Activities of Esteban GONZÁLEZ PONS
Plenary speeches (49)
Outcome of the Strategic Dialogue on the Future of EU Agriculture (debate)
Continued financial and military support to Ukraine by EU Member States (debate)
Continued financial and military support to Ukraine by EU Member States (debate)
Continued financial and military support to Ukraine by EU Member States (debate)
Situation in Venezuela (debate)
Approval of the minutes of the previous sitting
Possible extradition of Paul Watson: the danger of criminalisation of environmental defenders and whistle-blowers, and the need for their protection in the EU (debate)
Possible extradition of Paul Watson: the danger of criminalisation of environmental defenders and whistle-blowers, and the need for their protection in the EU (debate)
Possible extradition of Paul Watson: the danger of criminalisation of environmental defenders and whistle-blowers, and the need for their protection in the EU (debate)
Explanations of vote
Continued financial and military support to Ukraine by EU Member States (RC-B10-0028/2024)
Situation in Venezuela (RC-B10-0023/2024)
Devastating floods in Central-Eastern Europe, loss of lives and EU preparedness to act on such disasters (RC-B10-0057/2024)
Devastating floods in Central-Eastern Europe, loss of lives and EU preparedness to act on such disasters (RC-B10-0057/2024)
Approval of the minutes of the sitting and forwarding of texts adopted
Dates of forthcoming sittings
Adjournment of the session
Voting time
Mobilisation of the European Union Solidarity Fund: assistance to Italy, Slovenia, Austria, Greece and France further to natural disasters occurred in 2023 (A10-0002/2024 - Georgios Aftias) (vote)
Approval of the minutes of the previous sitting
The crisis facing the EU’s automotive industry, potential plant closures and the need to enhance competitiveness and maintain jobs in Europe (debate)
Strengthening Moldova's resilience against Russian interference ahead of the upcoming presidential elections and a constitutional referendum on EU integration (debate)
Composition of committees and delegations
Corrigenda (Rule 251) (action taken)
The democratic backsliding and threats to political pluralism in Georgia (debate)
The democratic backsliding and threats to political pluralism in Georgia (debate)
A stronger Europe for safer products to better protect consumers and tackle unfair competition: boosting EU oversight in e-commerce and imports (debate)
One-minute speeches (Rule 179)
One-minute speeches (Rule 179)
One-minute speeches (Rule 179)
One-minute speeches (Rule 179)
Agenda of the next sitting
Approval of the minutes of the sitting
Composition of committees and delegations
Closing the EU skills gap: supporting people in the digital and green transitions to ensure inclusive growth and competitiveness in line with the Draghi report (debate)
The devastating floods in Spain, the urgent need to support the victims, to improve preparedness and to fight the climate crisis (debate)
UN Climate Change Conference 2024 in Baku, Azerbaijan (COP29) (debate)
Georgia's worsening democratic crisis following the recent parliamentary elections and alleged electoral fraud (debate)
Georgia's worsening democratic crisis following the recent parliamentary elections and alleged electoral fraud (debate)
Question Time with Commissioners - Challenges in the implementation of cohesion policy
Continued escalation in the Middle East: the humanitarian crisis in Gaza and the West Bank, UNRWA’s essential role in the region, the need to release all hostages and the recent ICC arrest warrants (debate)
Continued escalation in the Middle East: the humanitarian crisis in Gaza and the West Bank, UNRWA’s essential role in the region, the need to release all hostages and the recent ICC arrest warrants (debate)
Corrigenda (Rule 251) (action taken)
Outcome of COP 29 and challenges for international climate policy (debate)
Approval of the minutes of the previous sitting
Composition of committees and delegations
Topical debate (Rule 169) - Budapest Declaration on the New European Competitiveness Deal - A future for the farming and manufacturing sectors in the EU (topical debate)
Topical debate (Rule 169) - Budapest Declaration on the New European Competitiveness Deal - A future for the farming and manufacturing sectors in the EU (topical debate)
Stepping up the fight against and the prevention of the recruitment of minors for criminal acts (debate)
Institutional motions (2)
MOTION FOR A RESOLUTION on the situation in Venezuela
JOINT MOTION FOR A RESOLUTION on the situation in Venezuela
Amendments (888)
Amendment 3 #
2022/2137(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the Resolutions adopted by the Council of Europe establishing an Enlarged Partial Agreement (EPA) on Cultural Routes and confirming its establishment (CM/Res(2010)53 and CM/Res(2013)66),
Amendment 7 #
2022/2137(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the 48 European Cultural Routes certified to date by the Council of Europe,
Amendment 9 #
2022/2137(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
— having regard to the Santiago de Compostela Declaration of the Council of Europe of 23 October 1987, on the occasion of the proclamation of the Camino de Santiago as the first European Cultural Route,
Amendment 11 #
2022/2137(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
Amendment 47 #
2022/2137(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the Council of Europe's European Cultural Routes, which occupy a prominent position in the geography of the European continent, have played and continue to play an important role in the feeling of belonging to a shared European culture;
Amendment 48 #
2022/2137(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the Council of Europe's Enlarged Partial Agreement on Cultural Routes invites the European Union to join the Agreement as soon as possible;
Amendment 83 #
2022/2137(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Advocates the EU’s broadest possible alignment with the CoE convention system through the finalisation of its accession to other CoE treaties, such as the Istanbul Convention and the Convention against Torture and Inhuman and Degrading Treatment or Punishment; calls on the Commission to look into what steps are needed for the European Union to accede to the European Social Charter and to propose a timeframe for achieving that objective; calls on the Commission to look into the EU joining the Council of Europe's Enlarged Partial Agreement on Cultural Routes;
Amendment 124 #
2022/2137(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission and the EEAS to strengthen cooperation with the Council of Europe's European Cultural Routes programme, with a view to promoting the fundamental values of cultural diversity, intercultural dialogue and the sustainable territorial development of lesser-known destinations, while preserving, protecting and rehabilitating the cultural heritage of these sites;
Amendment 126 #
2022/2137(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission and the Member States to continue the work to identify and map, including in digital format, the Caminos de Santiago and other European Cultural Routes of the Council of Europe, and to mark the routes to Santiago de Compostela passing through the European continent with the symbols suggested by the Council of Europe;
Amendment 274 #
2022/0196(COD)
Proposal for a regulation
–
–
– The European Parliament rejects the Commission proposal.
Amendment 24 #
2022/0068(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Pursuant to the statement in the minutes of the European Council meeting of 25 November 2018, any future agreement between the EU and the United Kingdom concerning Gibraltar will require the prior agreement of the Kingdom of Spain. Given Gibraltar's particular geographical situation, its status under international law, its specific characteristics and its special relationship with Spain, measures adopted by the EU under this Regulation which affect the territory of Gibraltar or any agreement concluded between the EU and the United Kingdom concerning that territory should also require the prior consent of the Kingdom of Spain.
Amendment 62 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 7 a (new)
Article 2 – paragraph 7 a (new)
7a. Where they concern the territory of Gibraltar or any agreement between the EU and the United Kingdom relating to that territory, the adoption of measures pursuant to paragraph 1 of this Article shall require the prior consent of the Kingdom of Spain.
Amendment 3 #
2021/2251(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the Opinion of the European Committee of the Regions of 1 December 2021 on the implementation of the Recovery and Resilience Facility5a, __________________ 5a OJ C 97, 28.2.2022, p. 21–25.
Amendment 4 #
2021/2251(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
— having regard to the Opinion of the European Economic and Social Committee of 20 October 2021 on the Annual Sustainable Growth Strategy 20215b, __________________ 5b ECO/556-EESC-2021.
Amendment 36 #
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 Next Generation EU (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; helping European economies growth thanks to a more competitive economy and being the pillars of growth business, SMEs, private investment and, finally, the EU's strategic autonomy.
Amendment 50 #
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; recognisesso far, the RRF has been an instrument that has created a lot of expectations to all stakeholders and institutions, deeper than what legislators had in mind and that its effective implementation will be key for the EU’s economic growth; it is contributing to readjusting national priorities and public knowledge of the effort carried out by the Union; we have confidence that on a medium term basis it can be recognized 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;
Amendment 71 #
2021/2251(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates the importance of the successful implementation by the Member States of national recovery and resilience plans (NRRPs) in order to ensure a long- term impact on the EU economy and society; recalls that the RRF is a performance-based mechanism, that should respond to growth objectives not just procedure milestones whereby funding is disbursed upon completion of milestones and targets related to measures; Recalls that for its success it is crucial the participation of local, regional and national institutions that are those responsible for developing those policies, as stated in Articles 18 and 28 of the RRF Regulation
Amendment 78 #
2021/2251(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is concerned about the low level of effective disbursement or take-up of RRF funds in some Member States; warns that the RRF will only mitigate the social and economic impact of the crisis if funds are effectively absorbed and spent, so that they reach the real economy; calls on Member States to take the appropriate decisions on organisational structure and resources and to implement legal reforms if necessary in orden to ensure the timely expenditure of RRF funds;
Amendment 86 #
2021/2251(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that the packages of reforms and investments, particularly growth-enhancing ones under the RRF, should also generate EU added value taking into account the European Semester and Country Specific Recommendations, as well as the acquis communitaire, being as it is essential the coherent legislative and political development ; emphasises that the packages of reforms and investments under the RRF should also contribute to the implementation of the European Pillar of Social Rights;
Amendment 90 #
2021/2251(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the fact that women20 , children21 , young people, the elderlconsequences that European citizens have suffered and continue to be most impacted by the COVID-19 crisis; emphasizes the role that primary aind vulnerable groups have been the most impacted by the COVID-19 crisiustry has had in keeping the economy alive and the effort carried out by SME’S as to maintain the productive network in the amidst of epidemiological and regulatory uncertainty, and many times without the alleviation of Member States administration’s; recalls the need to ensure that the EU leaves no one behind, and that it tackles gender- specific socio-economic impacts on its path to recovery; __________________ 20 European Parliament, Directorate- General for Internal Policies, Policy Department for Citizens’ Rights and Constitutional Affairs, COVID-19 and its economic impact on women and women’s poverty – Insights from 5 European Countries, May 2021. https://www.europarl.europa.eu/RegData/et udes/STUD/2021/693183/IPOL_STU(202 1)693183_EN.pdf 21 Eurochild, Growing up in lockdown: Europe’s children in the age of COVID-19, 17 November 2020. https://www.eurochild.org/resource/growin g-up-in-lockdown-europes-children-in-the- age-of-covid-19/
Amendment 147 #
2021/2251(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Looks forward to more granular and disaggregated data allowing for a better understanding of the additionality impacts of the RRF; urges the Member States to provide detailed information to the Commission in order to ensure effective reporting of the impact of the RRF; , so that as guardian of the treaties should look out for the correct implementation of European Union norms and the Parliament as budgetary control organism, in order to ensure effective reporting of the impact of the RRF; Shows its concern over the difficulties encountered on its access to information received by the Commission and transmitted by the Member States; Parliament must have access to all documents and communications from the Commission to each Member State, both of its plans and their implementation, and of the evaluations made or received.
Amendment 180 #
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 Regulation; stresses that the fast approval of the NRRP without direct participation by regional and local authorities is hindering its implementation; it expects the European Commission to collaborate with Member States on the improvement of these deficiencies.
Amendment 225 #
2021/2251(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that the Commission estimates social spending in the NRRPs to account for around 20 % of the grants and loans requested; observes that this expenditure focuses on employment incentives for specific disadvantaged groups, reforms of employment protection legislation and labour contract regulation; shows concern about certain measures might develop into budgetary compromises on a medium term basis regrets that social investment measures have been rather limited to social infrastructure and that only some NRRPs contain measures for the development of proper care services and temporary support measures; considers that it will be necessary to acknowledge investments due to the illegal invasion of Ukraine and the accommodation of refugees, supports the Commission’s aim, through the RRF, of building a more resilient and inclusive labour market;
Amendment 256 #
2021/2251(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises that the RRF should not be used to substitute recurring national budgetary expenditure, unless duly justified, and calls on the Commission to ensure compliance with this principle; is concerned that independent fiscal authorities in certain Member States have warned that some investments in NRRPs have a high risk of becoming a recurring expenditure in national budgets; notes that the Commission has only approved NRRPs to cover the initial costs of setting up and launching reforms;
Amendment 301 #
2021/2251(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Urges the Commission and Member States to uphold the principles of transparency, equal treatment, open competition, and sound procedural management when launching public procurement for the implementation of investments; is firmly opposed to any type of misuse of powers or arbitrariness when allocating RRF funds;
Amendment 346 #
2021/2251(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Reminds that implementation of the RRF and of NRRPs' measures shall respect all relevant laws, including the principle of subsidiarity, respect to regional and local self-government and the right to good administration under EU Law;
Amendment 351 #
2021/2251(INI)
Motion for a resolution
Paragraph 34 b (new)
Paragraph 34 b (new)
34 b. Is concerned about the insufficient clarity in many Member States on the NRRPs governance systems and the distribution of responsibilities for their implementation between the central, regional and local levels;
Amendment 353 #
2021/2251(INI)
Motion for a resolution
Paragraph 34 c (new)
Paragraph 34 c (new)
34 c. Reiterates its regret at the fact that many Member States have not or only inadequately involved local and regional authorities (LRAs) in the preparation process of NRRPs, and that the extent to which their input has been incorporated in most cases cannot be ascertained; calls on Member States to ensure the involvement of LRAs in the implementation of the RRF to the maximum extent possible under the national legislation and urges the Commission to present guidance to that end; recalls that LRAs are different to other stakeholders because they are at the forefront of implementing EU law;
Amendment 361 #
2021/2251(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the launch in December 2021 of the recovery and resilience scoreboard, which will allow every citizen to monitor the implementation of the RRF; regrets, however, that the scoreboard does not reflect the extent to which Member States are effectively channelling funds to finance their projects and executing amounts;
Amendment 366 #
2021/2251(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on the Commission and the Member States to periodically assess and publish the level of effective disbursement of RFF funds; expects the review report on the implementation of the RRF prepared by the Commission to provide extensive data and analysis on the level of effective spending and absorption, the disbursement of funds to the various implementing bodies (such as LRAs) and the possible existence of bottlenecks in national public administrations that prevent the adequate implementation of NRRPs;
Amendment 368 #
2021/2251(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35 b. Points out that national public administrations face a considerable challenge in absorbing all RRF funding in such a short space of time; urges the European Commission to actively support Member States that have experienced problems absorbing EU funds in addressing this issue, so that RRF funds are successfully disbursed across the Union;
Amendment 370 #
2021/2251(INI)
Motion for a resolution
Paragraph 35 c (new)
Paragraph 35 c (new)
35 c. Welcomes the initiative of the European Ombudsman of preparing 'Good Practice Principles for governing transparency in the use of recovery funds';
Amendment 381 #
2021/2251(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on the Commission to fully take into account Parliament’s views in the upcoming review report on the implementation of the RRF, which the Commission shall present to Parliament and the Council by 31 July 2022; calls on the Commission to also take into account the input of LRAs when drafting said report;
Amendment 384 #
2021/2251(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Points out that LRAs have, in many cases, statutory powers and competences in policy areas that are key for the RRF; stresses that involving LRAs in the RRF is essential for the effectiveness of its implementation, as they play a key role in the design and implementation of many policies and investments; calls for a more active involvement of LRAs and a broader ownership of these authorities in the implementation of the NRRPs;
Amendment 385 #
2021/2251(INI)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37 b. Calls on Member States to clearly define the role of LRAs in the implementation, further planning and evaluation of NRRPs in the agreements concluded with the European Commission on operational arrangements and the individual legal commitments on financial contributions, in accordance with their national constitutional provisions and distribution of powers; requests that Member States include in their reports on the implementation of the RRF a section on the involvement of LRAs;
Amendment 390 #
2021/2251(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Instructs its President to forward this resolution to the Council, the Commission, the European Committee of the Regions and to the governments and parliaments of the Member States.
