890 Amendments of Enikő GYŐRI
Amendment 133 #
2024/2829(RSP)
Draft motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that the delivery of a European industrial policy for quality jobs requires the full involvement of social partners and needs to be implemented through social dialogue and collective bargaininga European Competitiveness Agreement ; calls on the Commission to include the overall objective of raising work quality at the EU level;
Amendment 140 #
2024/2829(RSP)
Draft motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the EU to adoptpursue a trade policies thaty that ensures level playing field, access to new markets while protects European jobs while promoting fair and ethical trade; call; emphasizes that dialogue is always fmore effective than countervailing tariffs to be applied to imports fromhat often harm directly or indirectly the European industry, when addressing countries where unfair labour practices, low environmental standards, or heavy state subsidies distort competition; stresses that future trade agreements must include strong labour clauses to ensure that global trade benefits workers, rather than undermining their rights;
Amendment 150 #
2024/2829(RSP)
Draft motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission to revise the European Public Procurement Directive6 in order to establish preferential treatment for companies complying with collective bargaining agreements; calls on the Commission to strengthen the social clause and exclude from tenders companies that have engaged in criminal activities or union busting or that have refused to participate in collective bargaining; highlights the importance of ensuring that public money is used to invest in those engaged in just transitions with the aim of promoting collective agreements and increasing trade union densitieCalls on the Commission to strengthen the social clause and exclude from tenders companies that have engaged in criminal activities; highlights the importance of promoting competitiveness; considers, furthermore, that all EU financial support to undertakings should be made conditional on their compliance with the applicable working and employment conditions and/or employer obligations resulting from the relevant collective agreements; believes that this support should also be conditional on their commitment to investing in European industries and maintaining jobs in the EU;easily accessible - especially for SMEs - in order to support innovation in the EU; __________________ 6 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, OJ L 94, 28.3.2014, p. 65, ELI: http://data.europa.eu/eli/dir/2014/24/oj.
Amendment 246 #
2024/2829(RSP)
Draft motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that in order to prevent the loss of jobs, and in the absence of an industrial plan agreed with the social partners, a moratorium on closures and forced redundancies should be possible; calls on the Commission and the Member States to urgently agree on a moratorium on forced redundancies with a temporary support programmes are necessary to protect employment during transitions, creating space for the clean industrial deal and avoiding the loss of strategic industrial capacity; demands strongerwelcomes the existing legal protections against unfair dismissals and calls for workers affected by restructuring to be guaranteed adequate compensationencourages Member States to provide adequate compensation for workers affected by restructuring, retraining opportunities and support in securing new employment; reaffirms that the dignity of workers must always take precedence overjust as much be guaranteed that corporate profits;
Amendment 29 #
2024/2054(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the value of the euro against the dollar has deteriorated considerably since the end of 2020; whereas energy derivatives are traded in dollars and a fall in the euro's exchange rate against the dollar further contributes to inflation;
Amendment 38 #
2024/2054(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the role of the ECB in safeguarding monetary stability; underlines that the ECB is the institution responsible for maintaining price stability in the euro areaUnderlines that the ECB is the institution responsible for maintaining price stability in the euro area; is furthermore of the opinion that maintaining price stability is a necessary condition for realisation of the EU’s other policy objectives;
Amendment 68 #
2024/2054(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that high levels of inflation have a disproportionate effect on lower-income households, which spend a higher proportion of their budget on necessities;
Amendment 93 #
2024/2054(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the Economic and Monetary Union requires solid fiscal policies in the Member States in order to be able to respond to external shocks, meaning a maximum government deficit of 3% of GDP and government debt of 60% of GDP, plus a credible path to reducing excessive debt and deficits, and building sufficient reserves in times of economic growth, in order to be able to respond to external shocks; stresses therefore the need to factor in all government expenditure in its entirety, including green spending and investment;
Amendment 108 #
2024/2054(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that prudent fiscal policies by the Member States canmust complement the ECB’s efforts to keep inflation low and prices stable; highlights that addressing excessive public deficit and debt levels is crucial to maintaining a stable economy and sustainable growth;
Amendment 113 #
2024/2054(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. EStresses that, in 13 of the 27 Member States, the level of government debt is above the 60% of GDP threshold, as is the euro area average, and that, in 10 Member States, the government deficit is above the 3% threshold, as is the euro area average; expresses concern about the high levels of government debt and deficits within the Member States and the risks of fiscal dominance that this entails;
Amendment 121 #
2024/2054(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Strongly welcomes the fact that headline inflation has come down from its peak of 10.6 % in October 2022 to 1.7 % in September 2024; notes that inflation levels vary widely across the euro area, ranging from 4.3% in Belgium to 0% in Ireland;
Amendment 191 #
2024/2054(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that diverging interest rates in the euro area are generally the result of different risk premia on government bonds; stresses that purchases under the TPI would merely conceal the symptoms of loose fiscal policy; calls on Member States to conduct responsible fiscal policies and ensure sustainable debt levelsand therefore lower levels of government debt;
Amendment 215 #
2024/2054(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. ReiterStresses that physical cash must remain a cornerstone of our payments system and provides the best guarantee of financial inclusion; states that the digital euro shouldcan serve as a complement to physical cash,; emphasises that it should not replace cash entirely and that cash should remain available at all times;
Amendment 276 #
2024/2054(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the ECB to use all its available tools to ensure that banks take climate risk seriously in order to mitigate the financial risks resulting from climate change and from the negative effects of the Green Deal on prices, in particular of commodities, and on employment that may arise if an unpragmatic approach is taken to the digital and green transition;
Amendment 280 #
2024/2054(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the ECB to use all its available tools to ensure that banks take climate risk seriously, in so far as it is properly quantified, in order to mitigate the financial risks resulting from climate change;
Amendment 298 #
2024/2054(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the finalisation of the Basel III framework, as it will strengthen the resilience of the banking sectorCalls on the Commission to further refine the Basel III framework for banks, not only to ensure a level playing field internationally, but also to make it more balanced, more effective and more proportionate, in the spirit of the Draghi report; regrets that European implementation very much departs from the international framework; maintains that banking supervision should be based on real risks and not on secondary considerations;
Amendment 7 #
2024/0028(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Subject to an assessment by the Commission carried out in the context of the regular monitoring of the impact of this Regulation and launched either following a duly substantiated request from a Member State or on the Commission’s own initiative, it is necessary to provide for the possibility to take any necessary measures for imports of any products falling under the scope of this Regulation which are adversely affecting the Union market or the market of one or several Member States for like or directly competing products. There is a particularly precarious situation in the markets for wheat, poultry, eggs, and sugar and honey that may harm Union agricultural producers if imports from Ukraine were to increase. It is appropriate to introduce an automatic safeguard for wheat, eggs, poultry, and sugar and honey products that is activated if quantities imported pursuant to this Regulation exceed the arithmetic mean of quantities in 20221 and 20232.
Amendment 7 #
2024/0028(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Subject to an assessment by the Commission carried out in the context of the regular monitoring of the impact of this Regulation and launched either following a duly substantiated request from a Member State or on the Commission’s own initiative, it is necessary to provide for the possibility to take any necessary measures for imports of any products falling under the scope of this Regulation which are adversely affecting the Union market or the market of one or several Member States for like or directly competing products. There is a particularly precarious situation in the markets for wheat, poultry, eggs, and sugar and honey that may harm Union agricultural producers if imports from Ukraine were to increase. It is appropriate to introduce an automatic safeguard for wheat, eggs, poultry, and sugar and honey products that is activated if quantities imported pursuant to this Regulation exceed the arithmetic mean of quantities in 20221 and 20232.
Amendment 25 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – introductory part
Article 4 – paragraph 7 – subparagraph 1 – introductory part
7. If, during the period 6 June to 31 December 2024, cumulative import volumes of either wheat, eggs, poultry or, sugar or honey since 1 January 2024 reach the respective arithmetic mean of import volumes recorded in 20221 and 20232, the Commission shall, within 21 days and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478:
Amendment 25 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – introductory part
Article 4 – paragraph 7 – subparagraph 1 – introductory part
7. If, during the period 6 June to 31 December 2024, cumulative import volumes of either wheat, eggs, poultry or, sugar or honey since 1 January 2024 reach the respective arithmetic mean of import volumes recorded in 20221 and 20232, the Commission shall, within 21 days and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478:
Amendment 38 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 2
Article 4 – paragraph 7 – subparagraph 2
If, during the period 1 January to 5 June 2025, cumulative import volumes of either wheat, eggs, poultry or, sugar or honey for the period since 1 January 2025 reach five twelfths of the respective arithmetic mean of import volumes recorded 20221 and 2023,2, the Commission shall, within 21 days and after informing the Committee on Safeguards, reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point b.
Amendment 38 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 2
Article 4 – paragraph 7 – subparagraph 2
If, during the period 1 January to 5 June 2025, cumulative import volumes of either wheat, eggs, poultry or, sugar or honey for the period since 1 January 2025 reach five twelfths of the respective arithmetic mean of import volumes recorded 20221 and 2023,2, the Commission shall, within 21 days and after informing the Committee on Safeguards, reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point b.
Amendment 44 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
For the purposes of this paragraph, the terms wheat, eggs, poultry and, sugar or honey for refer to all products covered by the tariff-rate quotas in the Appendix to Annex I-A of the Association Agreement for, respectively, wheat, eggs and albumins, poultry meat and poultry meat preparations, and sugars, and honey and the arithmetic mean shall be calculated by dividing the sum of import volumes in 20221 and 20232 by two.
Amendment 44 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
For the purposes of this paragraph, the terms wheat, eggs, poultry and, sugar or honey for refer to all products covered by the tariff-rate quotas in the Appendix to Annex I-A of the Association Agreement for, respectively, wheat, eggs and albumins, poultry meat and poultry meat preparations, and sugars, and honey and the arithmetic mean shall be calculated by dividing the sum of import volumes in 20221 and 20232 by two.
Amendment 16 #
2023/2107(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls the importance of implementing the EPA fully and effectively, including in the areas of government procurement to ensure transparency, and sanitary and phytosanitary (SPS) commitments to speed up and simplify import procedures, as well as the need for mutual recognition and prompt implementation of rules of regionalisation in the area of SPS commitments;
Amendment 49 #
2023/2107(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 52 #
2023/2107(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Welcomes the joint work of the EU, Japan and other like-minded countries on strengthening and reforming the WTO, including on having a fully functioning dispute settlement system and reinforcing deliberations to respond to global trade policy challenges, including on level-playing field issues affecting global trade.
Amendment 172 #
2023/2077(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that Parliament should play an active role in shaping competition policy and be more involall the EU institutions should act in the remit of their competences, evedn in the activity of working parties and expert groupfield of competition policy, as laid down in the Treaties;
Amendment 35 #
2023/2072(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WelcomesTakes note of the Commission’s proposed European economic security strategy2 , which aims to maximise the benefits of the EU’s economic openness while minimising theeventual risks resulting from economic interdependencies; approves of the factstates that the strategy explicitly recognises that risks to the physical and cyber security of critical infrastructure are key security vulnerabilities for European economies; _________________ 2 Joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 20 June 2023 on ‘European Economic Security Strategy’ (JOIN(2023)0020).
Amendment 46 #
2023/2072(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to pursue a pragmatic and holistic approach when implementing the European economic security strategy, by taking into consideration the strategy’s impact on the economic interests and the competitiveness of the European Union.
Amendment 52 #
2023/2063(INI)
Motion for a resolution
Recital F
Recital F
F. whereas EU funding has proven to be an essential questionable tool to provide macroeconomic stabilisation at EU level and increase its internal and external resilience in times of crisis while supporting Member States in financing necessary investments in EU priorities to tackle current and future challenges;
Amendment 104 #
2023/2063(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the original objective of the European Semester iwas the established framework for coordinating theon of budgetary, and economic, social and employment policies across the Union in accordance with the Treaties, including the European Pillar of Social Rights, thereby safeguarding its macroeconomic stability and its social cohesion;
Amendment 112 #
2023/2063(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Expresses its concerns that the EU economic governance framework as a whole is losing its original focus as over the years the European Semester has been overloaded by policies out of its original scope, leading to debates of non-economic nature.
Amendment 117 #
2023/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 121 #
2023/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Shares the view that the 2024 CSRs need to be focused on a limited set of challenges; underlines that CSRs must equallyshould serve to enhance competitiveness, and promote the green and digital transitions and ensure social fairness; stresses that CSRs need to take account of social vulnerabilities;
Amendment 130 #
2023/2063(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. At the same time, highlights the need for better focusing the country specific recommendations by remaining within the remit of EU competences and avoiding double standards. Emphasises the importance of pursuing genuine dialogue between the Commission and the Member States during the entire semester process. This is a pre-condition of ownership and better implementation.
Amendment 147 #
2023/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports streamlining EU cohesion policy programmes with investment needs identified under the RRF and in CSRs; recalls that cohesion policy serves a broader set of objectives than the RRF; cCalls for a comparable incorporation of stakeholder participation in the drafting and implementation of national RRPs as it is for cohesion policy programmes;
Amendment 173 #
2023/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that the reform must lead to a simplification of the framework, be more country-specific allowing bigger national ownership, and strengthen its enforceability, andwhile enable Member States to meetfind the right balance between the public investment needs for the green and digital transitions of their economies without underminingeconomic growth and the sustainability of government debt;
Amendment 180 #
2023/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 220 #
2023/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the fact that the Commission negotiates with the Member States their individual fiscal-structural plans; underlines that such an increase in discretionary power for the Commission must be accompanied by increased accountability towards the European Parliamentemphasizes the importance of equal treatment of Member States;
Amendment 230 #
2023/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers the stronger involvement of national parliaments in determining the content and voting on fiscal structural plans to be a meaningful way to increase national ownership of fiscal structural plans;
Amendment 236 #
2023/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 243 #
2023/2063(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Stresses that all the EU institutions shall act within the remit of their competences in the field of economic governance, as laid down in the Treaties.
Amendment 65 #
2023/2059(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises the considerable role that the Global Gateway could play in strengthening the network of European ports with third countries, facilitating trade and expanding investment opportunities. In that context it underlines the importance of strengthening the role of European ports in facilitating the transit of grain originating from Ukraine in order to disencumber mainland routes, thus contributing to getting Ukrainian grain to third countries in need.
Amendment 118 #
2023/2058(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CRecalls on thethat Member States to consider the ‘COVID-19 precedent’ for the taxation of cross-border workers as regards the tax treatment of Ukrainian refugees, which would entail disregarding the additional days spent in the host country for the calculation of the 183-day rulehave already discussed the tax treatment of Ukrainian refugees in the context of the taxation of cross-border workers; recommends that the Member States’ national tax authorities offer tax guidance to refugees and reduce administrative complications;.
Amendment 135 #
2023/2058(INI)
10. Calls on the Commission to launch a comprehensive evaluation followed by an action plan on important areas for reform in order to strengthen the Member States’ tax systems by making them future and crisis proof, including through the simplification of their national tax systems; calls for the Commission to come forward with a tax proposal under Article 1165 of the Treaty on the Functioning of the European Union to solve specific tax distortions in the Member States;
Amendment 140 #
2023/2058(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to assess the effectiveness of the temporary VAT reductions applied in Member States and to take measures if deemed necessary;
Amendment 158 #
2023/2058(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes with concern that income inequality has increased in the last 30 years, with wealth being even more concentrated than income and capital gains being mostly realised by the top decile of the population; considers that the Member States should more effectively redistribute income and wealth through the taxation of capital gains, property and wealth; supports calls to start international-level negotiations to establish a progressive wealth tax, in the same vein as the OECD/G20 global tax deal for corporations;
Amendment 172 #
2023/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. WelcomeRecalls the adoption of thed solidarity contribution in the EU; regrets, however, its limited scope and short time span; calls on the Commission to consider a permanent excess profit tax on all sectors, in light of the growing evidence that inflation is partly profit driven; believes that such taxes would curb the oligopolistic power of certain companies and boost competitiveness, while fighting inflation and raising revenuetakes note of its limited scope and short time span;
Amendment 15 #
2023/0397(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Activities under the Facility should support children and their families with particular attention to children living in marginalised communities and in the outermost regions. Activities under the Facility should, where possible, support efforts such as tax benefits and pension funds for large families, equal access to early childhood development by setting up networks of nursing homes and providing cheap access to compulsory kindergartens from the age of 3, equal access to primary and secondary education with the possibility of learning a languages and digital skills, a targeted strategy to prevent disadvantaged children from dropping out of school by encouraging them to stay in education via the creation of scholarships, national talent centres, apprenticeship and traineeship programmes and participation in opportunities to study abroad.
Amendment 15 #
2023/0397(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Activities under the Facility should support children and their families with particular attention to children living in marginalised communities and in the outermost regions. Activities under the Facility should, where possible, support efforts such as tax benefits and pension funds for large families, equal access to early childhood development by setting up networks of nursing homes and providing cheap access to compulsory kindergartens from the age of 3, equal access to primary and secondary education with the possibility of learning a languages and digital skills, a targeted strategy to prevent disadvantaged children from dropping out of school by encouraging them to stay in education via the creation of scholarships, national talent centres, apprenticeship and traineeship programmes and participation in opportunities to study abroad.
Amendment 16 #
2023/0397(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) Activities under the Facility should support action plans and strategies covering family and social policy related sectoral policies, in particular those that protect and aid disadvantaged groups, such as young people, single-parent families, large families, people with disabilities, Roma, Ashkali, Egyptian and other minority communities.
Amendment 16 #
2023/0397(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) Activities under the Facility should support action plans and strategies covering family and social policy related sectoral policies, in particular those that protect and aid disadvantaged groups, such as young people, single-parent families, large families, people with disabilities, Roma, Ashkali, Egyptian and other minority communities.
Amendment 17 #
2023/0397(COD)
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12 c) Activities under the Facility should, where possible, support agricultural strategies and a just and inclusive green and digital transition with a particular focus on ensuring opportunities for decent work for people living in slums and segregated areas, marginalised communities, Roma, Ashkali and Egyptian communities.
Amendment 17 #
2023/0397(COD)
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12 c) Activities under the Facility should, where possible, support agricultural strategies and a just and inclusive green and digital transition with a particular focus on ensuring opportunities for decent work for people living in slums and segregated areas, marginalised communities, Roma, Ashkali and Egyptian communities.
Amendment 43 #
2023/0264(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Reiterates that the budget should effectively support and complement the uptake of funds under the Recovery and Resilience Facility. Reminds that the disbursement of the RRF funds is lagging behind: less than 1/4 of the money have been paid out so far, and five Member States have not received a single euro;
Amendment 48 #
2023/0187(CNS)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 472 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 1
Article 24a – paragraph 1
Amendment 484 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 2
Article 24a – paragraph 2
Amendment 493 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 3
Article 24a – paragraph 3
Amendment 503 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 4
Article 24a – paragraph 4
Amendment 514 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 5
Article 24a – paragraph 5
Amendment 535 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 8
Article 24a – paragraph 8
8. ThreFive years after the date of entry into force of Directive (EU) [OP Please introduce the number of the amending Directive] and after having consulted ESMA and EIOPA, the Commission shall assess the effects of third-party payments on retail investors, in particular in view of potential conflicts of interest and as regards the availability of independent advice, and shall evaluate the impact of the relevant provisions of Directive (EU) [OP Please introduce the number of the amending Directive] on it. If necessary to prevent consumer detriment, the Commission shall propose legislative amendments to the European Parliament and the Council.
Amendment 938 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive 2016/97
Article 29 a – paragraph 1
Article 29 a – paragraph 1
Amendment 976 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive 2016/97
Article 29 a – paragraph 6
Article 29 a – paragraph 6
6. ThreFive years after the date of entry into force of Directive (EU) [OP Please introduce the number of the amending Directive] and after having consulted ESMA and EIOPA, the Commission shall assess the effects of third-party payments on retail investors, in particular in view of potential conflicts of interest and as regards the availability of independent advice, and shall evaluate the impact of the relevant provisions of Directive (EU) [OP Please introduce the number of the amending Directive] on retail investors. If necessary to prevent consumer detriment, the Commission shall propose legislative amendments to the European Parliament and the Council.
Amendment 372 #
2023/0138(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
In order to ensure closer coordination of economic policies and sustained convergence of the economic and social performance of the Member States, the Council and the Commission shall conduct multilateral surveillance within the European Semester in accordance with the objectives and requirements set out in the TFEU. Multilateral surveillance shall rely on high quality and independent statistics, produced in accordance with the principles laid down in Regulation (EC) No 223/2009 of the European Parliament and of the Council.
Amendment 394 #
2023/0138(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
Amendment 405 #
2023/0138(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where necessary, following the assessment pursuant to this Regulation of the medium-term fiscal-structural plans, the annual progress reports and the socio- economic situation of the Member States concerned, the Council shall, on the basis of recommendations from the Commission, address recommendations to those Member States making full use of the legal instruments provided in Articles 121 and 148 TFEU and related secondary legislation.
Amendment 559 #
2023/0138(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
To assess plausibility that the projected public debt ratio of the Member State concerned is on a downward path or remains at a prudent level, the Commission shall use thea common methodology referred to in Annex Vagreed by the Member States. The Commission shall make public its analysis of plausibility and the underlying data.
Amendment 598 #
2023/0138(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Prior to the submission of its national medium-term fiscal-structural plan, the Member State concerned shall hold with the Commission a technical dialogue, with the objective of ensuring that the national medium-term fiscal-structural plan complies with Articles 11, 12 and 14. The Commission shall ensure equal treatment of Member States.
Amendment 748 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Each of the reform and investment commitments underpinning an extension of the adjustment period shall be sufficiently detailed, front-loaded, time-bound and verifiable.
Amendment 796 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission shall assess each national medium-term fiscal-structural plan within 2 months of its submission. The Member State concerned and the Commission may agree to extend the period of assessment by a reasonable period if necessaryone month. In case the Member State and the Commission disagree, the Member State may refer the case to the Economic and Financial Committee.
Amendment 890 #
2023/0138(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Where it considers that the plan does not comply with the requirements set out in Article 15 (2) and (3) point (a), the Council shallmay, on a recommendation from the Commission, recommend that the Member State concerned submits a revised national medium-term fiscal-structural plan.
Amendment 895 #
2023/0138(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
The Council shallmay, on a recommendation from the Commission, recommend to the Member State concerned that the technical trajectory issued by the Commission be the net expenditure path of the Member State where:
Amendment 968 #
2023/0138(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. In the event of a significant risk of deviation from the net expenditure path or a risk that the government deficit may exceeding the 3% of GDP reference value of government deficit, the Commission may address a warning to the Member State concerned in accordance with Article 121(4) TFEU.
Amendment 1015 #
2023/0138(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
The European Parliament shall be duly involved in the European Semester in order to increase the transparency and ownership of, and the accountability for the decisions taken, in particular by means of an economic dialogue. The Economic and Financial Committee, the Economic Policy Committee, the Employment Committee and the Social Protection Committee shall be consulted within the framework of the European Semester where appropriate. Relevant stakeholders, in particular the social partners, shall be involved within the framework of the European Semester, on the main policy issues where appropriate, in accordance with the provisions of the TFEU and national legal and political arrangements.
Amendment 1022 #
2023/0138(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
Where the Council addresses a recommendation to a Member State pursuant to Article 23(2) in the event of a significant risk of deviation from the net expenditure path, the European Parliament may offer the opportunity to that Member State, to participate in an exchange of views.
Amendment 1041 #
2023/0138(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Commission is empowered - after duly consulting the Member States - to adopt delegated acts in accordance with Article 33 to amend Annexes II to VII to adapt them to take due account of further developments or needs regarding the information in the national medium-term fiscal-structural plan (Annex II) or in the annual progress reports (Annex III), regarding the functioning of the control account (Annex IV), regarding the methodology for the assessment of plausibility (Annex V), regarding the common priorities of the Union (Annex VI) or regarding the assessment framework (Annex VII).
Amendment 38 #
2023/0137(CNS)
Proposal for a regulation
Recital 14
Recital 14
(14) When assessing the existence of an excessive deficit in accordance with Article 126(3) TFEU, the Commission should take into account, as a key relevant factor, the degree of debt challenge in the Member State concerned. A substantial public debt challenge established according to the most recent Debt Sustainability Monitor should be considered a key factor leading to the opening of an EDP as a rule. Since, in accordance with Article 126(3) TFEU, the Commission is to take into account all other relevant factors, in so far as they significantly affect the assessment of compliance with the deficit and debt criteria by the Member State concerned, that should include in particular the developments in the medium-term economic position and the developments in the medium-term budgetary position, and the implementation of structural reforms and investment. In order to increase national ownership, the independent fiscal institutions referred to in Article 8 of Council Directive [on the national budgetary frameworks]24 , should provide an opinion on the relevant factors. __________________ 24 Council Directive […] of […] [amending Council Directive 2011/85/EU on requirements for budgetary frameworks of the Member States] (OJ L …, …, p….).
Amendment 103 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 1
Article 2 – paragraph 3 – subparagraph 1
Amendment 106 #
2023/0115(COD)
Proposal for a directive
Recital 22
Recital 22
(22) It is necessary to enhance depositor protection, while avoiding the need for a fire sale of the assets of a DGS and limiting possible negative pro-cyclical effects over the banking industry caused by the collection of extraordinary contributions. DGSs should therefore be allowed to use alternative funding arrangements that enable them to obtain at any time short- term funding from sources other than contributions, including before using their available financial means and funds collected through extraordinary contributions. Because credit institutions should primarily bear the cost and responsibility for financing DGSs, alternative funding arrangements from public funds should only be used as a last resort. This shall be without prejudice to the possibility of the central bank to provide temporary liquidity loans for the DGS.
