31 Amendments of Luke Ming FLANAGAN related to 2018/0231(COD)
Amendment 14 #
Proposal for a regulation
Recital 1
Recital 1
(1) The internal market is athe 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 economy. It is one of the Union's major achievements and its best asset in an increasingly global world.
Amendment 16 #
Proposal for a regulation
Recital 4
Recital 4
(4) Still, barriers to the proper functioning of the internal market remain and the new obstacles emerge. Adopting rules is only a first step, but making them work isimplementing those rules fully and fairly is just as important. This is ultimately a matter of citizens' trust in the Union, in its capacity to deliver, and in its ability to create jobs and growthsustainable growth and meaningful jobs that comply with all current Union labour rights and legislation, while protecting the public interest.
Amendment 21 #
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.
Amendment 25 #
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 ehave the following aims: (1) Ensure the competitiveness of businesses, notably SMEs, but also s; (2) 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 e; (3) 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 s; (4) 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-proper functioning of the Union’s capital markets and to enhancing investor protection. The Programme should s; (5) Support rulemaking and standard- setting also by ensuring the broadest possible stakeholder involvement. The objective of the Programme should also be to s; (6) 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 28 #
Proposal for a regulation
Recital 9
Recital 9
(9) A modern internal market promotes competition and benefitsshould benefit producers, consumers, businesses and employees. Making better use of the ever -evolving internal market in services should help European businesses create jobsmeaningful jobs that comply with all existing Union labour rights and legislation, and grow across borders, offering wider choice of services at better prices, and maintaining high standards for producers, consumers and workers. To achieve this, the Programme should contribute to the removal of any remaining barriers, and to ensure a regulatory framework that meets all the above standards and can accommodate new innovative business models.
Amendment 30 #
Proposal for a regulation
Recital 11
Recital 11
(11) New regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution, concerning issues such as cybersecurity, internet of things or artificial intelligence. Should damage occur, stringent rules on product safety and liability are essential to ensure a policy response that allows European citizens, including producers, consumers and businesses, to benefit from such rules. The Programme should therefore contribute to the rapid adaptation and enforcement of a Union product liability regime which fosters innovation.
Amendment 33 #
Proposal for a regulation
Recital 12
Recital 12
(12) Placingement on the market of products that are not compliant with Union law puts those who comply at a disadvantage and may endanger consumers. Many entrepreneurs disregard the rules either through lack of knowledge or to 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 36 #
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, bring down silosincrease cooperation between the different parts of their administrations, and to engage in the co- creation of these public services with citizens and businesses. Moreover, the continuous and steady increase of cross- border activities in the internal market requires provision of up-to- date 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. To improve citizens' daily lives and businesses' ability to trade across borders, the Programme should therefore support the following existing internal market governance tools: t* The Your Europe Portal which should be a backbone of the upcoming Single Digital Gateway,; * Your Europe Advice,; * SOLVIT, t; * The Internal Market Information system and t; * The Single Market Scoreboard in order to improve citizens' daily lives and businesses' ability to trade across borders. .
Amendment 38 #
Proposal for a regulation
Recital 18
Recital 18
(18) The Programme should also promote the correct and full implementation and application of the Union legal framework by the Member States for anti-money laundering and countering terrorism financing by the Member States, and the development of future policies to address new challenges in the field. It should also support the relevant activities of the international organisations of European interest, such as the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism of the Council of Europe.
Amendment 40 #
Proposal for a regulation
Recital 19
Recital 19
(19) The implementation and development of the internal market in the area of financial services, financial stability and the Capital Markets Union including sustainable finance, highis heavily dependsent on the evidence -based policy measures taken by the Union. In order to achieve this objective, the Commission should have an active role in constantly monitoring financial markets and financial stability, assessing the implementation of Union legislation by Member States, evaluating whether the existing legislation is fit for purpose and identifying potential areas of action where new risks emerge, with a continuous involvement of stakeholders throughout the policy cycle. Such activities rely on the production of analyses, studies, training materials, surveys, conformity assessments, evaluations and statistics and are supported by IT systems and communication tools.
Amendment 42 #
Proposal for a regulation
Recital 22
Recital 22
(22) Strengthening the competitiveness of European enterprises while reassuring an effective level playing field and an open and competitive internal market is of outmost importance. SMEs are the engine of the European economy making up 99% of all businesses in Europe, providing two- thirds of jobs, and contributing substantially to the creation of new jobs with a regional and local dimension.