Amendment 6 #
2021/2180(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes Commission’s Annual Rule of Law Report as a positive addition to the EU’s toolbox to promote improvements as well as to prevent and address rule of law issues in Member States, and recalls that the Commission’s report was a commitment made by President Von Der Leyen in her political guidelines for the 2019-2024 Commission, ahead of her election;
Amendment 12 #
2021/2180(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that public debate about the report is central to the annual rule of law cycle and therefore that the time of its publication is keyrelevant; regrets therefore the publication of the 2021 report just before parliamentary recess in mid-July; calls on the Commission to instate an annual EU Values Week each September, in which the report is presented to the European Parliament and national parliaments at the same time as the Justice Scoreboard, the Fundamental Rights Report, and the Media Pluralism Monitor;
Amendment 16 #
2021/2180(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that important elements of Parliament’s resolutions of 25 October 2016 and of 7 October 2020 on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights are still missing, in particular the panel of independent experts,; calls therefore to widening the scope to include all values set out under Article 2 of the Treaty on European Union (TEU), and the interinstitutional agreement for an annual monitoring cycle; calls on the Council and Commission to engage in discussions on such interinstitutional agreement, in order to set up a single and coherent monitoring system for democracy, rule of law and fundamental rights in the EU;
Amendment 21 #
2021/2180(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes Commission’s involvement of civil society actors, both through the online public consultation and the country visits and interviews, however believes that more transparency from the Commission on the methodology and selection process of stakeholders invited to consultation meetings, as well as closer consultation and collaboration with civil society to design a more straight forward and more easily accessible process, is needed;
Amendment 32 #
2021/2180(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to conclude each country chapter with a ‘traffic light’n assessment of the fulfilment of the conditions of the Rule of Law Conditionality Regulation (Regulation (EU, Euratom) 2020/2092);
Amendment 36 #
2021/2180(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes Commission proposals´s commitment to include country-specific recommendations as of 2022, as per Parliament’s resolution of 25 October 2016, which should be framed in the context of Member States’ obligations under EU law and international human rights law and standards, which would allow for tracking and evaluating progress and regression against an agreed, binding framework; calls on the Commission to monitor and report on their implementation;
Amendment 45 #
2021/2180(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines that while the 2020 Rule of Law Report has encouraged positive reforms related to the rule of law in a number of Member States, some serious concerns remain, however, with regard to a number of Member States, especially pertaining to the independence of the judiciary and the freedom and pluralism of media;
Amendment 47 #
2021/2180(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Is concerned that the COVID-19 pandemic has affected the fight against corruption, as it slowed down legal reforms or the adjudication of corruption cases in some Member States and increased the risk of corruption; stresses that while efforts to repress corruption have significantly increased in several Member States, yet others are cause for concern as regards the effectiveness of investigation and prosecution;
Amendment 48 #
2021/2180(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
Amendment 54 #
2021/2180(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights that constitutional checks and balances at EU level should be included in the report; commits toassessed, by requesting a Venice Commission opinion on key principles of democracy in EU governance, in particular the separation of powers, accountability and checks and balances;
Amendment 60 #
2021/2180(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. CUnderlines the importance of interinstitutional dialogue and cooperation on rule of law matters; calls on the Council to discuss the report in all transparency and engage in dialogue with the European Parliament; calls on the European Council, too, to discuss the findings of the report, as the values of Article 2 TEU are a matter to be addressed at the highest political level.
Amendment 3 #
2021/2166(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to the better regulation toolbox, which complements the Better regulation guidelines, both from November 2021,
Amendment 5 #
2021/2166(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the latest EP resolution “Regulatory Fitness, subsidiarity and proportionality- report on Better Law Making 2017, 2018 and 2019, adopted 24.6.20211a, _________________ 1a P9_TA (2021) 0316.
Amendment 10 #
2021/2166(INI)
Motion for a resolution
Citation 12
Citation 12
Amendment 14 #
2021/2166(INI)
Motion for a resolution
Recital A
Recital A
A. whereas better law-making is a common goal for all EU Institutions, and should be achieved by increasing transparency, accountability and cooperation between the institutions and Member States, citizens and stakeholders, ensuring full respect of all fundamental European values, including democracy, the rule of law and human rights; whereas legislation should be fit for purpose, balanced, clear, transparent and comprehensive in order to benefit citizens and stakeholders;
Amendment 21 #
2021/2166(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas European union and national legislation should always be fit for purpose, proportionate, clear and comprehensive, in order to benefit the relevant addressees
Amendment 22 #
2021/2166(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas better regulation tools should be applied in an ever-changing world, where challenges and policy priorities are constantly evolving and the achievement of European objectives and targets across sectors is increasingly urgent; whereas, therefore, it will be increasingly important toback up regulatory proposals with evidence based on the most appropriate assessments;
Amendment 23 #
2021/2166(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas high quality regulation serves the public interest as directly conditions the competitiveness of the European Union, territories and businesses, as well as the degree of democracy and participation of the various legal systems, including the national and regional ones; whereas better law-making primarily means guaranteeing citizens the principle of legal certainty;
Amendment 24 #
2021/2166(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas there is a need for regulatory review and simplification to remove obstacles to the implementation of legislation, including across borders, and to make laws more effective, transparent and comprehensive to the end user, be it citizen or business;
Amendment 25 #
2021/2166(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas the better regulation principles and tools should remain policy- neutral to guarantee an objective problem definition and real alternative policy options to be considered by the European Commission, the Council and the European Parliament;
Amendment 27 #
2021/2166(INI)
Motion for a resolution
Recital C
Recital C
C. whereas better law-making must aim to serve the EU’s political ambitions, especially its long-term objectives, such as generating economy and growth, boosting investment and job creation, taking care of a more competitive and democratic Europe and fighting terrorism, while aiming social progress and the binding objective of Union climate neutrality by 2050, and the long-term priority objective for 2050 that citizens live well, within the limits of our planet; whereas a sustainability should be at the heart ofperspective should also be considered for an high quality law- making, placing social, environmental and economic considerations on an equal footing;
Amendment 37 #
2021/2166(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the ‘Have Your Say’ web portal aims to boost involvement in EU policy-making; whereas the European Court of Auditors published a special report in 20192 with a set of recommendations to even improve this portal, especially the use ando make it more user- friendly, including with regard to the availability of translations; _________________ 2 European Court of Auditors special report no 14/2019: ‘‘Have your say!’: Commission’s public consultations engage citizens, but fall short of outreach activities’.
Amendment 38 #
2021/2166(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Regulatory Scrutiny Board assesses the quality of impact assessments as well as of fitness checks and major evaluations to support politicalhigh- quality decision-making;
Amendment 39 #
2021/2166(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas publicly available European Union websites for funding and tender opportunities within the framework of the EU programs are published in English Language first; whereas the translation of those websites can take several months; whereas the availability of those websites in all official languages of the EU is crucial for fair competition;
Amendment 43 #
2021/2166(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the aim of the regulatory fitness and performance (REFIT) programme is to simplify and reduce regulatory burden of EU laws and reduce unnecessary administrative burdens with a view to improve regulatory complianceand unnecessary regulatory costs, while achieving the underlying policy objectives;
Amendment 46 #
2021/2166(INI)
Motion for a resolution
Recital H
Recital H
H. whereas in 2021 the Commission introduced the ‘one in, one out’ approach with the intention of offsetting new burdens resulting from the Commission’s legislative proposals by removing already existing burdens in the same policy area;
Amendment 47 #
2021/2166(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the ‘one-in, one-out’ principle strengthens the REFIT programme, by extending the programme beyond the burdens from individual pieces of existing legislation to include also burdens from new legislation as well as managing the accumulative burden in each policy area; whereas, at the same time, the ‘one in, one out’ principle needs a clarification concerning its application in practice, as this should always benefit to the interests of businesses, workers, citizens and consumers;
Amendment 50 #
2021/2166(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas achieving the benefits of simplification efforts at European level also depends on the maintenance of the relevant provisions by the co-legislators and on the choices made by the Member States when transposing them into national law, and a greater effort of coordination and consultation with them and also with the local and regional authorities is therefore required;
Amendment 56 #
2021/2166(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s commitment to making better use of strategic foresight, mainstreaming the Sustainable Development Goals in all its legislative proposals, in line with the UN’s 2030 Sustainable Development Agenda, to paying greater attention to gender equality and equality for all, and to ensuring that the ‘do no significant harm’ and precautionary principles are applied across all policy areas; calls forsince it plays a key role in helping to future-proof EU policy- making by ensuring that short-term initiatives are grounded in a longer-term perspective; acknowledges that ‘foresight elements’ are fully integrated into the Commission to clearly define the ‘do no significant harm’ principle in order to ensure its consist’s better regulation agenda, and calls for its integration in impact assessments applicnd evaluations; welcomnotes, the proposal that sustainability and digitalisation should be better taken into account in law-making; calls on the Commission to implement a ‘sustainabiloo, that ‘strategic foresight’ will support the REFIT programme, which identifies opportunities to reduce regulatory burdens and ensure that existing EU laws remain ‘fity first’ approachor the future’;
Amendment 63 #
2021/2166(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. welcomes the Commissions intentions to improve the analysis and reporting of proposals’ impacts, for example on competitiveness and SMEs, territoriality, sustainability,equality, subsidiarity and proportionality;
Amendment 66 #
2021/2166(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. welcomes that in line with the 2030 Digital Compass Communication, better regulation will promote the ‘digital by default’ principle in forthcoming EU legislationas an important tool to support digital transformation;
Amendment 67 #
2021/2166(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. welcomes the intention of the Commission to create an interinstitutional database – the so-called Joint Legislative Portal - whose functioning should make sure to provide themost intuitive layout and user-friendly experience possible in order to avoid information overload;
Amendment 72 #
2021/2166(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s commitment to more actively publicising consultations in order to reach more citizens, and stakeholders and encourages to do so through local and regional authorities and the Committee of the Regions;
Amendment 86 #
2021/2166(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for all European Union websites on funding and tender opportunities to be translated into all official languages of the EU immediately, as the initial exclusive availability in English language putsnon-English speaking member states at disadvantage;
Amendment 88 #
2021/2166(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for impact assessments to be performed on all acts, without exception;legislative proposals, deeply regrets that this was not the case for several politically sensitive proposals in the past; recalls that on several occasions Parliament has carried out its own impact assessments in replacement of the Commission’s, mainly because of a lack of a necessary impact assessment; notes that this could be avoided by a proper coverage from the Commissions site before their publication of a legislative proposal; nevertheless, recalls that impact assessments help to inform but do not replace political decision-making;
Amendment 93 #
2021/2166(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that the application of the ‘Think Small First’ principle enshrined in the Small Business Act is an essential element for the proportionality test, prior to any legislative proposal and should aim at ensuring that SMEs’ voices are heard and that their interests are taken on board as early as possible, in order to create a favourable business environment for the development of SMEs, which are the backbone of our European economy;
Amendment 99 #
2021/2166(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Encourages greater account of feedback resulting from evaluations and assessments should be taken, and highlights the positive and widely recognised role of the Regulatory Scrutiny Committee in increasing the quality of legislative proposals; therefore, calls to make better use of its expertise and experience within the Commission;
Amendment 100 #
2021/2166(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. ESupports the Commission’s commitment to policy reviews and encourages the Commission to make greater use of ex post assessments to evaluate the effectiveness and benefits of legislation which in turn can help inform future policy developmentand improve regulation approaches; stresses the importance of the ‘evaluate first’ principle for ensuring that lessons learnt from the past informluence future policy cycle action; is seriously concerned about the increasing trend of evaluations and impact assessments being carried out in parallel, although evaluation results should feed into any revision of legislation;
Amendment 103 #
2021/2166(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that ex post evaluations are also an important tool to assess the impact of legislation on citizens and businesses, whereby special attention should be given as to the impact on SMEs;
Amendment 118 #
2021/2166(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note of the use of instruments such as the regulatory fitness and performance programme (REFIT) and the ‘Fit for Future’ Platform to identify opportunities for simplification and reducing unnecessary costs before the Commission proposes a revision, while ensuring the highest standards of protection and enhancing compliance with EU law; recalls that the ‘Fit for Future’ platform’s role is also to assess whether specific Union legislation and its objectives remain future-proof proportionate and adapted to new challenges;
Amendment 132 #
2021/2166(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes note of the involvement of the Regulatory Scrutiny Board in impact assessments, fitness checks, and major evaluations of current legislation; notemphasises, however, that the independence of the board could be further improved; notes, that the transparency of the Regulatory Scrutiny Board on meetings with stakeholders, reviews, recommendations and opinions should be significantly improved; underlines that the work of the Board should not ultimately affect the Commission’s capacity to propose legislation or unduly delay the adoption of legislative proposals; considers that all the Board’s opinions should always be made public immediately after adoption without any exception;
Amendment 140 #
2021/2166(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes note of the ‘one in, one out’ approachprinciple, which is based on stake holder involvement, and by which the Commission aims to offset newly introduced burdens especially for micro- enterprises and SMEs by relieving citizens and businesses of equivalent burdens at EU level in the same policy area; regrets the unilateral introduction of this approach by the Commission, without a prior impact assessment or consultation; underlines that the implementation of this approach should not affect political imperatives or the objectives of better regulation, and emphasises that it should not lead to mechanical or mathematical decisions to repeal legislation, lower its standard or resuls and that int a chilling effect on legislationim should be to modernise and reform EU legislation to face new challenges; recalls that the need for new legislation should not automatically imply that current legislation is no longer needed; calls for this approach to be based on a transparent and evidence-based methodology giving balanced consideration to all sustainability aspects, both in terms of bestresses at the same time that, while additional unnecessary administrative burdens should be avoided when designing, transposing and implementing EU acts, this should nefits and costs, including the costs of non-compliance and inaction; calls on the Commission, in this regard, to make its ‘one in, one out’ calculator public before applying this approachher be translated into deregulation or ‘no regulation’, nor should it prevent Member States’ parliaments from maintaining or taking more ambitious measures in cases where only minimum standards are defined by Union law;
Amendment 143 #
2021/2166(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses that, in applying the ‘one in, one out’ principle, all compliance costs, both administrative and adjustment costs, should be offset, since they both concur to burden businesses in particular; stresses the need that the principle is applied by the Member States as well as by local and regional authorities during the transposition process concerned; encourages the exchange of best practices on compensatory measures, methodologies and data collected;
Amendment 145 #
2021/2166(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Underlines that systematic review of legislation plays an increasingly important role for achieving better regulation; stresses in this regard the importance of the European Parliament, the Council and the Commission engaging in a more structured cooperation in order to assess the application and effectiveness of Union law with a view to its improvement; points out the need for the swift, timely and correct application of Union legislation by the Member States inorder to properly assess the need for further legislation;
Amendment 148 #
2021/2166(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Reiterates the specificity of local and regional authorities and the need to tailor consultations; recommends that the Commission consult the Committee of Regions in the development of open consultations and roadmaps for proposals that significantly affect sub-national levels of government;
Amendment 149 #
2021/2166(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Recalls the importance of the Territorial Impact Assessment for the CoR, including rural impact assessment, urban impact assessment and cross- border impact assessment, for the achievement of the objective of evidence- based policy making;
Amendment 150 #
2021/2166(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12 e. Stresses that better law-making objectives need to be regularly reviewed and evaluate dagainst the criteria of the better law-making agenda, including monitoring and reporting; underlines that the objectives need to be well balanced, proportionate and evaluated in terms of their effectiveness; recalls the importance of comparable EU-wide data for the purpose of this evaluation and calls on the Commission to examine whether the use of the better regulationtools have served to achieve objectives such as improved policy outcomes;
Amendment 7 #
2021/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s first ever Rule of Law Report as a positive addition to the EU’s toolbox to prevent and address rule of law issues in Member States, while considering that further improvements are needed;
Amendment 12 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Commission’s report iwas a response to the Council’s failure to trigger the procedure under Article 7(1) of the Treaty on European Union (TEU), as requested by the Commission in 2017 and Parliament in 2018; regrets that the Council has failed to resume hearings under Article 7 of the TEU since December 2019; notes that the failure to apply Article 7 of the TEU, also due to the requirement of unanimity for the sanctions mechanism, enables continued divergence from the values enshrined in Article 2 of the TEUcommitment made by President Von Der Leyen in her political guidelines for the 2019-2024 Commission, ahead of her election;
Amendment 18 #
2021/2025(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets the Council’s failure to move further the procedure under Article 7(1) TEU, as requested by the Commission in 2017 and the Parliament in 2018; underlines, in the strongest terms, that only qualified majority is required to determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2; regrets that the Council has failed to resume hearings under Article 7 TEU since December 2019; notes with concern that the failure to progress in Article 7 TEU procedure enables continued divergence from the values enshrined in Article 2TEU; urges the Portuguese presidency of the Council to take the appropriate steps in order to move further the procedure under Article7(1) TEU;
Amendment 22 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the report fails to fully address all Union values set out in Article 2 of the TEU, such as democracy and fundamental rightsConsiders the scope of the report can be broadened and fine-tuned as requested by the EP; reiterates the need to have a single monitoring system for democracy, the rule of law and fundamental rights, as proposed by Parliament1 ; calls again on the Council and the Commission to engage in discussions to set up such a mechanism via an interinstitutional agreement; _________________ 1European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (texts adopted, P9_TA(2020)0251).