Amendment 141 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 2014/49/EU
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Amendment 166 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point d
Article 1 – paragraph 1 – point 8 – point d
Directive 2014/49/EU
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Member States shall ensure that where there has been no transaction relating to the deposit during the last 24 months, or the balance of the deposit account is low, DGSs may set a threshold concerning the administrative costs that would be incurred by those DGSs in making such a repayment. DGSs shall not be obliged to take active steps to repay depositors below that threshold. Member States shall ensure that DGSs repay depositors below that threshold where so requested by those depositors.’;
Amendment 169 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/49/EU
Article 8b – paragraph 2
Article 8b – paragraph 2
Amendment 179 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a – point ii
Article 1 – paragraph 1 – point 11 – point a – point ii
Directive 2014/49/EU
Article 10 – paragraph 2 – subparagraph 3
Article 10 – paragraph 2 – subparagraph 3
Where, after the target level referred to in the first subparagraph has been reached for the first time and the available financial means, following a disbursement of DGS’s funds in accordance with Article 8(1), and Article 11(2), (3), and (5), have been reduced to less than two-thirds of the target level, DGSs shall set the regular contribution at a level allowing for the target level to be reached within 6 years. Where it has been reduced but remained higher than the two-thirds of the target level, DGSs shall set the regular contribution at a level allowing for the target level to be reached within 3 years.;
Amendment 429 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point a
Article 1 – paragraph 1 – point 55 – point a
Directive 2014/59/EU
Article 108 – paragraph 1
Article 108 – paragraph 1
Amendment 26 #
2023/0081(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To fulfil those commitments, the Union must accelerate its pace of transition to clean energy, notably by increasing energy efficiency and the share of renewable energy sourcesand low-carbon energy sources, while respecting the principle of technology neutrality. This will contribute to achieving the EU targets of the European Pillar of Social Rights Action Plan for 2030 of an employment rate of at least 78% and participation in training of at least 60% of adults. It will also contribute to ensuring that the green transition is fair and equitable34 . __________________ 34 Council Recommendation on ensuring a fair transition towards climate neutrality, adopted on 16 June 2022 as part of the Fit for 55 package.
Amendment 28 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuelstechnologies to produce energies from nuclear processes and their related fuel cycle, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
Amendment 32 #
2023/0081(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Additional policy effort is necessary to support those technologies that are commercially available and have a good potential for rapid scale up, while respecting the principle of technology neutrality, to support the Union’s 2030 climate targets, improve the security of supply for net-zero technologies and their supply chains, and safeguard or strengthen the overall resilience and competitiveness of the Union’s energy system. It includes access to a safe and sustainable source of best in class fuels, as described in recital 8 of Commission Delegated Regulation (EU) 2022/1214.
Amendment 35 #
2023/0081(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) A key bottleneck for carbon capture investments that are today increasingly economically viable is the availability of operating CO2 storage sites in Europe, which underpin the incentives from Directive 2003/87/EC. To scale up the technology and expand its leading manufacturing capacities, the EU needs to develop a forward-looking supply of permanent geological CO2 storage sites permitted in accordance with Directive 2009/31/EU36 . By defining a Union target of 50 million tonnes of annual operational CO2 injection capacity by 2030, in line with the expected capacities needed in 2030, the relevant sectors can coordinate their investments towards a European Net- Zero CO2 transport and storage value chain that industries can use to decarbonise their operations. This initial deployment will also support further CO2 storage in a 2050 perspective. According to the Commission’s estimates, the Union could need to capture up to 550 million tonnes of CO2 annually by 2050 to meet the net zero objective37 , including for carbon removals. Such a first industrial-scale storage capacity will de-risk investments into the capturing of CO2 emissions as important tool to reach climate neutrality. In view of the expected storage requirements in 2050, the EU CO2 storage market will have to be complemented by a market that covers third countries in Europe with large storage potential. When this regulation is incorporated into the EEA Agreement, the Union target of 50 million tonnes of annual operational CO2 injection capacity by 2030 will be adjusted accordingly. should be adjusted accordingly. To ensure the achievement of Union’s target Member States may take the necessary measures to facilitate and incentivise the deployment of carbon capture and storage projects. Such measures may include measures incentivising emitters to capture emissions, funding support for investors for needed infrastructure to transport CO2 to the storage site and direct funding of CO2 storage projects. __________________ 36 Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance), (OJ L 140, 5.6.2009, p. 114). 37 In depth analysis in support of the Commission Communication (2018/773) A Clean Planet for all. A European long-term strategic vision for a prosperous, modern, competitive and climate neutral economy.
Amendment 36 #
2023/0081(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target as net-zero strategic projects, the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most-cost-effective storage sites. An increasing volume of depleting gas and oil fields that could be converted in safe CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gas industry has affirmed its determination to embark on an energy transition and possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s target of 50 million tonnes of annual operational CO2 injection capacity by 2030, the sector needs to pool its contributions to ensure that carbon capture and storage as a climate solution is available ahead of demand. In order to ensure a timely, Union-wide and cost- effective development of CO2 storage sites in line with the EU objective for injection capacity, licensees of oil and gas production in the EU should contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties. Licensees of oil and gas production in the EU should take the measures within their power to undertake the necessary investments to achieve their respective contribution to the 2030 objective of 50 million tonnes of annual operational CO2 injection capacity. This must take into account the objective commercial, financial, technical, legal, and environmental limitations outside the control of these companies.
Amendment 37 #
2023/0081(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To address security of supply issues and contribute to supporting the resilience of Union’s energy system and decarbonisation and modernisation efforts, the net-zero, as well as low-carbon technology manufacturing capacity in the Union needs to expand. Union manufacturers of solar photovoltaic (PV) technologies need to increase their competitive edge and improve security of supply perspectives, by aiming to reach at least 30 gigawatt of operational solar PV manufacturing capacity by 2030 across the full PV value chain, in line with the goals set out in the European Solar Photovoltaic Industry Alliance, which is supported under the Union’s Solar Energy Strategy.38 Union manufacturers of wind and heat pump technologies need to consolidate their competitive edge and maintain or expand their current market shares throughout this decade, in line with the Union’s technology deployment projections that meet its 2030 energy and climate targets.39 This translates into a Union manufacturing capacity for wind of at least 36 GW and, respectively, for heat pumps of at least 31 GW in 2030. Union manufacturers of batteries and electrolysers need to consolidate their technology leadership and actively contribute to shaping these markets. For battery technologies this would mean contributing to the objectives of the European Battery Alliance and aim at almost 90% of the Union’s battery annual demand being met by the Union’s battery manufacturers, translating into a Union manufacturing capacity of at least 550 GWh in 2030. For EU electrolyser manufacturers, the REPowerEU plan projects 10 million tonnes of domestic renewable hydrogen production and a further up to 10 million tonnes of renewable hydrogen imports by 2030. To ensure EU’s technological leadership translates into commercial leadership, as supported under the Electrolyser Joint Declaration of the Commission and the European Clean Hydrogen Alliance, EU electrolyser manufacturers should further boost their capacity, such that the overall installed electrolyser capacity being deployed reaches at least 100 GW hydrogen by 2030. __________________ 38 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Solar Energy Strategy, SWD(2022) 148 final, 18.05.2022. 39 As per REPowerEU objectives set out in the REPowerEU Plan, COM/2022/230 final, and accompanying Commission Staff Working Document Implementing the Repower EU Action Plan: Investment Needs, Hydrogen Accelerator and achieving the Bio-Methane Targets Accompanying the Document : Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU Plan, SWD/2022/230 final, 18.05.2022
Amendment 39 #
2023/0081(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) At the same time, net-zero technology products will contribute to the Union’s resilience and security of supply of clean and low-carbon energy. A secure supply of clean and low-carbon energy is a prerequisite for economic development, as well as for public order and security. Net- zero technology products will also yield benefits to other strategically important economic sectors, such as farming and food production by securing access to clean and low-carbon energy and machinery at competitive prices, thus contributing sustainably to EU food security and to providing an increasing outlet for bio-based alternatives through circular economy. In the same way, the fulfilment of the Union’s climate ambitions will translate both into economic growth and social well-being.
Amendment 82 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; all sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energyies from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuelsand their related fuel cycle; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. __________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 83 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘net-zero technology manufacturing project’ means a planned industrial facility or extension or repurposing of an existing facility manufacturing net-zero technologies or value chains making use of the net-zero technologies;
Amendment 96 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall recognise as net-zero strategic projects CO2 capture projects, and CO2 infrastructure projects necessary for the transport of captured CO2 to CO2 storage sites, and CO2 storage projects that meet the following cumulative criteria:
Amendment 97 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the CO2 storage site is located in the territory of the Union, its exclusive economic zones or on its continental shelf within the meaning of the United Nations Convention on the Law of the Sea (UNCLOS), or in third countries that have adopted a specific bilateral arrangement with the Commission; and the CO2 storage project contributes to reaching the objective set out in Article 18;
Amendment 98 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) the CO2 storagcapture project has applied for a permit fand the CO2 infrastructure projects necessary to transport the safe and permanent geological storage of CO2 in accordance with Directive 2009/31/ECcaptured CO2 to CO2 storage sites meet the conditions set out in Article 18(6) point (a) or relevant for implementing the plans referred to in Article 18(4).
Amendment 135 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1 a. Entities holding an authorisation as defined in paragraph 1 shall be able to meet their individual contribution to the Union-wide target for available CO2 injection capacity through making available injection capacity in storages located in countries outside the EU, where bilateral agreements between the EU and that country provide for this.
Amendment 136 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Where national legislation allows, within 12 months after entry into force of this Regulation, Member States shall announce a rolling plan to tender licences to explore for geological structures suitable to store CO2 permanently. In designing such tenders, Member States shall pay particular attention to the need to include in their scope saline aquifers.
Amendment 137 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Two years after the entry into force of the Regulation and every year thereafter, the entities referred to in paragraph 1 shall submit a report to the competent authority of the Member States where a storage project is located and the Commission detailing their progress towards meeting their contribution. The Commission shall make these reports public.
Amendment 138 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6 a. The report shall list for each planned CO2 storage project the requirements, which need to be met in order for the investment to be successfully undertaken by 2030. The requirements to be met in order for the investment to be successfully undertaken by 2030 shall include the relevant commercial, financial, technical, legal, and environmental aspects.
Amendment 171 #
2023/0081(COD)
Proposal for a regulation
Annex I – column 2 – row 6
Annex I – column 2 – row 6
Sustianable biogas/biomethane and sustainable liquid fuels technologies
Amendment 172 #
2023/0081(COD)
Proposal for a regulation
Annex I – column 2 – row 8 a (new)
Annex I – column 2 – row 8 a (new)
Technologies to produce energy from nuclear processes and their related fuel cycle
Amendment 24 #
2023/0077(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Consumers and suppliers need effective and efficient forward markets to cover their long-term price exposure and decrease the dependence on short-term prices. To ensure that energy customers all over the EU can fully benefit from the advantages of integrated electricity markets and competition across the Union, the functioning of the Union’s electricity forward market should be improved via the establishment of regional virtual hubs with a viewassessment and implementation of possible feasible measures in a reasonable period within the current market set-up, with the aim to overcome the existing market fragmentation and the low liquidity experienced in many bidding zones. Regional virtual hubs should cover multiple bidding zones while ensuring an adequate price correlation. Some bidding zones may not be covered by a virtual hub in terms of contributing to the hub reference price. However, market participants from these bidding zones should still be able to hedge through aThese improvements could for instance be more frequent auctions or other maturities to be considered and would require a proper assessment. The assessment shall also be extended to regional virtual hubs.
Amendment 26 #
2023/0077(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To enhance the possibilities of market participants for hedging, the role of the single allocation platform established in accordance with Commission Regulation (EU) 2016/1719 should be expanded. Financial transmission rights should be issued by TSOs and allocated through the single allocation platform. The single allocation platform should offer trading of financial long-term transmission rights between the different bidding zones and the regional virtual hubs if established based on the conclusions of a detailed impact assessment. The orders submitted by market participants for financial transmission rights shall be matched by a simultaneous allocation of long term cross zonal capacity. Such matching and allocation should be performed on a regular basis, to ensure enough liquidity and, hence, efficient hedging possibilities to market participants. The long-term transmission rights should be issued on behalf of the transmission system operators with frequent maturities (ranging from month ahead to at least threone years ahead), in order to be aligned with the typical hedging time horizon of market participants. The single allocation platform should be subject to monitoring and enforcement to ensure that it performs its tasks properly.
Amendment 32 #
2023/0077(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Public interventions in price setting for the supply of electricity constitute, in principle, a market-distortive measure. Such interventions may therefore only be carried out as public service obligations and are subject to specific conditions. Under this Directive regulated prices are possible for energy poor and vulnerable households, including below costs, and, as a transition measure, for households and micro-enterprises. In times of crisis, when wholesale and retail electricity prices increase significantly, and this is having a negative impact on the wider economy, Member States should be allowed to extend, temporarily, the application of regulated prices also to SMEs. For both households and SMEs, Member States should be temporarily allowed to set regulated prices below costs as long as this does not create distortion between suppliers and suppliers are compensated for the costs of supplying below cost. However, it needs to be ensured that such price regulation is targeted and does not create incentives to increase consumption. Hence, such price regulation should be limited to 80% of median household consumption for households, and 70% of the previous year’s consumption for SMEs. The Commission should determine when such an electricity price crisis exists and consequently when this possibility becomes applicable. The Commission should also specify the validity of that determination, during which the temporary extension of regulated prices applies, which may be for up to one year. To the extent that any of the measures envisaged by the present Regulationo the extent that any such measures constitute State aid, the provisions concerning such measures are without prejudice to the application of Articles 107 and 108 TFEU.
Amendment 44 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 46 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Within six months of receipt of the proposal on the establishment of the regional virtual hubs for the forward market, ACER shall evaluate it and eiThe results of the assessments by all TSOs following the first and second subparagraph of Article 9(1) shall be reflected by ACER and the Commission in any amendment, proposal for amendments, or non-binding framework guideline related to Commission Regulation (EU) 2016/1719 establishing a guideline on forward capacity allocation, in accordance with the procedures defined in Articles 59(1)(b), 60 and 61. After receiving ther approve or amend it. In the latter case, ACER shall consult the ENTSO for Electricityssessment for the establishment of regional virtual hubs for the forward market, ACER shall consult ESMA before adoptproposing theany amendments. The adopted proposal shall be published on ACER's websit or non-binding framework guideline.
Amendment 48 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The entity operating the single allocation platform established in accordance with Regulation (EU) 2016/1719 shall have a legal form as referred to in Annex II to Directive (EU) 2017/1132 of the European Parliament and of the Council.
Amendment 49 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 4
Article 9 – paragraph 4
4. TOn behalf of the transmission system operators the single allocation platform shall:
Amendment 50 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
Amendment 51 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
(c) offer trading of financial transmission rights that shall allow holders of these financial transmission rights to remove exposure to positive and negative price spreads, and with frequent maturities of up to at least threone years ahead.
Amendment 52 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Where a regulatory authority considers that there are insufficient hedging opportunities available for market participants, and after consultation of relevant financial market competent authorities in case the forward markets concern financial instruments as defined under Article 4(1)(15), it may require power exchanges or transmission system operators to implement additional measures, such as market-making activities, to improve the liquidity of the forward market. Subject to compliance with Union competition law and with Directive (EU) 2014/65 and Regulations (EU) 648/2012 and 600/2014, market operators shall be free to develop forward hedging products, including long-term forward hedging products, to provide market participants, including owners of power-generating facilities using renewable energy sources, with appropriate possibilities for hedging financial risks against price fluctuations. Member States shall not require that such hedging activity may be limited to trades within a Member State or bidding zone.
Amendment 62 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a – paragraph 3
Article 19a – paragraph 3
3. Guarantee schemes for PPAs backed by the Member States shall include provisions to avoid lowering the liquidity in electricity markets and shall not provide support to the purchase of generation from fossil fuels. Guarantee schemes for PPAs backed by the Members States shall not prevent the subjected generators to participate in balancing and ancillary services markets.
Amendment 72 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19b – paragraph 1a (new)
Article 19b – paragraph 1a (new)
1a. Two-way contracts for difference for new investments shall not incentivise the subjected generators to deviate their dispatch or price bidding from normal market behaviour in Day-Ahead, Intraday and Balancing timeframe in the absence of a support scheme. In particular, Member States shall not make the payments under the support scheme conditional on the actual injection of the generator.
Amendment 75 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Amendment 81 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19b – paragraph 3 – point a
Article 19b – paragraph 3 – point a
(a) be designed so that the revenues collected when the market price is above the strike price are distributed to all final electricity customers based on their share of consumption (same cost / refund per MWh consumed);
Amendment 91 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive (EU) 2019/944
Article 66a – paragraph 1 – introductory part
Article 66a – paragraph 1 – introductory part
1. The Commission may by decision declare a regional or Union-wide electricity price crisiA price crisis situation occurs, if the following conditions are met:
Amendment 93 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive (EU) 2019/944
Article 66a – paragraph 1 – point a
Article 66a – paragraph 1 – point a
(a) very high prices in wholesale electricity markets at least two and a half times the average price during the previous 5 years which is expected to continue for at least 6 months;
Amendment 96 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive (EU) 2019/944
Article 66a – paragraph 1 – point b
Article 66a – paragraph 1 – point b
(b) expected sharp increases in or very high electricity retail prices of at least 70% occur which are expected to continue for at least 6 months; and
Amendment 100 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive (EU) 2019/944
Article 66a – paragraph 2
Article 66a – paragraph 2
Amendment 101 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive (EU) 2019/944
Article 66a – paragraph 3
Article 66a – paragraph 3
Amendment 103 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive (EU) 2019/944
Article 66a – paragraph 4
Article 66a – paragraph 4
4. Where the Commission has adopted a decision pursuant to paragraph 1, Member States may for the duration of the validity of that decision, by way of derogation from Article 5(7), point (c), when applying targeted public interventions in price setting for the supply of electricity pursuant to Article 5(6) or paragraph 3 of this Article, exceptionally and temporarily set a price for the supply of electricity which is below cost provided thatIn a situation of a price crisis, temporary public interventions in price setting for the supply of electricity to small and medium sized enterprises may be conducted. Such public interventions shall fulfil the following conditions are fulfilled:
Amendment 52 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1227/2011
Article 5a – paragraph 4a (new)
Article 5a – paragraph 4a (new)
4a. This Article does not apply to transmission system operators.
Amendment 83 #
2022/2188(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Strongly reiterates the importance of protecting the Good Friday Agreement and supporting peace and reconciliation in Northern Ireland; recalls the UK Government’s threatened actions, which would be deemed to be in violation of the TCA, particularly with respect to the Northern Ireland Protocol as contained in the Northern Ireland Protocol Bill 2022, in which the UK Government proposedin particular by proposing to removinge the jurisdiction of the Court of Justice of the EU over the Northern Ireland Protocol, and for which the Commission commenced infringement proceedings against the UK; recognises that an agreement has been reached on the Windsor Framework10 and that the British Government has announced its intention to suspend work on the Northern Ireland Protocol Bill and to allow it to lapse. _________________ 10 His Majesty’s Government, ‘The Windsor Framework: A new way forward’, February 2023.
Amendment 12 #
2022/2172(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the Protocol (No 28) on economic, social and territorial cohesion of the Treaty on the Functioning of the European Union highlights the importance of the "intention of taking greater account of the contributive capacity of individual Member States in the system of own resources, and of examining means of correcting, for the less prosperous Member States, regressive elements existing in the present own resources system";
Amendment 11 #
2022/2150(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the robustness of the labour market; highlights the stabilising effect of national short-time work schemes supported by the European instrument for temporary support to mitigate unemployment risks in an emergency (SURE); welcomes the fact that the recovery and resilience facility is mitigating those consequences and contributing to the Union’s competitive sustainability; stresses that its successful implementation requires the completion of milestones and targets, in particular compliance with the rule of law and the general regime of conditionality, to be monitored transparently and thoroughly; welcomes the Commission’s proposal to include a REPowerEU chapter in the national recovery and resilience plans; insists that the financing of REPowerEU must not divert resources away from other EU priorities;
Amendment 27 #
2022/2150(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned at the economic impact of the aforementioned crises on the Union and on national budgets; stresses that crisis response has led Member States to adopt extensive economic measures; highlights the long-term impact of these measures on economic sustainability, but considers that it should be possible to return to a state of economic discipline in the long run; is also concerned at the Union’s increasing debt repayment obligations if not appropriately handled; stresses that no further Union borrowing should not increase further as long as there are no new own resources to cater for debt repaymentbe allowed.
Amendment 35 #
2022/2150(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Expresses its concerns that the EU economic governance framework as a whole is losing its original scope as over the years the European Semester has been overloaded by policies out of its original scope, leading to debates of non-economic nature.
Amendment 39 #
2022/2150(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Highlights the need for better focusing the country specific recommendations, remaining within the remit of EU competences and avoiding double standards. Emphasises the importance of pursuing genuine dialogue between the Commission and the Member States during the entire semester process. This is a pre-condition of ownership and better implementation.
Amendment 109 #
2022/2150(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 143 #
2022/2150(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Expresses its concerns that the EU economic governance framework as a whole is losing its original scope as over the years the European Semester has been overloaded by policies out of its original scope, leading to debates of non-economic nature;
Amendment 194 #
2022/2150(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Highlights the need for better focusing the country specific recommendations, remaining within the remit of EU competences and avoiding double standards. Emphasises the importance of pursuing genuine dialogue between the Commission and the Member States during the entire semester process. This is a pre-condition of ownership and better implementation;
Amendment 198 #
2022/2150(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes that lessons have been learned from the RRF process by promoting more ownership of ways of putting Member States in charge of designing their own national plans combining fiscal, reform and investment commitments within a common EU framework; greatly regrets that, unlike the RRF, the European Parliament is excluded from defining the overarching goals, guidance, criteria for the debt reduction path, investments, reforms and the underlying assumptions on which the comprehensive debt sustainability analysis is based; regrets that neither the involvement of national parliaments nor that of national stakeholders and civil society is mentioned under project design, implementation or subsequent scrutiny, which sets back ownership and democratic accountability;
Amendment 132 #
2022/2146(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 192 #
2022/2146(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes note of theRecalls that originally a two-pillar solution reachwas agreed at the OECD/G20 Inclusive Framework on the allocation of taxing rights and the application of a minimum effective tax rate of 15 % on the global profits of MNEs, however the Pillar I solution is still pending, which creates an unbalanced situation;
Amendment 224 #
2022/2146(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to guide all the Member States towards a simplified tax system toRecalls that reduceing the administrative burden for companies is essential, especially for SMEs; acknowledges that simplifying refund procedures, deductions and litigation are otherkind of solutions to reduce the administrative burden, especially for SMEs;
Amendment 240 #
2022/2146(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. WelcomesTakes note of the Commission’s plan to work on a BEFIT proposal, expected in the third quarter of 2023, with a view to designing a new and single EU corporate tax rulebook, based on a fair, comprehensive and effective formulary apportionment and a common tax base of income taxation for businesses, which will provide clarity and predictability for companies;
Amendment 248 #
2022/2146(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates its consideration that the BEFIT initiative should be supported by the political process in buildingneeds political support for change and that the initiative should be accompanied by a thorough impact assessment;
Amendment 285 #
2022/2146(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights that tax incentives applied in a fiscally responsible manner for private research and development (e.g. via tax credits, enhanced allowances or adjusted depreciation schedules) can help lift an economy’s overall spending towards research and development, which often comes with positive externalities; recalls that corporate spending on research and development was equal to 1.5 % of EU GDP in 2020, compared to 2.6 % in the US and Japan, according to the European Investment Bank’s 2022/2023 investment report; calls on the Commission to present an assessment of tax incentives for private research and development;
Amendment 1 #
2022/2142(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 11 #
2022/2142(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the EU Institutions to respect the treaties and the principle of rule of law protected by Article 2 of the TEU; highlights that the Union has the obligation to strive for consensus during the process of decision-making, emphasizes the importance of taking into account the particular nature and sensibilities of Member States ensuring that they may not be disregarded during decision-making; confirms that there is no "veto" expressed in the treaties, only the need for consensus during decision- making in specific areas where Member States have reserved their sovereignty and right to decide on essential issues; notes that missing the needed consensus during the decision-making process is in fact lack of support; invites all EU institutions to remain in the scope of their remit during EU legislative and non-legislative procedure;
Amendment 14 #
2022/2142(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 24 #
2022/2142(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that the treaties provide for means of collaboration between the Member States in case the needed support is missing for reaching further cooperation in a specific field, for instance enhanced cooperation;
Amendment 25 #
2022/2142(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 35 #
2022/2142(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 37 #
2022/2062(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the EIB to continue - especially in this challenging economic and financial environment - to carefully assess the potential risks during its lending activity;
Amendment 47 #
2022/2062(INI)
8. Invites the shareholders of the EIB to reflect on the optimal equity structure; calls on the shareholders of the EIB to consider a capital increase;
Amendment 49 #
2022/2062(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Considers that in light of the current circumstances, the use of available financial instruments is reasonable while increasing the capital is not timely;
Amendment 251 #
2022/2061(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the SRB to regularly carry out objective analysis of the lessons learnt and the experiences with earlier banking resolutions.
Amendment 56 #
2022/2060(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 153 #
2022/2060(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the quantitative jurisdictional thresholds in the EC Merger Regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest, such as climate protection, and sustainability and the rule of law, to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions;
Amendment 8 #
2022/2051(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Insists on more democratic legitimacy, accountability and scrutiny of the Union economic policies; stresses for the framework, institutions and tools for EU economic governance to be under the Community method; calls for any Treaty revision to grant the Parliament its role as co-legislator and democratic oversight in these policies;
Amendment 37 #
2022/2051(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the economic governance to be redesigned taking into account lessons learned from the NGEU and SURE processe2008 financial and economic crisis and the COVID-19 pandemic, as well as with the aim of increasing the EU's competitiveness;
Amendment 65 #
2022/2051(INL)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 87 #
2022/2051(INL)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 5 #
2022/2040(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas EU’s trade policy is at the centre of Europe’s economic prosperity and competitiveness, its core function is facilitating the exchange of goods and services in a manner that creates opportunities for companies and economic welfare, as such it is in EU’s interest to have its supply chains more resilient.
