Activities of Richard SULÍK related to 2018/0231(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Programme for single market, competitiveness of enterprises, including small and medium-sized enterprises, and European statistics and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014, (EU) No 258/2014, (EU) No 652/2014 and (EU) 2017/826 PDF (727 KB) DOC (334 KB)
Amendments (40)
Amendment 43 #
Proposal for a regulation
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The European Parliament rejects [the Commission proposal].
Amendment 46 #
Proposal for a regulation
Recital 1
Recital 1
(1) The internal market is a cornerstone of the Union. Since its inception, it has proved a major contributor to growth, competitiveness and employment. It has generated new opportunities and economies of scale for European businesses, notably micro, small and medium sized enterprises (SMEs), and strengthened their industrial competitiveness. The internal market contributed to the creation of jobs and offered greater choice at lower prices for consumers. It continues to be an engine for building a stronger, more balanced and fairer economymore integrated, more efficient market. It is one of the Union's major achievements and its best asset in an increasingly global world.
Amendment 53 #
Proposal for a regulation
Recital 3
Recital 3
(3) The substantial body of Union legislation underpins the functioning of the internal market. This concerns, in particular, competitiveness, standardisation, mutual recognition, consumer protection, market surveillance and food chain regulation but also rules concerning business, trade and financial transactions and the promotion of fair competition providing for a level playing field essential for the functioning of the internal market.
Amendment 60 #
Proposal for a regulation
Recital 5
Recital 5
(5) Several programmes for Union action exist currently in the fields of competitiveness of enterprises including SMEs, consumer protection, customers and end-users in financial services, policy making in financial services and food chain. Some additional activities are financed directly under the internal market budget lines. It is necessary to streamline and exploit synergies between various actions and provide for a more flexible and agile framework to finance activities aiming to achieve a well-functioning internal market in the most cost-efficient manner. It is therefore necessary to establish a new programme bringing together activities financed previously under those other programmes and other relevant budget lines. The programme should also include new initiatives which aim to improve the functioning of the internal market, but it should avoid duplication with related Union programmes and actions.
Amendment 65 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Programme should support the design, implementation and enforcement of Union legislation underpinning the proper functioning of the internal market. The Programme should support the creation of the right conditions to empower all actors of the internal market: businesses, citizens including consumers, civil society and public authorities. To that end, the Programme should aim to ensure the competitiveness of businesses, notably SMEs, but also supporting the enforcement of consumer protection and safety rules and by raising the awareness of businesses and individuals by providing them with the right tools, knowledge and competence to make informed decisions and strengthen their participation in Union’s policy- making. Furthermore, the Programme should aim to enhance regulatory and administrative cooperation, notably through exchange of best practices, building of knowledge and competence bases, including the use of strategic public procurement. The Programme should also aim to support the development of high- quality international standards that underpin the implementation of Union legislation. This also includes standard setting in the field of financial reporting and audit, thereby contributing to the transparency and well-functioning of the Union’s capital markets and to enhancing investor protection. The Programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement. The objective of the Programme should also be to support the implementation and enforcement of Union legislation providing for a high level of health for humans, animals and plants along the food chain and the improvement of the welfare of animals.
Amendment 69 #
Proposal for a regulation
Recital 9
Recital 9
(9) A modern internal market should promotes competition and benefits consumers, businesses and employees. Making better use of the ever evolving internal market in services should help European businesses create jobs and grow across borders, offer wider choice of services at better prices, and maintain high standards for consumers and workers. To achieve this, the Programme should contribute to the removal of remaining barriers, and to ensure a regulatory framework that can accommodate new innovative business models and is not a barrier to innovation.
Amendment 77 #
Proposal for a regulation
Recital 10
Recital 10
(10) Regulatory obstacles in the internal market have been removed for many industrial products through prevention mechanisms, the adoption of common rules and, where no such Union rules exist, through the principle of mutual recognition. In areas where no Union legislation exists, the principle of mutual recognition means that goods that are lawfully marketed in one Member State enjoy the right to free movement and can be sold in another Member State. However, inadequate application of mutual recognition makes it harder for companies to access markets in other Member States. Despite the high degree of market integration in the area of goods, this leads to lost opportunities for the economy at large. The Programme should therefore aim to improve the application of mutual recognition in the area of goods and to reduce the number of illegal and non- compliant goods entering the market, including by improving controls and enforcing existing legislation by national authorities.