Amendment 29 #
2021/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the methodology of the report, which focuses on four pillars: independence of the judiciary, the anti- corruption framework, media pluralism, and checks and balances; invites the Commission to in the next editions broaden the scope of the report, or at least of its first pillar and to include in the next editions an assessment of how the right to a fair trial is guaranteed in Member States, with particular attention paid to the right of defence, andthe equality between prosecution and defence parties and the length of trials; believes that the report should go beyond monitoring and include preventive and corrective elements with a clear outline of enforcement measures;
Amendment 44 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to use all tools at its disposal to counter violations of EU values, such as infringement procedures, including expedited procedures, actions to ensure compliance with the judgments of the Court of Justice and applications for interim measures before the Court; welcomes the new rule of law conditionality mechanism and asks that it be fully enforced with regard to all EU funds, including Next Generation EU; reiterates it has entered into force and is binding in its entirety for all commitment appropriations and payment appropriations in all Member States and for the EU institutions; underlines the importance of the direct applicability of the Regulation since 1 January 2021, particularly in the context of the disbursement of the Next Generation EU funds which will occur early in the budget cycle;
Amendment 56 #
2021/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights that the COVID-19 pandemic has had a deleterious impact on fundamental rights as well as on constitutional checks and balances; insists that any measures restricting the rights and freedoms of EU citizens should be transparent, proportional and temporary; calls on the Commission to furthercontinue analyseing measures taken in response to the COVID- 19 pandemic in its 2021 report.
Amendment 1678 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23
Annex 1 – part 16/23
Add the following to the core network: - El Ferrol - A Coruña (rail freight / ≥ 200 km/h.) - El Ferrol - Lugo - Monforte (rail freight / ≥ 200 km/h.)
Amendment 1680 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23
Annex 1 – part 16/23
Add the following to the core network: - Zaragoza-Tardienta (freight rail)
Amendment 1682 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23
Annex 1 – part 16/23
Add the following to the core network: - Zaragoza-Lleida-Tarragona (freight/conventional)
Amendment 1688 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 17/23
Annex 1 – part 17/23
Add the following to the core network: - Orense- Santiago (passenger rail/ ≥ 200 km/h)
Amendment 1689 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23 and part 17/23
Annex 1 – part 16/23 and part 17/23
Add the following to the core network: - Santiago – Vigo (rail freight / ≥ 200 km/h) - Port of Bahía de Cádiz
Amendment 1690 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23 and part 17/23
Annex 1 – part 16/23 and part 17/23
Add the following to the comprehensive network: - Astorga – Zamora – Salamanca – Plasencia (passenger and freight rail / Conventional/New Constr.)
Amendment 1692 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 16/23 and part 17/23
Annex 1 – part 16/23 and part 17/23
Add the following to the comprehensive network: - Granada – Motril (passenger and freight rail / Conventional / New Constr.)
Amendment 1701 #
2021/0420(COD)
Add the following to the core network: - Medina del Campo – Salamanca – Fuentes de Oñoro (passenger rail / ≥ 200 km/h) - Madrid – Adanero – Tordesillas – Benavente – Ponferrada – Lugo – A Coruña (Road) - Astorga – León – Carrión de los Condes – Burgos (Road) - Port of Bahía de Cádiz - Vigo - Porto (passenger rail/ ≥ 200 km/h)
Amendment 1702 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 17/23
Annex 1 – part 17/23
Add the following to the core network: - Vigo - Porto (passenger rail/ ≥ 200 km/h)
Amendment 1703 #
2021/0420(COD)
Add the following to the extended core network: - Sevilla – Huelva – Faro (passenger rail / ≥ 200 km/h / New Constr.) - Córdoba - Jaén – Granada (Conventional) - Madrid – Alcázar de San Juan – Jaén (Conventional) - Bilbao – Santander (passenger and freight rail / ≥ 200 km/h / New Constr.)
Amendment 1704 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 17/23
Annex 1 – part 17/23
Add the following to the comprehensive network: - Astorga – Zamora – Salamanca – Plasencia (rail freight / Conventional) - Aguilar de Campoo – Venta de Baños (Road) - Plasencia – Navalmoral de la Mata (Road) - Almería – Guadix (Road) - Cuenca – Tarancón – Ocaña (Road) - Soria – Aranda de Duero – Valladolid (Road)
Amendment 1705 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 17/23
Annex 1 – part 17/23
Add the following to the core network: - Utrera- Granada- Almería (passenger and freight rail/ ≥ 200 km/h)
Amendment 1740 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Algeciras Rail road terminals: Core (San Roque)
Amendment 1742 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Cádiz Maritime port: Comprehensivre (Bahía de Cádiz)
Amendment 1743 #
2021/0420(COD)
Node name: Castellón Maritime port: Comprehensivre
Amendment 1745 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Ferrol Maritime port: Comprehensivre
Amendment 1747 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Gandía Maritime port: Comprehensive
Amendment 1750 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Santander Maritime port: Comprehensivre
Amendment 1752 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section ES
Annex 2 - table - section ES
Node name: Vigo Maritime port: Comprehensivre
Amendment 1754 #
2021/0420(COD)
Node name: Vilagarcía de Arousa Maritime port: Comprehensive
Amendment 1789 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - part 2/14
Annex 3 - part 2/14
Add the following to the Atlantic Corridor: - Madrid – Adanero – Tordesillas – Benavente – Ponferrada – Lugo – A Coruña (Road) - Astorga – León – Carrión de los Condes – Burgos (Road) - A Coruña – Gijón – Santander - Bilbao (Road) - Santiago – Vigo (Rail freight) - Bilbao – Santander (Rail passengers) - Port of Bahía de Cádiz - Sevilla – Huelva – Faro (Rail passengers)
Amendment 1810 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - part 10/14
Annex 3 - part 10/14
Add the following to the Mediterranean Corridor: - Maintain the route of the Mediterranean Corridor, including across Hungary
Amendment 1813 #
2021/0420(COD)
Add the following to the Mediterranean Corridor: - Córdoba - Jaén – Granada (Rail passengers) - Madrid – Alcázar de San Juan – Jaén (Rail passengers)
Amendment 51 #
2021/0240(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Combining both direct and indirect supervisory competences over obliged entities, and also functioning as a support and cooperation mechanism for FIUs, is the most appropriate means of bringing about supervision and cooperation between FIUs and other EU institutions, offices, bodies and agencies involved in the AML/CFT framework at Union level. This should be achieved by creating an Authority which should combine independence and a high level of technical expertise and which should be established in line with the Joint Statement and Common Approach of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies32 . _________________ 32 https://europa.eu/european- union/sites/default/files/docs/body/joint_st atement_and_common_approach_2012_en. pdf.
Amendment 53 #
2021/0240(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The powers of the Authority should allow it to improve AML/CFT supervision in the Union in various ways. With respect to selected obliged entities, the Authority should ensure group-wide compliance with the requirements laid down in the AML/CFT framework and any other legally binding Union acts that impose AML/CFT-related obligations on financial institutions. Furthermore, the Authority should carry out periodic reviews to ensure that all financial supervisors have adequate resources and powers necessary for the performance of their tasks. It should facilitate the functioning of the AML supervisory colleges and contribute to convergence of supervisory practices and promotion of high supervisory standards. With respect to non-financial supervisors, including self-regulatory bodies where appropriate, the Authority should coordinate peer reviews of supervisory standards and practices and request non- financial supervisors to investigate possible breaches of AML/CFT requirements. In addition, taking account of the input of other EU institutions, offices, bodies and agencies involved in the AML/CFT framework, such as Europol, the Authority should coordinate the conduct of joint analyses by FIUs and make available to FIUs IT and artificial intelligence services and tools for secure information sharing, including through hosting of FIU.net.
Amendment 54 #
2021/0240(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) With the objective to strengthen AML/CFT rules at Union level and to enhance their clarity while ensuring consistency with international standards and other legislation, it is necessary to establish the coordinating role of the Authority at Union level in relation to all types of obliged entities to assist national supervisors and promote supervisory convergence, in order to increase the efficiency of the implementation of AML/CFT measures, also in the non- financial sector. The authority’s coordinating role is also necessary to ensure cohesion and avoid duplication of tasks with other EU institutions, offices, bodies and agencies involved in the AML/CFT framework. Consequently, the Authority should be mandated to prepare regulatory technical standards, to adopt guidelines, recommendations and opinions with the aim that where supervision remains at national level, the same supervisory practices and standards apply in principle to all comparable entities. The Authority should be entrusted, due to its highly specialised expertise, with the development of a supervisory methodology, in line with a risk-based approach. Certain aspects of the methodology, which can incorporate harmonised quantitative benchmarks, such as approaches for classifying the inherent risk profile of obliged entities should be detailed in directly applicable binding regulatory measures – regulatory or implementing technical standards. Other aspects, which require wider supervisory discretion, such as approaches to assessing residual risk profile and internal controls in the obliged entities should be covered by non-binding guidelines, recommendations and opinions of the Authority. The harmonised supervisory methodology should take due account of, and where appropriate, leverage the existing supervisory methodologies relating to other aspects of supervision of the financial sector obliged entities, especially where there is interaction between AML/CFT supervision and prudential supervision. Specifically, the supervisory methodology to be developed by the Authority should be complementary to guidelines and other instruments developed by the European Banking Authority detailing approaches of prudential supervisory authorities with respect to factoring ML/TF risks in prudential supervision, in order to ensure effective interaction between prudential and AML/CFT supervision.
Amendment 58 #
2021/0240(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to analyse suspicious activity affecting multiple jurisdictions, the relevant FIUs that received linked reports should be able to efficiently conduct joint analyses of cases of common interest. To this end, the Authority should be able to propose, coordinate and support with all appropriate means the joint analyses of cross-border suspicious transactions or activities. The joint analyses should be triggered where there is a need to conduct just such joint analyses pursuant to the relevant provisions in Union law. Upon the explicit consent ofApart from explicit objection by the FIUs participating in the joint analyses, the staff of the Authority supporting the conduct of joint analyses should be able to receive and process all necessary data and information, including the data and information pertaining to the analysed cases. In order to collect all relevant information in an early stage of the joint analysis and to understand the underlying criminal context, the involvement of Europol in the joint analysis may also be solicited.
Amendment 60 #
2021/0240(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to improve the effectiveness of the joint analyses, the Authority should be able to initiate reviews ofdevelop methods, and procedures andfor the conduct of the joint analyses, . It shall also review these methods and procedures with the aim of determining the lessons learnt and of improving and promoting these analyses. The feedback on the joint analysis should enable the authority to issue conclusions and recommendations which would ultimately lead to the regular refinement and improvement of the methods and procedures for the conduct of joint analyses.
Amendment 61 #
2021/0240(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to facilitate and improve cooperation between FIUs and the Authority, including for the purposes conducting joint analyses, the FIUs should be able to delegate one staff member per FIU to the Authority on a voluntary basis. The national FIU delegates should support the Authority’s staff in carrying out all the tasks relating to FIUs, including the conduct of joint analyses and the preparation of threat assessments and strategic analyses of money laundering and terrorist financing threats, risks and methods. Apart from the joint analyses, the Authority should encourage and facilitate various forms of mutual assistance between FIUs, including training and staff exchanges in order to improve capacity building and enable the exchange of knowledge and good practices amongst FIUs.
Amendment 62 #
2021/0240(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) In order to ensure a close cooperation with Union law enforcement and to avoid duplication of efforts between the Authority and Europol, the working arrangement between both organisations should ensure the possibility for each of them of having a liaison officer stationed at the premises of the other entity.
Amendment 63 #
2021/0240(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to establish consistent, efficient and effective supervisory and FIU-related practices and ensure common, uniform and coherent application of Union law, the Authority should be able to issue guidelines and recommendations addressed to all or category of obliged entities and all or a category of supervisory authorities and FIUs. The guidelines and recommendations could be issued pursuant to a specific empowerment in the applicable Union acts, or on the own initiative of the Authority, where there is a need to strengthen the AML/CFT framework at Union level. In the development of guidelines and recommendations the Authority could also draw upon expertise of other EU institutions, offices, bodies and agencies involved in the AML/CFT framework.
Amendment 67 #
2021/0240(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The Chair of the Authority should chair the General Board meetings and have a right to vote when decisions are taken by simple majority. The Commission should be a non-voting member on the General Board. Due to the complementary nature of their mandates, a representative of Europol should also be granted the status of non-voting member for the General Board in its FIU composition. To establish good cooperation with other relevant institutions, the General Board should also be able to admit other non-voting observers, such as a representative of the Single Supervisory Mechanism and of each of the three European Supervisory Authorities (EBA, EIOPA and ESMA) for the General Board in its Supervisory Composition and Europol, the EPPO and Eurojust for the General Board in its FIU composition, where matters that fall under their respective mandates are discussed or decided upon. To allow a smooth decision making process, decisions of the General Board should be taken by a simple majority, except for decisions concerning draft regulatory and implementing technical standards, guidelines and recommendations which should be taken by a qualified majority of Member State representatives in accordance with voting rules of the TFEU.
Amendment 75 #
2021/0240(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The Chair of the Authority should be appointed based on objective criteria by the Council after approval by the European Parliament. He or she should represent the Authority externally and should report on the execution of Authority’s tasks. The Chair of the Authority should be able to delegate his/her tasks relating to representation to the Vice-Chair or to a member of the Executive Board.
Amendment 81 #
2021/0240(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) The Authority should establish cooperative relations with the relevant Union agencies and bodies, including Europol, Eurojust, the EPPO, and the European Supervisory Authorities, namely the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority. To improve cross-sectoral supervision and a better cooperation between prudential and AML/CFT supervisors the Authority should also establish cooperative relations with the authorities competent for prudential supervision of financial sector obliged entities, including the European Central Bank with regard to matters relating to the tasks conferred on it by Council Regulation (EU) No 1024/201343 , as well as with resolution authorities as defined in Article 3 of Directive (EU) 2014/59/EU of the European Parliament and the Council44 and designated Deposit Guarantee Schemes authorities as defined in Article 2 (1), point 18 of Directive 2014/49/EU of the European Parliament and the Council45 . To this end, the Authority should be able to conclude agreements or memoranda of understanding with such bodies, including with regard to any information exchange which is necessary for the fulfilment of the respective tasks of the Authority and these bodies. The Authorityparties involved should make itstheir best efforts to share information with sueach bodies on their requestother, within the limits posed by legal constraints, including data protection legislation. In addition, the Authority should enable effective information exchange between all financial supervisors in the AML/CFT supervisory system and the aforementioned authorities, such cooperation and information exchanges should take place in a structured and efficient way. _________________ 43 Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63). 44 Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012 of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190). 45 Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149).