Amendment 13 #
2022/2040(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas disruption to supply intermediate goods and production inputs means that EU exports shrink more than imports, thus negatively impacts its trade balance;
Amendment 30 #
2022/2040(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU is strategically dependent on external sources of energy, a situation that is undermining the EU’s economic resilience and open strategic autonomy; whereas skyrocketing energy prices are a serious threat to the EU’s production and competitiveness and may put further pressure on many supply chains that have already faced disruption;
Amendment 35 #
2022/2040(INI)
Motion for a resolution
Recital E
Recital E
E. whereas even though the EU must gain more strategic independence in different fields, including agricultural products,the EU must diversify in different strategically important sectors, including critical raw materials, semiconductors, medicines and health products, this independence has not yet been achieved;
Amendment 45 #
2022/2040(INI)
Motion for a resolution
Recital G
Recital G
G. whereas in order to increase the resilience of its supply chains and its competitiveness, the EU should implement a combination of different commodity- based solutions, including boosting existing EU production, reshoring and nearshoring, stockpiling, where necessary, promoting the circular economy and diversifying suppliers through strategic free trade agreements, sectoral partnerships and alliances, and trade and technology councils and by supporting a strong rules- based trading system;
Amendment 56 #
2022/2040(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that it is crucial to respond to the possible negative consequences of any external shocks with a rapid and coordinated approach at national and EU level;
Amendment 69 #
2022/2040(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 crisis and the war in Ukraine have highlighted the EU agricultural sector’s dependence on imports from a small number of countries, especially in the case of wheat and ammonium, which is essential for fertilisers; recalls that the EU should be autonomousdiversify in primary sector products in order to guarantee its security and avoidto reduce dependencey on third parties;
Amendment 124 #
2022/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the need for a harmoniscoordinated approach on the unilateral, bilateral and multilateral level with a short- , medium- and long-term perspective;
Amendment 136 #
2022/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that the continuing rise in the cost of bureaucracy, particularly as a result of EU legislation such as the Supply Chain Actproposal on Corporate sustainability due diligence directive, places a particular burden on the export industry, which is dominated by SMEs; therefore calls on the Commission to make sure that all legislation and policy actions take due account of the interests of SMEs and for this to invoke regulatory moratorium and to delay all legislation and policy actions that would overburden businesses;
Amendment 152 #
2022/2040(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the shortening of supply chains, where necessary and is in EU’s interest, in combination with other instruments, and the relocation to the EU of EU businesses’ production facilities in countries outside the bloc;
Amendment 164 #
2022/2040(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to develop, in coordination with the Member States, mechanisms to ensure smart stockpiling of certain products, such as medicines and medical equipment, as well as some agricultural products, depending on their expiry date;
Amendment 181 #
2022/2040(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the Commission and Member States to move forward with free trade agreements already concluded and speed up negotiations with new trading partners in order to strengthen and diversify external trade, thus making EU’s position in global value chain stronger,
Amendment 176 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2011/16/EU
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Amendment 178 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2011/16/EU
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Amendment 179 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2011/16/EU
Article 16 – paragraph 2 – subparagraph 3
Article 16 – paragraph 2 – subparagraph 3
Amendment 199 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – title
Article 25a – title
Article 25a Penalties and other compliance measures
Amendment 201 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 1
Article 25a – paragraph 1
1. Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and concerning Article 8(3a), Articles 8aa to 8ad and shall take all necessary measures to ensure that they are implemented and enforced. Penalties and compliance measures provided for shall be effective, proportionate and dissuasive.
Amendment 205 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 2
Article 25a – paragraph 2
Amendment 208 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 3
Article 25a – paragraph 3
Amendment 225 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 4
Article 25a – paragraph 4
Amendment 227 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 5
Article 25a – paragraph 5
Amendment 230 #
2022/0413(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 6
Article 25a – paragraph 6
Amendment 81 #
2022/0406(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘company’ means a legal entity incorporated as one of the types of companies listed in Annex II to Directive (EU) 2017/1132;
Amendment 118 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b – point i
Article 5 – paragraph 1 – point b – point i
(i) a maximum weighted voting ratio andor a requirement on the maximum percentage of the outstanding share capital that the total amount of multiple-vote shares can represent;
Amendment 137 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Member States may provide for further safeguards to ensure adequate protection of shareholders not possessing multiple-vote shares and of the interests of the company. Those safeguards may include in particular:
Amendment 142 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
Amendment 149 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 156 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
Amendment 164 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
Amendment 168 #
2022/0406(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that companies with multiple-vote share structures whose shares are traded or are to be traded on an SME growth market make publicly available, in the [EU Growth issuance document referred to in Article 15a] of Regulation (EU) 2017/1129 of the European Parliament and of the Council43 or in the admission document referred to in Article 33(3), point (c), of Directive (EU) 2014/65/EU and in the company’s annual financial report referred to in Article 78(2), point (g), of Commission Delegated Regulation (EU) 2017/56544 , detailed information on all of the following: __________________ 43 Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12) 44 Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (OJ L 87, 31.3.2017, p. 1).
Amendment 101 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 1 – subparagraph 1
Article 5a – paragraph 1 – subparagraph 1
PSPs that offer to their PSUs a payment service of sending and receiving credit transfers to and from accounts denominated in euro shall offer to all their PSUs a payment service of sending and receiving instant credit transfers to and from accounts denominated in euro.
Amendment 114 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(1a) By way of derogation from the first paragraph, PSPs are allowed to extend the execution time of instant credit transfers by the time necessary for the currency-conversion with regard instant credit transfers to and from payment accounts denominated in a currency other than euro.
Amendment 116 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 1a (new)
Article 5a – paragraph 1a (new)
(1a) By way of derogation from the first paragraph, PSPs shall only be obliged to offer a payment service of sending and receiving instant credit transfers in euro to and from accounts denominated in a currency other than euro during the time when the PSPs receive and send credit transfer transactions in euro other than instant credit transfers to or from such accounts.
Amendment 18 #
2022/0212(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the budget should ensure appropriate financial support for the economies of Ukraine and the Union in the context of the war in order to make the economies and financial systems more resilient, while maintaining funding for the Union's traditional policies, namely the Common Agricultural Policy and Cohesion Policy;
Amendment 24 #
2022/0212(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the provision of adequate resources for the coordination and surveillance of macroeconomic policies, for the fight against financial crime, money laundering and tax evasion, for the implementation of the OECD agreement on corporate taxation, for the enforcement of competition law, and for compliance with the economic governance framework;
Amendment 18 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. __________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 21 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. __________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 27 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. _________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 30 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
Amendment 32 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 34 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 35 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. _________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 36 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 40 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 40 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
Amendment 41 #
2022/0051(COD)
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
Amendment 43 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 47 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 47 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 48 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 53 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 53 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 61 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 74 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts,. Companies may provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 76 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the inits direct business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 77 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationshipm, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 80 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 82 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts,. Companies may provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 83 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, cCompanies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end. Finally, companies may also provide targeted and proportionate support for an SMEs with which they have an established business relationship.
Amendment 84 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the inits direct business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 85 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationshipm, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 85 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 90 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 90 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationship their first tier supply chains, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 95 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, cCompanies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end. Finally, companies may also provide targeted and proportionate support for an SMEs with which they have an established business relationship.
Amendment 95 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts,. Companies may provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 97 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 98 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the inits direct business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 100 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationshipm, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 101 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be requiredmay decide to lay down rules governing the civil liability of companies for damages arising due to its failure tohow companies should comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.
Amendment 103 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationship their first tier supply chains, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 103 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
Amendment 104 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. __________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 104 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 106 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 107 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. __________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 108 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, cCompanies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end. Finally, companies may also provide targeted and proportionate support for an SMEs with which they have an established business relationship.
Amendment 108 #
2022/0051(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 109 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
Amendment 111 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 119 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, wthere related to the value chains of the company, those of their established business relationshipir first tier supply chains, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 121 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
Amendment 122 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be requiredmay decide to lay down rules governing the civil liability of companies for damages arising due to its failure tohow companies should comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.
Amendment 124 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
Amendment 128 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 130 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 134 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 135 #
2022/0051(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 138 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
Amendment 142 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be requiredmay decide to lay down rules governing the civil liability of companies for damages arising due to its failure tohow companies should comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.
Amendment 146 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
Amendment 148 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 151 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 155 #
2022/0051(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 157 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
Amendment 187 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts,. Companies may also provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 193 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the inits direct business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 194 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationshipm, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 202 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 206 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, cCompanies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end. Finally, companies may also provide targeted and proportionate support for an SMEs with which they have an established business relationship.
Amendment 209 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be which is lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
Amendment 210 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 217 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 220 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationship their first tier supply chains, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 223 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to beich is lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
Amendment 229 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 230 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 231 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 242 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established direct business relationships.
Amendment 244 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be requiredmay decide to lay down rules governing the civil liability of companies for damages arising due to its failure tohow companies should comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.
Amendment 245 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 249 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
Amendment 249 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 250 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders;
Amendment 251 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading)direct business. When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 252 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be which is lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
Amendment 253 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 254 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 255 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 256 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 256 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take the following actions:
Amendment 257 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 258 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures by reasonable care to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article.
Amendment 259 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 261 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 261 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. The level of compensation and financial compensation may not exceed the level of the financial guarantee that the companies request pursuant to Article 8(3);
Amendment 262 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with stakeholders;
Amendment 265 #
2022/0051(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 265 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading)direct business partners. When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 267 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
Amendment 269 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
Amendment 269 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 270 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 275 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take one of the following actions:
Amendment 276 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 276 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 279 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 291 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established direct business relationships.
Amendment 297 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established direct business relationships.
Amendment 298 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value1st tier of their supply chains.
Amendment 306 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established direct business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 306 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
Amendment 313 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established direct business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 314 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 318 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the valuecompany, its subsidiaries and in the 1st tier of supply chain concerned,
Amendment 322 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 327 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 328 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
Amendment 332 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders;
Amendment 337 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the valuefirst tier of the supply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 338 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading)direct business. When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 339 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
Amendment 343 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders;
Amendment 343 #
2022/0051(COD)
Amendment 345 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 348 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading)direct business. When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 350 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
Amendment 355 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 355 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may financially support SMEs in order to help them to comply with due diligence requirements.
Amendment 356 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 362 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take the following actions:
Amendment 365 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 369 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 370 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 371 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shallmay lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shallmay take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 373 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 378 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damageoccurred and led to damage, in the event that the company concerned was negligent or otherwise at fault.
Amendment 379 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take the following actions:
Amendment 379 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures by reasonable care to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article.
Amendment 381 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be which is lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
Amendment 386 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures by reasonable care to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article.
Amendment 386 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. The level of compensation and financial compensation may not exceed the level of the financial guarantee that the companies request pursuant to Article 8(3);
Amendment 387 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an in direct partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impacthe company concerned was negligent or otherwise at fault.
Amendment 388 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. The level of compensation and financial compensation may not exceed the level of the financial guarantee that the companies request pursuant to Article 8(3);
Amendment 392 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with stakeholders;
Amendment 393 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with stakeholders;
Amendment 397 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading)direct business partners. When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 397 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading)direct business partners. When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 398 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 399 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts,. Companies may provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 402 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
Amendment 403 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
Amendment 404 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the inits direct business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 405 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 406 #
2022/0051(COD)
Proposal for a directive
Article 26
Article 26
Amendment 406 #
2022/0051(COD)
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationshipm, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 408 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 409 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 410 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 411 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 412 #
2022/0051(COD)
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 414 #
2022/0051(COD)
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take one of the following actions:
Amendment 417 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take one of the following actions:
Amendment 422 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 426 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 431 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value1st tier of their supply chains.
Amendment 434 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 434 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value1st tier of their supply chains.
Amendment 438 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value1st tier of supply chain concerned,
Amendment 441 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 447 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value1st tier of supply chain concerned,
Amendment 449 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 451 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the valuefirst tier of the supply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 472 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established direct business relationships.
Amendment 472 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may financially support SMEs in order to help them to comply with due diligence requirements.
Amendment 473 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the valuefirst tier of the supply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 489 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 494 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established direct business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 495 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may financially support SMEs in order to help them to comply with due diligence requirements.
Amendment 503 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shallmay lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shallmay take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 507 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 509 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 521 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damageoccurred and led to damage, in the event that the company concerned was negligent or otherwise at fault.
Amendment 524 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an in direct partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impacthe company concerned was negligent or otherwise at fault.
Amendment 535 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
Amendment 540 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shallmay lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shallmay take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 544 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 545 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders;
Amendment 546 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 551 #
2022/0051(COD)
Proposal for a directive
Article 26
Article 26
Amendment 557 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading)direct business. When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 562 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damageoccurred and led to damage, in the event that the company concerned was negligent or otherwise at fault.
Amendment 564 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 566 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an in direct partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impacthe company concerned was negligent or otherwise at fault.
Amendment 572 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 573 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 585 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take the following actions:
Amendment 592 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 595 #
2022/0051(COD)
Proposal for a directive
Article 26
Article 26
Amendment 608 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures by reasonable care to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article.
Amendment 615 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. The level of compensation and financial compensation may not exceed the level of the financial guarantee that the companies request pursuant to Article 8(3);
Amendment 619 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with stakeholders;
Amendment 631 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading)direct business partners. When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 639 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
Amendment 648 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 650 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 661 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take one of the following actions:
Amendment 693 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value1st tier of their supply chains.
Amendment 703 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value1st tier of supply chain concerned,
Amendment 706 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 731 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the valuefirst tier of the supply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 764 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may financially support SMEs in order to help them to comply with due diligence requirements.
Amendment 794 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 823 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shallmay lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shallmay take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 833 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 854 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damageoccurred and led to damage, in the event that the company concerned was negligent or otherwise at fault.
Amendment 867 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an in direct partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impacthe company concerned was negligent or otherwise at fault.
Amendment 911 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 920 #
2022/0051(COD)
Proposal for a directive
Article 26
Article 26
Amendment 31 #
2021/2251(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that the Recovery and Resilience Facility (RRF) is an unprecedented instrument of solidarity and a cornerstone of the NextGenerationEU (NGEU) instrument, ending in 2026, as the main tool in the EU’s response to the COVID-19 pandemic to prepare the economies of the EU to face the new challenges; reminds that this instrument of solidarity could also be effectively used, in the current Ukrainian crisis situation, by those countries which bear the heaviest burden of the reception of refugees;
Amendment 45 #
2021/2251(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that even if the economic effects of the RRF cannot be fully disentangled from other developments, it seems fair to conclude that, so far, the RRF has had positive effects on gross domestic product (GDP) and that its effective implementation will be key for the EU’s economic growth; recognises that the RRF has helped to cushion EU economies and citizens from the most acute impacts of the COVID-19 pandemic and is positively contributing to the EU’s recovery and resilience; reminds in this regard that two countries, namely Poland and Hungary have excelled in terms of GDP growth in 2022; recognizes that Poland's GDP growth was 7,7%,while Hungary's economy grew by 7,1% in this period; highlights that this growth could be even higher, if the NRRP's of these two countries were not blocked because of political reasons;
Amendment 120 #
2021/2251(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is concerned, howeverTakes note, that only seven Member States have requested loans amounting to a total of EUR 166 billion out of the EUR 385.8 billion available for loans, leaving a considerable amount available should Member States require loans at a later stage; is preoccupied that the limited interest for the loan component may lead to lost opportunities and prevent the RRF from reaching its full potentialreminds in this regard, that some Member States have access to loans with better conditions from international markets;
Amendment 137 #
2021/2251(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Tasks the Commission with analysing the reasons why the Member States have not requested loans to the full extent of their allocation; such analyses should focus on comparing the conditions of loans from international market with RRF conditions, which might be exaggerated;
Amendment 175 #
2021/2251(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the fact that 22 NRRPs have been approved and observes that as of early February 2022, one Member State had not yet put forward its NRRP; further notes that four NRRPs are pending assessment by the Commission; deplores the fact that the adoption of two NRRPs, namely the Polish and Hungarian, are blocked because of political reasons;
Amendment 179 #
2021/2251(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes the fact that the Commission’s assessments concluded that all approved NRRPs address all six pillars of the RRF and satisfactorily fulfil all assessment criteria as set out in RRF Regulation and represent a balanced package of reforms and investments; considers that Member States could have better aligned their NRRPs to the six RRF pillars and the requirements of the RRF Regulationreminds that these criteria are also fulfilled by the Polish and Hungarian RRP's, however their approval is pending on political blackmailing by the European left; deplores that this political blackmailing is damaging the level playing field amongst Member States' economies;
Amendment 187 #
2021/2251(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reminds the Commission that the rule of law conditionality mechanism is an essential component of the RRF; calls on it to refrain from approving the NRRPs of Poland and Hungary as long as concerns regarding the observance ofstresses that the situation with regard to Ukraine and the COVID-19 pandemic means that the rRule of lLaw and the prevention and detection of and fight against fraud, conflicts of interest and corruption persist in those counConditionality Mechanism should not be applied; stries, and to ensure that all the measures set out in their plans comply with EU values enshrined in Article 2 of the Treaty on European Unionses further that all remaining national plans under the Recovery and Resilience Facility should be approved as a matter of urgency;
Amendment 195 #
2021/2251(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to monitor very carefully the risks to EU financial interests in the implementation of the RRF and any breach or potential breach of the principles of the rule of law; notes that the CJEU has explicitly stated that the Conditionality Regulation is not intended to protect the rule of law, but to protect the EU budget;
Amendment 79 #
2021/2176(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 104 #
2021/2176(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to terminate or modernise any bilateral investment treaties that contain ISDS, any treaties that contain protection standards beyond protection against direct expropriation, nationality-based discrimination or the gross denial of justice, and any treaties that protect fossil fuel investments in order to bring them in line with EU law and EU investment policy;
Amendment 114 #
2021/2176(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to ensure that all of the Member States’ bilateral investment treaties are fully compatible with EU law; supports the Commission in strictly applying the conditions with the necessary flexibilities that are in line with EU law and EU investment policy for authorising the negotiation, signature and conclusion of new agreements by Member States;
Amendment 130 #
2021/2176(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to ensure that a revised ECT will immediately prohibit fossil fuel investors from suing contracting parties for pursuing policies to phase out fossil fuels in line with their commitments under the Paris Agreement; calls on the Commission and the Member States to start preparing a coordinated exit from the ECT with a view to formal submission to the Council in the event of the negotiating objectives not being achieved by June 2022be in line with EU law and EU investment policy;
Amendment 151 #
2021/2176(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to adopt without delay the proposal for a Council decision on the conclusion, on behalf of the EU, of the UN Convention on Transparency in Treaty-based Investor- State Arbitration;
Amendment 156 #
2021/2176(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 49 #
2021/2076(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that in contrast to the negative image associated with initiatives taken during the euro crisis of the early 2010s, the response to NGEU shows the merits of a more ambitious, collective and democratic crisis response at EU level; calls on all EU institutions, therefore, to ensure that the political signal given by NGEU lives on, by demonstrating that the EU delivers on its promises and by offering a longer-term political vision;
Amendment 58 #
2021/2076(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that further investments in EU policies will be necessary to strengthen EU competitiveness and strategic autonomy, in particular regarding industry and climate action; considers, in this regard, that NGEU is a good example of a viable architecture for funding above the MFF ceilings;
Amendment 69 #
2021/2076(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Insists on the need to involve the budgetary authority at all stages of this process; rRecalls that under the Own Resources Decision, the Commission is required to publish a regularly updated plan of expected principal and interest payments, to be discussed with Parliament and Council in the regular interinstitutional meetings on the topic of NGEU;
Amendment 76 #
2021/2076(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Firmly believes that the success of NGEU, and in particular the credibility and sustainability of its financing, will also be assessed against the Union’s ability to repay the common debt with new own resources in the environmental and corporate sector, rather than with increased gross national income-based contributions from the Member Statesmaintain the financing of its traditional policies, namely the Common Agricultural Policy and the Cohesion Policy;
Amendment 78 #
2021/2076(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 89 #
2021/2010(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that on average digital business models face significantly lower effective tax rates than traditional business models which rely on physical presence; regrets that tax avoidance linked to aggressive tax planning is not only detrimental to the collection of public revenues but also puts businesses, especially SMEs, at a disadvantage, while creating barriers for new local entrants;
Amendment 148 #
2021/2010(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 192 #
2021/2010(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 215 #
2021/2010(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 71 #
2021/0402(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The objectives of this Regulation, in particular counteracting third countries’ economic coercion of the Union or a Member State, cannot be sufficiently achieved by Member States acting on their own. This is because Member States as distinct actors under international law may not be entitled under international law to respond to economic coercion directed against the Union. Additionally, because of the exclusive competence conferred on the Union by Article 207 of the Treaty on the Functioning of the European Union, Member States are prevented from taking common commercial policy measures as a response to economic coercion. Therefore, those objectives can be achieved with greater effectiveness at Union level. This must not, however, have a restrictive effect on the scope of measures that may be imposed by Member States in other policy areas.
Amendment 74 #
2021/0402(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) It is of fundamental importance that, in counteracting economic coercion by third countries against the Union or its Member States, the Union must act in accordance with the provisions laid down in Articles 3 and 207 of the TFEU. Article 5(3) TEU provides that the principle of subsidiarity must apply in areas which do not fall within the exclusive competence of the Union.
Amendment 123 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 2 a (new)
Article 2 – paragraph 1 – indent 2 a (new)
- where, in accordance with Articles 3 and 207 TFEU, the measures adopted by third countries that aim to exert economic coercion and the measures adopted by the Union in response fall within the scope of the common commercial policy and, consequently, fall within the exclusive competence of the European Union.
Amendment 595 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
(a) a stand-alone institution in the EU and, for the purposes of complying with the obligations of this Regulation on the basis of its consolidated situation in accordance with Part One, Title II, Chapter 2, an EU parent institution, an EU parent financial holding company and an EU parent mixed financial holding companyinstitutions shall calculate the total risk exposure amount as follows:
Amendment 607 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
Regulation (EU) No 575/2013
Article 92 – paragraph 3 – point b
Article 92 – paragraph 3 – point b
Amendment 624 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
Regulation (EU) No 575/2013
Article 92 – paragrapgh 3 – point c
Article 92 – paragrapgh 3 – point c
Amendment 634 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point b
Article 1 – paragraph 1 – point 23 – point b
Regulation (EU) No 575/2013
Article 92 – paragraph 6
Article 92 – paragraph 6
Amendment 1201 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 1 – introductory part
Article 465 – paragraph 1 – introductory part
1. By way of derogation from Article 92, paragraphs 3 and 6, parent institutions, parent financial holding companies, parent mixed financial holding companies, stand-alone institutions in the EU or stand-alone subsidiary institutions in Member State, institutions may apply the following factor ‘x’ where calculating TREA:
Amendment 1215 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 2 – introductory part
Article 465 – paragraph 2 – introductory part
2. By way of derogation from Article 92(3), point (a), EU parent institutions, EU parent financial holding companies or an EU parent mixed financial holding companies, stand-alone institutions in the EU or stand-alone subsidiary institutions in Member States may, until 31 December 2029, apply the following formula when calculating TREA:
Amendment 1219 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 2 – subparagraph 2
Article 465 – paragraph 2 – subparagraph 2
For the purposes of that calculation, EU parent institutions, EU parent financial holding companies or an EU parent mixed financial holding companies shall take into account the relevant factors ‘x’ referred to in paragraph 1.
Amendment 188 #
2021/0297(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Orderly international migration can bring important benefits to the countries of origin and destination of migrants and contribute to their sustainable development needs. Increasing coherence between trade, development and migration policies is key to ensure that the benefits of migration accrue mutually to both the origin and destination countries. In this respectRelated to migration, it is essential for both origin and destination countries to address common challenges, such as, stepping up cooperation on readmission of own nationals and their sustainable reintegration in the country of origin, in particular in order to avoid a constant drain in active population in the countries of origin, with the ensuing long- term consequences on development, and to ensure that migrants are treated with dignity.
Amendment 293 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II in order to temporarily withdraw the tariff preferences provided under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2), point (b). In adopting the delegated act the Commission may, when appropriate,shall consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 308 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The preferential arrangements referred to in Article 1(2) may be withdrawn temporarily, in respect of all or of certain products originating in a beneficiary country as a last resort, for any of the following reasons:
Amendment 312 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) serious and systematic violation of principles laid down in the core human and labour rights UN/ILO conventions listed in Annex VI;
Amendment 355 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II, in order to temporarily withdraw the tariff preferences provided under the preferential arrangements referred to in Article 1(2). In adopting the delegated act the Commission may, where appropriate,shall consider the socio- economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 359 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 16
Article 19 – paragraph 16
Amendment 365 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 17
Article 19 – paragraph 17
Amendment 796 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 91 a (new)
Article 1 – paragraph 1 – point 91 a (new)
Directive 2009/138/EC
Article 304b (new)
Article 304b (new)
(91a) The following Article is inserted: ‘Article 304b Review as regards the separation of life and non-life insurance business EIOPA shall assess whether the requirement on the separation of life and non-life insurance business referred to in Article 73 paragraph (1) would be still justified. In particular, EIOPA shall assess the effects of maintaining and the potential effects of lifting the composite ban with respect to policyholder protection, potential cross-subsidisation between life and non-life activities, market efficiency and competitiveness. For the purpose of the assessment, EIOPA shall take into account the supervisory experiences with composite undertakings. EIOPA shall submit a report on its findings to the Commission by 28 June 2024.’
Amendment 124 #
2021/0214(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. In order to handle the possible implications of the CBAM on EU industry, the Commission should explore additional elements which could ensure the competitiveness of EU industry. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility.
Amendment 133 #
2021/0214(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to exclude from the CBAM third countries or territories fully integrated into, or linked, to the EU ETS in the event of future agreements, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of amending the list of countries in Annex II. Conversely, those third countries or territories should be excluded from the list in Annex II and be subject to CBAM whereby they do not effectively charge the ETS price on goods exported to the Union. This should be regularly monitored by the Commission.
Amendment 146 #
2021/0214(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) As long as a significant number of the Union’s international partners have policy approaches that do not result inachieve the same level of climate ambition, there is a risk of carbon leakage, which would undermine the Union’s competitiveness. Carbon leakage occurs if, for reasons of costs related to climate policies, businesses in certain industry sectors or subsectors were to transfer production to other countries or imports from those countries would replace equivalent but less GHG emissions intensive products on the internal market, as well as export markets, or investment into such sectors and subsectors would predominantly flow to such countries and not the Union. That cwould lead to an increase in their total emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels.
Amendment 160 #
2021/0214(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addresspreventing risks of carbon leakage resulting from the increased Union climate ambition on the internal market, export markets as well as investment leakage.
Amendment 170 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions.
