small suppliers and tradretailers, for instance through mechanisms of selective distribution, territorial supply constraints and other restrictive practices, price control and delisting without notice, thereby distorting competition; underlines that the entire retail supply chain is affected by such practices;
Amendment 106 #
2010/2109(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that the development of private labels should not affect consumerenhance consumers’ freedom of choice or the possibility for SMEs to expand;
Amendment 99 #
2010/2052(INI)
Motion for a resolution
Paragraph 16 – indent 8
Paragraph 16 – indent 8
– restrict online alcohol advertising to the websites of industry professionals, local authorities and tourist offices, while prohibiting intrusive advertising practicessupervise and monitor application of and compliance with existing law on advertising, particularly as regards content that may be harmful to minors using the internet, including pornography, the purchase of tobacco or alcohol, online betting etc.; regulate effective mechanisms at European level to guarantee the safety of minors using the internet;
Amendment 1 #
2010/2012(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Commission Communication of 19 May 2010 entitled "a Digital Agenda for Europe" (COM(2010) 245),
Amendment 49 #
2010/2012(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission Communication of 19 May 2010 on a Digital Agenda for Europe setting out the Commission strategy aimed, among others, at making online transactions straightforward and at building digital confidence;
Amendment 78 #
2010/2012(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to explore options on how to promote the accessibility to creative content on the internet such as music and audiovisual works and on how to respond to the citizens' demand for consumer-friendly cross-border services;
Amendment 83 #
2010/2012(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to ensure the effective implementation of Article 20(2) of the Services Directive, and calls on the Commission to propose a provision for access to products delivered cross-border, in line with that article of the directives well as the proper enforcement by national authorities and courts of the national provisions implementing this non-discrimination rule in the legal systems of Member States;
Amendment 85 #
2010/2012(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for an integrated policy approach regarding the completion of the Single Market of transport for all modes (i.e. road cabotage, rail freight, etc.) and environmental legislation in order to avoid inefficiencies of the supply chain and unnecessary cost increases for distance sellers and e-commerce customers.
Amendment 96 #
2010/2012(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to begin formulating European standards to facilitate cross-border e-commerce, to bridge variations between the laws in force within the various Member States and to remove the obligation of having an off-line shop prior to selling on-–line, when it is demonstrated that such an obligation is in contradiction with competition law; as both prevent consumers and small and medium- sized enterprises from fully exploiting the internal market'’s potential in the electronic environment;
Amendment 108 #
2010/2012(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need to review rules on exclusive and selective distributionmonitor the application of the recently adopted rules on exclusive and selective distribution based on market information from stakeholders and national competition authorities and to revise such rules if required in order to reduce barriers to online sales;
Amendment 148 #
2010/2012(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recognizes that citizens will refrain from interacting, expressing their opinions freely and entering into transactions if they do not have sufficient confidence in the legal framework of the new digital space; whereas the guarantee and enforcement of fundamental rights in this context is an essential condition for confidence on the part of citizens; whereas the guarantee of protection of intellectual property rights (IPR) and other rights is an essential condition for confidence on the part of business,
Amendment 149 #
2010/2012(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Believes that consumer confidence can be built up through European trusted authorities or trust marks that guarantee the reliability and quality of goods placed on the cross-border electronic market; considers that a sustainable European trust mark needs to be established; whereby such a European trust mark scheme needs to be backed with a standards- control or enforcement mechanism, as is already the case at national level in some Member States. Recognizes that a cross border European trustmark scheme may only function in the context of EU law on which the European trustmark can be based;
Amendment 158 #
2010/2012(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls onWelcomes the Commission to develop an EU charter ofcommitment to issue a Code of EU Online Rights by 2012 summarising existing digital users" rights in the area of online services and e-commerce, in line with the objectives of the EU 2020 strategy; EU in a clear and accessible way, complemented by an annual sweep of breaches of online consumer protection law and appropriate enforcement measures, in coordination with the European Network of Consumer Protection Agencies;
Amendment 69 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 4
Article 2 – point 4
(4) “late payment” means failure to pay within the period of payment specified in the contract or, in the absence of such specification, that specified in Article 3(2)(b) or Article 5(2)(b);
Amendment 108 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that, when interest for late payment becomes payable in commercial transactions in accordance with Articles 3 and 5 and unless otherwise specified in the contract, the creditor is entitled to obtain from the debtor, as a minimum, any of the following amounts:
Amendment 110 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) for a debt of less than EUR 1 000, a fixed sum of EUR 40, plus a maximum of an additional 3% of the total debt to cover any expenditure incurred by the creditor in claiming the debt;
Amendment 111 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) for a debt of EUR 1 000 or more, but less than EUR 10 000, a fixed sum of EUR 70, plus a maximum of an additional 3% of the total debt to cover any expenditure incurred by the creditor in claiming the debt;
Amendment 112 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) for a debt of EUR 10 000 or more, a sum equivalent to 13% of the amount for which interest for late payment becomes payable.
Amendment 124 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure thatUnless the debtor is not responsible for the delay, the creditor shall, in addition to the amounts referred toset out in paragraph 1 shall be payable without the necessity of a reminder and as compensation for the creditor’s own recovery costs, be entitled to obtain reasonable compensation from the debtor for all remaining recovery costs incurred through the latter’s late payment. Member States shall determine a reasonable minimum level of compensation, which shall not be less than 5% of the sum owed. This shall be without prejudice to any claim on the creditor’s part in respect of damage or prejudice suffered by reason of the late payment.