Amendment 83 #
2021/0240(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Public-private partnerships (‘PPPs’) have become increasingly important cooperation and information exchange fora between FIUs, various national supervisory and law enforcement authorities and obliged entities in some Member States and at EU and international levels. Where the Authority would act as direct supervisor of selected obliged entities which are part of a PPP in any Member State, it could be beneficial for the Authority to also participate therein, on conditions determined by the relevant national public authority or authorities that set up such PPP, and with their explicit agreement. The Authority should also participate in partnerships established across multiple Member States, such as the Europol Financial Intelligence Public Private Partnership (EFIPPP).
Amendment 84 #
2021/0240(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Considering that cooperation between supervisory, administrative and law enforcement authorities is crucial for successful combatting of money laundering and terrorism financing, and certain Union authorities and bodies have specific tasks or mandates in that area, the Authority should develop its activities in synergy with the EU authorities and bodies involved in the AML/CFT framework and make sure that it is able to cooperate well with such authorities and bodies, in particular OLAF, Europol, Eurojust, and the EPPO. If there is a need to establish specific working arrangements or conclude Memoranda of Understanding between the Authority and these bodies and authorities, the Authority should be able to do so. The arrangement should be of strategic and tcooperation with Europol shall be given particular attention given the complementarity of the tasks of the Authority, especially in its FIU coordination and support mechanical nature, should not imply sharing of any confidential or operational information in possession of the Authoritysm component, with those carried out by Europol. With the exception of Europol, where cooperation should also cover operational aspects, the arrangements should be of strategic and technical nature and should account for tasks already carried out by the other Union institutions, bodies, offices or agencies as regards the prevention of and fight against money laundering and terrorist financing. With the exception of Europol, the arrangements should not imply sharing of any confidential or operational information in possession of the Authority.
Amendment 85 #
2021/0240(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) Since both predicate offenses as well as the crime of money laundering itself often are of global nature, and given that the Union obliged entities also operate with and in third countries, effective cooperation with all the relevant third country authorities in the areas of both supervision and functioning of FIUs are crucial for strengthening the Union AML/CFT framework. Given the Authority’s unique combination of direct and indirect supervision and FIU cooperation-related tasks and powers, it should be able to take an active role in such external cooperation arrangements, without prejudice to the respective competences of the Member States, the Union institutions, offices, Bodies and Agencies. Specifically, the Authority should be empowered to develop contacts and enter into administrative arrangements with authorities in third countries that have regulatory, supervisory and FIU-related competences. The Authority’s role could be particularly beneficial in cases where the interaction of several Union public authorities and FIUs with third country authorities concerns matters within the scope of the Authority’s tasks. In such cases, the Authority should have a leadcoordinating role in facilitating this interaction. The Authority should also undertake its activities in close consultation with other EU institutions, offices, bodies and agencies in the field of AML/CFT that already have established third-country cooperation relationships.
Amendment 90 #
2021/0240(COD)
Proposal for a regulation
Article 1 – paragraph 3 – subparagraph -1 (new)
Article 1 – paragraph 3 – subparagraph -1 (new)
-1 The objectives listed in points (a), (b), (e) and (f) shall be pursued without prejudice to and in synergy with the complementary objectives of Europol, as defined in its founding Regulation.
Amendment 94 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Tasks listed at points (a), (b),(e) and (g) shall be pursued in close cooperation with Europol.
Amendment 95 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) develop appropriate methods and procedures for the conduct of such joint analyses of cross-border cases, also using the analytical expertise of other EU bodies such as Europol;
Amendment 96 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) set up, coordinate, organise and facilitate the conduct of joint analyses carried out by FIUs, taking into account analysis already carried out by other EU institutions, offices, bodies and agencies involved in the AML/CFT framework;
Amendment 97 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) develop and make available to FIUs' and connected third parties' IT and artificial intelligence services and tools for secure information sharing, including by hosting FIU.net;
Amendment 98 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point h a (new)
Article 5 – paragraph 5 – point h a (new)
(ha) Support and promote the interaction and information dissemination of FIUs with/to law enforcement agencies in general and Europol in particular;
Amendment 99 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point h b (new)
Article 5 – paragraph 5 – point h b (new)
(hb) Develop, support and promote processes for FIUs to efficiently and pro- actively detect and handle terrorist financing cases, involving also Europol intelligence;
Amendment 100 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point i
Article 5 – paragraph 5 – point i
(i) in cooperation with Europol, prepare and coordinate threat assessments, strategic analyses of money laundering and terrorism financing threats, risks and methods identified by FIUs.
Amendment 101 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. For the purpose of carrying out the tasks conferred on it by this Regulation, the Authority shall apply or take into consideration all relevant Union law, and where this Union law is composed of Directives, the national legislation transposing those Directives. Where the relevant Union law is composed of Regulations and where currently those Regulations explicitly grant options for Member States, the Authority shall apply also the national legislation exercising those options.
Amendment 102 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. With respect to FIUs in the Member States and other EU institutions, offices, bodies and agencies involved in the AML/CFT framework, the Authority shall have the following powers:
Amendment 103 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) to collect information and statistics in relation to the tasks and activities of the FIUs and other EU institutions, offices, bodies and agencies involved in the AML/CFT framework with which the Authority is cooperating;
Amendment 104 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) to obtain and, process and match information and data required for the initiation and coordination of joint analyses as specified in Article 33;
Amendment 105 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) to issue guidelines and recommendations. with the input, when relevant, from other EU institutions, offices, bodies and agencies involved in the AML/CFT framework.
Amendment 106 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) to issue guidelines and recommendations, as provided in Article 43 with the input, when relevant, from other EU institutions, offices, bodies and agencies involved in the AML/CFT framework;
Amendment 107 #
2021/0240(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the scope and Union-wide relevance of thematic reviews justify coordination at Union level, they shall be carried out jointly by the relevant supervisory authorities and shall be coordinated by the Authority. The General Board in supervisory composition shall draw up a list of joint thematic reviews. The General Board in supervisory composition shall draw up a report relating to the conduct, subject-matter and outcome of each joint thematic review. The Authority shall publish that reporshare this report with the other EU institutions, offices, bodies and agencies involved in the AML/CFT framework and publish it on its website.
Amendment 108 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall establish and keep up to date a central database of information collected pursuant to paragraph 2. The Authority shall analyse the information received, also making use, if relevant, of information from Europol in accordance with Regulation 2016/794 and ensure that ithis analysis is made available to supervisory authorities and other EU institutions, offices, bodies and agencies involved in the AML/CFT framework on a need-to-know and confidential basis. The Authority may share the results of its analysis on its own initiative with supervisory authorities for the purposes of facilitating their supervisory activities.
Amendment 117 #
2021/0240(COD)
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. The Authority shall refer matters for criminal prosecution to the relevant national authorities where, in carrying out its duties under this Regulation, it finds that there are serious indications of the possible existence of facts liable to constitute criminal offences. When two or more Member States are involved in facts liable to constitute criminal offences, the Authority shall consider sharing this information with Europol. In addition, the Authority shall refrain from imposing administrative pecuniary sanctions or periodic penalty payments where a prior acquittal or conviction arising from identical facts, or from facts which are substantially the same, has acquired the force of res judicata as the result of criminal proceedings under national law.
Amendment 118 #
2021/0240(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions of the Authority imposing an administrative pecuniary sanction or a periodic penalty payment. It may annul, reduce or increase the fine or periodic penalty payment imposed, as well as order compensation.
Amendment 132 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where, pursuant to Article 25 of [OP please insert the next number to the AMLD, COM(2021)423], a FIU of a Member State identifies a potential need to conduct a joint analysis with one or several FIUs in other Member States, it shall notify the Authority thereof. The Authority may also propose itself the initiation of joint analyses. The Authority shall inform the FIUs in all the relevant Member States and Europol and invite them to take part in the joint analysis within five days of the initial notification. To this end, the Authority shall use secured channels of communication. The FIUs in all the relevant Member States and Europol shall consider taking part in the joint analysis. The Authority shall ensure that the joint analysis is launched within 20 days of the initial notification.
Amendment 134 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. The Authority shall support and be responsible for the coordination of the conduct of the analyses. The Authority shall also develop methods and procedures for the conduct of joint analyses.
Amendment 135 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Any FIU that declines to participate in the conduct of the joint analysis shall provide the reasons thereof in writing to the Authority, within five days of the receipt of the invitation. TIn case the proposal to initiate a joint analysis originated from an FIU, the Authority shall provide such explanation without delay to the FIU having identified the need for a joint analysis.
Amendment 136 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. In order to bring together all relevant information in an early stage of the joint analysis, the joint analysis should encompass by default the matching of subject-matter data against Europol databases and vice versa.
Amendment 137 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Upon explicit consentApart from an explicit and duly motivated objection from the side of the FIUs participating in the joint analysis, the staff of the Authority supporting the joint analysis shall be granted access to all the data pertaining to the subject-matter of the joint analysis and shall be able to process those data. The same principle would apply when Europol would also be given access to part or all of the data.
Amendment 140 #
2021/0240(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The FIUs that participated or were otherwise involved in one or more joint analyses as well as Europol may provide their feedback on the conduct of the analysis, including feedback on the operational support provided by the Authority in the process of the joint analysis, as well as feedback on the outcome of the analysis working methods and arrangements in place, the tools available and the coordination between the participating FIUs. The feedback may be labelled as confidential, in which case it will not be shared with other FIUs.
Amendment 141 #
2021/0240(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The FIU of each Member State mayshall delegate one staff member to the Authority. The national FIU delegate shall have his or her regular place of work at the seat of the Authority.
Amendment 143 #
2021/0240(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The Authority shall ensure uninterrupted functioning of the FIU.net and keep it and up to date. Where necessary to support or strengthen the exchange of information and cooperation between the FIUs and other entities authorized to have access to FIU.net and based on the needs of FIUs, the Authority shall design and implement, or otherwise make available, upgraded or additional functionalities of FIU.net.
Amendment 144 #
2021/0240(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The Authority shall, where appropriate, conduct open public consultations regarding the guidelines and recommendations which it issues and analyse the related potential costs and benefits of issuing such guidelines and recommendations. Those consultations and analyses shall be proportionate in relation to the scope, nature and impact of the guidelines or recommendations. Where the Authority does not conduct open public consultations, the Authority shall provide its reasons. The Authority will also, when relevant, consult other EU institutions, offices, bodies and agencies involved in the AML/CFT framework to produce such guidelines and recommendations.
Amendment 146 #
2021/0240(COD)
Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 3
Article 43 – paragraph 3 – subparagraph 3
If required by that guideline or recommendation, obliged entities shall report, in a clear and detailed way, whether they comply with that guideline or recommendation and, in case of non- compliance, they should provide reasons thereof.
Amendment 148 #
2021/0240(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The request referred to in paragraph 1 may include a public consultation or a technical analysis and may also involve the consultation of other EU institutions, offices, bodies and agencies involved in the AML/CFT framework.
Amendment 153 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 3 – point c a (new)
Article 46 – paragraph 3 – point c a (new)
(ca) A representative of Europol without the right to vote.
Amendment 154 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. The General Board may decide to admit observers. In particular, the General Board in FIU composition shall admit as an observer a representative of OLAF, Europol, Eurojust and the EPPO to meetings when matters fall under their respective mandates. The General Board in supervisory composition shall admit a representative nominated by the Supervisory Board of the European Central Bank and a representative of each of the European Supervisory Authorities, where matters within the scope of their respective mandates are discussed. The General Board in both compositions may also decide to invite relevant domestic and international organisations and members of the academia of recognised standing to its meetings on an ad-hoc basis.
Amendment 156 #
2021/0240(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
The General Board, on its own initiative or at the request of the Chair of the Authority, may establish internal committees for specific tasks attributed to it. The General Board may provide for the delegation of certain clearly defined tasks and decisions to internal committees, to the Executive Board or to the Chair. The General Board may revoke such delegation at any time. All decisions of the internal committees shall have to be endorsed by the General Board in order to be valid.
Amendment 167 #
2021/0240(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Chair of the Authority shall be selected on the basis of merit, skills, knowledge, recognised standing and experience in the area of anti-money laundering and countering the financing of terrorism, high-level experience in international cooperation and other relevant qualification, following an open selection procedure which shall be published in the Official Journal of the European Union. The Commission shall draw up a shortlist of twohree qualified candidates for the position of the Chair of the Authority. The European Parliament shall hear the candidates in front of its responsible Committee(s). The Council, after approval by the European Parliament, shall adopt an implementing decision to appoint the Chair of the Authority.
Amendment 170 #
2021/0240(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. If the Chair of the Authority no longer fulfils the conditions required for the performance of his or her duties or has been guilty of serious misconduct, the Council may, following a proposal by the General Board in either composition, and after consultation of the European Parliament, adopt an implementing decision to remove the Chair of the Authority from office. The Council shall act by qualified majority.
Amendment 171 #
2021/0240(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Should the Chair resign or, be unable to attend to his or her dutiesdismissed or leave his/her position for any other reason, the functions of the Chair shall be performed by the Vice- Chairposition shall immediately be filled in accordance with the procedure set out in paragraph 1.
Amendment 172 #
2021/0240(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Chair of the Authority shall represent the Authority and shall be responsible for preparing the work of the General Board and the Executive Board, including setting the agenda, convening and chairing all the meetings and tabling items for decision. The Chair of the Authority may delegate his/her tasks relating to representation to the Vice- Chair or to a member of the Executive Board.
Amendment 176 #
2021/0240(COD)
Proposal for a regulation
Article 59 – paragraph 1 – introductory part
Article 59 – paragraph 1 – introductory part
1. The Executive Director shall be in charge of the day-to-day management of the Authority and shall aim to ensure gender and geographical balance within the Authority. In particular, the Executive Director shall be responsible for:
Amendment 178 #
2021/0240(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. The Authority shall submit on an annual basis to the European Parliament, to the Council, and to the Commission a report on the execution of the tasks conferred on it by this Regulation, including information on the planned evolution of the structure and amount of the supervisory fees referred to in Article 66, the outcome of joint analyses, the issuing and implementation of guidelines and recommendations and the measures on access to documents in application of Regulation (EC) No 1049/2001. The Chair of the Authority shall present that report in public to the European Parliament.
Amendment 183 #
2021/0240(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. When drafting guidelines and recommendations in accordance with Article 43, having a significant impact on the protection of personal data, the Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679, with special attention to avoiding duplication, inconsistencies and legal uncertainty in the sphere of data protection.
Amendment 185 #
2021/0240(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
Where relevant for the fulfilment of the tasks referred to in Sections 3 and 6 of Chapter II, the Authority may participate in existing cooperation arrangements established in one or across several Member States by supervisory authorities or FIUs, FIUs or other EU institutions, offices, bodies and agencies involved in the AML/CFT framework, where such arrangements involve, inter alia, cooperation and information exchange between the aforementioned authorities and selected obliged entities. PIn case of national partnerships, participation of the Authority shall be subject to consent of the relevant national authority that has established such arrangement. The Authority shall also participate at an appropriate level in partnerships established across multiple Member States.
Amendment 187 #
2021/0240(COD)
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
1. The Authority mayshall conclude working arrangements with Union institutions, Union decentralised agencies and other Union bodies, acting in the field of law enforcement and judicial cooperation. Those working arrangements may be of a strategic or technical nature, and shall in particular aim to facilitate cooperation and the exchange of information between the parties thereto. The working arrangements shall neitherRegarding the Coordination and Support Mechanism for EU FIUs of the Authority, the working arrangements shall ensure the mutual involvement in strategic projects carried out by the FIU coordination and support mechanism and other Union bodies involved in the AML/CFT framework, in particular Europol. With the exception of the working arrangement with Europol, the working arrangements shall not form the basis for allowing the exchange of personal data nor. The working arrangements shall not bind the Union or its Member States.