Amendment 199 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to progressively replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased outhe legislative framework should cumulatively ensure that a mechanisms included to provide effective carbon leakage protection, also addressing export markets, as well as a net positive impact on global GHG emissions rather than EU emissions only. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out, but this transition shall not start before 2030 and only after the Commission has tested and verified the effectiveness of the CBAM regulation in terms of protection from the risk of carbon leakage. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 240 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, from the internal market, export markets, and investment leakage, this Regulation would alsot the same time encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. Encouraging emission reductions in third countries is the most effective way of avoiding the risk of carbon leakage
Amendment 300 #
2021/0214(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transitional period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS, once impact on all aspects of carbon leakage for energy-intensive sectors of applying CBAM to indirect emissions with eventual withdrawal of indirect EU ETS compensation is fully analysed and measures to avoid such leakage are securely in place.
Amendment 406 #
2021/0214(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) The Commission should prepare a report before the end of the transitional period on the impact of CBAM on downstream sectors, in particular regarding the potential increase in costs of production and increase of cost of input materials and the ability of such sectors to pass any such increases to their customers. The Commission should propose measures to address any negative impact of CBAM on the competitiveness of the Union downstream sectors.
Amendment 565 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Proposal for a regulation
Article 1 paragraph 3
Article 1 paragraph 3
3. The mechanism will progressively become an alternative toCBAM can complement the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive.
Amendment 717 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Commission is empowered toshall adopt implementing acts concerning detailed rules regarding the elements of the calculation methods set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and default values and their respective application tocountry-specific default values for individual goods in Annex I as well as laying down methods to ensure the reliability of data on the basis of which the actual emissions and default values shall be determined, including the level of detail and the verification of the data. Adoption of the implementing acts shall be preceded by public consultations with exporters, importers, third country governments, and other relevant stakeholders. Where necessary, those acts shall provide that the default values can be adapted to particular areas, regions or countries to take into account specific objective factors such as geography, natural resources, market conditions, prevailing energy sources, or industrial processes. The implementing acts shall build upon existing legislation for the verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Implementing Regulation (EU) No 2018/2067.
Amendment 1105 #
2021/0214(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Measures in case of unforeseen damages The Commission shall in a timely manner establish an effective compensation mechanism, according to the procedures established in articles 28 and 29, for damages caused by unforeseen reactions of third countries as a result of the implementation of the CBAM regulation.
Amendment 1141 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, an in-depthe assessment - developed in close cooperation with the stakeholders concerned, of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
Amendment 1190 #
2021/0214(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Proposal for a regulation
Article 30
Article 30
Amendment 66 #
2021/0114(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure a level playing field throughout the internal market and consistency in the application of this Regulation, the Commission should be the sole authority competent to apply this Regulation. The Commission should have the power to examine any foreign subsidy to the extent it is in the scope of this Regulation in any sector of the economy on its own initiative or at the request of the competent national authorities, and relying on information from all available sources. To ensure effective control, in the specific case of large concentrations (mergers and acquisitions) and public procurement procedures above certain thresholds, the Commission should have the power to review foreign subsidies based on a prior notification by the undertaking to the Commission.
Amendment 109 #
2021/0114(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Commission should be given adequate investigative powers to gather all necessary information. It should therefore have the power to request information from any undertaking or association of undertakings throughout the whole procedure. However, the obligation to provide information to the Commission should in no way jeopardize the essential national security interests of the Member States. In addition, the Commission should have the power to impose fines and periodic penalty payments for failure to timely supply the requested information or for supplying incomplete, incorrect or misleading information. The Commission could also address questions to Member States or to third countries. Furthermore, the Commission should have the power to make fact-finding visits at the Union premises of the undertaking, or, subject to agreement by the undertaking and the third country concerned, at the premises of the undertaking in the third country. The Commission should also have the power to take decisions on the basis of facts available if the undertaking in question does not cooperate.
Amendment 291 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) inform the undertaking concerned and the competent authorities of the Member State in which it has its registered office; and
Amendment 299 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Where the Commission, after a preliminary assessment, concludes that there are no sufficient grounds to initiate the in-depth investigation, either because there is no foreign subsidy or because there are no indications of an actual or potential distortion on the internal market, it shall close the preliminary review and inform the undertaking concerned and the competent national authorities.
Amendment 328 #
2021/0114(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
(4 a) However, the obligation to provide information to the Commission should in no way jeopardize the essential national security interests of the Member States.
Amendment 418 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
Amendment 429 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
(1) When submitting a tender or a request to participate in a public procurement procedure, undertakings shall either notify to the contracting authority or the contracting entity all foreign financial contributions received in the three years, the total amount of which exceeds EUR 5 million, preceding that notification or confirm in a declaration that they did not receive any foreign financial contributions equalling to such amount in the last three years. Undertakings which do not submit such information or declaration shall not be awarded the contract.
Amendment 439 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributions under this paragraph shall extend to economic operators, and groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. This obligation shall also extend to those main subcontractors and main suppliers that are known at the time of tendering. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 30% of the estimated value of the contract.
Amendment 454 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
(2) The Commission shall carry out a preliminary review no later than 630 days after it received the notification.
Amendment 457 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 2090 days after it received the notification. In exceptional circumstances, this time limit may be extended after consultation with the concerned contracting authority or contracting entity.
Amendment 465 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
(4 a) The Commission may request appropriate information from Member State authorities, if this is necessary under the procedures set out in paragraphs (2)- (4) of this article.
Amendment 471 #
2021/0114(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
(1) During the preliminary review and the in-depth investigation, the evaluation of tenders in a public procurement procedure may continue. The contract shall not be awarded to an undertaking subject to the preliminary investigation before the expiry of the time limit set in Article 29(2).
Amendment 474 #
2021/0114(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
(3) The contract may be awarded to an undertaking submitting a declaration under Article 28 before the Commission takes any of the decisions referred to in Article 30 or before the time limit laid down in Article 29(2) or (4) elapses only if the tender evaluation has established that the undertaking in question has in any case submitted the most economically advantageous tender.
Amendment 27 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EU internal market is the world’s biggest importer and exporter of agri-food products; is convinced that the EU should use this position to set the benchmark in terms of standards for sustainable food systems, based on the precautionary principle, environmental protection and animal welfare; calls on the Commission to conduct a thorough ex- ante impact assessment in order to avoid outsourcing the environmental footprint to third countries;
Amendment 99 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the importance of enforceable Trade and Sustainable Development chapters in trade agreements to promote biodiversity, foster more sustainable agri-food production and stop EU-driven global deforestation; urges support for developing countries to promote food security and alignment with European standards for sustainability;
Amendment 122 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the risk of putting the EU agri-food sector at a competitive disadvantage in the absence of global convergence of standards, and of leading to increased costs for consumers; calls on the Commission to present a comprehensivthorough ex-ante impact assessment and periodic follow-up assessments of the targets envisaged in the Strategy, as well as proportionate measures to maintain the competitiveness of the EU agri-food sector and ensure reciprocity of standardsso that the F2F strategy does not harm the competitiveness of EU farmers at global markets nor does it lead to a crowding-out effect of EU agri-food products by cheaper imports in the EU internal market;
Amendment 38 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes tThe conclusion of the rules-based Asian Regional Comprehensive Economic Partnership (RCEP) agreement, which deepens the economic integration of the region; regrets, however, the lack of a robust sustainable development chapter in the RCEP; believes that the conclusion of the RCEP should encourage the EU to help set has created the largest economic integration in the world; this emphasises the importance for the EU to take the lead in setting global rules for the digital economy; supports in this regard the establishment of an EU-US Trade and Technology Council and the work on a Transatlantic AI Agreement to help facilitate trade and the development of compatible rules and standards in digital trade;
Amendment 42 #
2020/2216(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the role of digital trade in facilitating access to global value chains for SMEs; and contributing to women’s economic empowerments digitisation is indispensable to be competitive in global markets, calls on the Commission to find the way of supporting them in their digital transformation.
Amendment 48 #
2020/2216(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that production and trade depend on digital information being transported, stored and used across borders;
Amendment 52 #
2020/2216(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Highlights the EU data strategy’s role in building its own single market for data through legislation, including the Data Governance Act and the forthcoming Data Act;
Amendment 53 #
2020/2216(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Underlines the fact that competitive access to data is of crucial importance for the development of AI technology, which will be increasingly important in several sectors in society; stresses therefore that researchers and businesses need to be given greater freedom to access and use data for AI development;
Amendment 55 #
2020/2216(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Draws attention to the legal unpredictability faced by AI technology developers because of inadequate coordination of data protection and ethics issues relating to AI at EU level; asks the Commission therefore to submit guidance for pre-approved data usage procedures, as well as for pseudonymisation and anonymisation, in order to increase legal predictability for AI technology developers; considers that national authorities should follow that EU guidance, when exercising their public authority, as a way of ensuring consistent regulatory compliance and removing obstacles to the functioning of the digital single market;
Amendment 56 #
2020/2216(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Recognises the ambition to make the EU a world leader in the development and application of AI and underlines the fact that the EU should position itself as a global leader in the development of ethical and legal norms and standards for the use of AI, potentially setting standards for the rest of the world;
Amendment 57 #
2020/2216(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Notes that SMEs are hardest hit by opaque bureaucracy and excessive regulatory burdens and, accordingly, underlines the fact that legislation needs to be simplified and clarified in order to promote the development and use by them of digital technologies, in particular AI;
Amendment 58 #
2020/2216(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6 g. Highlights the fact that the size of the single market constitutes the main potential for increased digital competitiveness and innovation in Europe and that therefore any fragmentation and any unwarranted border barriers to data flows, collaborative research and exports of digital goods and services between EU countries must be immediately eliminated so as to ensure that society reaps the full benefits of the EU market;
Amendment 59 #
2020/2216(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6 h. Encourages the Commission to evaluate the possibilities to facilitate data flows with strategically important third countries and strengthen the links to like- minded democracies and market economies in the area of data; especially crucial is the cooperation with the United Kingdom which has an important role in the global digital economy; encourages therefore the Commission to include the UK in the aspirations to create a seamless European single market for data; takes note in this regard of the grace period of 4+ 2 months for data transfers provided for in the Trade and Cooperation Agreement between the EU and the UK, and encourages the Commission to urgently ensure continued data flows between the two partners, with respect for data protection rules as a precondition;
Amendment 1 #
2020/2137(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. stresses that it is the sole responsibility of states and governments to safeguard human rights, their society, nature and environment in their countries and that this responsibility shall not be transferred to private actors.
Amendment 2 #
2020/2137(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. recalls that the EU economy is facing the biggest global economic crisis since the Great Depression with companies all over Europe hit especially hard; stresses that especially at this time no legislative initiatives of economically inhibiting or damaging nature, such as those imposing higher administrative burdens or causing legal uncertainty, shall be taken.
Amendment 3 #
2020/2137(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. requires that, before any initiative is proposed, an impact assessment is carried out focusing on: a) the administrative burden on business b) value added by EU companies c) employment by EU companies d) engagement of EU companies in international markets
Amendment 4 #
2020/2137(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c. recalls the importance of transitional periods in order to create legal certainty and good legislation ; stresses in this context the need for a transitional period of at least 7 years in order to allow companies to implement any new measures.
Amendment 10 #
2020/2137(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates that global valuesupply chains are the key feature of the global economy and that trade policy mustcan contribute to a transparent production process throughout the valuesupply chain and demonstrate compliance with environmental, social and safety standards;
Amendment 15 #
2020/2137(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that sustainable corporate governance can help the EU toin building a more resilient and sustainable economy, improve the level playing field and protect EU businesses and c only if it does not deteriorate the level playing field for European companies and it does not impede the improvement of Europe's international competitizveness, and is therefore hugely beneficial to EU trade policyf it protects EU businesses from unfair competitive advantages of third countries resulting from lower protection standards;
Amendment 35 #
2020/2137(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 47 #
2020/2137(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 58 #
2020/2137(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that theany new EU requirements to disclose information on how sustainability issues affect the company and how the company affects society and the environment should include the sharing of all relevant information on all actors throughout the entire supply chain; not overlap with existing reporting requirements (e.g. non financial reporting directive) and their scope and that any new EU requirements must be in accordance with the various international reporting standards like GRI, SASB, IIRC, etc to ensure a level playing field for European companies; reiterates the necessity of avoiding any additional administrative burdens for companies, especially SMEs;
Amendment 5 #
2020/2131(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that small and medium- sized enterprises (SMEs) are the backbone of the EU economy; underlines that the proper functioning of the internal market and the creation of a capital market union remains an absolute priority for SMEs; Notes that only a small percentage of firms who export goods outside the EU are SMEs, and that global markets are an important source of potential for SMEs to increase competitiveness, economic growth and innovation; Notes that frictionless trade and freedom of movement of the EU’s Single Market provides SME’s with the necessary scale and experience to export beyond the borders of the EU and to access further desirable markets.
Amendment 9 #
2020/2131(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Regrets the serious impact of the COVID19 pandemic and necessary health measures implemented to suppress the spread, including the lockdown of economies, on global trade with both imports and exports of the EU being reduced and value chains interrupted or halted as a result; Notes that further disruption will be experienced by European businesses due the United Kingdom leaving the European Union and the Commission must therefore ensure that trade flows and sustained value chains, including trading routes for freight traffic across the EU, remain open to allow free access to sales markets maintain integrity of the single market.
Amendment 30 #
2020/2131(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. EncouragesCalls on the Commission to fully support SMEs in overcoming all barriers that prevent their access to third- country markets; requests the inclusion of anWelcomes the commitments made by the Commission to include SME chapters in every trade agreement to ensure legal security for SMEs; underlines the need for the effective enforcement of trade agreements as a priority task of the Chief Trade Enforcement Officer;
Amendment 39 #
2020/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to be more active in its support of national and regional export agencies in order to allow SMEs to overcome the information gap and take better advantage of trade agreements; opines, in this respect, that the Commission cshould set up an SME internationalisation platform to monitor progress and provide technical assistance to SMEs in accessing new markets;
Amendment 43 #
2020/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to take greater account of the role of SMEsfacilitate participation of SMEs in public procurement when it comes to negotiating public procurement chapters in trade agreements; welcomes the announcement from the Commission that it will launch a new information portal on customs procedures and formalitieprovide user- friendly, up-to-date and practical information on trade policy and in particular on FTAs; calls on the Commission to deliver on its objective of launching a simplified self-assessment tool for rules of origin and life cycle analysis, where a particular focus should be placed on risk assessment, to help SMEs assess whether a product benefits from preferences under a given trade agreement and how they can take advantage of strategic diversification of supply chains;
Amendment 47 #
2020/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that access to financing is essential for SMEs; asks the European Investment Bank to pay particular attention to SMEs when defining its policies; draws particular attention to SMEs, which need funding, such as micro financing loans, and technical assistance to comply with the Green Deal and digitalisation objectives in order to remain competitive;as well as reducing regulatory burden in order to remain competitive; Notes that the Commission needs to remove barriers to green growth and eco-innovation for SMEs to ensure that the Green Deal is an economic opportunity for SMEs.
Amendment 50 #
2020/2131(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to rethink and rewrite its SME Strategy presented on 10 March 2020. The strategy has to be updated to reflect the financing needs of SMEs during the pandemic in order to save businesses and jobs. The survival and recovery of SMEs, family businesses and self-employed persons means the survival of the European economy; they are the key for the Union to get back on its feet as quickly as possible after the COVID-19 pandemic is gone;
Amendment 53 #
2020/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to strengtheneffectively implement the EU’s safeguard and trade defence instruments in order to better protect European industry, in particular when it affects sectors with a majority of SMEs; underlines the need to focus on implementation and enforcement of our trade agreements, for breaches of both market access and trade and sustainable development commitments, in order to effectively address market distortions so that SMEs do not face a competitive disadvantage. urges the Commission, in this regard, to enhance the role of the SME Trade Defence Helpdesk to both increase support to SMEs in accessing trade defence instruments and to enhance communication to SMEs of the tools available in addressing distortions in markets.
Amendment 7 #
2020/2098(REG)
Proposal for a decision
Citation -1 (new)
Citation -1 (new)
-1 having regard to Parliament's roles, functions and competences laid down in the Treaties,
Amendment 8 #
2020/2098(REG)
Proposal for a decision
Citation -1 a (new)
Citation -1 a (new)
-1a having regard to the primary obligation of the institutions of the European Union to safeguard the rule of law also in their own functioning,
Amendment 9 #
2020/2098(REG)
Proposal for a decision
Citation -1 b (new)
Citation -1 b (new)
-1b having regard to the rights of persons with disabilities and to the European Parliament resolution of 7 July 2016 on the implementation of the UN Convention on the Rights of Persons with Disabilities, with special regard to the Concluding Observations of the UN CRPD Committee1a ; _________________ 1a OJ C 101, 16.3.2018, p. 138.
Amendment 12 #
2020/2098(REG)
Proposal for a decision
Paragraph 3
Paragraph 3
3. Takes note of the temporary measures adopted by its President and its governing bodies in order to cope with such extraordinary circumstances; underlines that those measures were needed to guarantee the continuity of Parliament’s business, which is required by the Treaties, allowing Parliament to carry out its legislative, budgetary and political control functions during the crisis;
Amendment 14 #
2020/2098(REG)
Proposal for a decision
Paragraph 4
Paragraph 4
4. Recognises that those temporary measures were fully justified and ensured the validity of all votes taken during their period of applicatione motive and necessity of those temporary measures were tackling the circumstances caused by the COVID-19 pandemic;
Amendment 15 #
2020/2098(REG)
Proposal for a decision
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses its desire to restore Parliament's full operation in compliance with its own rules, as laid down in the Treaties;
Amendment 22 #
2020/2098(REG)
Title XIII a (new) – rule 237 a (new)
Amendment 29 #
2020/2098(REG)
Title XIII a (new) – rule 237 b (new)
Amendment 35 #
2020/2098(REG)
Title XIII a (new) – rule 237 c (new)
Amendment 38 #
2020/2098(REG)
Title XIII a (new) – rule 237 d (new)
Rule 237d Holding of the plenary session in separate meeting rooms Where the President decides in accordance with Rule 237a(3), point (c), to allow a plenary session of Parliament to be held in whole or in part in more than one meeting room, including, where appropriate, the hemicycle, the following rules shall apply: – the meeting rooms used in this context shall be considered to collectively constitute the Chamber; – the President may, if necessary, determine the manner in which the respective meeting rooms can be used, in order to ensure that physical distancing requirements are respected.
Amendment 40 #
2020/2098(REG)
Title XIII a (new) – rule 237 e (new)
Rule 237e Parliamentary business during a period of extraordinary circumstances 1. Without delay after the adoption of a decision by the President under Rule 237a(2), the Conference of Presidents shall identify those activities which are essential and urgent for Parliament during the period of extraordinary circumstances referred to in Rule 237a(1), taking into account the opinion of the Conference of Committee Chairs. Those activities shall include measures that need to be taken with regard to the extraordinary circumstances, to budgetary matters, to urgent legislative procedures, or to major political events. 2. During the period of validity of a decision adopted under Rule 237a(2), the parliamentary business conducted in part- sessions and committee meetings shall be limited to the consideration and adoption of measures identified as essential and urgent by the Conference of Presidents taking into account the opinion of the Conference of Committee Chairs in accordance with paragraph 1. 3. Within two months after the adoption or modification of the rules regarding extraordinary circumstances under Title XIIIa, the President of the European Parliament shall initiate the procedure of Article 263 TFEU to review the legality of the modification of the Rules of Procedure and ensure that the modification is in line with the principle of the rule of law and democracy.
Amendment 42 #
2020/2098(REG)
Title XIII a (new) – rule 237 f (new)
Rule 237f Members with disabilities The European Parliament, to the best of its capabilities, shall ensure reasonable accommodation for Members with disabilities and their staff in the course of operating under extraordinary circumstances described in this Title.