Amendment 43 #
(23) SMEs share common challenges that do not affect larger firms to the same extent to, challenges such as: obtaining finance, to; finding a skilled work -force, to; alleviating the administrative burden,; tohe take-up of creativity and innovation, to; accessing markets and fostering internationalisation activities. The Programme should address such market failures proportionally, while not unduly distorting competition in the internal market.
Amendment 44 #
Proposal for a regulation
Recital 24
Recital 24
(24) Many of the Union's competitiveness problems involve SMEs' difficulties in obtaining access to finance because they struggle to demonstrate their credit-worthiness and have insufficient collateral. Additional financing challenges arise from SMEs' need to stay competitive by engaging e.g. in digitization, internationalization and innovation activities, and skilling up their workforce. Limited access to finance has a negative effect on businesses creation, growth and survival rates, as well as on the readiness of new entrepreneurs to take over viable companies in the context of a business succession.
Amendment 45 #
Proposal for a regulation
Recital 25
Recital 25
(25) To overcome these market failures and to ensure that SMEs continue to play their role as the foundation for the Union economy´s competitiveness, small- and medium -sized enterprises need extra support through debt and equity instruments to be established under the SME window of the InvestEU Fund established by Regulation […] of the European Parliament and of the Council52 . The loan guarantee facility put in place under Regulation (EU) No 1287/2013 of the European Parliament and of the Council53 has a proven added value and is expected to bring a positive contribution to at least 500 000 SMEs; a successor will be established under the SME window of the InvestEU Fund. _________________ 52 COM(2018) 439 final 53 Regulation (EU) No 1287/2013 of the European Parliament and of the Council of 11 December 2013 establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (COSME) (2014 - 2020) and repealing Decision No 1639/2006/EC (OJ L 347 of 20.12.2013, p. 33).
Amendment 46 #
(26) The policy objectives of this Programme will be also addressed through financial instruments and budgetary guarantee under the SME window of the InvestEU Fund. Financial support should be used to address market failures or sub- optimal investment situations, in a proportionate manner, and actions should not duplicate or crowd out private financing or distort competition in the internal market. Actions should have a clear European added value.
Amendment 48 #
Proposal for a regulation
Recital 30
Recital 30
(30) European standards play an important role in the internal market. They are of vital interest for the competitiveness of undertakings, andof SMEs especially SMEs. They are also a crucial tool to support Union legislation and policies in a number of key areas such as energy, climate change, information and communication technology, sustainable use of resources, innovation, product safety, consumer protection, worker's safety and working conditions, and an ageing population, thus positively contributing to the society as a whole.
Amendment 49 #
(32) A well-functioning common financial reporting framework is essential for the internal market, for the effective functioning of the capital markets, and for the realisation of the integrated market for financial services in the context of the Capital Markets Union.
Amendment 50 #
Proposal for a regulation
Recital 33
Recital 33
(33) In accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council55 , International Financial Reporting Standards (IFRS) adopted by the International Accounting Standards Board and related interpretations from the IFRS Interpretations Committee are to be incorporated into Union law in order to be applied by companies with securities listed on a regulated market in the Union, only if IFRS meet the criteria set out in that Regulation, including the requirement that accounts give a ‘true and fair view’ as laid down in Article 4(3) of Directive 2013/34/EU of the European Parliament and of the Council56 and that they are conducive to the European public good. In this context it is important to note that where there is a clash between an accounting 'Standard' and the law, the law always takes precedence. Such international accounting standards need to be developed under a transparent and democratically accountable process. IFRS therefore plays a major role in the functioning of the internal market and thus the Union has a direct interest in ensuring that the process through which IFRS are developed and approved delivers standards that are consistent with the requirements of the legal framework of the internal market. It is therefore important to establish appropriate funding arrangements for the IFRS Foundation. _________________ 55 Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1). 56 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 51 #
Proposal for a regulation
Recital 36
Recital 36
(36) The Union contributes to ensuring a high level of consumer protection, empowering consumers and putting them at the heart of the internal market by supporting and complementing Member States’ policies in seeking to ensure that citizens when acting as consumers can fully reap the benefits of the internal market and that, in so doing, their safety and legal and economic interests are properly protected by means of concrete actions. The Union has also to ensure that consumer and product safety laws are properly and equally enforced on the ground and that producers and businesses enjoy a level playing field with fair competition in the internal market. Moreover, it is necessary to empower, encourage and assist consumers in making sustainable choices, thus contributing to a sustainable, energy and resource efficient and circular economy.