Amendment 81 #
Proposal for a regulation
Recital 12
Recital 12
(12) Placing on the market of products that are not compliant with Union law puts those who comply at disadvantage and may endanger consumers. Many entrepreneurs disregard the rules either through lack of knowledge or intentionally to gain a competitive advantage. Market surveillance authorities are often underfunded and constrained by national boundaries, while entrepreneurs trade at Union or even global level. In particular, in the case of e- commerce, market surveillance authorities have great difficulties in tracing non- compliant products imported from third countries and identifying the responsible entity within their jurisdiction. The Programme should therefore seek to strengthen product compliance by providing the right incentives to entrepreneurs, intensifying compliance checks and promoting closer cross-border cooperation among enforcement authorities. The Programme should also contribute to the consolidation of the existing framework for market surveillance activities, encourage joint actions of market surveillance authorities from different Member States, improve the exchange of information and promote convergence and closer integration of market surveillance activities.
Amendment 97 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to meet the objectives of the Programme and to facilitate the lives of citizens and businesses, high-quality user- centric public services need to be put in place. This implies that public administrations will need to start working in new ways,, more innovative ways, in order to bring down silos between the different parts of their administrations, and to engage in the co-creation of these public services, including in collaboration with citizens and businesses. Moreover, the continuous and steady increase of cross- border activities in the internal market requires from Member States provision of up-to- date and truthful information on the rights of businesses and citizens, but also information explaining the administrative formalities. In addition, provision of legal advice and helping to solve problems which occur at cross national level becomes essential. Furthermore, connecting national administrations in a simple and efficient manner as well as evaluating how the internal market works on the ground is necessary. The Programme should therefore support the following existing internal market governance tools: the Your Europe Portal which should be a backbone of the upcoming Single Digital Gateway, Your Europe Advice, SOLVIT, the Internal Market Information system and the Single Market Scoreboard in order to improve citizens' daily lives and businesses' ability to trade across borders.
Amendment 123 #
Proposal for a regulation
Recital 37
Recital 37
(37) The Programme should aim to raise the awareness of consumers, businesses, civil society and authorities on Union consumer and safety laws and to empower consumers and their representative organisations at national level and at the Union level notably by supporting the Bureau Européen des Unions de Consommateurs (BEUC) which is the long established and recognised NGO representing consumer interests in relation to all relevant Union policies, and the European Association for the Co- ordination of Consumer Representation in Standardisation (ANEC) which represents consumers interest in relation to standardisation issueconsumer organisations. In doing so, particular attention should be given to new market needs regarding the promotion of sustainable consumption and the prevention of vulnerabilities as well as challenges created by the digitisation of the economy or the development of new consumption patterns and business models. The Programme should support the development of relevant information on markets, policy challenges, emerging issues and behaviours, and the publication of the Union consumer scoreboards.
Amendment 134 #
Proposal for a regulation
Recital 45
Recital 45
(45) The general objective of Union law in the food chain area is to contribute to a high level of health for humans, animals and plants along the food chain, to support the improvement of the welfare of animals, to contribute to a high level of protection and information for consumers and a high level of protection of the environment, including the preservation of biodiversity, while improving the sustainability of European food and feed productions, increasing quality standards across the Union, enhancing the competitiveness of the Union food and feed industry and favouring the creation of jobs. In order to avoid duplication with related Union programmes and actions, and in view of the fact that animal welfare, combating food waste and the sustainable use of pesticides form part of the new objectives of the common agricultural policy, they do not fall within the scope of this Regulation.