Amendment 189 #
2021/0240(COD)
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. The Authority shall establish and maintain a close relationship with OLAF, Europol, Eurojust, and the EPPO. To that end, the Authority shall conclude separate working arrangements with OLAF, Europol, Eurojust, and the EPPO setting out the details of their cooperation. TWith the exception of the working arrangement with Europol, which shall cover operational and strategic information, the relationship shall aim in particular to ensure the exchange of strategic information and trends in relation to money laundering and terrorist financing threats facing the Union.
Amendment 191 #
2021/0240(COD)
Proposal for a regulation
Article 81 – paragraph 1
Article 81 – paragraph 1
1. In order to achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the Union institutions, bodies agencies and offices, the Authority may develop contacts and enter into administrative arrangements with AML/CFT authorities in third countries that have regulatory, supervisory and FIU- related competences in the field of anti- money laundering and counter terrorism financing as well as with international organisations and third- country administrations. Those arrangements shall not create legal obligations in respect of the Union and its Member States nor shall they prevent Member States and their competent authorities from concluding bilateral arrangements with those third countries.
Amendment 192 #
2021/0240(COD)
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. In cases where the interaction of several Union public authorities and FIUs with third country authorities concerns matters falling within the scope of the Authority’s tasks as defined in Article 5, the Authority shall have a leadcoordinating role in facilitating such interaction where necessary, in close cooperation with other EU institutions, offices, bodies and agencies involved in the AML/CFT framework that have regular interactions with third-country authorities. This role of the Authority shall be without prejudice to the regular interactions by competent authorities with third-country authorities.
Amendment 193 #
2021/0240(COD)
Proposal for a regulation
Article 82 – paragraph 5
Article 82 – paragraph 5
5. The Executive Board shall adopt practical measures for applying Regulation (EC) No 1049/2001 and the rules regarding disclosure of information relating to supervisory procedures. The Authority shall include in its annual report foreseen in Article 72 a detailed section on the implementation of the Regulation for the preceding year.
Amendment 195 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 1 – introductory part
Article 88 – paragraph 1 – introductory part
1. By 31 December 20298, and every five years thereafter, the Commission shall assess the Authority’s performance in relation to its objectives, mandate, tasks and location(s), in accordance with the Commission's guidelines. The evaluation shall, in particular, address:
Amendment 196 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 1 – point c
Article 88 – paragraph 1 – point c
(c) the impact of the activities related to support and coordination of FIUs, and in particular the coordination of the joint analyses of cross-border activities and transactions conducted by FIUs and the successful follow up to those joint analyses in preventing and combating ML and TF;
Amendment 130 #
2021/0170(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The precautionary principle is a fundamental principle forSince the cooperation between market surveillance authorities and custom authorities is key in order to avoid unsafe products ensutering the safety of products and consumers and should therefore be taken into due account by all relevant actors when applying this Regulation.ingle market, more financial and human resources for these authorities are needed in order to properly fulfil their tasks;
Amendment 132 #
2021/0170(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a productsafety, hazards associated with the product, like physical and mechanical resistance, flammability, chemical, electrical or biological properties, hygiene and radioactivity, should be taken into consideration in the application of this Regulation in as much as it cansuch hazards also ultimately result in a risk to the health and safety of consumers. _________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
Amendment 139 #
2021/0170(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are presented as to be repaired or to be refurbished. Consumer to consumer activities do not fulfil the commercial activity requirement and should therefore be excluded from this legislation.
Amendment 144 #
2021/0170(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) New technologies might also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics.
Amendment 149 #
2021/0170(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Digital items that are linked to a product are also products, even if they are not a tangible item and they should therefore fall under the scope of application of this Regulation.
Amendment 151 #
2021/0170(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) In order for economic operators that are SMEs and micro-businesses to be able to cope with the new obligations imposed by this Regulation, the Commission should provide them with practical guidelines and tailored guidance, for example a direct channel to connect to experts in case of questions. The Commission might also consider simplifications in order to limit their administrative burden.
Amendment 152 #
2021/0170(COD)
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24b) The obligations of economic operators should be as less of an administrative burden as possible and some of the obligations should be limited to products with a potential serious risk. If digital consumer information tools are available, the economic operators should be allowed to make use of them to ensure a sustainable way of information. However, upon request of the consumer, the relevant information should also be provided free of charge on paper.
Amendment 159 #
2021/0170(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They could also be considered as economic operators if they are the manufacturer, importer, distributor or a fulfilment service provider of the respective product.
Amendment 162 #
2021/0170(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Given the important role played by online marketplaces when intermediating the sale of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the responsibility and accountabilityduties of providers of intermediary services online with regard to illegal contents, including unsafe products. That. Lex specialis Article 20 of this Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulationin the Digital Services Act in order to effectively tackle the sale of dangerous products online. _________________ 29 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') - OJ L 178, 17.7.2000, p. 1–16. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 165 #
2021/0170(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The PHowever, the progress reports on the implementation of the product Ssafety Ppledge has proved its rationale in enhancing theve outlined a lack of progress in some of the voluntary commitments on product safety and therefore the aim of protection ofng consumers against dangerous products sold online. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level- playing field could not be successfully reached by this pledge until now.
Amendment 167 #
2021/0170(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Online marketplaces should act with due care in relation to the content hostsafety of products placed on their online interfaces that concerns safety of products, in accordance with the specific obligations laid down in this Regulation. Accordingly, due diligence obligations for all online marketplaces should be established in relation to the content hosted on their online interfaces that concerns safety of products and at the same time administrative burden should be kept to a minimum in order to allow for a level- playing field.
Amendment 174 #
2021/0170(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) TAs specific monitoring obligations, the obligations imposed by this Regulation on online marketplaces should neitherot amount to a general obligation to monitor the information whichen they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, expeditiously products are checked with "Safety Gate" before placing them on their website. Online marketplaces should also avoid the reappearing of unsafe products on their interfaces and to remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.
Amendment 176 #
2021/0170(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Even where tThe Safety Gate should be modernised and updated in order to make it easier for the economic operators and online marketplaces to detect unsafe products. The information from the Safety Gate does notshould contain an exact uniform resource locator (URL) and, where necessary, additional information enabling the identification of the illegal content concernedunsafe product. Additionally, online marketplaces should nevertheless take into account the transmitted information, such as product identifiers, when available, and other traceability information, in the context of any measures adopted by online marketplaces on their own initiative aiming at detecting, identifying, removing or disabling access to dangerous products offered on their marketplace, where applicable.
Amendment 178 #
2021/0170(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider in particular consumer organisations and, associations representing consumers’ interest and other relevant stakeholders, upon their request, as trusted flaggers, provided that the conditions set out in that article have been met.
Amendment 181 #
2021/0170(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. Such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.
Amendment 195 #
2021/0170(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) Market surveillance authorities should carry out mystery shopping on a regular basis, at least once a year, including on online marketplaces and in particular on products that have been mostly listed on the Safety Gate.
Amendment 196 #
2021/0170(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) The Union rapid information system (RAPEX) has proved its effectiveness and efficiency. It enablesneeds to be updated and modernised in order to enable more efficient corrective measures to be taken across the Union in relation to products that present a risk beyond the territory of a single Member State. It is opportune, though, to change the used abbreviated name from RAPEX to Safety Gate for greater clarity and better outreach to consumers. Safety Gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the Commission can exchange information on such products, a web portal to inform the public (Safety Gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (Safety Business Gateway). Additionally it has to provide an interoperable interface to enable online marketplaces to check the products on their website with the products listed on Safety Gate in an easy, quick and reliable way.
Amendment 204 #
2021/0170(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Market surveillance authorities mightshould carry out joint activities with other authorities or organisations representing economic operators or end users, with a view to promoting safety of products and identifying dangerous products, including those that are offered for sale online. In doing so the market surveillance authorities and the Commission, as appropriate, should ensure that the choice of products and producers as well as the activities performed does not create situations which might distort competition or affect the objectivity, independence and impartiality of the parties.
Amendment 205 #
2021/0170(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety. In particular and therefore should be conducted on a regular basis to detect online and offline infringements to this Regulation. Additionally, sweeps should be conducted where market trends, consumer complaints or other indications suggest that certain product categories are often found to present a serious risk.
Amendment 225 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) equipment on which consumers ride or travel which is not driven by the consumer themselves but operated by a service provider within the context of a service provided to consumers;
Amendment 226 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 (new)
Article 2 – paragraph 2 – subparagraph 1 (new)
(j) consumer to consumer activities, in which the consumers are selling used or self-made products to other consumers and therefore not fulfil the commercial activity requirement;
Amendment 227 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 232 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any tangible or intangible item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
Amendment 236 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
Amendment 245 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;
Amendment 259 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Where the presumption of safety laid down in Article 56 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:
Amendment 265 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, including the age labelling of products regarding their suitability of legality for children, and older people and persons with disabilities;
Amendment 266 #
2021/0170(COD)
(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics and may therefore be placed in the mouth, sucked or ingested by the consumer, especially by children, and which might cause, for example, suffocation, poisoning, the perforation or obstruction of the digestive tract;
Amendment 284 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. For digital connected products likely to impact children, manufacturers shall conduct a child risk assessment ensuring their products meet the highest standards of safety, security and privacy by design.
Amendment 286 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Manufacturers shall investigate the complaints received that concern products they made available on the market, and which have been identified as dangerous by the complainant, and shall keep a register of these complaints as well as of product recalls.
Amendment 288 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, like a customer service, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product.
Amendment 295 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers shall keepinform distributors, importers and, online marketplaces and fulfilment service providers in the concerned supply chain informedwithout undue delay of any safety issue that they have identified.
Amendment 300 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. Manufacturers shall draw up technical documentation of the product that might present a serious risk. The technical documentation shall contain, as appropriate:
Amendment 305 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep the technical documentation according to paragraph 4, for a period of ten years after the product has been placed on the market and make it available to the market surveillance authorities, upon request.
Amendment 308 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a digital document accompanying the product. Upon request of the consumer, it should be made available on paper and free of charge.
Amendment 322 #
2021/0170(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) where they have a reason to believe that a product in question presents a risk, inform the manufacturer and additionally, if necessary, the importer, the distributor and the fulfilment service provider without undue delay;
Amendment 327 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5 and Article 8(4), (6) and (7), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and ensure that the market surveillance authorities are informedwithout undue delay.
Amendment 341 #
2021/0170(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 355 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Economic operators shall be established in the EU or have a representative person in the EU in order to place a product covered by this Regulation on the single market, therefore the Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 applicable to harmonised products shall also apply to products covered by this Regulation. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.
Amendment 360 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing of randomly chosen productscategories of products listed most frequently on the Safety Gate made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 363 #
2021/0170(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 369 #
2021/0170(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. TIn cooperation with relevant stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 41 six months after the entry into force of this Regulation at the latest to supplement this Regulation by:
Amendment 376 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) information to identify the product, including its type and, when available, batch or serial number and any other product identifier;
Amendment 379 #
2021/0170(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident caused by aresulting in severe injuries or serious danger to life which was caused by a defect of the product placed or made available on the market is notified, within two working dout undue delays from the moment it knows about the facts of the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
Amendment 383 #
2021/0170(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The importers and the distributors which have knowledge of an accident according to paragraph 1 caused by a product that they placed or made available on the market shall inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notification, without undue delay.
Amendment 410 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. As far as powers conferred by Member States in accordance to Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by this Regulation, to order an online marketplace to remove specific illegal content referring to a dangerous product from its online interface, to disable access to it or to display an explicit warning to end users when they access it and to avoid its reappearance. Such orders shall contain a clear statement of reasons and specify one or more exact uniform resource locators and, where necessary, all available additional information enabling the identification of the illegal content concerneddangerous product concerned ideally without further research. They may be transmitted by means of the Safety Gate portal.
Amendment 412 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any even. If the information provided by the market surveillance authorities contains enough details to identify the dangerous product immediately, the online marketplaces shall act within 24 hours. If online marketplaces have to carry out additional research in order to identify the product, then it shall act within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 417 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gatecreate a connection to the Safety Gate, through for example an application programme interface, that enables them to quickly and efficiently check the Safety Gate before placing products on their websites and to receive alerts that a product has been notified in the system and therefore ensures that products offered for sale are safe. They shall inform the authority of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 419 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within fivetwo working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
Amendment 433 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point a
Article 20 – paragraph 6 – point a
(a) cooperating to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and publishing the recall notice on their website;
Amendment 435 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous products while respecting sensitive business information;
Amendment 438 #
2021/0170(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. Market surveillance authorities shall carry out mystery shopping including on online shopping marketplaces, on a regular basis in order to particularly check the safety of product categories that are most frequently flagged on the Safety Gate;
Amendment 441 #
2021/0170(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission shall further develop and maintain aodernise the rapid alert system for the exchange of information on corrective measures concerning dangerous products (‘the Safety Gate’), as well as enhance its efficiency, in particular by providing a interoperable interface for online marketplaces to link their website with the Safety Gate, so that they can easily, quickly and reliably check products and product categories.
Amendment 444 #
2021/0170(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The Commission shall adopt implementing acts specifying the interoperable interface on the Safety Gate according to Art. 23 para. 1, in particular concerning the access to the system and its operation. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
Amendment 446 #
2021/0170(COD)
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
The notification shall be submitted in the Safety Gate within twofour working days from the adoption of the corrective measure.
Amendment 452 #
2021/0170(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall maintain an easy-accessible web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19.
Amendment 467 #
2021/0170(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Market surveillance authorities may decide toshall conduct simultaneous coordinated control actions (“sweeps”) of particular product categories ton a regular basis, at least once a year, in which they check compliance with or to detect online and offline infringements to this Regulation.
Amendment 477 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings. Taking due account of data protection, online marketplaces shall help economic operators in case they have sold the respective product on their marketplace to obtain the specific customer data needed in order to perform an efficient recall.
Amendment 481 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. If not all affected consumers can be contacted directly even not with the help of the online marketplaces according to paragraph 1 of this Article, economic operators, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities.
Amendment 495 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 8 a (new)
Article 40 – paragraph 8 a (new)
8a. where the penalties cover only a low amount.
Amendment 499 #
2021/0170(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
It shall apply from [612 months after the entry into force of this Regulation].
Amendment 62 #
2021/0114(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should take into account the positive effects of the foreign subsidy on the development of the relevant subsidised economic activity. The Commission should weigh these positive effects against the proven negative effects of a foreign subsidy in terms of distortion on the internal market in order to determine, if applicable, the appropriate redressive measure or accept commitments. The balancing may also lead to the conclusion that no redressive measures should be imposed. Categories of foreign subsidies that are deemed most likely to distort the internal market are less likely to have more positive than negative effects.
Amendment 66 #
2021/0114(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Furthermore, where necessary to restore competition in the internal market immediately and to prevent irreparable harm, the Commission should have the power to adopt temporary interim measures.
Amendment 67 #
2021/0114(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In all cases where, as a result of the preliminary review, the Commission has sufficient indications of the existence of a foreign subsidy distorting the internal market, the Commission should have the power to launch an in-depth investigation to gather additional relevant information to assess the foreign subsidy, and to. It should inform the undertaking and Member States concerned about this fact and allow the interested parties to exercise their rights of defence.
Amendment 73 #
2021/0114(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Below the notification thresholds, the Commission cshould require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
Amendment 86 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – point ii
Article 2 – paragraph 2 – point a – point ii
(ii) the foregoing of revenue that is otherwise due; or
Amendment 88 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – point ii a (new)
Article 2 – paragraph 2 – point a – point ii a (new)
(ii a) inadequately remunerated special or exclusive rights; or
Amendment 96 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the level and evolution of economic activity of the undertaking concerned on the internal market;
Amendment 102 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the proven negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity.
Amendment 104 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) The Commission shall take into account the balancing between the proven negative and positive effects when deciding whether to impose redressive measures or to accept commitments, and the nature and level of those redressive measures or commitments.
Amendment 109 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) Commitments or redressive measures shall fully and effectively remedy the distortion actually or potentially caused by the foreign subsidy in the internal market.
Amendment 110 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures may inter alia consist of the following:
Amendment 111 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) The Commission may impose reporting and transparency requirements and follow-up on them.