Amendment 2 #
2020/2078(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Treaty on the Functioning of the European Union (TFEU), in particular its Articles 121(2) and 136 and Protocols No 1 and 2 thereto,
Amendment 3 #
2020/2078(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to the Commission reports of 17 December 2019 entitled ‘Alert Mechanism Report 2020’ (COM(2019)0651) and to the Commission recommendation for a Council recommendation on the economic policy of the euro area (COM(2019)0652),
Amendment 4 #
2020/2078(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
- having regard to the Council recommendation of 10 February 2020 on the economic policy of the euro area, 1a _________________ 1a https://www.consilium.europa.eu/en/press /press-releases/2020/02/18/council- approves-its-recommendation-on-the- economic-policy-of-the-euro-area-for- 2020/
Amendment 5 #
2020/2078(INI)
Motion for a resolution
Citation 1 d (new)
Citation 1 d (new)
Amendment 16 #
2020/2078(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the shock is symmetrical but the impact varies considerably among Member States, reflecting the severity of the pandemic and the stringency of their containment measures, but also their specific economic exposures and initial conditions, including their available scope for discretionary fiscal policy responses, emphasizing that those Member States which gradually have had built fiscal buffers were better placed to mobilise fiscal stimulus packages at much faster pace and without associated borrowing costs, which helped to mitigate negative socio-economic effects of the pandemic;
Amendment 36 #
2020/2078(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas solidarity-based European response also means responsibility which requires a credible repayment plan to be presented before the adoption of the MFF and NGEU;
Amendment 54 #
2020/2078(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes with great concern that, according to the Commission’s Spring 2020 economic forecast, the EU is expected to suffering the deepest recession in its history in 2020;; Euro area GDP is expected to contract by 7,7% (7,4% in the EU) in 2020 with the rebound of 6,3% (6,1% in the EU) in 2021; 1a _________________ 1a Spring forecast 2020, page 168, Table 1. https://ec.europa.eu/info/sites/info/files/ec onomy-finance/ip125_en.pdf
Amendment 59 #
2020/2078(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 66 #
2020/2078(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concerned at the remarkably negative impact of the COVID-19 crisispandemic on the globalEU’s economy, trade, incomeparticularly on SMEs, Single Market and its competitiveness, multilateralism, inequalities and poverty;
Amendment 76 #
2020/2078(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the Commission’s estimate of the investment needs of the EU for delivering the green transition and digital transformation amounts to at least EUR 595 billion per year8 ; _________________ 8Commission Staff Working Document - Identifying Europe's recovery needs, p. 16:aggregate liquidity measures provided in response to the pandemic outbreak amount to 22% of EU GDP and were complemented by existing EU budget instruments offering support of up to about 4½% of EU GDP; 1a _________________ 1aPage 3 of the Spring 2020 forecast. https://ec.europa.eu/info/sites/info/files/ec onomy- finance/assessment_of_economic_and_in vestment_needsip125_en.pdf
Amendment 80 #
2020/2078(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 81 #
2020/2078(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises that the EU faces the unprecedented challenge of mitigating the social and economic consequences of the historic recession and setting the course for a rapid economic recovery linked to a strengthening of the Single Market and SMEs, competitiveness, sustainable and just transition and digital transformation; is convinced that, for this, a significant increase in public and private investment compared to the 2010srivate and public investment is indispensable and that the increased level of economically viable investment must be stabilised for many years to come, while there is also a need for enhanced convergence in the EU;
Amendment 105 #
2020/2078(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the swift and strong response to the crisis in the area of monetary and fiscal policy, at both EU and Member State level, as well as the European Recovery Plan; considers it essential that the recovery package is fully aligned with the EU’s new growth strategy, i.e. in accordance with the principles of the European Green Deal (EGD), the European Pillar of Social Rights (EPSR) and the United Nations Sustainable Development Goals (SDGs), and with the aim to; demands that funds and resources be directed to projects and beneficiaries that spend the resources responsibly, effectively and for economically viable protject women’s rights and achieve gender equality; demands that funds and resources be directed to projects and beneficiaries thats, while enhancing ownership of the European Semester, under strict monitoring, comply with our Treaty- based fundamental values and that recipient firms from state aid or EU funds protect their workers, pay their fair share of taxes, and those firms benefiting from State aid or recovery funds, where applicable, refrain from paying out dividends or offering share buy- back schemes aimed at remunerating shareholders; particular attention need to be paid to empower women and promote gender equality;
Amendment 125 #
2020/2078(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes theNotes the temporary activation of the general escape clause ofunder the Stability and Growth Pact, and expects that it will remain activated at least until the end of 2021no longer then it is strictly necessary in order to support the efforts of the Member States to recover from the pandemic crisis and strengthen their competitiveness, economic and social resilience;
Amendment 128 #
2020/2078(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that the current EU fiscal and budgetary rules have proven to provide the needed flexibility in crisis times and have demonstrated extraordinary counter-cyclicality allowing all Member States to adopt necessary fiscal stance to protect the EU’s economies;
Amendment 135 #
2020/2078(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls the specific need to foster convergence within the euro area and EU as such;
Amendment 146 #
2020/2078(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the conclusion of the European Fiscal Board (EFB)9 that the fiscal framework has to be revisewed, and is convinced that the deep economic crisis triggered by the pandemic further exacerbates this need; believes that the review and reform havehas to meet the above requirements in terms of increasing investment relating to recovery of EU’s economy, particularly in SMEs, Single Market and its competitiveness, climate change and digitalisation and stabilising the new level of investment, while ensuring sound budgetary management and re-starting building fiscal buffers in order to be able to respond effectively to any future challenges; _________________ 9EFB Annual report 2019, p. 71 - https:/ec.europa.eu/info/sites/infos/files/20 19-efb-annual-report_en.pdf
Amendment 159 #
2020/2078(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is concerned about the significant but uneven negative impact of the COVID- 19 crisis on government deficit and private debt, which further aggravates the situation of Member States that are particularly affected by the pandemic and/or pre- existing high levels of government debt; calls for a solution that guarantees the sustainability of public debtle reduction of public debt, particularly in Member States which had high levels of public debt before the fallout of the pandemic;
Amendment 169 #
2020/2078(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers it essential that the revisionew of the EU’s fiscal and economic policy framework should be completed by the time, but no longer than underlying justification of the activation cease to exist, the escape clause is repealed and shoulddeactivated to enable fiscal policy to respond with discretion to future shocks in the short term, and to reduce; therefore reduction of Member States high public debt ratios to an agreed reference value in the long termpre-defined time, while ballowancing national budgets to leave a sufficient level of public investment, progressive tax policies and the repayment of loans in a cycle- comfortable manner and convergence, and the long-term modernisation of public commodities is very important;
Amendment 184 #
2020/2078(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. PropoWishes to sese a combination of expenditure rules for public non- inverapid EU’s recovery from the COVID-19 crisis by stmrent expenditure and a golden rule for public investment which is central to both; wishes to see a rapid recovery from the COVID-19 crisis andgthening the Single Market, competitiveness, cohesion, a transition to a cleaner, socially sustainable and more digital society;
Amendment 201 #
2020/2078(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. recalls that the European Semester cycle is a framework for EU Member States to coordinate their budgetary and economic policies;
Amendment 207 #
2020/2078(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the refocusimmediate attention of the European Semester Spring Package aimed at providing an immediate economic policy response to tackle and mitigate the health and socio-economic impact of COVID-19 and reboot economic activity; supports the Commission’s announcement of a reform of the European Semester to convert it into a tool to coordinate the recovery measures, fram, with particular attention to SMEs support; notes that the European Semester Spring Package proposed country-specific recommendations (CSRs) providing economic policy guidance to all EU Member States in the context of the coronavirus pandemic, focused byon the principles of the EGD, the EPSR and the SDGs; is convinced that this has to include the coordination of measures concerning state aid and tax policies; underlines the need for the intmost urgent challenges brought about by the pandemic and on relaunching sustainable growth and that recommendations are structured around two objectives: in the short-term, mitigating the coronavirus pandemic's severe negration of a new set of binding sustainability and wellbeing indicators and alternative measurements of growth performance; ve socio-economic consequences; and in the short to medium-term, achieving sustainable and inclusive growth which facilitates the green transition and the digital transformation; 1a _________________ 1a https://ec.europa.eu/commission/presscor ner/detail/en/ip_20_901
Amendment 219 #
2020/2078(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission urgently to start work on the creation of dedicated coordination mechanism in the EU to ensure that Europe is able to become the first climate-neutral continent by 2050;
Amendment 223 #
2020/2078(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises the role that the Commission has allotted to the European Semester in the Recovery Plan; notes, however, that the effectiveness and success of the alignment of Member States’ investment and reform programmes to the Semester process will depend on the progress of the Semester reform and the above-mentioned reform of the Stability and Growth Pact; ownership by the Member States, more specifically, the implementation of the country-specific recommendations, therefore, calls on the Commission to communicate more proactively and better with the Member States and offer tailor- made solutions ahead of the customary adoption of the CSRs, especially now that the Recovery and Resilience Facility will be embedded into the semester, it is visible that the communication has to be improved as EU Member States made at least some progress on only 40% (37 out of 93) of recommendations under the 2019 European Semester; 1a _________________ 1a https://www.europarl.europa.eu/RegData/ etudes/ATAG/2020/624400/IPOL_ATA(2 020)624400_EN.pdf
Amendment 240 #
2020/2078(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its call for the strengthening of Parliament’s democratic role in the economic governance framework in any upcoming Treaty change and, in the meantime, for an Interinstitutional Agreement on Sustainable European Governance granting Parliament a right of consent on the policy recommendations presented in the Annual Sustainable Growth Survey, the euro area fiscal package and the Country Specific RecommendationsHighlights the importance of full debate and proper involvement of national parliaments, European Parliament and relevant stakeholders in the process of the European Semester, welcomes the European Parliament’s role as defined by the two- and six-packs and calls on the Council and Commission to take due account of the resolutions adopted;
Amendment 251 #
2020/2078(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that publictax revenues are essential to finance the post-pandemic recovery restoring EU’s competiveness and the just transition to a sustainable economy; recalls thate importance to fight tax fraud, tax evasion and, tax avoidance at EU level amount to up to EUR 160-190 billion each year, constituting missing revenues for the treasuriend money laundering both at national and EU levels;
Amendment 253 #
2020/2078(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 268 #
2020/2078(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the urgent need to strengthen the Banking Union and complete and reinforce the EMU architecture with a view to protecting citizens and reducing pressure on public finances during external shocks so as to overcome social and economic imbalances, by creating a fiscal capacity for public investment, a macroeconomic stabilisation and cohesion function for the euro area, and a European unemployment benefit reinsurance scheme;
Amendment 3 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. TUrges in light of the current crisis the Commission to focus on SMEs as the backbone of our economy, to boost the economic recovery and competitiveness of the EU; takes note of the Commission’s initiatives to support European SMEs’ access to international markets; stresses, however, that SMEs have to deal with too many regulations and burdens and excessive bureaucracy; stresses that SMEs are kept at a competitive disadvantage by investing in climate neutrality to comply with the Green Deal while trying to remain competitive and thrive on export markets; stresses therefore the need to further improve the business environment in the EU i.e. by facilitating easier access to finance; underlines that cutting red tape and easing of bureaucratic burdens should remain a priority and that legal certainty, evidence based policy, assessments of impact and cost efficiency must be ensured before introducing new EU rules; reminds the Commission of the One-in-one-out principle; highlights in this sense the importance of effective communication and awareness raising campaigns; welcomes the Commission’s objective to launch early in 2020 a dedicated rules of origin self-assessment tool for SMEs on the future Access2Market platform to help companies assess whether a product can benefit from preferences under a given EU trade agreement, in order to facilitate SMEs’ utilisation of preferences under EU trade agreements;
Amendment 12 #
2020/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Takes note that between the years 2007 and 2017 global GDP increased with more than 70 percent; comparing however the EU increase of 17 percent to countries such as the United States (60 percent), India (80 percent) and China(315 percent), the EU was falling behind in global competitiveness already before; notes that world trade is expected to fall between 13 and 32 percent and EU GDP by 7,5 percent in 2020 due to the effects of COVID-19; stresses therefore that with rapidly declining global economies, a reindustrialisation of Europe is needed and the EU must gather forces to save companies and jobs to that end;
Amendment 19 #
2020/2076(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Notes that the COVID-19 crisis has emphasised the need for digital solutions, trade and business models; welcomes therefore the Commission’s aim towards EU digital leadership, for example by advancing the WTO negotiations for global rules on electronic commerce; calls for openness to a meaningful outcome of those negotiations to facilitate the flow of data across borders and address unjustified barriers to trade by electronic means, in full conformity with EU privacy and data protection law, including the GDPR, and to make use of the flexibility given by the negotiating directives;
Amendment 22 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to focus on domestic productivity within Europe, in order to establish less dependence on vulnerableBelieves that EU resilience can be achieved through the diversification of our trading relations, supply chains and strategic stocks; calls on the Commission to focus on securing the supply within Europe, by establishing strategic diversification of supply chains in core industry sectors such as the tech and telecommunications, medical products and, pharmaceuticals sectorand agricultural products, especially in times of global crisis, and to remain competitive on the global markets; welcomes trade agreements as a way to facilitate diversification of value chains and reinforce EU industry and production; calls on the Commission to continue striking ambitious free trade agreements, which focus on ensuring a level playing field and improved access to public procurement markets; expects in this regard to conclude the FTAs with Australia, New Zealand, Indonesia as well as the PCA with Thailand and encourages the swift ratification of the EU-Mexico and EU-Mercosur FTAs; proposes to the Commission a re-launch of ambitious negotiations with India and scoping exercise with Taiwan; stresses also the importance of including and further developing SME-chapters in all FTAs as a way to promote trade for SMEs;
Amendment 40 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports, in principle, the initiative to reinforce a rule-based multilateral trading system; expresses its concern, however, about the functioning of the WTO, owing to some international actors abusing their market power; calls on the Commission to ensure a rules-based multilateral system fit for a stronger EU in the world with open and fair trade, while aiming at sustainable economic recovery; stresses that fair and free trade can only function within a fully operational WTO; calls therefore on the Commission to focus its international efforts to mobilise international partners to reform the WTO, while creating a level playing field and combatting unfair trade and investment practices, and exploring the possibilities for a broader plurilateral initiative related to healthcare products as well as to e-commerce;
Amendment 51 #
2020/2076(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Points out that the EU is by far the world’s biggest exporter of services and that they represent about 70 percent of EU GDP; stresses therefore the need to further liberalise services through FTAs, welcomes the ongoing plurilateral negotiations within the WTO on key areas of trade in services;
Amendment 68 #
2020/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the reinforcement of the safeguardtrade defence instruments in order to make themprovide the EU with a more efficient and better adaptedpowerful toolbox to protect European industry and to tacklefrom hostile foreign market distortions effectivelyng practices;
Amendment 4 #
2020/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the COVID-19 pandemic has revealed in the starkest possible terms the vital role played by functioning global supply chains for medical products, and in particular for medicines; emphasises that an open, rules-basedfree, fair, rules-based multilateral trading system is fundamental to ensuring the global availability of medicines;
Amendment 18 #
2020/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that the EU depends on a narrow set of countries for a large proportion of its imports of active pharmaceutical ingredients and chemical raw materials; stresses that this over- reliance can pose a risk when limitations in production capacity, excess demand or protectionist measures threaten the proper functioning of global supply chains and potentially undermine the availability of medicines in the EU; calls on the Commission to present a long-term strategy focused on ensuring the EU’s open strategic autonomy in healthand resilience in health, in particular by ensuring diversification of supply chains;
Amendment 35 #
2020/2071(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the commitment of the Commission to ensuring that emergency measures designed to tackle COVID-19 effects must be targeted, proportionate, transparent, temporary and consistent with WTO rules;
Amendment 45 #
2020/2071(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Emphasizes the need for a broader trade and health initiative within the WTO that aims to enhance cooperation and develop guidance to ensure a coordinated response in the event of shortage of essential medical supplies;
Amendment 61 #
2020/2071(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that a complete repatriation of medical supply chains is not possible neither should be the aim in a global economy; urges the Commission and the Member States to work with the EU’s partners, the WHO and WTO, on establishing an international framework that can prevent the breakdown of supply chains and limit resort to protectionist measures during health crises.
Amendment 2 #
2020/2058(INI)
Motion for a resolution
Citation 8
Citation 8
Amendment 99 #
2020/2058(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the success of the EU’s aim to achieve climate neutrality will, among other factors, depend on the adequacy of the financing;
Amendment 178 #
2020/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the gradual phasing-out of public and private investments in highly polluting and harmful industries for which economically feasible alternatives are available, while fully respecting the rights of Member States to choose their energy mix;
Amendment 373 #
2020/2058(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the statement of the ECB President that the ECB is supporting the development of a taxonomy as a way of facilitating the incorporation of environmental considerations in central bank portfolios; calls on the ECB to evaluate the feasibility of including sustainability criteria in its collateral framework and its annual stress testing exercise, while assessing ways to guide lending towards energy transition investments and to rebuild a sustainable economy in the aftermath of the COVID- 19 crisis;
Amendment 405 #
2020/2058(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 419 #
2020/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Insists on the integration of governance objectives in the sustainability framework, including through additional voting rights for long-term shareholders, reform of remuneration structures and fiduciary duties for top-line management, and mandatory sustainability reporting and due diligence fovites the Commission to analyse how a long-term perspective can be better financial institutions and large corporates; welcomes the preparation of a sustainablcorporated into the corporate governance initiativregime;
Amendment 444 #
2020/2058(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls that sustainable investments do not necessarily come with a lower risk-profile than other types of investments; points out that sustainability considerations must therefore not come at the expense of financial stability considerations;
Amendment 455 #
2020/2058(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the introduction of an enabling framework for public sustainable investments to achieve the goals set out in the European Green Deal, but stresses that whatever financing model is chosen must not undermine the sustainability of public finance in the EU; supports the commitment by EVP Dombrovskis to explore how taxonomy can be used in the public sector; calls for public support for airlines to be used in a sustainable and efficient mannerStresses that increased levels of public sustainable investments must not undermine the sustainability of public finance in the EU;
Amendment 473 #
2020/2058(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Rejects the idea of an enabling framework for public sustainable investments or any 'fast-track-procedure' under the Stability and Growth Pact;
Amendment 490 #
2020/2058(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that the European Semester is a framework for EU Member States to coordinate their budgetary and economic policies; believes that ithe European Semester is not the right crouldte to facilitate the implementation of the European Green Deal, the European Pillar of Social Rights and the UN Sustainable Development Goals (SDGs); believes that the SDGs should be at the heart of EU’s policy making processcompetitiveness and sound fiscal policy should be at the heart of a focussed European Semester;
Amendment 513 #
2020/2058(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports the Solvency Support Instrument to level the playing field in the single market, and takes note of the introduction of ‘transition plans’ for certain companies to increase the sustainability of their activities; considers that society can ask for a quid pro quo when providing support to companies; believes that transition plans should be obligatory for companies seeking state aid or EU-level support unless it is clear that they do not engage in environmentally or socially harmful activities; urges the Commission to only approve transition plans that set businesses on the path to the climate- neutral and circular economy without significantly harming any other environmental or social objectives;
Amendment 531 #
2020/2058(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 548 #
2020/2058(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 4 #
2020/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is convinced that a purpose-built trade policy can be an important driver in steering economies towards decarbonisation in order to achieve the climate objectives set in the Paris Agreement and the European Green Deal; emphasises that, as a result of the EU’s increased ambition on climate change, risk of carbon leakage increased consequently; urges the Commission to ensure full carbon-leakage protection in all its policies accordingly; stresses that EU climate policy must be aligned to economic growth and competitiveness for the European industry and SMEs;
Amendment 13 #
2020/2043(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Is convinced that the main objective of a carbon border adjustment mechanism should be to reduce global emissions, while avoiding carbon leakage and upholding competitiveness of European industries.
Amendment 24 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports, in the absence of a global carbon price and a multilateral solution, a market-based EU carbon border adjustment mechanism (CBAM), with regard to imports from all countries not covered by a strict carbon trading system with similar goals and costs for lowering CO2 emissions, on condition that it is compatible with EU free trade agreements (FTAs) and WTO rules (by being non- discriminatory and not constituting a disguised restriction on international trade), and that it is proportionate, based on the polluter pays principle and fit for purpose in delivering the climate objectives;
Amendment 61 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for thorough impact assessments andExpresses concern that a mechanism centred solely on basic materials could lead to a shift in imports towards intermediate and final products not covered by the mechanism, thereby affecting the EU industry; calls for thorough, proper and comprehensive impact assessments prior to and throughout its implementation also aimed to identify measures for sectors where the risk of carbon leakage is highest while taking into consideration the sector’s competitiveness and calls on the Commission for the utmost transparency of the process leading to the CBAM, as well as engagement with the EU’s trading partners to build coalitions and avoid any possible retaliations; calls on the Commission not to replace existing carbon leakage measures with an untested mechanism, in order to avoid major uncertainties and risks for European industry;
Amendment 80 #
2020/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that many carbon- and trade- intensive industrial sectors could potentially be impacted by the CBAM, either directly or indirectly, and that it could influence supply chains; emphasises therefore, that any CBAM design should be an additional and complementary measure to existing carbon leakage measures, at least in an initial phase, in order to better monitor the cost effect and to safeguard the global level of competitiveness of the EU industrial sectors vis a vis competition from third countries with non-equivalent CO2 reduction and cost reduction goals; stresses that any CBAM should be easy to administer and not place an undue burden on enterprises, especially small and medium- sized enterprises (SMEs); notes that from a bureaucratic and implementation cost point of view, the CBAM should not be a complicated alternative to the instruments already in use.
Amendment 88 #
2020/2043(INI)
Draft opinion
Paragraph 5 – point 1 (new)
Paragraph 5 – point 1 (new)
(1) Is convinced that if the CBAM is designed and implemented as an import- ETS system, maintaining the existing free allowances would not result to double protection.
Amendment 13 #
2020/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomNotes the announcement from the G20 on a temporary moratorium on debt repayments for the weakest developing countries;
Amendment 24 #
2020/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the European Union still has important economic ties with African states, and that China has intensified its economic engagement in Africashould be maintained and further enhanced in the future. Notes also the increasing presence of China in the continent;
Amendment 36 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that the role of many African states in the inte importance of sustainable job creation and investment in accelernational division of labour does not promote their sustainable developmed economic development in the countries of the African continent;
Amendment 47 #
2020/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to reform its current version of its strategy entitled ‘Towards a comprehensive Strategy with Africa’ with a view to addressing the needs of the African regions in theroot causes of economic, social and health weake of this health and economic crisinesses and instability by strengthening resilience of local communities and respecting the sensibilities of local partners;
Amendment 66 #
2020/2041(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that the fragmented implementation of EPAs has resulted in a lack of substantial progress in supporting regional integration, capacity-building on border cooperation, and improvements in investment climates, human development and good governance;
Amendment 93 #
2020/2041(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Underlines that empowering civil society, and thereby including a social counterpart in investmentprivate sector, in particular the SMEs, is a vital aspect of EU policies towards and with the African states.;
Amendment 61 #
2020/2037(INI)
Motion for a resolution
Recital I
Recital I
I. whereas new powers to temporarily issue recovery debt, including green bonds – which make the EU the world’s biggest issuer of such debt –, require adequate implementation and strict enforcement capacities so as to avoid undermining the long-term credibility of the euro as a safe asset currency;
Amendment 81 #
2020/2037(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the long-term international role of the Euro will largely depend on the Eurozone's attractiveness as a location to do business and the soundness of the Member States' fiscal policies;
Amendment 108 #
2020/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates, in this context, the need to deepen and complete the Economic and Monetary Union (EMU), the Banking Union and the Capital Markets Union (CMU), with a view to enhancing the international competitiveness of European markets and the stability and attractiveness of the euro;
Amendment 137 #
2020/2037(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for sustainable and sound fiscal and structural growth- enhancing policies that are based on a commitment to credible fiscal rules to maintain the stability and integrity of the Euro; calls for further reflection on the adequacy of the stability and growth pact framework and its enforcement despite the challenging circumstances; supports the plan outlined in Next Generation EU to use, in addition to monetary policy, a fiscal impulse, notably borrowing EUR 750 billion from capital markets bonds to finance the recovery and green transition, in addition to the issuance of EUR 100 billion in ‘social’ bonds under the European instrument for temporary support to mitigate unemployment risks in an emergency (SURE), which is intended to preserve employment; applauds the high level of interest that investors have demonstrated in European bonds;
Amendment 148 #
2020/2037(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that an adequate supply of safe assets is a precondition for international currency status, and expresses its regret at the limited availability of euro- denominated safe assets; underlines, therefore, the need to create European safe assets; considers that the proposed issuance of a common debt to finance recovery will provide an EU-level reserve asset benchmark and increase the supply of euro-denominated safe assets; expects the ECB to conduct an assessment of the possibility of issuing certificates of deposit under its existing legal basis;
Amendment 194 #
2020/2037(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Points out that a higher share of energy contracts being traded in Euro could enhance the international role of the Single currency and is therefore supportive of policies furthering that goal;
Amendment 191 #
2020/2023(INI)
Motion for a resolution
Paragraph 13 – point iii
Paragraph 13 – point iii
(iii) while striving for the widest possible trade in goodto establish a duty and quota free trade agreement covering all sectors, the Commission should evaluate possible quotas and tariffs for the most sensitive sectors as well as the need for safeguard clauses to protect the integrity of the EU single market; reiterates, moreover, that for instance with respect to food and agricultural products, access to the single market is conditional on strict compliance with all EU laws and standards, particularly in the fields of food safety, genetically modified organisms (GMOs), pesticides, geographical indications, animal welfare, labelling and traceability, sanitary and phytosanitary (SPS) standards, and human, animal and plant health;
Amendment 243 #
2020/2023(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates that given the UK’s geographic proximity and economic interdependence with the EU, the breadth and depth of the agreement on a level playing field will be essential in determining the extent of the overall future EU-UK relationship; considers, therefore, that a level playing field must be ensured and EU standards safeguarded in order to avoid a ‘race to the bottom’, with a view to dynamic alignment regarding state aid; stresses the need to ensure that the UK does not gain an unfair competitive advantage through the undercutting of levels of protection and to prevent regulatory arbitrage by market operators;
Amendment 40 #
2020/0155(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
Amendment 67 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2017/1129
Article 14a – paragraph 1 – point b a (new)
Article 14a – paragraph 1 – point b a (new)
(b a) Issuers may only draw up an EU Recovery prospectus provided that the number of shares intended to be offered represents, together with the number of shares already offered via an EU Recovery prospectus over a period of 12 months, less than 50% of the number of shares already admitted to trading on a regulated market or an SME Growth market, as the case may be, on the date of approval of the EU Recovery prospectus; the period of 12 months shall begin on the date of approval of the EU Recovery prospectus.
Amendment 318 #
2020/0104(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesion and reducing the infrastructural gap. For that purpose, it should contribute to improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050, thereby restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering employment creation and to promoting sustainable growth.
Amendment 434 #
2020/0104(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Commission should assess the recovery and resilience plan proposed by the Member States and should act in close cooperation with the Member State concerned. The Commission will fully respect the national ownership of the process and will therefore take into account the justification and elements provided by the Member State concerned and assess whether the recovery and resilience plan proposed by the Member State is expected to contribute to effectively address challenges identified in the relevant country-specific recommendation addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester, such as the National Reform Programmes; whether the plan contains measures that effectively contribute to the green and the digital transitions and to addressing the challenges resulting from them; whether the plan is expected to have a lasting impact in the Member State concerned; whether the plan is expected to effectively contribute to strengthen the growth potential, job creation and economic and social resilience of the Member State, mitigate the economic and social impact of the crisis and contribute to enhancing economic, social and territorial cohesion and the reduction of the infrastructural gap; whether the justification provided by the Member State of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is commensurate to the expected impact on the economy and employment; whether the proposed recovery and resilience plan contains measures for the implementation of reforms and public investment projects that represent coherent actions; and whether the arrangement proposed by the Member State concerned are expected to ensure effective implementation of the recovery and resilience plan, including the proposed milestones and targets, and the related indicators.
Amendment 451 #
2020/0104(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The Council should approve the assessment of the recovery and resilience plans by means of an implementing decision, based on a proposal by the Commission, and which it should endeavour to adopt within four weeks of the proposal. Provided that the recovery and resilience plan satisfactorily addresses the assessment criteria, the Member State concerned should be allocated the maximum financial contribution where the estimated total costs of the reform and investment included in the recovery and resilience plan is equal to, or higher than, the amount of the maximum financial contribution itself. The Member State concerned should instead be allocated an amount equal to the estimated total cost of the recovery and resilience plan where such estimated total cost is lower than the maximum financial contribution itself. No financial contribution should be awarded to the Member State if the recovery and resilience plan does not satisfactorily address the assessment criteria.
Amendment 471 #
2020/0104(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The request for a loan should be justified by the financial needs linked to additional reforms and investments included in the recovery and resilience plan, notably relevant for the green and digital transitions, and by therefore, by a higher cost of the plan than the maximum financial contribution (to be) allocated via the non-repayable contribution. It should be possible to submit the request for a loan together with the submission of the plan. In case the request for loan is made at a different moment in time, it should be accompanied by a revised plan with additional milestones and targets. To ensure frontloading of resources, Member States should request a loan support at the latest by 31 August 2024. For the purposes of sound financial management, the total amount of all the loans granted under this Regulation should be capped. In addition, the maximum volume of the loan for each Member State should not exceed 4.7% of its Gross National Income. An increase of the capped amount should be possible in exceptional circumstances subject to available resources. For the same reasons of sound financial management, it should be possible to pay the loan in instalments against the fulfilment of results. The Commission should assess the request for a loan support within two months. The Council should be able to approve this assessment by qualified majority on a Commission proposal through an implementing decision which the Council shall endeavour to adopt within four weeks of the proposal.
Amendment 483 #
2020/0104(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) A Member State should have the possibility to make a reasoned request to amend the recovery and resilience plan within the period of implementation, where objective circumstances justify such a course of action. TWhere the Commission should assess the reasoned request and take a new decision within four monthsconsiders that the reasons put forward by the Member State concerned justify such an amendment, it should assess the new plan within two months. The Member State concerned and the Commission may agree to extend this deadline by a reasonable time period if necessary. The Council should approve the assessment of the new plan by means of an implementing decision, based on a proposal by the Commission.
Amendment 556 #
2020/0104(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The recovery and resilience plans to be implemented by the Member States and the corresponding financial contribution allocated to them should be establishadopted by the Commission by way of implementing actuncil by means of an implementing decision, on a proposal from the Commission. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. The implementing powers relating to the adoption of the recovery and resilience plans and to the payment of the financial support upon fulfilment of the relevant milestones and targets should be exercised by the Commission in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council, under the examination procedure thereof13 . After the adoption of an implementing act, decision, it should be possible for the Member State concerned and the Commission to agree on certain operational arrangements of a technical nature, detailing aspects of the implementation with respect to timelines, indicators for the milestones and targets, and access to underlying data. To allow the continuous relevance of the operational arrangements in respect of the prevailing circumstances during the implementation of the recovery and resilience plan, it should be possible that the elements of such technical arrangements may be modified by mutual consent. Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. __________________ 13 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 1105 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
(a) whether the recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations addressed to the Member State concerned orand in other relevant documents officially adopted by the Commission in the European Semester National Reform Programmes;
Amendment 1200 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point g a (new)
Article 16 – paragraph 3 – point g a (new)
(g a) whether the recovery and resilience plan contributes to key infrastructure development, especially in Member States where GDP/capita is below the EU average and the level of public debt is sustainable;
Amendment 1216 #
2020/0104(COD)
Proposal for a regulation
Article 17 – title
Article 17 – title
Commission proposal and Council implementing decision
Amendment 1223 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall adopt a decision within four months of the official submissionOn a proposal from the Commission, the Council shall approve by means of an implementing decision, the assessment of the recovery and resilience plan as submitted by the Member State, by means of an implementing act. In the event that the Commission gives a positive assessment to a recovery and resilience plan, thate Commission proposal for a Council implementing decision shall set out the reforms and investment projects to be implemented by the Member State, including the milestones and targets, and the financial contribution allocated in accordance with Article 11.
Amendment 1234 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. In case the Member State concerned requests a loan support, the Commission proposal for a Council implementing decision shall also set out the amount of the loan support as referred to in Article 12(4) and (5) and the additional reforms and investment projects to be implemented by the Member State covered by that loan support, including the additional milestones and targets.
Amendment 1301 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The Council shall adopt the implementing actdecisions referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 27(2)by qualified majority, as a rule, within four weeks of the adoption of the Commission proposal.