Amendment 138 #
Proposal for a regulation
Recital 46
Recital 46
(46) Considering the specific nature of the actions concerning a high level of health for humans, animals and plants along the food chain special eligibility criteria concerning provision of grants and use of public procurement need to be provided in this Regulation. In particular, by way of derogation from Regulation (EU, Euratom) of the European Parliament and of the Council61 (the ‘Financial Regulation’), as an exception to the principle of non-retroactivity, the costs for the emergency measures, due to their urgent and unforeseeable nature, should be eligible and include also costs incurred as a result of a suspected occurrence of a disease or pest provided that that occurrence is subsequently confirmed and notified to the Commission. The corresponding budgetary commitments and the payment of eligible expenditure should be made by the Commission, after signature of the legal commitments and after assessment of the payment applications submitted by the Member States. Costs should also be eligible for protection measures taken in the case of a direct threat to the status of health in the Union as a result of the occurrence or development, in the territory of a third country, a Member State or overseas countries and territories, of certain animal diseases and zoonoses as well as in respect of protection measures, or other relevant activities, taken in support of the health status of plants in the Union. _________________ 61 [to add]Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012
Amendment 142 #
Proposal for a regulation
Recital 47
Recital 47
(47) Official controls carried out by the Member States are an essential tool for verifying and monitoring that relevant Union requirements are being implemented, complied with and enforced. The effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans, animals and plants along the food chain whilst ensuring a high level of protection of the environment and of animal welfare. Union financial support should be made available for such control measures. In particular, a financial contribution should be available to Union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the Commission. Moreover, since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of Union law, the Union should be able to contribute to their training and relevant exchange programmes organised by competent authorities. These control measures should preferably be financed from the budget of the Member States.
Amendment 146 #
Proposal for a regulation
Recital 64
Recital 64
(64) The Programme should promote synergies, while avoiding duplication with related Union programmes and actions. The actions under this Programme should be complementary to those of the Customs and Fiscalis Programmes established by Regulation (EU) […] of the European Parliament and of the Council67 and Regulation (EU) […] of the European Parliament and of the Council68 which also aim at supporting and improving the functioning of the internal market. _________________ 67 68COM(2018) 442 final COM(2018) 442 final 68 COM(2018) 443 final COM(2018) 443 final
Amendment 148 #
Proposal for a regulation
Recital 72
Recital 72
(72) The implementing powers should be conferred on the Commission in respect of the setting of ‘EU added value test’ criteria, determining the effectiveness of funds spend, and the adoption of work programmes implementing the actions contributing to a high level of health for humans, animals and plants along the food chain. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council79. _________________ 79 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 149 #
Proposal for a regulation
Recital 73
Recital 73
(73) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, the added value to the Union and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.
Amendment 158 #
Proposal for a regulation
Recital 85 a (new)
Recital 85 a (new)
(85a) The interim and final evaluation reports of the programme will, in particular, contain detailed and accurate information on achieving the objectives and specific objectives, eligible actions and indicators of the programme and the fulfilment of added value criteria for projects for the Union, and information on synergies with other Union programmes and actions, combined financing operations and difficulties encountered when implementing the programme. At the same time, the Commission will draw up and publish a database of all projects financed or co- financed from the programme containing freely extractable data, indicating the recipient of the funds, the Member State or other country from which the beneficiary comes, the amounts actually granted to the beneficiary from the programme, and a brief description of the project.
Amendment 160 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the programme for improving the functioning of the internal market, improving and streamlining the enforcement of Union legislation, and promoting standardisation, consumer protection and the competitiveness of enterprises, includingwith a focus on micro, small and medium-sized enterprises and the framework for financing of development, production and dissemination of European statistics within the meaning of Article 13 of Regulation (EC) No 223/2009 (the 'Programme').
Amendment 163 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. 'legal entity' means any natural or legal person created and recognised as such under national law, Union law or international law, which has legal personality and which may, acting in its own name, exercise rights and be subject to obligations, or an entity without a legal personality in accordance with Article 197(2)(c) of Regulation (EU, Euratom) No 2018/1046 of the European Parliament and of the Council (the 'Financial Regulation');
Amendment 164 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to improve the functioning of the internal market, with an emphasis on actual demand, especially to protect andby empowering citizens, consumers and businesses, in particular micro, small and medium-sized enterprises (SMEs), by enforcement ofing Union law, facilitation of market access, standard setting,ng market access, improving and streamlining the process of mutual recognition of professional qualifications, removing barriers that remain to providing cross-border services and job mobility, reducing and preventing national barriers to market entry, standards, by ensuring a uniform and high level of consumer protection, raising awareness about the Single Market Union law and by promoting human, animal and plant health and animal welfare; as well as to enhance cooperation between the competent authorities of Member States and between the competent authorities of Member States and the Commission and the decentralised Union agencies;
Amendment 172 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) making the internal market more effective, facilitating the prevention and removal of obstacles, supporting the development, implementation and enforceproviding reliable and comprehensive data as a basis for the development of the Union law in the areas of the internal market for goods and services and its implementation and enforcement, public procurement, market surveillance as well as in the areas of company law and contract and extra- contractual law, anti-money laundering, free movement of capital, financial services and competition, including the development of governance tools;
Amendment 187 #
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) contributing to a high level of health for humans, animals and plants along the food chain and in related areas, including by preventing and eradicating diseases and pests, and to support the improvement of the welfare of animals as well as a sustainable food production anfood consumption;
Amendment 198 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Resources allocated to a Member States under shared management mayare, at theirits request, be transferred to the Programme. The Commission shall implement those resources directly in accordance with point (a) of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that Article. Where possible those resources shall be used for the benefit of the Member State concerned.