Amendment 112 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shall accept such repayment as commitment ifonly where it can ascertain that the repayment is transparent and effective, effective and adequately remedies the actual distortion caused, while taking into account the risk of circumvention.
Amendment 115 #
2021/0114(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission may on its own initiative examine information from any source, including Member States and undertakings or their professional associations, regarding alleged distortive foreign subsidies.
Amendment 118 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) inform the undertaking and Member States concerned; and
Amendment 120 #
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 and Member States concerned.
Amendment 122 #
2021/0114(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
The Commission may take temporary interim measures, where:
Amendment 128 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) to enter any premises , land land means of transport of the undertaking concerned;
Amendment 130 #
2021/0114(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to carry out the duties assigned to it by this Regulation, the Commission may conduct inspections in the territory of a third country, provided that the undertaking concerned has given its consent and the government of the third country has been officially notified and has agreed to the inspection. Article 12(1), (2), and (3) points (a) and (b) shall apply by analogy.
Amendment 132 #
2021/0114(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
(1) The Commission may impose by decision fines and periodic penalty payments where an undertaking concerned or an association of undertakings concerned, intentionally or negligently:
Amendment 137 #
2021/0114(COD)
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
Article 15 – paragraph 5 – introductory part
(5) Where an undertaking or association of undertakings concerned does not comply with a decision with commitments pursuant to Article 9(3), a decision ordering interim measures pursuant to Article 10 or a decision imposing redressive measures pursuant to Article 9(2), the Commission may impose by decision:
Amendment 146 #
2021/0114(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
(4) If the undertakings concerned fail to meet their obligation to notify, the Commission mayshall review a notifiable concentration in accordance with this Regulation by requesting the notification of that concentration. In that case the Commission shall not be bound by the time limits referred to in Article 23(1) and (4).
Amendment 148 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated total value of that public procurement is equal or greater than EUR 250 million.
Amendment 152 #
2021/0114(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
(1) A financial contribution notified in the context of a concentration under Article 19 may be relevant and assessed again under this Regulation in relation to another economic activity.
Amendment 153 #
2021/0114(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
(2) A financial contribution notified in the context of a public procurement procedure under Article 28 may be relevant and assessed again under this Regulation in relation to another economic activity.
Amendment 76 #
2020/2220(INL)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas in certain Member States the ballot papers containing the list of candidates for the elections to the European Parliament may be misleading, since political parties or coalitions are allowed in certain territories within a single national constituency to indicate on the ballot paper only the names of certain candidates and alternates and to indicate a name, acronym or symbol other than that of the political party or coalition; whereas this situation is contrary to the most elementary requirements of transparency and democracy in elections;
Amendment 230 #
2020/2220(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that ballot papers containing the list of candidates for the elections to the European Parliament must not under any circumstances be misleading or deceptive as to the candidate actually voted for; rejects allowing political parties or coalitions in certain areas within a single national constituency to indicate on the ballot paper only the names of certain candidates and substitutes, or to indicate a name, acronym or symbol other than that of the political party or coalition; proposes that the ballot paper for each candidate may not be different within the same national constituency;
Amendment 594 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 17 – paragraph 2 – subparagraph 1 a (new)
Annex to the motion for a resolution – Article 17 – paragraph 2 – subparagraph 1 a (new)
The ballot papers for each candidacy may not be different within the same national constituency.
Amendment 595 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 17 – paragraph 2 – subparagraph 1 b (new)
Annex to the motion for a resolution – Article 17 – paragraph 2 – subparagraph 1 b (new)
The ballot papers of electoral coalitions shall contain the following information: the name, acronym and symbol of the coalition presenting the candidacy and the complete list of the names of the candidates and alternates, in the order in which they are to be placed.
Amendment 1 #
2020/2133(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the Treaty on European Union (TEU), in particular Articles 9 and 10, 15(3)3, 14, 15,16 and 17(3) thereof,
Amendment 2 #
2020/2133(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the special report 13/2019 of the European Court of Auditors on the ethical frameworks of the audited EU institutions
Amendment 5 #
2020/2133(INI)
Motion for a resolution
Citation 13
Citation 13
— having regard to the recommendations of Transparency Intthe Organisation for Economic Co-Opernational and Development (OECD), the Council of Europe’´s Group of States against Corruption (GRECO), and the Organisation for Economic Co-operation and Development (OECD)various NGO´s,
Amendment 7 #
2020/2133(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the TEU stipulates that ‘the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies and agencies’; whereas this implies that public decisions are taken in the interest of the common good and notthat conflicts of interests - which occur, according to the definancial power of individual actors; ition of the OECD "when an individual or a corporation (either private or governmental) is in a position to exploit his or their own profession or official capacity in some way for personal or corporate benefit" - should be avoided in the legislative process and whereas any definition of conflict of interest has a contextual and evolving nature and full transparency does not necessarily guarantee the absence of any conflict of interest, nor does it guarantee that public trust will be won or decreased;
Amendment 10 #
2020/2133(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the Treaties have established a system of division of powers between the institutions of the Union that assigns to each institution its own role within the institutional structure of the Union and in the performance of the tasks entrusted to it;
Amendment 15 #
2020/2133(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the European Court of Auditors has stated in its special report 13/2019 1a on the ethical framework of the EU that Parliament, Council and Commission "have to a large extent adequate ethical frameworks in place for both staff and Members". _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/SR19_13/SR_ethical_frameworks _EN.pdf
Amendment 18 #
2020/2133(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas nevertheless the enforcement of the ethical framework could be improved;
Amendment 22 #
2020/2133(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the shortcomings of the current EU ethics framework derive largely from the fact that it relies on a self-regulatory approach and lacks adequate human and financial resources and competences to verify informany further evolution of the EU ethics framework must have a clear legal basis while respecting the separation of powers as laid down in the Treationes;
Amendment 24 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
Amendment 27 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, as a consequence, multiple cases of unethical conduct and their inadequate handling by the EU institutions have harmed every incidence of unethical behaviour can endanger the trust which European citizens place in the EU institutions;
Amendment 32 #
2020/2133(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the current ethics standards frameworks appearse to be highly fragmented, with different rules in different institutions, creating a complex system which is difficult for both EU citizens and for those who have to respect the rules to understandailored according to the specificities of each European institutions;
Amendment 35 #
2020/2133(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the balance of powers assigned to the institutions is a fundamental guarantee afforded by the Treaty to European citizens;
Amendment 36 #
2020/2133(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Meroni doctrine developed by the Court of Justice of the European Union (CJEU) allows for the delegation of EU institutions’ competences to external bodies; under strict conditions; whereas according to the court any delegation of competences must be limited and can only relate to clearly defined executive powers, the use of which must be entirely subject to the supervision of the high authority and cannot concern discretionary powers involving any political judgement in order not to jeopardise the balance of powers between the institutions;
Amendment 39 #
2020/2133(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas, following the preceding considerations, the legal margin for overarching rules applied to individual institutions with a common application is very narrow;
Amendment 40 #
2020/2133(INI)
Motion for a resolution
Recital G
Recital G
Amendment 43 #
2020/2133(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Underlines that all EU institutions have to meet the highest standards of independence and impartiality while stressing each institution´s right of organisational sovereignty;
Amendment 44 #
2020/2133(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Recalls that Members of Parliament´s freedom of the mandate is in the interest of the citizens they represent;
Amendment 45 #
2020/2133(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Amendment 46 #
2020/2133(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
G d. Points out that all staff in the institutions is covered by the EU staff regulations of officials of the European Union (EUSR) and conditions of employment of other servants of the European Union (CEOS);
Amendment 47 #
2020/2133(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
G e. Recalls that the Treaty on European Union and the Treaty on the Functioning of the European Union set out a European governance framework based on the separation of powers, laying down distinct rights and obligations for each institution;
Amendment 48 #
2020/2133(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
G f. Points out that based on the principle of conferral, institutions cannot delegate by means of an interinstitutional agreement, powers which they themselves do not have, for instance where such powers are conferred by the Treaties on the Court of Auditors or have remained with the Member States;
Amendment 49 #
2020/2133(INI)
Motion for a resolution
Recital G g (new)
Recital G g (new)
G g. Recalls furthermore that one of Parliament´s primary functions as laid down in the Treaty on European Union is to exercise political control;
Amendment 50 #
2020/2133(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 57 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Principles Considers that any option under discussion for improving transparency and integrity in the EU institutions must be respectful of the following principles: - the principle of sound financial management, ensuring the efficient and effective management of Union ressources - the principles of conferral and separation of powers - the freedom to choose an occupation and the right to engage in work as stipulated by article 15 of the Charter of Fundamental rights of the European Union - rule of law and fundamental European principles such as the presumption of innocence, the right to be heard, the principles of legality and proportionality - Freedom of the mandate of Members of European Parliament
Amendment 58 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Further stresses that any option under discussion requires a solid legal base for the constitution and for any competences to be assigned;
Amendment 59 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Insists that any option under discussion requires a clear definition of the mandate, composition and competences none of which must duplicate or interfere with the work of OLAF, the European Ombudsman, the European Court of Auditors or the European Court of Justice;
Amendment 60 #
Amendment 61 #
2020/2133(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Underlines that the principle of separation of powers is the foundation pillar of modern democracy; considers it imperative for the legislative to control the executive, as any reversal of the roles and powers of the legislative and executive would otherwise endanger the independence of the free mandate of elected Members of Parliament;
Amendment 62 #
2020/2133(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Stresses that any option under discussion for improving transparency and integrity in the EU institutions can neither, based on primary law, issue any decision on whether a criminal offense has been committed, nor impose any sanctions, nor impose any administrative measures intended to avoid or clean up accidental or negligent non-compliance with the rules;
Amendment 63 #
2020/2133(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
Highlights that any option under discussion for improving transparency and integrity in the EU institutions which is to regulate the grey area in between can only have an advisory function for the institutions concerned;
Amendment 64 #
2020/2133(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
Insists that any decisions on measures to be taken or sanctions to be imposed can only be taken by the competent bodies of the institutions themselves;
Amendment 65 #
2020/2133(INI)
Motion for a resolution
Subheading 1 e (new)
Subheading 1 e (new)
Recalls that distinction must be made between a conflict of interest arising during or after the exercise of a function and the importance to distinguish between the two and recalls furthermore to distinguish between acts that authorised if declared and acts that are not authorised at all.
Amendment 66 #
2020/2133(INI)
Motion for a resolution
Subheading 1 f (new)
Subheading 1 f (new)
Suggests that each institution concludes agreements on exchange of information with the Member States respecting the framework of the separation of powers;
Amendment 70 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Considers that the new EU Ethics Body should be delegated a list of competences to implement ethics rules for Members and staff; takes the view that this list should include by way of a minimum the competences provided for in:any options under discussion for improving transparency and integrity in the EU institutions should only have advisory competences for the members of the institutions;
Amendment 72 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
Amendment 73 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
Amendment 76 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
Amendment 79 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 4
Paragraph 2 – indent 4
Amendment 82 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 5
Paragraph 2 – indent 5
Amendment 87 #
2020/2133(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 94 #
2020/2133(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the IIAany cooperation agreement between the institutions should be open to the participation of allother EU institutions and bodies; believes that the IIA should allow the Ethics Body to conclude agreements with national authorities with a view to ensuring the exchange of information necessary for the performance of its task in order to agree on common measures which can be implemented in respect of the division of powers;
Amendment 100 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 101 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the participating institutions should entrust the EU Ethics Body with monitoring powers over ethics standards, as well as advisory, investigative and enforcement powersany options under discussion for improving transparency and integrity in the EU institutions has to be respectful of the balance between the institutions as established by the treaties, underlines that it must not replace, substitute or interfere with the responsibilities and prerogatives of each institution and points out that given these considerations, the decision-making powers must remain within the respective institutions, hence only a body with advisory function able to issue non- binding recommendations is conceivable;
Amendment 109 #
2020/2133(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 120 #
2020/2133(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 126 #
2020/2133(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 130 #
2020/2133(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that requesting tax documents and bank records are interventions in private law, for which there must be serious allegations that enter in competence of OLAF;
Amendment 134 #
2020/2133(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that in relation to its enforcement powers, the body could take over from the Appointing Authority in dealing with staff ethics obligations, and that in relation to Members of Parliament or Commissioners, the body couldannot be granted enforcement powers within the limits of the provisionssince this transferral of powers would countained in the Treaties, and without prejudice to any additional mechanisms provided for in Parliament’s Rules of Procedure, in particular concerner the separation of powers laid down ing termination of officehe Treaties;
Amendment 142 #
2020/2133(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that thesuch an EU Ethics Body should be entrusted with advisory tasks in order to provideto improve the enforcement of existing provisions in the EU institutions in order to provide reliable and trustworthy advice to any individual possibly covered by its scope who wishes to request interpretation of an ethical standard in relation to appropriate conduct in a specific case;
Amendment 150 #
2020/2133(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. BelievUnderlines that the decision on the absence of conflicts of interest of designated Commissioners-designate should remain a competence of Parliament’s Committee on Legal Affair remains a political and institutional competence of the European Parliament and its bodies, while thesuch an EU Ethics Body shcould support the process with the publication of itsits non-binding analysis of each individual case and make its investigative capacities available;
Amendment 153 #
Amendment 154 #
2020/2133(INI)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Recalls that the competent bodies in the institutions are regulated by law and that the composition of the competent body in the European Parliament could be made up of MEPs and former MEPs, such an EU Ethics Body may be composed of Members or former Members of the institutions;
Amendment 155 #
2020/2133(INI)
Motion for a resolution
Subheading 3 b (new)
Subheading 3 b (new)
Amendment 164 #
2020/2133(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that its members must be independent, chosen on the basis of their competence, experience and professional qualities, as well as their personal integrity, have an impeccable record of ethical behaviour and provide a declaration of the absence of conflicts of interest; is of the opinion that the composition of the body should be gender-balanced; underlines that all member shall be independent in the performance of their duties;
Amendment 176 #
2020/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. InsistsRecommend that the college be supported by a secretariat with the human, material and financial resources commensurate with its mandate and tasks in accordance with the principles of sound financial budget management;
Amendment 181 #
Amendment 182 #
2020/2133(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes a two-stepn approach whereby, in the event that thesuch an EU Ethics Body becomes aware of a breachdeals with a breach of conduct or possible breach of ethics rules, it first recommends actions to put an end to the breach; considers that ithis first preventive step should ensure confidentiality and the right of the person to be heard; suggests that in the event that the individual concerned refuses to take the appropriate actions, the EU Ethics Body should make relevant information about the case publicly available and decide, if appropriate, on sanctions; considers that this two-step approach should apply provided that there are no reasonable grounds to believe that the individual acted in bad faith and recommends that intentional breach, gross negligence, the concealment of evidence and non- compliance with the obligation to cooperate should be, as such, subject to sanctions, even when the breach itself has ceaseto be heard;
Amendment 192 #
Amendment 193 #
2020/2133(INI)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Amendment 194 #
2020/2133(INI)
Motion for a resolution
Subheading 5 b (new)
Subheading 5 b (new)
Insists that the procedures laid down in the Treaties must be applied, such as the transfer of investigations by the European Court of Auditors to OLAF and to the European Court of Justice;
Amendment 197 #
2020/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that the EU Ethics Body should publish an annual report containing both information about the fulfilment of its tasks and, where appropriate, recommendations for improving ethics standardsto be presented to the European Parliament;
Amendment 204 #
2020/2133(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Insists that the decisions of thean EU Ethics Body should bcannot issue legally binding, reviewable before the CJEU and subject to possible complaints to the EU Ombudsma decisions, since no institution can delegate decision- making authority to another institution;
Amendment 9 #
2020/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. BelievStresses that the Commission’sParliament is a democratically elected body which unlike national parliaments, does not have a formal right of legislative initiative, as set out in the Treaties, has been neither constructive nor productive in recent years, with a decrease in the Commission’s output over the past decade and Commission Presidents not assuming their political responsibilitiesnd therefore the fact that the Commission has the exclusive direct right of legislative initiative creates a problem of democratic legitimacy that has to be addressed; strongly recommends therefore that the Committee on Constitutional Affairs further exploit Parliament’s powers assigned by the Treaties and consider a Treaty revisionanalyse the different ways to give Parliament a direct right of legislative initiative;
Amendment 10 #
2020/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the European Council has a de-facto right of initiative within the area of freedom, security and justice in accordance with Article 68 TFEU, which does not reflect a level playing fieldthe legislative equality between Parliament and Council as foreseen in the Interinstitutional Agreement on Better Law-Making; underlines moreover the early influence by the Member States via their participation in numerous Commission advisory bodies and asks the Commission to ensure to the Parliament the same level of participation;
Amendment 14 #
2020/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that Parliament should have an enhanced direct right of legislative initiative, as it directly represents the European peoplecitizens and not just national interests, which need to be counter- balanced; deplores therefore that this possibility has been regularly deferred to a future Treaty revision;
Amendment 16 #
2020/2132(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that providing Parliament with the right of legislative initiative would require a Treaty revision and therefore exploring the potential of current treaty provisions to enhance the influence the Parliament can have on initiating legislation are worth looking at in order to pave the way to its direct right to initiative;
Amendment 17 #
2020/2132(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the importance of the Interinstitutional Agreement between the Parliament, Council and the Commission and the Framework Agreement on relation between the Parliament and the Commission and the fact that changes there can enhance the legislative agenda setting powers of Parliament and recalibrate the institutional balance without formally changing the Treaties;
Amendment 18 #
2020/2132(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Proposes to consider developing a procedure for Parliament to support ideas in form of a sponsorship to for instance European Economic and Social Committee´s and European Committee of the Regions’ positions within the framework of Article 225 TFEU;
Amendment 20 #
2020/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Deeply regrets that only one-third of Parliament’s legislative and non- legislative initiative procedures can be considered successful and that most legislative initiative (INL) reports adopted since 2011 did not result the Commission did not follow- up by submitting a positive reply from the Commissionny appropriate proposal1 ; regrets also that, to date, the three-month deadline for the Commission to react to a parliamentary resolution, as laid down in paragraph 16 of the Framework Agreement on relations between the European Parliament and the European Commission (‘2010 FA’)2 , and the one-year deadline for the Commission to come forward with a legislative proposal in response to a legislative initiative report have consistently not been respected; _________________ 1Study ‘The European Parliament’s right of initiative’, Andreas Maurer, University of Innsbruck, Jean Monnet Chair for European Integration Studies and Michael C. Wolf, University of Innsbruck, July 2020, pages 55 and 57. 2 OJ L 304, 20.11.2010, p. 47.