Amendment 1405 #
2020/0104(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
Information to the European Parliament and the Council and communication on the Member States’ recovery and resilience plans
Amendment 1411 #
2020/0104(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Commission shall transmit the assessment of the recovery and resilience plans as approved in the implementing act of the Commission in accordance with Article 17 to the European Parliament and the Council without undue delay. The Member State concerned may request the Commission to redact sensitive or confidential information, the disclosure of which would jeopardise public interests of the Member State.
Amendment 1482 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. For the purpose of the reporting on the activities referred to in paragraph 2, the Commission may use the content of the relevant documents officially adopted by the Commission under the European Semesterunder the European Semester, such as the National Reform Programmes, as appropriate.
Amendment 48 #
2020/0066(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EU) No 575/2013
Article 114 – paragraph 6
Article 114 – paragraph 6
(-1) In Article 114, paragraph 6 is deleted.
Amendment 50 #
2020/0066(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Regulation (EU) No 575/2013
Article 150 – paragraph 1 – point d – point ii
Article 150 – paragraph 1 – point d – point ii
(-1a) In point(d) of Article 150(1), point (ii) is replaced by the following: “(ii) exposures to the central government and central banks are assigned a 0% risk weight under Article 114(2) or (4) or Article 495(2);”; ;”; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R0575-20230628)
Amendment 102 #
2020/0066(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 575/2013
Article 500 b (new)
Article 500 b (new)
Amendment 114 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF shouldmay complement the resources available under cohesion policy. The establishment of the JTF should not lead to cuts in or transfers from the funds covered by Regulation (EU) [new CPR].
Amendment 130 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the gradual phasing out of the activity and the corresponding reduction inegative impact on the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new energy efficiency, energy storage and lower carbon activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Gas has to be recognised as a bridge technology that needs to play an important role in the transition to a low- emission economy. Energy security of supply must remain intact by technical innovations, including the roll-out of hydrogen and other innovative energy sources. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 166 #
2020/0006(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The JTF support should be conditional on the effective implementation of a transition process in a specific territory in order to achieve a climate-neutral economy. In that regard, Member States should prepare, in cooperation with the relevant stakeholders and supported by the Commission, territorial just transition plans, detailing the transition process, consistently with their National Energy and Climate Plans. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors.
Amendment 177 #
2020/0006(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the amendment of the elements contained in Annex III of this Regulation regarding the common output and result indicators. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making15 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts; these experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 15 OJ L 123, 12.5.2016, p.13.
Amendment 191 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. It lays down the specific objective of the JTF, its geographical coverage and resources, the scope of its support with regard to the Investment for jobs and growth goal referred to in [point (a) of Article 4(2)] of Regulation (EU) [new CPR] as well as specific provisions for programming and indicators necessary for monitoring.
Amendment 197 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 218 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.5 billion in 2018 prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 235 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
In accordance with paragraph 1, the JTF shall exclusively support the following activities:
Amendment 259 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clealow-carbon energy system, in greenhouse gas emission reduction, energy efficiency and renewable energy including development of existing and planned nuclear power stations where applicable in accordance with the objectives of the Euratom Treaty and EU law, energy storage and smart energy solutions, energy efficiency and renewable energy, circular economy and environmental remediation;
Amendment 267 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments to reduce energy poverty and air pollution, notably through investments in district heating and eliminating individual heating solutions based on coal;
Amendment 294 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
(ga) decommissioning or the construction of nuclear power stations;
Amendment 295 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g b (new)
Article 4 – paragraph 2 – subparagraph 1 – point g b (new)
(gb) investments related to the production, processing, distribution, storage or combustion of natural gas as a transitional energy;
Amendment 329 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 347 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of fossil fuels other than natural gas;
Amendment 348 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of solid fossil fuels;
Amendment 364 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programme where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the National Energy and Climate Plan of the Member State concerned.
Amendment 369 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shall comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount.
Amendment 419 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Territorial just transition plans shall be consistent with the territorial strategies referred to in Article [23] of Regulation (EU) [new CPR], with relevant smart specialisation strategies, the NECPs and the European Pillar of Social Rights.
Amendment 424 #
2020/0006(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative. Targets shall not be revised after the request for programme amendment submitted pursuant to Article [14(2)] of Regulation (EU) [new CPR] has been approved by the Commission.
Amendment 435 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
For each Member State, the financial envelope is determined in accordance with the following steps: I. An amount of 6.5 billion EUR of the Just Transition Fund resources is shared amongst Member States as follows:
Amendment 460 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 2 a (new)
Annex I – paragraph 2 a (new)
II. The remaining 1 billion EUR of the Just Transition Fund resources should serve as a compensation mechanism for Member States that achieved at least 30% gross greenhouse gas emission reduction by 2017 based on their national inventories compared to the 1990 emission levels, thus outperforming the 2020 EU emission reduction target by at least 150%. The 1 billion EUR is shared amongst these Member States based on the ratio of their 2017 gross greenhouse gas emissions.
Amendment 3 #
2019/2211(INI)
Motion for a resolution
Citation 13
Citation 13
— having regard to the Commission communication of 21 Nov17 December 20189 entitled ‘Annual Sustainable Growth Strategy 2020’ (COM(2019)0650), and to the Commission’s Alert Mechanism Report 2020 of 17 December 2019 (COM(2019)0651),
Amendment 7 #
2019/2211(INI)
Motion for a resolution
Citation 17
Citation 17
— having regard to the Commission’s recommendation for a Council recommendation of 17 December 2019 on the economic policy of the euro area (2019/C652),
Amendment 9 #
2019/2211(INI)
Motion for a resolution
Citation 21
Citation 21
Amendment 15 #
2019/2211(INI)
Motion for a resolution
Citation 23
Citation 23
Amendment 16 #
2019/2211(INI)
Motion for a resolution
Citation 24
Citation 24
Amendment 22 #
2019/2211(INI)
Motion for a resolution
Citation 27
Citation 27
Amendment 23 #
2019/2211(INI)
Motion for a resolution
Citation 28
Citation 28
— having regard to the report of the Committee on Economic and Monetary Affairs, the opinions of the Committee on Budgets and the Committee on Regional Development (A9-0000/2019),
Amendment 32 #
2019/2211(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the improvement in the economic situation and low interest rates provide an opportunity to use these good times to implement ambitious reforms, in particular measures aimed at encouraging public investment to tackle climate change and its social consequencereducing budget deficits, government debt and non- performing loans and to be prepared for another eventual recession or economic crisis and create full-time jobs;
Amendment 39 #
2019/2211(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas low interest rates environment is a golden opportunity to use windfall gains to reduce high levels of public debt in Member States;
Amendment 43 #
2019/2211(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas according to the Commission forecast, eleven Member States are expected to have debt-to-GDP ratios of more than 60 % in 2021;
Amendment 45 #
2019/2211(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas over the past two decades, total factor productivity in the euro area has lagged behind that of major global competitors;
Amendment 49 #
2019/2211(INI)
Motion for a resolution
Recital B
Recital B
B. whereas inequality of income in the euro area has increased since the beginning of the financial crisis; whereas there are between 50 and 100 million people affected by energy poverty in Europe;more needs to be done to further reduce inequality of income in the euro area
Amendment 81 #
2019/2211(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that, in view of the climate change emergency, the EU’s Annual Growth Survey (AGS) has now been renamed the Annual Sustainable Growth Survey (ASGS), and c. Considers that this implies a change in the positioning of the report and the implementation of ecological indicatorscannot override the original purpose and function of the European Semester, since it was established to provide a framework for the coordination of economic policies across the European Union. Promoting sustainable growth in a sustainable manner means to promote responsible fiscal policies, structural reforms and investment;
Amendment 108 #
2019/2211(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission urgently to start work on the creation of it’s own coordination mechanism in the EU to ensure that Europe is able to become the first climate-neutral continent by 2050;
Amendment 134 #
2019/2211(INI)
Motion for a resolution
Subheading 2
Subheading 2
Economic outlook (based on winter Economic outlook)
Amendment 140 #
2019/2211(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the euro area is going through a prolonged period of subdued growth (1.1 3% in the euro area and 1.45% in the EU as a whole in 2019), with growth in the euro area in 2020 and 2021 forecast at 1.26 % and for the EU in 2020 and 2021 forecast at 1.4 8%; also notes that the euro area headline inflation rate is forecast to further slow down, to 1.24 % in 2019 and 2020, in a context of high uncertainty due to geopolitical tensions and Brexit; is concerned at the high level of private debtwith gradual pick-up to 1.5% in 2020, with 1.6% and 1.7% respectively in the EU 27;
Amendment 142 #
2019/2211(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is concerned of the anaemic productivity and increasing level of private debts, is equally concerned that public debt in some Member States is expected to increase in 2021;
Amendment 148 #
2019/2211(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned that post-crisis investment has been on a downward path in the EU in spite of historically low interest rates, currently standing at 3.4 %, with overall infrastructure investment now at about 75 % of its pre-crisis level; whereas 80 % of the shortfall is the result of cutbacks in the public sector, which have occurred particularly in countries subject to adverse macroeconomic conditions andin the same time notes that investment-to- GDP ratio is set to continue on a rising trend in the mfore severe fiscal constraints imposed cast horizon, disadvantaged regions already characterised by poor infrastructure quality and weak socio- economic outcomes, but also, and surprisingly, in countries with a large fiscal space;riven by the steady increases of the investments in the private sector.
Amendment 174 #
2019/2211(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes that for 2020, the European Fiscal Board recommends a neutral fiscal stance in the euro area, with appropriate country differentiation;
Amendment 178 #
2019/2211(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the problem of too low a level of public investmentNotes that the public investment- to-GDP ratio in 2020 is set to remain below its pre-crisis average level in almost half the EU Member States, while highlights that in terms of the quality of public spending, the aggregate public investment-to-GDP ratio in the euro area is projected to increase from 2.7% in 2018 to 2.9% in 2020-2021; calls on the Commission to assess the cost of not taking acsituation in this area, in particular by evaluating the difference between the need for investment and the actual investments made;
Amendment 211 #
2019/2211(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Shares the concern expressed in others of thetresses EFB’s conclusions regarding the pro-cyclical elements in the EU fiscal rules, which forced Member States to adjust their economies in a pocannot easily disentangle what is due to the fiscal framework or difficultto the economic situation, failing to improve the quality of public finance and promote investment; welcomes the EFB’s recommendation of a seven-year cycle mirroring the MFF so as to better coordinate Member States’ public accounts, and especially investmentand political context, the six-pack reform and subsequent reinterpretations of the rules have de facto neither reduced pro- cyclicality nor sufficiently encouraged counter-cyclicality; is concerned that pro- cyclical tightening during the crisis was particularly pronounced in countries with high debt that had not taken advantage of the good times preceding the crisis to create fiscal buffers;
Amendment 219 #
2019/2211(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. NotesIs concerned that the debt levels of all the11 Member States are above the pre-crisis level and are expected to exceed 60 % in 2021; further notes that in six3 Member States the ratio will be higher than 9100 %; highlights the fact that the fiscal rulpoor enforcement of the EU fiscal rules by the Member States have not contributed to bringing down the debt levels of highly indebted countries but have, raand could not prevent their, increased them;
Amendment 230 #
2019/2211(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Supports flexibility in the implementation of the SGP as proposed by the Commission in 2015; considers that much more flexibility should be introduced in order to boost investment and ecological transition in the EU; calls, therefore, for the reform of the SGP and thTakes note of the Commission communication on making the best use of the flexibility within the existing rules of the Stability and Growth Pact; notes that MS did not used provided flexibility to promote much needed investments via EFSI; is concerned that without sustainable fiscal policy and a credible financial situation of Member States any future fintroduction of a euro area fiscal capacityancing model of the ecological transition is endangered;
Amendment 257 #
2019/2211(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the Commission warranted in-depth reviews for 13 Member States identified as having imbalances; support’s report identified 13 Member States that may have macroeconomic imbalances and which should be subject to an in-depth review in 2020; notes the suggestion made in the Alert Mechanism Report (AMR) 2020 that a re balancing of both current account deficits and surpluses in the euro area is needed urgently and would be beneficial for all Member States;
Amendment 265 #
2019/2211(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned about the accelerating rise in house pricesthat in some Member States, developments in price or cost variables show potential signs of overheating, particularly as regards the housing market or the labour market;
Amendment 285 #
2019/2211(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls the importance of the efficient regulation of the banking and financial sectors in order to prevent a new crisis; believes that such regulation must integrate the ecological situation; emphasises the importance of completing the Banking Union and the need to reform the European Stability Mechanism;
Amendment 310 #
2019/2211(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for qualified majority voting in Councilrespecting the provisions of the Treaties concerning the decision making on tax matters;
Amendment 326 #
2019/2211(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the systematicNotes the inclusion of tax matters, when necessary, in the Country Specific Recommendations (CSRs), with the aim of ensuring competitiveness and economic coherence across EU Member States as well as the fairness of EU tax systems; believes that the CSRs could ensure a fair balance between sources of revenue and should also include innovative elements aiming at; invites the Council to start considering innovative elements in taxation with the aim of reconciling competitiveness and the promotingon of the Green Deal, meanwhile guaranteeing a level playing field for EU companies; further believes that they should also support Member States in tackling tax avoidance and aggressive tax planning;
Amendment 346 #
2019/2211(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the EU-28 employment rate currently stands at 73.1 % - the highest annual average ever recorded - while unemployment stands at 7.6 % in the euro area and 6.3 % in the EU as a whole, with downward trend in 2020 and 2021;
Amendment 360 #
2019/2211(INI)
20. Takes note of AMR 2020’s finding that wage growth at euro area level remains below what would be expected at the current levels of unemployment on the basis of historical data, and that this affects the inflation rate; highlights that the currently low productivity and inflation together with structural reforms transferring collective bargaining to the enterprise level are detrimental to wage growth and are leading to greater income inequality and an increase in the numbers of working poor, with in-work poverty affecting almost one in ten workers in Europe; accordingly advocates wagethe labour markets continued to improve and unemployment has fallen in all EU Member States. Welcomes that in many Member States there were wage growth, but is concerned that the unit labour costs have been growing at a faster pace in many Member States due to both wage acceleration and reduced productivity growth;
Amendment 369 #
2019/2211(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Agrees that it is a matter of great concern that income inequality is above pre-crisis levels in some countries, being frequently linked to unStresses that equal opportunities in access to education, training and social protection are important elements to further reduce income inequalities;
Amendment 375 #
2019/2211(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines the fact that the number of people at risk of poverty or social exclusion stands, on 2017 figures, at 113 million, or 22.5 % of the populationis declining in most Member States, and is now 5 million below the 2012 peak;
Amendment 387 #
2019/2211(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the ASGS 2020’s proposals for fostering social and regional convergence towards better living and working conditions in the EUoffer to provide tailored incentives and support for reforms and investment via Budgetary Instrument for Convergence and competitiveness and asks for the same in the framework of Convergence and Reform Instrument for the non-eurozone Member States;
Amendment 392 #
2019/2211(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights the time constraints on the current European semester process, which form an obstacle to full debate and the proper involvement in the process of civil society organisations, social partners, and even national parliaments and the EP, and contribute significantly to the lack of a sense of ownership and implementation; calls for the extension of the semester cycle to a biannual or triannual period, with the possibility of revision in case of major economic shocksnational parliaments and the EP;
Amendment 402 #
2019/2211(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Looks forward to the stronger involvement ofmonitoring by the EP and the closer involvement of national parliaments in the European Semester process and to the creation of an institutionalised dialogue with the Commission, the social partners, territories and civil society, at both EU and national level, in order to further boost the process’s democratic legitimacy;continue the dialogue with the Commission,
Amendment 415 #
2019/2211(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 3 #
2019/2210(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the Commission’s new methodology and Communication on enhancing the accession process - A credible EU perspective for the Western Balkans launched on 5 February 2020 that calls for trust, mutual confidence and clear commitments on both sides, emphasising a merit-based approach. A credible accession perspective is a key incentive and driver of reforms, aiming to transform the Western Balkans into functioning market economies, thus contributing to prosperity, predictability, dynamism and political steer;
Amendment 7 #
2019/2210(INI)
2. Recalls that the EU is the main trade partner of the Western Balkan countries and that bilateral trade doubled between 2006 and 2016; notes, howeverfurthermore, that the EU continuously runs an unsustainable steady trade surplus with the Western Balkans, counting for 9 billion euros in 2018;
Amendment 9 #
2019/2210(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes that the trade relations between the EU and the Western Balkans have grown at a progressive rate, where 64,6% of Western Balkans import originate from the EU, while 84,8% of exports head to the EU single market, which is a clear sign of deep interdependence between the two regions;
Amendment 13 #
2019/2210(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 15 #
2019/2210(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the candidate countries of the Western Balkans to shape their trade policies with third countries in light of their future EU accession, by complying with the obligations assumed under the Stabilisation and Accession Agreements;
Amendment 16 #
2019/2210(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Welcomes the WTO membership aspirations of Serbia and Bosnia and Herzegovina; calls on the Commission to provide the necessary support and assistance in helping these countries' efforts in accessing the WTO as soon as possible;
Amendment 20 #
2019/2210(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Demands strong integration efforts in order to support Western Balkan countries in promoting improvement of the rule of law, democracy and human rights and fighting against corruption so as to enhance economic competitiveness, budgetary balance and structural reform;
Amendment 27 #
2019/2210(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that the EU is the largest foreign investor in the region by investing 12,7 billion euros in foreign direct investments between 2014-2018 and emphasises the need to give the region high priority under the EU’s Connectivity Strategy;
Amendment 30 #
2019/2210(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Encourages the Commission to use existing tools and, if needed, to create new tools to boost a more dynamic trade cooperation between the EU and the Western Balkans. Having this in mind, calls on the Commission to explore possibilities of involving the business sector more closely, in order to build trust, create jobs, entrepreneurial opportunities and to improve the business and investment climate. A high-level business summit on the fringes of the May 2020 EU-Western Balkans Summit in Zagreb could serve the purpose by providing a strong voice for businesses;
Amendment 32 #
2019/2210(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Reiterates its call on the Commission to monitor the effects of its policies, including trade policy, on SMEs, as they play a vital role in international trade. Due to their size and limited resources, the costs of administrative burden affects the SMEs disproportionally, therefore the EU’s trade policy with the Western Balkans should be SME-friendly, providing user- friendly, up-to-date and practical information;
Amendment 5 #
2019/2202(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the Deep and Comprehensive Free Trade Area (DCFTA), applied since 2016, has contributed to the positive evolution of trade and to economic modernisation, has boosted foreign direct investments and has created new jobs on both sides; w. Since 2016, the trade between the EU and Ukraine has risen by 49%. Welcomes the continuous positive results achieved in bilateral trade and economic relations in 2019, with Ukrainian imports growing by 12.3 ,3% and exports by 9.7 ,7%, amounting to EUR 43.,3 billion in 2019;
Amendment 6 #
2019/2202(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes, that the EU is Ukraine’s largest trading partner, amounting for 40% of its trade in 2019, while Ukraine is the EU’s 20th trading partner, accounting for 1.1% of the EU’s total trade;
Amendment 12 #
2019/2202(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the approval and disbursement in two parts of the fourth consecutive Macro -Financial Assistance (MFA) programme of EUR 1 billion in support to Ukraine; r. By this, the EU has provided Ukraine in total with EUR 3.8 billion in MFA loans since 2014, being the largest amount of MFA the EU has disbursed to any single partner country. Recalls that the MFA has been an important tool in the implementingation of Ukraine’s ambitious reform agenda and accelerating economic growth, notably through the ‘“more for more’” approach and the conditionalities attached to it; encourages Ukraine to continue makingthe progress in regulatory approximation;
Amendment 16 #
2019/2202(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the EU’s prompt reaction to the COVID-19 crisis towards Ukraine by providing EUR 190 million to meet the most immediate health needs and to help mitigate the socio-economic impact of the COVID-19 and also by granting a new MFA programme in form of medium-term loans from which Ukraine was granted EUR 1.2 billion to cope with the consequences of the pandemic and the serious economic crisis triggered by the pandemic;
Amendment 19 #
2019/2202(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Encourages both sides to intensify cooperation on a bilateral level and also on international fora in addressing challenges caused by the COVID-19, in particular by making supply chains more resilient and diversified, also working together to address protectionist trends; notes that the EU’s objective to reach an open strategic autonomy could create possibility and opportunity for an even closer cooperation with its neighbourhood;
Amendment 22 #
2019/2202(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Welcomes the numerous reforms and regulations adopted by Ukraine in line with the DCFTA, e.g. the EU- Ukraine Sanitary and Phytosanitary Strategy as well as aligning technical regulations and procedures to those of the EU; calls on Ukraine to continue the progress in regulatory approximation by adopting the necessary legislation in order to comply with the commitments taken under DCFTA. Furthermore, highlights the importance of proper implementation and enforcement of already adopted legislation, including the timely implementation of the animal welfare rules under the SPS Strategy;
Amendment 24 #
2019/2202(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Encourages Ukraine to continue on its paths towards agricultural, environmental and social reforms in order to create appropriate business environment; emphasises that alignment with the DCFTA rules will enable parties to strengthen the cooperation and facilitate trade;
Amendment 30 #
2019/2202(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes that Ukraine has joined the Multi-party Interim Appeal Arbitration Arrangement (MPIA), thus it contributes to overcoming the deadlock caused by the paralysation of the Appellate Body (AB) and to ensuring that WTO members can benefit from a 2-step dispute settlement system in the WTO until the AB is operable again;
Amendment 33 #
2019/2202(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Acknowledges the solution found for the export of ‘“other’” cuts of poultry by amending the trade preferences for poultry meat and poultry meat preparations. However, notes with concern that Ukraine has been exploiting legal loopholes in the DCFTA; calls on Ukraine to abstain from similar practices and to fully respect and implement all provisions of the DCFTA in good faith; calls on the Commission to conduct a thorough monitoring of the use of DCFTA and use all available measures to overcome any market distortive practices;
Amendment 36 #
2019/2202(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is concerned that Ukraine is the sole European country listed by the Commission as a ‘category 2’ priority country, meaning that intellectual property rights are regularly violated, is also concerned about reports of the existence in Ukraine of an actual EU-China counterfeiting hub, facilitated in particular by the corruption of customs officials; calls on the Commission to intensify dialogue with Ukraine on the issue to avoid further harm to European businesses; expects Ukraine to ensure compliance with commitments made under the EU-Ukraine Association Agreement.;
Amendment 39 #
2019/2202(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes with concern that Ukraine recently initiated two safeguard investigations against imports of nitrogen and complex fertilizers from the EU; acknowledges that Ukraine decided to terminate both safeguard investigations at the very last minute while further safeguard investigations are in the pipeline; warns that similar actions could undermine the mutual trust between the two sides;
Amendment 43 #
2019/2202(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes that the EU launched a formal dispute settlement procedure under the EU-Ukraine Association Agreement (AA) on Ukraine’s export ban on unprocessed wood and is concerned by the slow progress on its resolution; calls on Ukraine to eliminate the trade restrictions on wood, as they are incompatible with the requirements of the EU-Ukraine AA;
Amendment 46 #
2019/2202(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission to thoroughly monitor and assess the implementation of the DCFTA, pay special attention to any infringement cases of the agreement and report back to the EP on those issues and use all these lessons learned in the revision of DCFTA due in 2021;
Amendment 47 #
2019/2202(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Notes that the EU’s economic sanctions against Russia, in response to the illegal annexation of Crimea and the deliberate destabilisation of Ukraine, has been extended until 31 January 2021 for not fully implementing the Minsk agreements;
Amendment 31 #
2019/2197(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the Common Commercial Policy, composed of trade agreements and legislative measures, should serve the objective of creating a stable, predictable and fair trading environment in which EU businesses can thrive and the interests of EU citizens are asserted;
Amendment 35 #
2019/2197(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas the Commission published on 14 October 2019 its third report on the implementation of EU free trade agreements (FTAs) that shows that in 2018, 33 percent of EU exports and 29 percent of EU imports were traded with FTA partners;
Amendment 40 #
2019/2197(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas between the years 2007 and 2017 global GDP increased with more than 70 percent; comparing the EU increase of 17 percent to other countries like the United States (60 percent), India (80 percent) and China (315 percent), the EU is falling behind in global competitiveness;
Amendment 42 #
2019/2197(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
B d. whereas world trade is expected to fall by between 13 and 32 percent in 2020 due to the effects of COVID-19; extra- EU27 exports of goods and services by 9.2 percent, and extra-EU27 imports by 8.8 percent; and the IMF expects EU GDP to decrease by 7,5 percent;
Amendment 44 #
2019/2197(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
B e. whereas in 2018, the EU had a trade surplus of €84.6 billion with FTA partners compared to its overall trade deficit of €24.6 billion;
Amendment 45 #
2019/2197(INI)
Motion for a resolution
Recital B f (new)
Recital B f (new)
B f. whereas 36 million EU jobs depend on exports outside the EU, out of which 13.7 million are occupied by women;
Amendment 46 #
2019/2197(INI)
B g. whereas according to a recent report by the European Commission exports to the EU from developing countries using special trade preferences (GSP) grew by 16.2 percent between 2016 and 2018 with an increase in its value from 158 billion euro in 2016 to 183.6 billion euro in 2018;
Amendment 49 #
2019/2197(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that significant aspects of the global context have been shifting and have proven to be unpredictable in the last two years; reiterates its support for an open, free, rules- based, predictable and fair multilateral trading system that needs to be safeguarded;
Amendment 59 #
2019/2197(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Insists that EU trade strategy must continue to promote EU interests and values when contending with new challenges worldwide in order to keep and increase the competitiveness of its industry; considers, therefore, that an ambitious multilateral and plurilateral agenda, the conclusion of win-win trade agreements and their effective implementation and the elimination of unjustified trade barriers and using the trade defence tools, when necessary, constitute the best way to make the EU more competitive in a globalised world
Amendment 71 #
2019/2197(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the increase of transparency in trade policy; welcomes the decision of the Council to publish the mandate on the negotiations of Economic Partnership Agreements with the ACP regions on 13 December 2019; expresses satisfaction with the recent efforts of the new Commission to inform the EP more regularly about the state of play of ongoing negotiations, thus making the work of the Commission more transparent, such as making available detailed reports on specialised committees under CETA and South-Korea;
Amendment 80 #
2019/2197(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that it is a critical moment for promoting multilateralism and forstering the global trading system that requires active steps and commitments from all WTO Members;
Amendment 88 #
2019/2197(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for a substantive reform of the WTO, based on modernising its rule-book in order to make it more effective by providing structural and long-term solutions; encourages WTO members to reach an ambitious and balanced agreement on the long-standing issue of fishery subsidies during the ministerial summit in Nur-Sultan, Kazakhstanconference in 2021 and send out a clear signal that the WTO is still able to deliver on its negotiating function;
Amendment 93 #
2019/2197(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to continue working closely together with like-minded WTO Members to address unfair trading practices, including intellectual property theft, forced technology transfer, industrial subsidies, distortions created by state-owned enterprises and overcapacity;
Amendment 95 #
2019/2197(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Regrets the lack of agreement in solving the blockage of the Appellate Body of the WTO, which materialised on 11 December 2019, and welcomes the initiative taken by the EU and 16 WTO Members to develop a temporary multi- party interim appeal arrangement that will allow the participating members to preserve a functioning and two-step dispute settlementsystem at the WTO in disputes among them; notes that the interim arrangement is a good step to overcome the current crisis; while encouraging a long-term solution including as many member states as possible; notes the Commission proposal for revisions to the Enforcement Regulation, commits itself to speedily find a position on the proposal;
Amendment 98 #
2019/2197(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note of the dramatic change insignificant change of direction of the US trade strategpolicy over the past three years, which is focused on bilateral trade and often legally questionableand is concerned by the increase of unilateral trade measures; takes note of the limited progress made towards implementing the joint US-EU Statement of 25 July 2018; stresses the importance of relaunching the EU-US talks on the basis of the existing negotiating mandates adopted in April 2019 by the Councilstresses the importance of relaunching the EU-US talks to resolve issues of common concern, including disputes;