Amendment 52 #
Proposal for a regulation
Recital 38
Recital 38
(38) The Programme should support national competent authorities, including those responsible for monitoring product safety, who cooperate notably via the Union’s rapid alert system for dangerous products. It should also support the enforcement of Directive 2001/95/EC of the European Parliament and of the Council58 and Regulation (EC) No 765/2008 regarding consumer protection and product safety, and the Consumer Protection Cooperation network and international cooperation between the relevant authorities in third countries and in the Union. The Programme should also aim to ensure access for all consumers and traders to quality out -of -court dispute resolution and online dispute resolution and information on redress possibilities. _________________ 58 Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).
Amendment 53 #
Proposal for a regulation
Recital 39
Recital 39
(39) The European Consumer Centres Network is assisting consumers to obtain the benefit of their Union consumer rights when they purchase goods and services cross border in the Internal Market and EEA, either on-line or when travelling. The 30 centres strong network,network, which has 30 centres, has been jointly funded by the Union consumer programmes sincefor more than 10 years and has proven its added value to strengthen consumers’ and traders’ trust in the Internal Market. It deals with more than 100 000 consumers’ requests per year and reaches millions of citizens via its press and online information activities. It is one of the most valued citizens’ assistance networks of the Union and most of its centres host contact points for internal market law, such as the Directive 2006/123/EC of the European Parliament and of the Council59 and; its evaluation stresses the importance to continue its operation. The network also intends to develop reciprocity arrangements with similar bodies in third countries. _________________ 59 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 55 #
(40) The fitness check of Union consumer and marketing law carried out by the Commission in May 2017 exposed the need to better enforce rules and facilitate redress when consumers have been harmed by breaches to consumer laws. As a result the Commission adopted a "New Deal for Consumers" in April 2018 to ensure, inter alia, the equal treatment of consumers across the internal market in relation to dual quality standards, stronger enforcement capacities of Member States, enhanced product safety, increased international cooperation and new possibilities for redress notably through representative actions by qualified entities. The Programme should aim to support consumer policy with awareness raising and knowledge building, capacity building and exchange of best practices of the consumer organisations and consumer protection authorities, networking and development of market intelligence, strengthening the evidence base on the functioning of the internal market for consumers, IT systems and communication tools, inter alia.
Amendment 59 #
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, ensure a high level of protection of the environment, including the preservation of biodiversity, whileand finally to guarantee a fair return for food producers, thus 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 jobsmeaningful jobs that comply with all EU labour rights and legislation.
Amendment 64 #
Proposal for a regulation
Recital 55
Recital 55
(55) The Agreement on the European Economic Area provides for cooperation in the fields subject to the Programme between the Union and its Member States, on the one hand, and the countries of the European Free Trade Association participating in the European Economic Area, on the other. PSubject to them complying with all its rules and regulations, provision should also be made to open the Programme to participation by other countries, including the neighbouring countries of the Union and countries which are applying for, are candidates for or are acceding to, membership of the Union. In addition, in the field of European statistics, the Programme should be open to Switzerland in accordance with the Agreement between the European Community and the Swiss Confederation on cooperation in the field of statistics64 . _________________ 64 OJ L 90, 28.3.2006, p. 2.
Amendment 65 #
Proposal for a regulation
Recital 56
Recital 56
(56) TSubject to them complying with all its rules and regulations, third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorising officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.
Amendment 66 #
Proposal for a regulation
Recital 60
Recital 60
(60) Considering the increasing interconnectivity of the world economy, and provided it is done in an objective and transparent manner, the Programme should continue to provide the possibility of involving external experts, such as officials of third countries, representatives of international organisations or economic operators in certain activities.
Amendment 72 #
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, and especially to protect and empower citizens, consumers, producers and businesses, in particular micro, small and medium-sized enterprises (SMEs), by enforcement of Union law, facilitation of market access, standard setting, 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 75 #
Proposal for a regulation
Article 3 – paragraph 2 – point d – point i
Article 3 – paragraph 2 – point d – point i
(i) empowering, assisting and educating consumers, producers, businesses and civil society; ensuring a high level of consumer protection, sustainable consumption and product safety notably by supporting competent enforcement authorities and consumer representative organisations and cooperation actions; ensuring that all consumers have access to redress and; provision of adequate information on markets and consumers;
Amendment 84 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Amendment 86 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) creation of the right conditions to empower all actors of the internal market, including producers, businesses, citizens and consumers, civil society and public authorities through transparent information and awareness raising campaigns, best practice exchange, promotion of good practices, exchange and dissemination of expertise and knowledge and organization of trainings;
Amendment 88 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) provision of mechanisms for citizens, consumers, producers, end-users, civil society and businesses representatives from the Union to contribute to political discussions, policies and decision making process, notably by supporting the functioning of representative organisations at national and the Union level;