Amendment 22 #
2020/2132(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the opinion that INL reports in the area of the ordinary legislative procedure, with only one addressee and workable proposals within realistic timeframes, will be more successful; recommends thereforeclearly defined proposals that focus on the scope of the report and are within realistic timeframes, have a greater chance of being translated into legislative proposals by the Commission; recommends that the Committee on Constitutional Affairs invites the Commission to the negotiating table in order to slightly extend the relevant deadlines and to accommodate alleged organisational difficulties with regard to the 2010 FA and thereby enhance the Commission’s responsiveness to Parliament’s resolutions; expects in return, however, that the Commission’s response to and implementation of an INL report should be automatic translates an INL report automatically into a concrete legislative proposal;
Amendment 25 #
2020/2132(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reminds that Parliament has a structure for impact assessment activities and is convinced that the use of it should be mandatory before drafting a legislative own-initiative report in order to enhance the European added value assessment foreseen in the Interinstitutional Agreement on Better Law-Making;
Amendment 29 #
2020/2132(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission, as the guardian of the Treaties, to adhere to its responsibilities and to honour its own commitmentssystematically involve Parliament in its decisions on the Commission Work Programme, so that Parliament has to approve the programme before its publication in order to enhance Parliaments´ agenda-setting power in the meantime before its direct right to initiative is established;
Amendment 31 #
2020/2132(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is of the opinion that, if the Commission fails to implement Parliament’s callrequest for a legislative act in the area of the ordinary legislative procedure, its resolution adopted by a majority of members shall Parliament should systematically consider to bring an action regarding the Commission´s failure to act beforme the basis for a legislaCourt of Justivce procedure to be initiated by Parliament itselfof the European Union to have an infringement by the Commission established on the basis of Article 265 TFEU;
Amendment 32 #
2020/2132(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Considers that, were the Commission does not to submit a legislative proposal and fails to provide proper reasons as required by Article 225 TFEU, following Parliament’s request, this would constitute a failure to act and Parliament would reserve its right to take action underause for a motion of censure on the Commission´s activities according to Article 26534 TFEU.;
Amendment 33 #
2020/2132(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is convinced that Article 294 TFEU should be revised in a way that Parliament’s resolution requesting a legislative act pursuant to Article 225 TFEU, adopted by a majority of members shall form the basis for a legislative procedure to be initiated by Parliament itself, if the Commission does not forward a legislative proposal within 12 months after Parliament’s request;
Amendment 28 #
2020/2088(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the higher turnout was ultimately linked toshould not divert our attention from the gains by Eof eurosceptics, which should be considered as a warning for European integration, especially in several founding Member States where far-right extremists and anti-European forces won the electionspopulist and nationalist movements; whereas many of these radical forces from left to right are against the EU integration project;
Amendment 32 #
2020/2088(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the higher turnout is also a sign that EU citizens want the EU to act swiftly and effectively on important matters such as climate change, migration, protection of fundamental rights and democratisation;
Amendment 35 #
2020/2088(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas we need to be more efficient and proactive in taking advantage of all means of communication, including digital technology, to foster a strong link between European political decisions and constituents’ sense of connection to EU institutions;
Amendment 56 #
2020/2088(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the amendedParliament should pursue its proposals for amendments to the Electoral Act, still pending ratification by some Member States, already requires further improvements (i.e. regarding parental leave for MEPs)with renewed vigour and to push for unified European electoral rules;
Amendment 70 #
2020/2088(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the 2019 elections failed to culminate in the choice of a Commission President from among the various Spitzenkandidaten, resulting in a backward step from the process which was established in 2014;
Amendment 78 #
2020/2088(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Spitzenkandidaten process has yet to be fully developed; whereas it lacks, among other things, the possibility for Spitzenkandidaten to stand as official candidates in all Member States on transnational lists, allowing all European voters to choose and vote for their preferred Spitzenkandidatimproved, allowing all European voters to know who are the candidates to the presidency of the European Commission and how they were chosen by European political parties; whereas Parliament raised this issue in its decision of 7 February 2018 on the revision of the Framework Agreement on relations between the European Parliament and the European Commission15 ; ; _________________ 15 Texts adopted, P8_TA(2018)0030.
Amendment 84 #
2020/2088(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Spitzenkandidaten system needs to be improved and formalised in the EU’s primary law after an in-depth institutional reflectionaddressed and reflected upon in the Conference for the Future of Europe; whereas this reflection should also include the de facto political role of the Commission and its President and any related changes to the decision-making process of the Union;
Amendment 88 #
2020/2088(INI)
Motion for a resolution
Recital M
Recital M
M. whereas institutional improvements such as transnational lists, as acknowledged by Parliament in its resolution of 7 February 2018 on the composition of the European Parliament, or the transformation of the Council into a second legislative chamber of the Union, as proposed in its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union, would radically transform the European elections into one true European election,are needed in order to achieve a true European political sphere as opposed to the collection of 27 separate national electiondebates that it is today;
Amendment 94 #
2020/2088(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. Whereas proposal such as the "transnational lists" or the transformation of the Council into a second legislative chamber are still under discussion; whereas none of them count currently with a majority support; Whereas the upcoming Conference on the Future of Europe provides a true opportunity to discuss these issues and other institutional reforms; Whereas the success of the Conference will crucially depend on the agenda, the involvement of the citizens and the European Council's willingness to implement results;
Amendment 109 #
2020/2088(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas European political parties and foundations are the primary facilitators of a successful European political debate, both during and beyond European elections and should be rendered more visible;
Amendment 125 #
2020/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the higher turnout in the 2019 European elections; considers that this shows that an increasing proportion of citizens consider the EU to be the appropriate level at which to address the challenges of our time such as climate change and environmental concerns, social and gender inequalities, sustainable growth, and geopolitical concerns such as migration and foreign policyas economy and sustainable growth, public health, climate change and environmental protection, digital revolution, the promotion of freedom, human rights and democracy, social and gender inequalities, migration and demography, security and the role of the EU in the world; urges all the European institutions, therefore, to take responsibility and to act upon the mandate they have been given, directly or indirectly, by the citizens; regrets both the lack of decisiveness by the Council and the lack of clear intent to achieve solutions based on a common approach;
Amendment 135 #
2020/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. DeplorWelcomes the fact that the outcome of the elections did not lead togender balance in Parliament has improved over the last elections; Stresses however that there is still room for further improvements in order to achieve a genuine gender -balance ind Parliament; calls on the Commission, in cooperation with Parliament and other bodies such as the Venice Commission, to formulate recommendations to Member States with a view to increasing the representation of women in the European Parliament;
Amendment 158 #
2020/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that the reason whyAcknowledges that the Spitzenkandidaten process failed to produce a President of the European Commission after the 2019 elections is because no improvements were made to it following the experience of 2014; intends to strengthen the democratic process for choosing the Commission President before the next European elections of 2024;
Amendment 165 #
2020/2088(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the up-comingCalls for the swift adoption of the joint declaration of the three European institutions on the Conference on the Future of Europe, recalls the commitment by the Commission President to address the issue of transnational lists and the Spitzenkandidaten process as the priority institutional issues during the Conference;
Amendment 173 #
2020/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition; recommends that the election procedure be reversed so that Parliament proposes and elects the President of the Commission, after obtaining the consent of the European CouncilRecalls the commitment by the Commission President to address the issue of the Spitzenkandidaten process and transnational lists in the context of the Conference on the Future of Europe; Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition, as shown in the election of July 2019 of the von der Leyen Commission;
Amendment 186 #
2020/2088(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the outcome of the European elections has reinforced the political dimension of the election of the European Commission, and therefore the need for more accurate and objective scrutiny of the declarations of interests of the Commissioners-designate; calls for the creation of an independent body, endowed with the appropriate means, to have this scrutiny included in its responsibilitiesstrengthening of this scrutiny before, during and after the mandate of the Commissioners-designate by reinforcing the role of the already existing Independent Ethical Committee;
Amendment 190 #
2020/2088(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 203 #
2020/2088(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists that all European voters should be allowed to vote for their preferredbe allowed to know who the candidate fors to the Ppresidentcy of the European Commission are, giving them the choice to vote for his or her political party; reiterates, therefore, that the Spitzenkandidaten should be able to stand as official candidates atin the next elections in a joint European constituency across all Member StateEuropean Elections;
Amendment 206 #
2020/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 213 #
2020/2088(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 221 #
2020/2088(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges that despite the fact that the agreed reform of the Electoral Law has not yet been ratified by some Member States, further improvements are required, such as provisions for remote voting operations in defined or exceptional circumstances, as well as on the elections in the joint European constituencyshould be addressed at the Conference on the Future of Europe;
Amendment 235 #
2020/2088(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 243 #
2020/2088(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission and the Council to consider, in accordancfully engage with the work of Parliament’s new Special Committee on Foreign interference and Disinformation, the urge and take into creation of a European organisation dedicated to the fight against foreign interferenceonsideration the outcome of its work; encourages the Commission and the Council to work much more closely with Parliament on these matters, as the protection of our democratic institutions is a core competence of the European Parliament;
Amendment 249 #
2020/2088(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers European political parties' manifestos should be known before the elections, which requires clear and transparent rules on campaigning; underlines the European election rules shall promote European party democracy, including by making obligatory for parties running in European elections and the European party logo appear (next to the national one) on the ballot sheet;
Amendment 256 #
2020/2088(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Is of the opinion that the introduction of an annual European Week taking place simultaneously in all national parliaments, with debates between MPs, European Commissioners, MEPs and representatives of civil society on the Commission Work Programme would support the emergence of connected inter-parliamentary public spheres as well as improving the communication of European actions at national level;
Amendment 262 #
2020/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the outcome of the European elections is a clear signal for an in-depth institutional reflection that will allow citizens, civil society and their representatives to shapepresents an opportunity for an in-depth reflection about the future of the Union; calls, therefore, on all institutional partners to assume their responsibility and deliver an ambitious, interactive and inclusive Conference on the Future of Europe; open to citizens, civil society and their representatives, and which can strengthen representative democracy as well as EU's resilience by delivering tangible results for its citizens, including on health protection and security
Amendment 4 #
2020/2019(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 25 May 2016 on Online Platforms and the Digital Single Market - Opportunities and Challenges for Europe (COM(2016)288),
Amendment 5 #
2020/2019(INL)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to the Recommendation of the Commission of 1 March 2018 on measures to effectively tackle illegal content online (C(2018) 1177),
Amendment 6 #
2020/2019(INL)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
- having regard to the Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market,
Amendment 7 #
2020/2019(INL)
Motion for a resolution
Citation 7 d (new)
Citation 7 d (new)
- having regard to the Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down bylaw, regulation or administrative action in Member States concerning the provision of audiovisual media services,
Amendment 8 #
2020/2019(INL)
Motion for a resolution
Citation 7 e (new)
Citation 7 e (new)
- having regard to the Directive2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography,
Amendment 9 #
2020/2019(INL)
Motion for a resolution
Citation 7 f (new)
Citation 7 f (new)
- having regard to the Directive (EU) 2017/541/EU of the European Parliament and of the Council of 15 March 2017 on combating terrorism,
Amendment 48 #
2020/2019(INL)
Motion for a resolution
Recital F
Recital F
F. whereas content hostertaing platforms may determine what content is shown to their users, thereby profoundly influencing the way we obtain and communicate information, to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights and the civil lawthe rights of the users;
Amendment 49 #
2020/2019(INL)
Motion for a resolution
Recital G
Recital G
G. whereas upholding the law in the digital world does not only involve effective enforcement of rights, but also, in particular, ensuring access to justice for all; whereas delegation of the taking of decisions regarding the legality of content or of law enforcement powers to private companies can undermine the right to a fair trial and risks not to provide an effective remedy; whereas taking of decisions of digital service providers should be complemented by a fast-track legal procedure with adequate guarantees;
Amendment 54 #
2020/2019(INL)
Motion for a resolution
Recital H
Recital H
Amendment 81 #
2020/2019(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests that the Commission submit without undue delay a set of legislative proposals comprising a Digital Services Act with a wide material, personal and territorial scope, including the recommendations as set out in the Annex to this resolution; considers that, without prejudice to detailed aspects of the future legislative proposals, Article 114 of the Treaty on the Functioning of the European Union should be chosen as the legal basis;
Amendment 86 #
2020/2019(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Proposes that the Digital Services Act include a regulation that establishes contractual rights as regards content management, lays down transparent, binding and uniform standards and procedures for content moderation, andprovide digital service providers with a clear and up-to-date innovation friendly regulatory framework, protect users when accessing digital services, guarantees accessible and independent recourse to judicial redress and ensure the necessary cooperation among Member States;
Amendment 98 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Proposes that the Digital Services Act set the obligation for digital service providers without a permanent establishment in the EU to designate a legal representative for the interest of users within the European Union and to make the contact information of this representative visible and accessible on its website;
Amendment 110 #
2020/2019(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the regulation must proscribe content moderation practices that are discriminatoryproportionate or unduly go beyond the purpose of protection under the law;
Amendment 138 #
2020/2019(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. RecommendConsiders the establishment of independent dispute settlement bodies in the Member States, tasked with settling disputes regarding content moderation;
Amendment 163 #
2020/2019(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends, therefore, that the Digital Services Act set clear boundaries as regards the terms for accumulation of data for the purpose ofintroduces rules in order to enhance transparency related to targeted advertising, especially when data are tracked on third party websites;
Amendment 192 #
2020/2019(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Suggests to create a common understanding on what constitutes false or misleading advertisement;
Amendment 196 #
2020/2019(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets the existing information asymmetry between content hosting platforms and public authorities and calls for a streamlined exchange of necessary informationCalls for a streamlined exchange of necessary information between digital service providers and public authorities;
Amendment 198 #
2020/2019(INL)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Member States to ensure that online service providers comply with the requirements laid down in Article 5 of Directive 2000/31/EC on electronic commerce;
Amendment 207 #
2020/2019(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Strongly recommends that smart contracts include mechanisms that can halt their execution, in particular to take account of concerns of weaker parties and to ensure that the rights of creditors in insolvency and restructuring are respectedConsiders that necessary steps should be taken in order to ensure equality between the parties in case of smart contracts for which the Commission should examine the modalities;
Amendment 213 #
2020/2019(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 234 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – introductory part – indent 6
Annex I – part A – introductory part – indent 6
Amendment 235 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – introductory part – indent 7
Annex I – part A – introductory part – indent 7
- The proposal addresraises the necessity for the proper regulation of civil and commercial law aspectsed for assessment in the field of distributed ledger technologies, including block chains and, in particular, smart contracts.