Amendment 201 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) creation of the right and easily applicable conditions to empowefor all actors of the internal market, including businesses, citizens and consumers, civil society and public authorities through transparent information and awareness raising campaigns, best practice and innovative solutions exchange, promotion of good practices, exchange and dissemination of expertise and knowledge and organization of trainings;
Amendment 206 #
Proposal for a regulation
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
(aa) setting up appropriate initiatives to facilitate market access for new players, and measures aimed at removing remaining barriers to the provision of cross-border services and job mobility;
Amendment 207 #
Proposal for a regulation
Article 8 – paragraph 2 – point a b (new)
Article 8 – paragraph 2 – point a b (new)
(ab) promoting an effective, transparent and predictable system of mutual recognition for professional qualifications for access to a regulated profession and the exercise of a regulated profession;
Amendment 208 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) provision of mechanisms for citizens, consumers, end-users, civil society and, businesses representatives from the Union, and professional organisations bringing together representatives of regulated professions, to contribute to political discussions, policies and decision making process, notably by supporting the functioning of representative organisations at national and the Union level;
Amendment 213 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) support for the effective enforcement by Member States and modernisation of the Union legal framework and its rapid adaptation to the ever-changing environment, including through data gathering and analyses; studies, evaluations and policy recommendations; organization of demonstration activities and pilot projects; communication activities; development of dedicated IT tools ensuring transparent and efficient functioning of the internal market.
Amendment 228 #
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) for actions implementing the specific objective referred to in Article 3(2)(d)(i) in relation to the representation of consumers interest at the Union level, Bureau Européen des Unions de Consommateurs (BEUC) and European Association for the Coordination of Consumer Representation in Standardisation (ANEC)consumer associations and the competent authority under Article 3(6) of Regulation No 2017/2394 of the European Parliament and of the Council 1a provided they have no conflicting interests and represent through its members the interests of Union consumers in at least two thirds of the Member States; _________________ 1a Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004
Amendment 230 #
Proposal for a regulation
Article 11 – title
Article 11 – title
11 Evaluation and award criteriacommittee
Amendment 240 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. The work programme must also contain a description of the expected results, appropriate indicators for achieving the objectives, and a justification of the added value from the Union perspective.
Amendment 242 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. The Commission is empowered, in accordance with Article 20, to adopt delegated acts with a view to establishing criteria for the evaluation of project proposals in the light of the added value of the project from the Union's perspective, and criteria for assessing the effectiveness of funds spent.
Amendment 244 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but no later than fourthree years after the start of the Programme implementation.
Amendment 248 #
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5 a. In the interim and final evaluation reports, the Commission will also report on the fulfilment of the criteria on the effectiveness of the funds used, and on the criteria on the added value of the project from the perspective of the Union.
Amendment 253 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 9 and 17(2) and (3) shall be conferred on the Commission until 31 December 2028.
Amendment 255 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The delegation of power referred to in Articles 9 and 17(2) and (3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 257 #
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. A delegated act adopted pursuant to Articles 9 and 17(2) and (3) shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 263 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the transparency and visibility of the Union funding (in particular when promoting the actions and their results), by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
Amendment 269 #
Proposal for a regulation
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Amendment 275 #
— providing timely and relevant data for the needs of the Ccommon Aagricultural Ppolicy, Ccommon Ffisheries policy and policies related to the environment, and food security and animal welfare.