Amendment 100 #
2019/2197(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note ofExpresses deep concerns about the dramatic change in the US trade strategy over the past three years, which is focused on bilateral trade and often legally questionable unilateral trade measures; takes note of the limited progress made towards implementing the joint US-EU Statement of 25 July 2018; stresses the importance of relaunching the EU-US talks on the basis of the existing negotiating mandates adopted in April 2019 by the Council; underlines that they should primarily be used to solve the pending problems caused by US actions;
Amendment 112 #
2019/2197(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that despite recent tensions in transatlantic relations, the EU should continue to work with the USA as a partner, with whom it has to find solutions to trade issues of common interestengage in efforts to restore mutual trust and close trade relations as well as to settle the present trade disputes;
Amendment 117 #
2019/2197(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Invites the Commission to find negotiated solutions with the USA, which include the issue of civil aircraft subsidies, and recalls the agreement found on the allocation of higher share in the tariff rate quota for high-quality beef with the purpose of reducing tensions in transatlantic relations while safeguarding EU interests in the agricultural sectorengage US counterparts to find ways to de- escalate transatlantic trade tensions, including to find negotiated solutions with the US on the issue of civil aircraft subsidies;
Amendment 121 #
2019/2197(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Welcomes the negotiations between the EU and USA on the mutual acceptance of results of conformity assessment. Encourages the Commission to accelerate cooperation in other areas of joint interest, too, such as standards and other non-tariff barriers in order to make trade easier, reduce bureaucratic obstacles and slash costs;
Amendment 123 #
2019/2197(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
Amendment 139 #
2019/2197(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes that, in the last report on the protection and enforcement of intellectual property rights, more than 80 percent of the seizure of counterfeit and pirated goods originate from China, both in 2018 and 2019; calls on the Commission to explore further tools to address these issues and guarantee a full protection of IPRs;
Amendment 140 #
2019/2197(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Deplores that EU companies are still facing numerous obstacles when entering the Chinese market, such as forced technology transfer and discriminatory authorisation procedures, therefore supports the Commission in its efforts to continuously address these issues with China;
Amendment 145 #
2019/2197(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Notes with concern that the implementation of the USA-China Phase I Agreement might result in discriminating EU exporting companies by China, in particular concerning market access of agricultural products and SPS authorisations. Calls on the Commission to monitor the situation and take the necessary actions to get assurances from China for a proper market access of the European products;
Amendment 149 #
Amendment 174 #
2019/2197(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Underlines that the protection of geographical indications is one of the Union’s offensive points in trade agreement negotiations and highlights the importance that EU partners are complying with provisions on the protection of geographical indications;
Amendment 194 #
2019/2197(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Stresses that those three agreements consolidates the strategic dynamic of the European Union in a key area of the world characterized by a rapid growth of population and incomes with significant opportunities for our operators; furthermore by its stronger presence the European Union could create an alternative to the Chinese domination in the area;
Amendment 196 #
2019/2197(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the entry into force of the EU-Singapore trade agreement of 21 November 2019; welcomes its consent on the EU-Vietnam agreement and calls for its quick implementationalso the swift adoption of the EU-Vietnam agreements by the EU institutions, calls on the Member States to proceed with the ratifications of the EVIPA so that together with the EVFTA they can enter into force as soon as possible; views these agreements as a step towards concluding an FTA with the entire Association of Southeast Asian Nations (ASEAN) region;
Amendment 238 #
2019/2197(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Believes that the current systemapproach already demonstrates some efficiencyallows to address issues of non- compliance with obligations, as seen in the framework of the EU-Korea FTA in which the EU has requested the establishment of a panel following South Korea’s failure to ratify International Labour Organisation (ILO) conventions on workers’ rights, notably on freedom of association and collective bargaining;
Amendment 243 #
2019/2197(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls that the early efforts of the Commission and Parliament in the trade negotiations with Mexico and Vietnam paid off with the ratification by both countries respectively in November 2018 and Julyne 2019 of the ILO Convention 98 on the right to organise and collective bargaining;
Amendment 268 #
2019/2197(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Recalls that the efforts to keep rules-based trade must play a crucial role in our trade strategy and in this context recallwelcomes the adoption on the modernisation of trade defence instruments in 2018, and the new foreign investment screening mechanism; stressunderlines that the new foreign investment screening mechanism should never be a tool for protectionismaims to cooperate, potentially restrict foreign investments in strategic sectors in a view to protect the Union and its Member States;
Amendment 278 #
2019/2197(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Calls on the Commission, while promoting free, open and rules based trade policy, to use the existing trade defence instruments when necessary and to develop new defence tools if needed in order to protect EU companies from unfair and hostile actions;
Amendment 286 #
2019/2197(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Welcomes the fact that these negotiations bring together a very large number of WTO members and calls for keeping them as open and inclusive as possible;
Amendment 292 #
2019/2197(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that SMEs account for approximately 30 % of the value of EU goods exports and more than 80% of all EU enterprises exporting goods; supports the idea that a specific chapter on SMEs should be part of all proposed FTAs, as done in the EU-Japan agreement, and that they should be included when revising existing FTAs; notes that trade barriers and bureaucracy are especially problematic for SMEs that cannot afford the extra work to overcome themburdensome for SMEs;
Amendment 293 #
2019/2197(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Reiterates its call on the Commission to monitor the effects of its trade policy on SMEs, as they play a vital role in international trade. Due to their size and limited resources, administrative costs and bureaucracy affects the SMEs disproportionally;
Amendment 295 #
2019/2197(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36 b. Calls on the Commission to help SMEs to face competition and to get access to foreign markets by providing user-friendly, up-to-date and practical information on trade policy and in particular on FTAs;
Amendment 296 #
2019/2197(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Asks the Commission, in collaboration with Member States and business, to facilitate the use and understanding of rules of origin for SMEs; reminds the Commission of its objective to launch in early 2020 a dedicated rules of origin self-assessment tool for SMEs on the Access2Market platform, whereto help companies can calculateassess whether a product can benefit from preferences under a given EU trade agreement, as expressed in the letter of 13 November 2019 from Members of Parliament’s Committee on International Train order to the former Commissioner for Trade Cecilia Malmström, in order to improvfacilitate SMEs’ utilisation rate of EU FTAs, which is lower than the averageof preferences under EU trade agreements, and so that SMEs ultimately enjoy the full benefits of trade agreements;
Amendment 301 #
2019/2197(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. Welcomes the fact that the export restrictions on PPE that were in force between 15 March and 25 May 2020 were introduced by the Commission in a targeted, proportionate, transparent and temporary way;
Amendment 306 #
2019/2197(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. strongly believes that the current COVID-19 pandemic and its consequences on trade should be thoroughly analysed and should lead to a very rigorous lesson learnt process; emphasizes that some structural dependences revealed during the crisis notably in medical sanitary and pharmaceutical sectors would lead to a deep re-assessment of European strategy in this field having in mind the need for European strategic autonomy; is of the opinion that diversification of supply chains for medical products is certainly key to enforce this autonomy but other options cannot be excluded by principle and should be pragmatically considered, such as relocation of certain activities in Europe when economically and technically feasible;
Amendment 13 #
2019/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls, moreover, on the Commission either to further enhance global cooperation on competition matters orand to ensure fair conditions for competition via bilateral trade agreements and in international forums; fully supports the Commission’s efforts in the context of the ongoing World Trade Organisation (WTO) reform to update the multilateral rules on subsidies or sectoral initiatives to adequately address subsidies at international level;
Amendment 25 #
2019/2131(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers that the possible inclusion of precise, justiciable ILO core standards under WTO law could be explored in the context of the ongoing WTO reform in order to contribute to a global level-playing field also in this regard.
Amendment 37 #
2019/2131(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to develop the influence of competition policy in the world, in particular by stepping up cooperation with the USA and China, as a global level playing field in a rule-based multilateral trading system is key for European companies;
Amendment 80 #
2019/2131(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to adopt a more favourable approach to industrial cooperation in order to foster the emergence of European leaders that are globally competitive; the strengthening of European industry should not include the relaxation of competition and should not be to the detriment of SMEs that are the major source of the European GDP; competition is the guarantor of a level playing field for our companies, i.e. that companies can grow on the basis of their merits;
Amendment 126 #
2019/2131(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
8. Calls on the Commission that in order to help SMEs cope with the greater challenges of entering new markets and enable them to compete on their own merits, EU trade and competition policy should contribute to an SME-friendly trade environment;
Amendment 144 #
2019/2131(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the buying-outwhile the concern over killer acquisitions is to be taken seriously, it may not be forgotten that the majority of start-ups by dominant players dries upare founded with the hope of an exit (acquisition by a larger firm). Serial entrepreneurship and exit strategy create a drive for innovation and, thereatens sovereignty, and calls on the Commission to reverse the burden of proof with regard to such buy- outs;fore hindering such acquisitions may ultimately not achieve its desired effect. The burden of proof shall always lie with the competition authority.
Amendment 184 #
2019/2131(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that, while intermediation platforms play a major role in access to consumers for online services, some abuse their privileged position by acting as gatekeepers; calls on the Commission to conclude its preliminary investigation into Spotify’s complaint about Apple’s anticompetitive practices and to launch a formal procedure as soon as possibleongoing investigations;
Amendment 313 #
2019/2131(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses the desire for a greater role for Parliament in determining and developing competition policy, along the lines of that played by the US Congress, which even has the power to launch investigations;.
Amendment 17 #
2019/2126(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the commitment by the Commission President-elect to turn sections of the EIB into a climate bank, and the commitments from the EIB President to increase the share of EIB financing for climate action and environmental sustainability to at least 50 % by 2025 and to align all EIB financing activities with the goals of the Paris Agreement by the end of 2020; calls on the Commission to present an ambitious new European Sustainable Investment Plan, including additional financial commitments, as soon as possible, and to fully support the EIB in its sustainability ambitions; calls on the Commission to consider the different economic situation and capacity ofthe Member States and work out some kind of preferential treatment or an extended transitional period for the Cohesion countries, so that the transition to aclimate neutral economy does not result in an unbearable burden for them;
Amendment 31 #
2019/0273(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Services and intellectual property rights account for a large and growing share of world trade and are covered by international trade agreements, including regional or bilateral Union agreements. Services and intellectual property rights should, therefore, be included in the scope of the trade policy measures available to the Union, which are currently limited to goods and public procurement. The scope of such policy should therefore be extended, after a thorough analysis, taking into account in particular the interactions among the possible additional commercial policy measures and the relevant national law of Member States.
Amendment 18 #
2019/0142M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes and acknowledges the fact that, while it remains unclear whether any compensation has been foreseen,the fact that other WTO members that export beef to the EU agreed to support this agreement by accepting that the vast majority of the quota would be allocated to the US, and acknowledges that no compensation has been provided to the other WTO members for supporting the agreement;
Amendment 28 #
2018/0358M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the EU’s new approach to investment protection and its enforcement mechanism (ICS), which has replaced the investor-to-state dispute settlement (ISDS); underlines the fact that ICS represents a modern, innovative and reformed investment resolution mechanism; notes that it marks significant change in the level of substantive protection afforded to investors and the manner in which investor-state disputes are resolved; recalls that the establishment of an independent multilateral investment court would give greater legal certainty to all parties; welcome the strong commitment of Viet Nam to the rules- based multilateral trading system;
Amendment 34 #
2018/0358M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the agreement will ensure a high level of investment protection and legal certainty while safeguarding the right of the Parties to regulate and pursue legitimate public policy objectives, such as public health and environmental protection; emphasises that the agreement will ensure transparency and accountability; welcomes the EU’s new approach to Investment Protection and its enforcement mechanism of ICS which enhances the quality of individual approaches of bilateral investment treaties concluded by EU MS;
Amendment 45 #
2018/0358M(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the transparency rules applying to proceedings before the tribunals, which include provisions guaranteeing that case documents will be publicly available, hearings will be held in public, and interested parties will be allowed to make submissions; believes that increased transparency will help to instil public trust in the system, as well as ensuring that all human rights and sustainable development aspects are effectively heard by the investment tribunals; additionally welcomes the clarity regarding the grounds on which an investor can challenge, which ensures additional transparency and fairness of the process;
Amendment 66 #
2018/0358M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the Commission to continue its work on making the ICS more accessible to small and medium-sized enterprises (SMEs); underlines the potential for growth and significant benefits that are hereby made available to European Small and Medium-sized Enterprises, considering this sector of the economy of vital interest for European prosperity and innovation;
Amendment 36 #
2018/0356M(NLE)
Motion for a resolution
Recital G
Recital G
G. whereas Vietnam is also one of the fastest-growing countries in ASEAN, with average GDP growth of around 6.51 % from 2000 until 2018; whereas Viet Nam is estimated to continue growing at similarly strong rates in the upcoming years;
Amendment 66 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that negotiations began in June 2012 and were concluded in December 2015 after 14 negotiating rounds, and regrets subsequent delays in bringing forward the agreement for signature and ratification; considers that any further delays can substantially undermine the EU’s geostrategic ambitions in the ASEAN region;
Amendment 72 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the economic and strategic importance of this agreement, as the EU and Vietnam share a common agenda and common values – to stimulate growth and employment, boost competitiveness, fight against poverty and make progress towards achieving the Sustainable Development Goals (SDGs); emphasizes the geopolitical considerations that render EU partners in the Far-East as key players to engage with, in a complex local geo-economic environment;
Amendment 104 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes that the provisions on the rules of origin included in the EVFTA follows the EU approach, and their main features are identical to those laid down in the EU's GSP as well as in the EU's trade agreement with Singapore; calls on the Commission to monitor the proper and faithful implementation of these rules, with special attention to national content and to step up against any kind of manipulation and abuse, like repackaging the products proceeding from third countries.
Amendment 105 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the fact that around 169 EU geographical indications will benefit from recognition and protection on the Vietnamese market at a comparable level to that of EU legislation, in view of the fact that Vietnam is an important export market in Asia for EU food and drink exports; underlines the potential for growth and significant benefits that are hereby made available to European Small and Medium-sized Enterprises, considering this sector of the economy of vital interest for European prosperity and innovation;
Amendment 115 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the EVFTA will help Vietnam go further in improving IPR protection, to the benefit of IPR owners and consumers, as Vietnam will accede to the World Intellectual Property Organisation (WIPO) Internet Treaties, which set standards to prevent unauthorised online access to or use of creative work, protect the rights of owners, and address the challenges that new technologies and methods of communication pose to IPR; stresses the strategic importance of standard setting capacity in a region that is witnessing tendencies of decoupling on the normative and standardization fronts; reiterates that a lack of strong regulatory frameworks could trigger a race to the bottom and a negative competition on important legal provisions; highlights that a swift ratification of the EVFTA can guarantee the highest standards of production and best quality for consumers;
Amendment 205 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges the institutional and legal link between the FTA and the PCA, which ensures that human rights are placed at the core of the EU-Vietn Nam relationship; points out that Article 1 of the PCA contains a standard human rights clause which can trigger appropriate measures, including, as a last resort, the suspension of the PCA, and implicitly of the EVFTA, or parts thereof, without delay;
Amendment 189 #
2012/0060(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) If the investigation confirms the existence of the restrictive measures or practices and the consultations with the country concerned do not lead to sufficientatisfactory corrective actions that result in improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators origin, where appropriate, should be able to adopt measures under this Regulationg in that country and/or including goods and services originating in that countrye form of a score adjustment or of exclusion of tenders ("IPI measures").
Amendment 196 #
2012/0060(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) SuchA score adjustment measures should be applied only for the purpose of the evaluation of tenders comprising goods or servicesubmitted by economic operators originating in the country concerned. To avoid circumvention of those measures, it may also be necessary to target certain foreign-controlled or owned legal persons that, although established in the European Union, are not engaged in substantive business operations that have a direct and effective link withIt should not affect the price actually due to be paid under the economy of at least one Member State . Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respondtract to be concluded with the successful tenderer.
Amendment 273 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ‘score adjustment measure’ means the relative diminution by a given percentage of the score of a tender resulting from its evaluation by a contracting authority or a contracting entity on the basis of the contract award criteria defined in the procurement documents. In cases where price or cost is the only contract award criterion, the score adjustment measure means the relative increase, for the purpose of the evaluation of tenders, by a given percentage of the price offered by a tenderer.
Amendment 335 #
2012/0060(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 430 #
2012/0060(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 440 #
2012/0060(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 6 #
2010/2074(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the increase of capital requirement should hit the speculation activity of the banking sector, the tightening of capital requirement must not lead to higher generic handling fees of loan-provisions and to equivalent rise of other banking fees incurred by SMEs and retailers. The more stringent capital requirement rules should take effect during upward trend of the economic cycle,
Amendment 17 #
2010/2074(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas it should be noted that banking sector in the Central and Eastern European countries performed well during the crisis time. However, it should also be borne in mind that the volume of the liquidity provided by parent banks to subsidiaries declined significantly after the outbreak of the crisis due to the marked increase of costs of liquidity. The impacts on the banking profitability of lower volume of lending in the current economic downturn, of the future set-up of banking resolution fund funded from the levies imposed on banks should also be duly considered upon discussing the planned restrictions in the capital- and liquidity conditions under CRD IV,
Amendment 106 #
2010/2074(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the simplification of the structure of the own capital in order to increase transparency. Accordingly, the Tier 3 class in the definition of core capital should be eliminated, whilst upper and lower division of Tier 2 class should be assimilated into a unique class. The capital instruments of savings banks and cooperatives should be recognised as eligible instruments of own capital since they dispose of the same loss-absorbance features as their banking counterparts;
Amendment 163 #
2010/2074(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls, in the event of any structural liquidity standard being set, for proper recognition of stable sources of funding specific to Europe (i.e. real-estate financing) and interbank loans between parent banks and their subsidiaries); moreover, it should be underlined that national financial authorities of the host countries should have the discretion at determining the scale of the liquidity stability of the elements of the net stable funding assets. Besides, the national authorities of the host Member States should have access to the information on liquidity situation of the branch in any case;
Amendment 178 #
2010/2074(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the attempt to identify a set of macro-economic variables in order to build efficient counter-cyclical buffers; it should be noted that if the quantity of the own capital falls short of the sum of the capital requirement and the counter- cyclical capital buffers, the supervisory authorities should be able to restrict the distribution of dividend payments, share buybacks and discretionary bonus payments to staff. The formulation of the anti-cyclical capital buffers should be based basically on the "output gap" which is the best metric of the cyclical economic performance. The introduction of counter-cyclical capital buffer is a simple and feasible approach to reduce cyclicality of the regulatory capital requirements;
Amendment 14 #
2010/2009(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the initiatives taken by the Commission and the FSB on remuneration policies in the financial sector and listed companies in general, however the financial undertaking's size, and thus it's activity's contribution to the systemic risk, should be proportionally taken into account, when posing on financial institutions additional regulation in matters of remuneration policy and capital requirements;
Amendment 18 #
2010/2006(INI)
Motion for a resolution
Recital I
Recital I
I. whereas a strict EU code of conduct for management, as well as mechanisms to deter inappropriate behaviour, are required, however, the future banking resolution arrangement should be extended to non- banking institutions, such as insurance and investment undertakings and asset management companies, as well,
Amendment 22 #
2010/2006(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas it should be noted that the asset transfer within a banking group should not endanger in any case the financial and liquidity stability of the transferor,
Amendment 25 #
2010/2006(INI)
Motion for a resolution
Recital L
Recital L
L. whereas Europe will have to build a common understanding of “"who”" should do “"what”", “"when”" and “"how”", on top of that, it should be accurately laid down what measures should apply to the banking branches domiciled in host countries in the event of crisis inof financial institutions and under which conditions,
Amendment 97 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 7
Annex – recommendation 1 – paragraph 7
7. Empower supervisors to intervene on the basis of thresholds of the supervisory rating, in full accordance withpre-defined automatic triggers capturing primarily the leverage and liquidity risks of the financial institution concerned. Besides, the early intervention mechanisms carried out by the supervisory authorities should be based upon harmonised accounting rules, and the principle of proportionality.
Amendment 119 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – indent 8 a (new)
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – indent 8 a (new)
• determination of the principles and the methodology of the re-valuation of the impaired banking assets as well as the established provisions which would be applicable upon intra-group asset transfers in the financial crisis situation.
Amendment 138 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 9 a (new)
Annex – recommendation 1 – paragraph 9 a (new)
9a. In crisis situation the application of the relevant provisions of the EU Company Law Directives should be permitted to be ignored, along which within 21 days the shareholders' general assembly is to be convened. If the shareholders do not advocate the banking resolution, the EU Company Law Directives should not prevent the relevant supervisory authorities from conferring the decision making ability of the general assembly to the designated supervisory officer in order for the urgent reorganisation measures to be put in place without requesting the approval of the general assembly.
Amendment 20 #
2010/0035(NLE)
Proposal for a regulation – amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) The Commission should consider elaborating sanctions within the framework of the Stability and Growth Pact in relation to the submission of misrepresented macro-economic statistics by Member States. The Commission should consider enforcing such sanctions against Member States that falsify the macroeconomic statistics relating to their budget deficit and government debt.
Amendment 25 #
2010/0035(NLE)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 479/2009
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
3. The methodological visits are designed to monitor the processes including the independence of the national statistical authority from the government and verify the accounts which justify the reported actual data and to draw detailed conclusions as to the quality of reported data, as defined in Article 8(1).
Amendment 123 #
2009/2203(INI)
Motion for a resolution
Paragraph 28 – point b
Paragraph 28 – point b
Amendment 142 #
2009/2203(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 20 #
2009/2174(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas only 5 % of cross-border tax claims are recovered in the European Union,
Amendment 27 #
2009/2174(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that better recovery of taxes would be possible through the more efficient implementation of existing Community and national tax legislation;
Amendment 42 #
2009/2174(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recommends the creation of an appropriate incentive system for the recovery of cross-border tax claims in order to increase the current low level of recovery of 5 %; suggests that administrations recovering tax claims on behalf of a requesting Member State should be fairly remunerated from the income arising from the collection of unpaid taxes although that income is the property of the administration of the requesting Member State;
Amendment 43 #
2009/2174(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. In regard to mutual assistance for the recovery of tax claims, duties and other measures, invites the Commission to assess the amount of cross-border tax claims of Member States to be recovered in the territory of the European Union and to set up quantifiable indicators to measure the progress in cross-border recovery over time;
Amendment 44 #
2009/2174(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that the EU should actively promote the improvement of the OECD standards, with thean aim tof makinge the automatic, multilateral exchange of information, the global standard; urges the EU, furthermore, the EU to adopt measures that prevent abuse of the ‘residence principle’ by artificial domicile and ownership schemes allowing holding companies with no activity or shell companies to shield beneficial owners from paying taxes in their country of domicile; suggests that the European Union promote the extension of automatic tax information exchange to all types of taxes in bilateral tax treaties concluded with third countries; also suggests that current double-tax treaties be revised at EU level and that undertakings be regarded as domiciled for tax purposes in the Member State in which their real economic activity takes place;
Amendment 47 #
2009/2174(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the OECD and its Member States to fully associate the Commission fully in the works of the Global Forum peer review exercise, in particular with regard to the identification of non-cooperative jurisdictions, the development of a process for evaluating compliance and the implementation of dissuasive counter- measures to promote compliance with the standardsadherence to the standards; considers that the present indicator measuring progress in the implementation of global standards is unsatisfactory; considers that the indicator in force for achieving the status of cooperating jurisdiction requires only the conclusion of 12 tax information exchange agreements, which is very low;
Amendment 53 #
2009/2174(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the introducIn order better to identify inaccurate transaction pricing and the most frequently applied tax evasion techniques, suggests that the Commission prioritise the wider application of athe common consolidated corporate tax base would eliminate, within the EU, double- taxation and transfer price issues within consolidated groupsparable profits method, thus shifting the scope of the transfer-pricing inspection from transaction to company level; points out that the comparable profits method focuses on comparing earnings between companies for each industrial sector and that a fall in the profits of a subsidiary of a multinational company which is significantly short of the sectoral average over time may be evidence of massive transfer pricing;
Amendment 57 #
2009/2174(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the EU to examine a range of options for sanctions and incentives to promote good tax governance such assuch as the possibility of a special levy on all movements to orand from non-cooperative jurisdictions, the non- recognition, within the EU, of the legal status of companies set up in non- cooperative jurisdictions and, the prohibition for EU financial institutions to establish or maintainhave subsidiaries and branches in non- cooperative jurisdictions, and the obligation of EU-domiciled financial service providers to report to the relevant tax authorities all financial transactions conducted with counterparties incorporated in tax havens;
Amendment 59 #
2009/2174(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that in order to achieve a higher level of transparency, the disclosure of accounting information in relation to tax havens should be required in companies’ annual accounts; suggests that the establishment of an EU public register, which would include all the names of individuals and undertakings that have established companies and accounts in tax havens and which would aim to unveil the true beneficiaries shielded by the offshore companies should be considered;
Amendment 58 #
2009/2173(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Suggests that the phase-out of the Temporary Community framework for State aid measures to support access to finance in the current financial and economic crisis should take into consideration the economic situation (the length of recovery and the size of the fall in GDP) of the Member State concerned;
Amendment 8 #
2009/2090(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, in response to the financial crisis, the ECB significantly enlarged liquidity provisions to banks in the euro area and took a number of non-standard measures to improve the impaired functioning of money markets; whereas similar liquidity-enhancing facilities were provided only to a certain number of Member States not in the euro area,
Amendment 16 #
2009/2090(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the ECB continued to respond to the financial crisis by assisting Member States in the euro area in maintaining and extending its liquidity provisions to credit institutions; points out that the ECB should, in future, provide access to liquidity-enhancing facilities for all credit institutions in Member States outside the euro area on an equal footing;
Amendment 161 #
2009/0144(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different Member States, the Authority should be able to settle disagreements between those competent authorities with binding effect, including within colleges of supervisors. A conciliation phase should be provided for, during which the competent authorities may reach an agreement. The Authority's competence should cover disagreements on procedural obligations in the cooperation process as well as on the intin that respect should be specified in the sectoral legislation referpretation and application of Community law in supervisory decisionsd to in Article 1(2). Existing conciliation mechanisms provided for in sectoral legislation have to be respected. In the event of inaction by the national supervisory authorities concerned, the Authority should be empowered to adopt, as a last resort, decisions directly addressed to financial market participants in areas of Community law directly applicable to them.