Amendment 129 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Unless the debtor is not responsible for the delay, the creditor shall, in addition toMember States shall ensure that the amounts set outreferred to in paragraphs 1, be entitled to obtain reasonable and 2 shall be payable without the necessity of a reminder and as compensation forom the debtor for all remaining recovery costs incurred through the latter’s late paymentcreditor’s own recovery costs.
Amendment 160 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective needan objective need arises, dictated by force majeure, to schedule payment over a longer period.
Amendment 182 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that when interest for late payment becomes payable, the creditor is entitled to a lump sum compensation equal to 5% of the amount due. This compensation shall be additional to the interest for late payment. public authority is obliged to contract, within five working days, a financial product or service with a view to the immediate 100% payment of the debt. Should the public authority not conclude a contract enabling the debt to be paid to the service provider, it shall be subject to penalties pursuant to the laws in force and the criteria applying in each Member State.
Amendment 198 #
2009/0054(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall provide that a clause in a contract relating towhich is contrary to the provisions of this Directive concerning the date for payment, the rate of interest for late payment or recovery costs shall either be unenforceable or shall give rise to a claim for damages if it is grossly unfair to the creditor. In determining whether a clause is grossly unfair to the creditor, all circumstances of the case shall be considered, including good commercial practice and the nature of the product or the service. Account shall also be taken of whether the debtor has any objective reason to deviate from the statutory rate of interest or from Article 3(2)(b), Article 4(1) or Article 5(2)(b). For the purpose of the first subparagraph, a clause which excludes interest for late payment shall always be considered as grossly unfairbe considered grossly unfair to the creditor and may give rise to a claim for damages. Where a clause is determined to be grossly unfair, it shall be considered invalid in law, and the legal provisions in force shall apply and be considered enforceable except where the national courts determine other conditions to be considered as fair. In determining whether a clause is grossly unfair to the creditor, all circumstances of the case shall be considered, including good commercial practice and the nature of the product or the service. The following types of clause shall in all circumstances be considered to be grossly unfair: (a) those which exclude interest for late payment or set a rate lower than that laid down in Article 2(5); (b) those which establish payment periods exceeding those laid down in Article 3(2)(b) without specifying an objective necessity; (c) those which establish payment periods exceeding those laid down in Article 5(2)(b) without reference to force majeure; (d) those which exclude compensation for recovery costs as specified in Article 4; (e) those which exclude application of Article 5(5); (f) those which exclude the creditor’s right to rescind the contract in case of late payment; (g) those which exclude, for rental agreements, the right of creditors to recover material belonging to them and used for the provision of the service concerned in case of late payment.
Amendment 204 #
2009/0054(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The means referred to in paragraph 2 shall include provisions whereby representative organisationenterprises may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that clauses are grossly unfair, so that they can apply appropriate and effective means to prevent their continued use, without prejudice to the provisions of paragraph 1(2).
Amendment 12 #
2008/0261(COD)
Proposal for a directive – amending act
Recital 3 a (new)
Recital 3 a (new)
(3a) The Commission should, in cooperation with the European Medicines Agency and the authorities of the Member State, launch a campaign informing consumers of the authentication measures already in place, of the overt safety features (such as safety seals) on the packaging of medicinal products, and of the risks involved in purchasing falsified medicinal products. In particular, the campaign should raise consumer awareness of the risks involved in purchasing medicinal products from unauthorised and unlicensed online sources.
Amendment 38 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2001/83(EC)
Article 54a – paragraph 2 - subparagraph 1
Article 54a – paragraph 2 - subparagraph 1
(2) The safety features referred to in point (o) of Article 54 shall not be partly or fully removed or covered- up, unless the following conditions are fulfilled and the unique identification, authenticity and traceability of medicinal products is ascertained:
Amendment 285 #
2008/0196(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The definition of dDurable mediuma should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of theisks of computers on which the electronic mail or a pdf file is storeddata saved in unmodifiable form are stored. Internet websites as such should not be durable media.
Amendment 567 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or service contract, the traderIn good time before the consumer is bound by any distance or off-premises contract or any corresponding offer, the trader or any person acting in his name or on his behalf shall provide the consumer with the following information, if not already apparent from the contextn a clear and intelligible manner:
Amendment 655 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the business is subject, and the methods for having access to it, where applicable.
Amendment 678 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 e (new)
Article 5 – paragraph 3 e (new)
3e. Article 5 is without prejudice to Directive 2000/31/EC of the European Parliament and of the Council.
Amendment 1168 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 4 – point b
Article 24 – paragraph 4 – point b
(b) by the time of conclusion of the contract the statement had been corrected in a manner equivalent to that in which it was made or at least prominently in the contract document;
Amendment 1231 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 e (new)
Article 26 – paragraph 1 e (new)
1e. With regard to digital services, when technical problems may cause the download to be delayed or not delivered within a reasonable period of time, or prevented from downloading, the consumer is entitled to a replacement or a refund of the price paid for the digital content.
Amendment 1267 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. TWithout prejudice to paragraph 5(b), the consumer may insist on a reasort to any remedy available under paragraph 1, where one of the following situations exists:nable reduction in price or rescission of the contract, where one of the following situations exists: (a) the consumer is entitled to neither repair nor replacement; (aa) the trader has refused explicitly or by his conduct to remedy the lack of conformity; (b) the trader has failed to remedy the lack of conformity within a reasonable time; (c) the trader has remedied the lack of conformity, causing significant inconvenience to the consumer; (d) the same defect has reappeared more than once within a short time of the repair.