Amendment 274 #
2009/0144(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
Within three months of receipt of the draft standards, the Commission shall decide whether to endorse the draft standards. The Commission may extend that period by one month. The Commission may endorse the draft standards only in part or with amendments where the Community interest so requires.
Amendment 283 #
2009/0144(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
Where the Commission does not endorse the standards or endorses them in part or with amendments, it shall inform the Authority of its reasons. it shall propose reasoned modifications and send the draft standards back to the Authority. The Authority may amend the draft standards on the basis of the Commission’s proposed modifications and resubmit the draft standards to the Commission for endorsement.
Amendment 287 #
2009/0144(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4 a (new)
Article 7 – paragraph 1 – subparagraph 4 a (new)
Within one month of receipt of the amended standards, the Commission shall endorse submitted standards with the amendments suggested by the Authority or reject the standards.
Amendment 364 #
2009/0144(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas where thecases specified in legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by competent authorities from more than one Member State, the Authority, at the request of one or more of the competent authorities concerned, may assist the authorities in reaching an agreement in accordance with the procedure set out in paragraph 2.
Amendment 365 #
2009/0144(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas whereindicated in the legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by competent authorities from more than one Member State, the Authority, at the request of one or more of the competent authorities concerned, may assist the authorities in reaching an agreement in accordance with the procedure set out in paragraph 2.
Amendment 469 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges in any way on the fiscal responsibilities of Member States. The respective decision by the Authority shall state that fiscal responsibilities are not affected.
Amendment 498 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within two months, decide whether the Authority's decision is maintained or revoked.
Amendment 501 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintain the Authority's decision, or where it does not take a decision within two months, the suspension of that decision shall be immediately terminated.
Amendment 503 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6 a (new)
Article 23 – paragraph 2 – subparagraph 6 a (new)
Where the Council does not take a decision within two months, the decision shall be terminated.
Amendment 513 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 205 of the Treaty, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
Amendment 528 #
2009/0144(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The composition of the panel shall be balanced and reflect the European Union as a whole. Mandates shall be overlapping and an appropriate rotating arrangement shall apply.
Amendment 537 #
2009/0144(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
1. The Board of Supervisors shall act on the basis of qualifiedsimple majority of its members, as defined in Article 205 of the Treaty, for acts specified in Articles 7, 8 and all measures and decisions adopted under Chapter VI.
Amendment 540 #
2009/0144(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 546 #
2009/0144(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
1. The Management Board shall be composed of the Chairperson, a representative of the Commission, and fournd six members elected by the Board of Supervisors from among its members.
Amendment 547 #
2009/0144(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
1. The Management Board shall be composed of the Chairperson, a representative of the Commission, and fournd five members elected by the Board of Supervisors from among its members.
Amendment 551 #
2009/0144(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
The Executive Director and a representative of the Commission shall participate in meetings of the Management Board without the right to vote.
Amendment 594 #
2009/0144(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. The composition of the Board of Appeal shall be balanced and reflect the European Union as a whole.
Amendment 597 #
2009/0144(COD)
Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1
Article 44 – paragraph 3 – subparagraph 1
3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list proposed by the Commission, after the hearing held in the European Parliament following a public call for expression of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors.
Amendment 604 #
2009/0144(COD)
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. The Board of Appeal may, within the provisions of this Article, exercise any power which lies within either confirm the decision taken by the competence of the At authority, or it remit the case to the competent body of the Authority. That body shall be bound by the decision of the Board of Appeal.
Amendment 609 #
2009/0144(COD)
Proposal for a regulation
Article 48 – paragraph 1 – subparagraph 1 – point a
Article 48 – paragraph 1 – subparagraph 1 – point a
Amendment 165 #
2009/0143(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure efficient and effective supervision and a balanced consideration of the positions of the national supervisory authorities in different Member States, the Authority should be able to settle disagreements between those authorities with binding effect, including within colleges of supervisors. A conciliation phase should be provided for, during which the national supervisory authorities may reach an agreement. The Authority's competence should cover disagreements on procedural obligations in the cooperation process as well as on the intin that respect should be specified in the sectoral legislation referpretation and application of Community law in supervisory decisionsd to in Article 1(2). Existing conciliation mechanisms provided for in sectoral legislation have to be respected. In the event of inaction by the national supervisory authorities concerned, the Authority should be empowered to adopt, as a last resort, decisions directly addressed to financial institutions in areas of CommunityUnion law directly applicable to them.
Amendment 214 #
2009/0143(COD)
Proposal for a regulation
Article 5
Article 5
The Authority shall have its seat in Frankfurt[...].
Amendment 247 #
2009/0143(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
Within three months of receipt of the draft standards, the Commission shall decide whether to endorse the draft standards. The Commission may extend that period by one month. The Commission may endorse the draft standards only in part or with amendments where the Community interest so requires.
Amendment 249 #
2009/0143(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
Where the Commission does not endorse the standards or endorses them in part or with amendments, it shall inform the Authority of its reasons, it shall propose justified amendments and send the draft standards back to the Authority. The Authority may amend the draft standards on the basis of the Commission’s proposed amendments and may resubmit the draft standards to the Commission for endorsement.
Amendment 253 #
2009/0143(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4 a (new)
Article 7 – paragraph 1 – subparagraph 4 a (new)
Within one month of receipt of the standards amended by the Authority, the Commission shall endorse or reject them.
Amendment 340 #
2009/0143(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas wherecases specified in the legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by competent authorities from more than one Member State, the Authority, at the request of one or more of the competent authorities concerned, may assist the authorities in reaching an agreement in accordance with the procedure set out in paragraph 2.
Amendment 465 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 205 of the Treaty, shall, within two months, decide whether the Authority's decision is maintained or revoked.
Amendment 466 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintain the Authority's decision, or where it does not take a decision within two months, the suspension of that decision shall be immediately terminated.
Amendment 468 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6 a (new)
Article 23 – paragraph 2 – subparagraph 6 a (new)
Where the Council does not take a decision within two months, the decision shall be terminated.
Amendment 473 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
Amendment 483 #
2009/0143(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The composition of the panel shall be balanced and reflect the European Union as a whole. Mandates shall be overlapping and an appropriate rotating arrangement shall apply.
Amendment 490 #
2009/0143(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
The Board of Supervisors shall act on the basis of qualified majority of its members, as defined in Article 205 of the Treaty, for acts specified in Articles 7, 8 and all measures and decisions adopted under Chapter VI. All other decisions of the Board of Supervisors shall be taken by simple majority of its members.
Amendment 501 #
2009/0143(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
1. The Management Board shall be composed of the Chairperson, a representative of the Commission, and fournd six members elected by the Board of Supervisors from among its members.
Amendment 503 #
2009/0143(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
The Executive Director and a representative of the Commission shall participate in meetings of the Management Board without the right to vote.
Amendment 536 #
2009/0143(COD)
Proposal for a regulation
Article 44 – paragraph 2 – subparagraph 4 a (new)
Article 44 – paragraph 2 – subparagraph 4 a (new)
The composition of the Board of Appeal shall be balanced and reflect the European Union as a whole.
Amendment 540 #
2009/0143(COD)
Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1
Article 44 – paragraph 3 – subparagraph 1
3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list proposed by the Commission, after the hearing held in the European Parliament, following a public call for expression of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors.
Amendment 546 #
2009/0143(COD)
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. The Board of Appeal may, within the provisions of this Article, exercise any power which lies within either confirm the decision taken by the competence of the At authority, or it may remit the case to the competent body of the Authority. That body shall be bound by the decision of the Board of Appeal.
Amendment 548 #
2009/0143(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point a
Article 48 – paragraph 1 – point a
Amendment 217 #
2009/0142(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different Member States, the Authority should be able to settle disagreements between those competent authorities with binding effect, including within colleges of supervisors. A conciliation phase should be provided for, during which the competent authorities may reach an agreement. The Authority’s competence should cover disagreements on procedural obligations in the cooperation process as well as on the intin that respect should be specified in the sectoral legislation referpretation and application of Community law in supervisory decisionsd to in Article 1(2). Existing conciliation mechanisms provided for in sectoral legislation have to be respected. In the event of inaction by the national supervisory authorities concerned, the Authority should be empowered to adopt, as a last resort, decisions directly addressed to financial institutions in areas of Community law directly applicable to them.
Amendment 368 #
2009/0142(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
Within three months of receipt of the draft standards, the Commission shall decide whether to endorse the draft standards. The Commission may extend that period by one month. The Commission may endorse the draft standards only in part or with amendments where the Community interest so requires.
Amendment 377 #
2009/0142(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
Where the Commission does not endorse the standards or endorses them in part or with amendments, it shall inform the Authority of its reasonsit shall propose reasoned modifications and send the draft standards back to the Authority. The Authority may amend the draft standards on the basis of the Commission’s proposed modifications and resubmit the draft standards to the Commission for endorsement.
Amendment 492 #
2009/0142(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas wherecases specified in the legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by competent authorities from more than one Member State, the Authority, at the request of one or more of the competent authorities concerned, may assist the authorities in reaching an agreement in accordance with the procedure set out in paragraph 2.
Amendment 493 #
2009/0142(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 620 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges in any way on the fiscal responsibilities of Member States. The respective decision by the Authority shall state that fiscal responsibilities are not affected.
Amendment 633 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 205 of the Treaty, shall, within two months, decide whether the Authority's decision is maintained or revoked.
Amendment 636 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintain the Authority's decision, or where it does not take a decision within two months, the suspension of that decision shall be immediately terminated.
Amendment 638 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6 a (new)
Article 23 – paragraph 2 – subparagraph 6 a (new)
Where the Council does not take a decision within two months, the decision shall be terminated .
Amendment 644 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 205 of the Treaty, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
Amendment 661 #
2009/0142(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The composition of the panel shall be balanced and reflect the European Union as a whole. Mandates shall be overlapping and an appropriate rotating arrangement shall apply.
Amendment 671 #
2009/0142(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
1. The Board of Supervisors shall act on the basis of qualifiedsimple majority of its members, as defined in Article 205 of the Treaty, for acts specified in Articles 7, 8 and all measures and decisions adopted under Chapter VI.
Amendment 677 #
2009/0142(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 687 #
2009/0142(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
1. The Management Board shall be composed of the Chairperson, a representative of the Commission, and fourive members elected by the Board of Supervisors from among its members.
Amendment 688 #
2009/0142(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
1. The Management Board shall be composed of the Chairperson, a representative of the Commission, and fournd six members elected by the Board of Supervisors from among its members.
Amendment 690 #
2009/0142(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
The Executive Director and a representative of the Commission shall participate in meetings of the Management Board without the right to vote.
Amendment 751 #
2009/0142(COD)
Proposal for a regulation
Article 44 – paragraph 2 – subparagraph 4 a (new)
Article 44 – paragraph 2 – subparagraph 4 a (new)
The composition of the Board of Appeal shall be balanced and reflect the European Union as a whole.
Amendment 754 #
2009/0142(COD)
Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1
Article 44 – paragraph 3 – subparagraph 1
3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list proposed by the Commission after the hearing held in the European Parliament, following a public call for expression of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors.
Amendment 762 #
2009/0142(COD)
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. The Board of Appeal may, within the provisions of this Article, exercise any power which lies within either confirm the decision taken by the competence of the At authority, or it may remit the case to the competent body of the Authority. That body shall be bound by the decision of the Board of Appeal.
Amendment 764 #
2009/0142(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point a
Article 48 – paragraph 1 – point a
Amendment 767 #
2009/0142(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point b
Article 48 – paragraph 1 – point b
(b) a subsidyfunding from the Community, entered in the General Budget of the European Union (Commission Section);
Amendment 92 #
2009/0140(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The ESRB should, where appropriate, issue warnings and recommendations of a general nature concerning the Community as a whole, individual Member States or groups of Member States, with a specified timeline for the relevant policy response. Where such warnings or recommendations are addressed to individual or a group of Member States, the ESRB should also propose appropriate support measures that could, for example, be provided by the European System of Central Banks.
Amendment 127 #
2009/0140(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) propose appropriate support measures to reinforce suggested remedial action;
Amendment 168 #
2009/0140(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) fivetwo other members of the General Board who are also members of the General Council of the ECB, representing euro and non-euro area Member States. They shall be elected by and from among the Members of the General Board who are also members of the General Council of the ECB for a period of two years.;
Amendment 207 #
2009/0140(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Before requesting information in accordance with paragraph 3 and 4, the ESRB shall duly consult the relevant European Supervisory Authority in order to ensure that the request is proportionate. The additional obligation of data provision incurred by financial institutions at the request of the ESRB should not lead to any disproportionate increase in administrative burdens.
Amendment 212 #
2009/0140(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. When significant risks to the achievement of the objective in aArticle 3(1) are identified, the ESRB shall provide warnings and, where appropriate, issue recommendations for remedial action including, where it deems necessary, for legislative initiatives and suggest support measures that are appropriate for a particular case.
Amendment 216 #
2009/0140(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The addressees of the recommendations and notifications issued by the ESRB may be financial institutions in the Union, the ECB and national central banks.
Amendment 235 #
2009/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The addressees of warnings and recommendations released by European Systemic Risk Board should be provided with the rights of making public its views and reasoning as well in response to the warning and recommendation published by the ESRB.
Amendment 23 #
2009/0139(CNS)
Proposal for a directive – amending act
Article 2 a (new)
Article 2 a (new)
Article 2a Member States that decide to introduce the reverse-charge mechanism to certain categories of goods and service provided for in Annex VIA may establish a threshold above which VAT is to be charged reversely to the categories concerned.
Amendment 25 #
2009/0139(CNS)
Proposal for a directive – amending act
Annex
Annex
Directive 2006/112/EC
Annex VIA – point 4 a (new)
Annex VIA – point 4 a (new)
(4a) personal computers and related information technology products.
Amendment 122 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/71/EC
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) securities offered, allotted or to be allotted to existing or former directors or employees by their employer, which has securities already admitted to trading on a regulated market or on a multilateral trading facility as defined in Article 4(1)(15) of Directive 2004/39/EC or by an affiliated undertaking, provided that a document is made available containing information on the number and nature of the securities and the reasons for and details of the offer . Point (e) shall also apply to a company that has securities admitted to trading on a third-country market provided that adequate information, including the document referred to above, is available in a language customary in the sphere of international finance and that the Commission has adopted an equivalence decision regarding the third-country market concerned.
Amendment 130 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/71/EC
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
The prospectus shall contain information concerning the issuer and the securities to be offered to the public or to be admitted to trading on a regulated market. It shall also include a summary. The summary shall, in a brief manner and in non-technical language, convey the essential characteristics and risks associated with the issuer, any guarantor and the securities, in the language in which the prospectus was originally drawn up. The format and content of the summary of the prospectus shall provide key information in order to enable investors to take informed investment decisprovide key information in the language in which the prospectus was originally drawn up. The summary shall be drawn up in a common format and include informations and to compare the securitiesllowing for comparison with other relevant investment products. The summary shall also contain a warning that:
Amendment 30 #
2009/0118(CNS)
Proposal for a regulation
Article 34 – paragraph 3 a (new)
Article 34 – paragraph 3 a (new)
In order to investigate the VAT frauds with more efficiency in the Union, an incentive mechanism shall be designed for the recovery of cross-border tax claims by distributing a fair proportion of the collected unpaid VAT between the Member State recovering the tax claims and the requesting Member State.
Amendment 13 #
2009/0108(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) To strengthen the solidarity between Member States in the case of a CommunityUnion Emergency and in particular to support Member States which are exposed to less favourable geographical or geological conditions, Member States should devise specific measures to exercise solidarity, as provided for in the Treaty on the Functioning of the European Union, including measures such as commercial agreements between natural gas undertakings, compensation mechanisms, increased gas exports or increased releases from storages. Solidarity measures may be particularly appropriate between Member States for which the Commission recommends the establishment of joint preventive actions plans or emergency plans at regional level.
Amendment 15 #
2009/0108(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas, and setting up exceptional measures to be implemented where the market cannot deliver the required gas supply, by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the Member States and the CommunityUnion regarding both preventive action and the reaction to concrete disruptions of supply in a spirit of solidarity between the Member States.
Amendment 30 #
2009/0108(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Preventive Action Plan shall take into account cost efficiency, economic effectiveness, effects on the functioning of the internal energy market and environmental impact.
Amendment 60 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point 3
Article 9 – paragraph 2 – point 3
(3) Emergency level (Emergency): when an exceptionally high demand occurs or when there is a disruption of the supply through or from the largest infrastructure or source andor there is a credible risk that the supply standard to the protected customers can no longer be met with market based instruments alone.
Amendment 63 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The Commission shall verify within one weekthree days whether the declaration of an Emergency is justifiedfulfils the criteria indicated in paragraph 2 and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market. The Commission may, in particular, ask the Competent Authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of Emergency if the Commission considers it not or no longer justified.
Amendment 65 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission may declare a CommunityUnion Emergency at the request of one Competent Authority or whenre the CommunityUnion is losesing more than 10% of its daily gas import from third countries – which amounts to the daily consumption of certain Member States – as calculated by ENTSO-G. It shall declare a CommunityUnion Emergency where more than one Competent Authority has declared Emergency following the verification in accordance with Article 9(6). It may declare a CommunityUnion Emergency for specifically affected geographical regions comprising more than one Member State.
Amendment 69 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. Where the Commission considers that in the case of a Union Emergency, the actions taken by the Competent Authority or natural gas undertakings are insufficient , the Commission may implement directly the measures listed in Annexes II and III in order to restore the gas supply to the affected markets.
Amendment 19 #
2009/0096(COD)
Proposal for a decision
Article 2
Article 2
Amendment 20 #
2009/0096(COD)
Proposal for a decision
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The largest portion of the financial contribution shall be allocated under Article 2(a).
Amendment 21 #
2009/0096(COD)
Proposal for a decision
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall carry out interim and final evaluations at its own initiative and in close cooperation with the international financial institutions referred to in Article 5(2). The interim evaluation shall be completed fourtwo years after the start of the Facility and the final evaluation at the latest one year after the end of the mandate(s) given to the international financial institutions referred to in Article 5(2). The final evaluation shall, in particular, examine the extent to which the Facility as a whole has achieved its objectives and, if appropriate, make a proposal to increase the efficiency of the implementation of actions by the Facility, also drawing on the experience of related programmes such as JEREMIE.
Amendment 188 #
2009/0064(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to avoid imposing excessive or disproportionate requirements on small and medium-sized AIFs as well as to prevent AIFM from being domiciled in third countries for the purposes of regulatory arbitrage, this Directive provides for an exemption for AIFM where the cumulative AIF under management fall below a threshold of EUR 100 million. The activities of the AIFM concerned are unlikely to have significant consequences for financial stability or market efficiency. For AIFM which only manage unleveraged AIF and do not grant investors redemption rights during a period of five years a specific threshold of EUR 500 million applies. This specific threshold is justified by the fact that managers of unleveraged funds, specialised in long term investments, are even less likely to cause systemic risks. Furthermore, the five years lock-up of investors eliminates liquidity risks. AIFM which are exempt from this Directive should continue to be subject to any relevant national legislation. They should however be allowed to be treated as AIFM subject to the opt-in procedure foreseen by this Directive.
Amendment 243 #
2009/0064(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Liquidity problems brought about by certain AIF employing high leverage in their investment strategies as well as its spillover effects have contributed to the build-up of the financial systemic risk. This concern is of particular relevance for open-ended investment funds where an eventual investors’ run against a fund could easily contaminate the exposure of the other market participants in the particular sector.
Amendment 449 #
2009/0064(COD)
Proposal for a directive
Article 3 – point b
Article 3 – point b
(b) ‘manager of alternative investment funds ‘’ or AIFM means any legal or natural person whose regular business is to manage one or several AIFperson that manages one or several AIF and is responsible for the compliance with the requirements of this Directive and which, depending on the legal form of the AIF, can be either the AIF itself or an external entity;
Amendment 1031 #
2009/0064(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. An AIFM shall, for each of the AIF it manages, make available an annual report for each financial year. The annual report shall be made available to investors and competent authorities no later than four months following the end of the financial year or, in circumstances where information is required from third parties, such as the audit of any underlying investments of the AIF, no later than six months following the end of the financial year.
Amendment 1065 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) a description of the investment strategy and objectives of the AIF, all the types of assets which the AIF can invest in and of the techniques it may employ and of all associated risks, any applicable investment restrictions, the circumstances in which the AIF may use leverage, the types and sources of leverage permitted and the associated risks and of any restrictions to the use of leverage;
Amendment 1084 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point h
Article 20 – paragraph 1 – point h
(h) a description of all fees, charges and expenses and of the maximum amounts thereof which are directly or indirectly borne by investors;
Amendment 1090 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point i
Article 20 – paragraph 1 – point i
(i) whenever an investor obtains a preferential treatment or the right to obtain preferential treatment, the identity of the investor and a description of that preferential treatment, and whether there is any connection between the AIFM and that investor;
Amendment 1097 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point j
Article 20 – paragraph 1 – point j
(j) the latest annual report if there is such a report in relation to the AIF.
Amendment 1166 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 3 – point a
Article 21 – paragraph 3 – point a
(a) an annual report of each AIF managed by the AIFM for each financial year, within four months from the end of the periods to which it relates or, in circumstances where information is required from third parties (such as the audit of any underlying investments of the AIF), no later than six months from the end of the financial year;
Amendment 1259 #
2009/0064(COD)
Proposal for a directive
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. The Commission has a discretion to set the limit of the aggregated systemic risk stemming from the activity of AIF employing high leverage on the advice of the ESRB. The aggregated systemic risk indicator should be set in a formula and continuously monitored over time.
Amendment 1287 #
2009/0064(COD)
Proposal for a directive
Article 26
Article 26
Amendment 1335 #
2009/0064(COD)
Proposal for a directive
Article 28
Article 28
Amendment 1390 #
2009/0064(COD)
Proposal for a directive
Article 29
Article 29
Amendment 1524 #
2009/0064(COD)
Proposal for a directive
Article 36
Article 36
Amendment 1534 #
2009/0064(COD)
Proposal for a directive
Article 37
Article 37
Amendment 1544 #
2009/0064(COD)
Proposal for a directive
Article 38
Article 38
Amendment 11 #
2009/0035(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 78/660/EEC
Article 1a – paragraph 1 – introductory part
Article 1a – paragraph 1 – introductory part
1. Member States may provide for an exemp derogation from the obligations under this Directive for companies which on their balance sheet dates do not exceed the limits of two of the three following criteria:
Amendment 13 #
2009/0035(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 78/660/EEC
Article 1a – paragraph 1 a (new)
Article 1a – paragraph 1 a (new)
1a. Member States may provide for lower limits for the criteria set out in paragraph 1. In the event that a Member State provides such lower limits, the companies concerned shall comply with a simplified annual accounting regime. The Commission shall elaborate a simplified annual accounting regime by 31 December 2010.
Amendment 18 #
2009/0035(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 78/660/EEC
Article 1a – paragraph 2 – subparagraph 1
Article 1a – paragraph 2 – subparagraph 1
2. Where on its balance sheet date, a company exceeds the limits of two of the three criteria set out in paragraph 1 a in two consecutive financial years that company may no longer benefit from the exempderogation referred to in that paragraph.
Amendment 23 #
2009/0035(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 78/660/EEC
Article 1a – paragraph 2 – subparagraph 2
Article 1a – paragraph 2 – subparagraph 2
Where on its balance sheet date, a company has ceased to exceed the limits of two of the three criteria set out in paragraph 1a, it may benefit from the exempderogation referred to in that paragraph, provided that it has not exceeded those limits in two consecutive financial years.
Amendment 14 #
2009/0009(CNS)
Proposal for a directive – amending act
Article 1 – point 25
Article 1 – point 25
Directive 2006/112/EC
Articles 233, 234, 235 and 237
Articles 233, 234, 235 and 237
(25) Articles 233, 234, 235 and 237 are deleted.
Amendment 11 #
2009/0007(CNS)
Proposal for a directive
Article 28 a (new)
Article 28 a (new)
Amendment 29 #
2009/0004(CNS)
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The Commission shall adopt, in accordance with the procedure referred to in Article 24(2), within two years of the entry into force of this Directive:
Amendment 30 #
2009/0004(CNS)
Proposal for a directive
Article 8 – paragraph 2 – point e a (new)
Article 8 – paragraph 2 – point e a (new)
(ea) the limit in each income category above which the information exchange should be carried out.