Amendment 237 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – introductory part – indent 8
Annex I – part A – introductory part – indent 8
- The proposal raises the importance of pbrivate international law rules that provide legal clarity and certainty with respect tonging clarity on the non-negotiable terms and conditions used by online platforms and, ensure the rights to access to data soand guarantee thate access to justice is appropriately guaranteed.
Amendment 238 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – introductory part
Annex I – part A – part I – introductory part
The key elements of the proposals to be included in the Digital Services Act should beDigital Services Act should reflect among others the following elements of the proposals, on the basis of a proper public consultation and impact analysis:
Amendment 239 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –introductory part
Annex I – part A – part I – section 1 –introductory part
A regulation ‘on contractual rights as regards content management’ and that contains the following elements:
Amendment 243 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 1 c (new)
Annex I – part A – part I – section 1 –indent 1 c (new)
- It should avoid extending its scope that would conflict with existing sectorial rules already in force such as the Copyright Directive or other existing European law in the media and audio- visual field.
Amendment 244 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 2
Annex I – part A – part I – section 1 –indent 2
- It should provide principles for content moderation, including as regards discriminatory content moderation practices.
Amendment 250 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 3
Annex I – part A – part I – section 1 –indent 3
- It should provide formal and procedural standards for a notice and action system by following a sector-specific approach.
Amendment 254 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 4
Annex I – part A – part I – section 1 –indent 4
- It should provide rules for an independent dispute settlement mechanism by respecting the national competences of the Member States.
Amendment 267 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 1
Annex I – part A – part I – section 2 – indent 1
- regular auditmonitoring of the algorithms employed by content hosting platforms for the purpose of content moderation as well as curation;
Amendment 272 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 2
Annex I – part A – part I – section 2 – indent 2
- regular review of the compliance of content hosting platforms with the Regulation and other provisions that form part of the Digital Services Act, in particular as regards the correct implementation of the standards for notice-and-action procedures and content moderation in their terms and conditions, on the basis of transparency reports provided by the content hosting platforms and the public database of decisions on removal of content to be established by the Digital Services Act;
Amendment 275 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 3 a (new)
Annex I – part A – part I – section 2 – indent 3 a (new)
- cooperate and coordinate with the national authorities of Member States related to the implementation of the Digital Services Act.
Amendment 279 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – introductory part
Annex I – part A – part I – section 2 – indent 4 – introductory part
- imposing fines for non-compliance with the Digital Services Act. Fines should be set at up to 4% of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the Digital Services Act. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulation. Instances of non- compliance should include:reporting to the Commission detected non-compliance with the rules established by the Digital Services Act including publishing biannual reports on all of its activities.
Amendment 309 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 3 –– introductory part
Annex I – part A – part I – section 3 –– introductory part
The Digital Services Act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the AgencyCommission and the network of national authorities. Such reports should, in particular, include:
Amendment 321 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 1 – introductory part
Annex I – part A – part II – section 1 – introductory part
Measures regarding content curation, data and online advertisements in breach of fair contractual rights of users should include:
Amendment 347 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 3 – indent 1
Annex I – part A – part II – section 3 – indent 1
- measures ensuring that the proper legislative framework is in place for the development and deployment of digital services making use ofincluding distributed ledger technologies, including such as block chains, and in particular for smart contracts,
Amendment 351 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 4
Annex I – part A – part II – section 4
Amendment 352 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 4 – indent 1
Annex I – part A – part II – section 4 – indent 1
Amendment 356 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 4 – indent 2
Annex I – part A – part II – section 4 – indent 2
Amendment 358 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 4 – indent 3
Annex I – part A – part II – section 4 – indent 3
Amendment 377 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 9
Annex I – part B – recital 9
Amendment 383 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 9 a (new)
Annex I – part B – recital 9 a (new)
(9a) This Regulation does not prevent platforms from using an automated content mechanism where necessary and justified, and in particular promotes the use of such mechanism in the case the illegal nature of the content has either been established by a court or it can be easily determined without contextualisation.
Amendment 384 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 10
Annex I – part B – recital 10
(10) This Regulation should also include provisions against discriminatory content moderation practices, especially when user-created content is removed based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social clasunjustified content moderation practices.
Amendment 386 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 11
Annex I – part B – recital 11
(11) The right to issue a notice pursuant to this Regulation should remain with any natural or legal person, including public bodies, to which content is provided through a website or application. A content hosting platform should, however, be able to block a user who repeatedly issues false notices from issuing further notices.
Amendment 391 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 14
Annex I – part B – recital 14
(14) Given the immediate nature of content hosting and the often ephemeral purpose of content uploading, it is necessary to establish independent dispute settlement bodies for the purpose of providing quick and efficient extra-judicial recourse. Such bodies should be competent to adjudicate disputes concerning the legality of user-uploaded content and the correct application of terms and conditionsrecourse, however such process should not prevent the user right of access to justice.
Amendment 398 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 17
Annex I – part B – recital 17
(17) As regards jurisdiction, the competent independent dispute settlement body should be that located in the Member State in which the content forming the subject of the dispute has been uploadedCircumstances on the basis of which jurisdiction should be established must be in the interests of the users, so that both the place where the content has been uploaded and downloaded shall be deemed to constitute a ground of jurisdiction.
Amendment 401 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 20
Annex I – part B – recital 20
(20) Since the objective of this Regulation, namely to establish a regulatory framework for contractual rights as regards content management in the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects can , be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 409 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 1 – paragraph 1
Annex I – part B – Article 1 – paragraph 1
The purpose of this Regulation is to contribute to the proper functioning of the internal market by laying down rules to ensure that fair contractual rights exist as regards content management andprovide digital services providers with a clear, uniform, and up-to-date innovation friendly regulatory framework in the Single Market, to provide independent dispute settlement mechanisms for disputes regarding content managementtect, enable, and empower users when accessing digital services and to ensure the necessary cooperation among Member States in order to have an oversight of digital service providers in the EU.
Amendment 411 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 2 – paragraph 1
Annex I – part B – Article 2 – paragraph 1
This Regulation applies to the management by content hosting platforms of content that isproviders offering digital service accessible on websites or through smart phone applications in the Union, irrespective of the place of establishment or registration, or principal place of business of the content hosting platform., in particular online platforms such as social media, search engines, online marketplaces or collaborative economy services
Amendment 415 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 3 –point 1
Annex I – part B – Article 3 –point 1
(1) ‘content hosting platform’ means an provider of information society service within the meaning of point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council1 of whichs consisting of the storage of information provided by the recipient of the service at his or her request, within the maeaning or one of the main purposes is to allow signed-up or non- signed-up users to upload content for display on a website or applicatf Article 14 of Directive 2000/31/EC ,irrespective of its place of establishment, which directs its activities to users residing in the Union; __________________ 1 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
Amendment 417 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 3 –point 2
Annex I – part B – Article 3 –point 2
(2) ‘'illegal content’' means any concept, idea, expression or information in any format such as text, images, audio and videoinformation which is not in compliance with Union law or the law of a Member State concerned;
Amendment 426 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1
Annex I – part B – Article 4 – paragraph 1
1. Content management shall be conducted in a fair, lawful and transparent manner. Content management practices shall be appropriate, relevant and limiproportionated to what is necessary in relation to the purposes for which the content is managed.
Amendment 428 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 2
Annex I – part B – Article 4 – paragraph 2
Amendment 437 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 b (new)
Annex I – part B – Article 4 b (new)
Article 4b Transparency obligation 1. Digital services actively hosting or moderating online content shall take the necessary measures in order to disclose the funding and the power of interest groups behind those using their services so that the person legally responsible and accountable should be identifiable. 2. Digital service providers without a permanent establishment in the EU shall designate a legal representative for user interest within the European Union and make the contact information of this representative visible and accessible on their websites.
Amendment 441 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 5 – subparagraph 2
Annex I – part B – Article 5 – subparagraph 2
Amendment 449 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 8 –introductory part
Annex I – part B – Article 8 –introductory part
Amendment 452 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 9 – point 1
Annex I – part B – Article 9 – point 1
1. Content hosting platforms shall ensure that decisions on notifications are taken without undue delay following the necessary investigations. In the case of notifications from trusted flaggers, content hosting platforms may use shortened procedures.
Amendment 454 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 9 – point 1 a (new)
Annex I – part B – Article 9 – point 1 a (new)
1a. Platforms must have a real-time alert and response mechanism for infringements concerning live content issues.
Amendment 469 #
Amendment 470 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1
Annex I – part B – Article 12 – paragraph 1
Amendment 474 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1 a (new)
Annex I – part B – Article 12 – paragraph 1 a (new)
Digital service providers should act expeditiously to make unavailable or remove illegal content that has been notified to them and make best efforts to prevent future uploads of the same content.
Amendment 476 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 13 – paragraph 1
Annex I – part B – Article 13 – paragraph 1
1. Member States shallmay establish independent dispute settlement bodies for the purpose of providing quick and efficient extra-judicial recourse when decisions on content moderation are appealed against.
Amendment 483 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 3
Annex I – part B – Article 14 – paragraph 3
Amendment 485 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 3 a (new)
Annex I – part B – Article 14 – paragraph 3 a (new)
3a. Both the place where the content has been uploaded and accessed shall be deemed to constitute a ground of jurisdiction
Amendment 488 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 17
Annex I – part B – Article 17
Amendments to Directive (EU) 2019/1937 Directive (EU) 2019/1937 is amended as follows: (1) following point is added: “(xi) online content management;”; (2) following point is added: “K. Point (a)(xi) of Article 2(1) - online content management. Regulation [XXX] of the European Parliament and of the Council on contractual rights as regards content management.”.rticle 17 deleted in point (a) of Article 2(1), the in Part I of the Annex, the
Amendment 176 #
2020/2012(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Points out in this regard that, if they are to be dependable, artificial intelligence, robotics and their related technologies must be technically robust and accurate;
Amendment 191 #
2020/2012(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Points out that in all circumstances Member States must avoid duplicating the tasks of national authorities in so far as this is possible;
Amendment 458 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 37
Annex I – part B – recital 37
(37) Sharing and use of data by multiple participants is sensitive and therefore the development, deployment and use of artificial intelligence, robotics and related technologies should be governed by relevant standards and protocols reflecting the requirements of quality, integrity, security, reliability, privacy and control. The data governance strategy should focus on the processing, sharing of and access to such data, including its proper management and traceability, and guarantee the adequate protection of data belonging to vulnerable groups, including people with disabilities, patients, children, minorities and migrants.
Amendment 104 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States canshould be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. _________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 115 #
2020/0361(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) It should be clarified that this Regulation is without prejudice to the rules of Union law on copyright and related rights, which establish specific rules and procedures that should remain unaffected and are lex specialis, prevailing over this Regulation.
Amendment 123 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant, dangerous or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 131 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of anotherthe principal service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 141 #
2020/0361(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. A provider of intermediary services plays an active role when assistance is given to the recipient of the service, notably for the optimizing and the promotion of the content offered. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.
Amendment 144 #
2020/0361(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) AThe provider should not be able to benefit from exemptions from liability provided for in this Regulation where the main purpose is to engage in or facilitate illegal activities or where a provider of intermediary services that deliberately collaborates with a recipient of the services in order to undertake illegal activities and does not provide its service neutrally and should therefore not be able to benefit from the exemptions from liability provided for in this Regulation.
Amendment 153 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders on the platforms, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well- informed consumer.
Amendment 181 #
2020/0361(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The orders to provide information regulated by this Regulation concern the production of specific information about individual recipients of the intermediary service concerned who are identified in those orders for the purposes of determining compliance by the recipients of the services with applicable Union or national rules. Therefore, ois information, which should include the relevant email addresses, telephone numbers, IP addresses and other contact details necessary to ensure such compliance, should be available in respect of all types orders. Orders about information on a group of recipients of the service who are not specifically identified, including orders to provide aggregate information required for statistical purposes or evidence-based policy-making, should remain unaffected by the rules of this Regulation on the provision of information.
Amendment 196 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 204 #
2020/0361(COD)
Proposal for a regulation
Recital 41
Recital 41
Amendment 213 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 218 #
2020/0361(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide, based on its own assessment, whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
Amendment 219 #
2020/0361(COD)
Proposal for a regulation
Recital 43 b (new)
Recital 43 b (new)
(43 b) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non-discrimination of parties affected by illegal content.
Amendment 245 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However,Online advertising is a significant source of financing for many digital business models and an effective tool to reach new costumers, not least for small- and medium sized companies. However, there are some instances when online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition toBased on the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 265 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary and proportionate means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision- making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 277 #
2020/0361(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significantn impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.
Amendment 279 #
2020/0361(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Advertising systems used by very large online platforms could pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned.
Amendment 282 #
2020/0361(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for providing information or compelling access to data from very large online platforms to vetted researchers. All requirements f where relevant to a research project. All requests for providing information or access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
Amendment 301 #
2020/0361(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, the Commission will issue guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan.
Amendment 305 #
2020/0361(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The provision of online advertising generally involves several actors, including intermediary services that connect publishers of advertising with advertisers. Codes of conducts should support and complement the transparency obligations relating to advertisement for online platforms and very large online platforms set out in this Regulation in order to provide for flexible and effective mechanisms to facilitate and enhance the compliance with those obligations, notably as concerns the modalities of the transmission of the relevant information. The involvement of a wide range of stakeholders should ensure that those codes of conduct are widely supported, technically sound, effective and offer the highest levels of user-friendliness to ensure that the transparency obligations achieve their objectives.
Amendment 373 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
— a significant number of users in relation to their population in one or more Member States; or
Amendment 388 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of anotherthe principal service and, for objective and technical reasons cannot be used without that otherprincipal service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation.
Amendment 389 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) ‘editorial platform’ means an intermediary service which is in connection with a press publication within the meaning of Article 2(4) of Directive (EU) 2019/790 or another editorial media service and which allows users to discuss topics generally covered by the relevant media or to comment editorial content and which is under the supervision of the editorial team of the publication or other editorial media.
Amendment 397 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(i a) 'live streaming platform services' means an information society service which main or one the main purposes is to give the public access to live broadcasted audio or video material and which it organises and promotes for profit-making purposes;
Amendment 400 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘recommender system’ means a fully or partially automated system, used by an very large online platform to suggest in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;
Amendment 419 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expeditiouslyaccording within the deadlines of Article 5Ia new when it comes to remove or toing or disableing access to the illegal content.
Amendment 421 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Amendment 423 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. Paragraph 1 shall not apply when the main purpose of the information society service is to engage in or facilitate illegal activities or when the provider of the information society service deliberately collaborates with a recipient of the services in order to undertake illegal activities.
Amendment 425 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders on the platform, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
Amendment 430 #
2020/0361(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a The exemptions from liability established in Articles 3, 4 and 5 shall not apply where the information society service plays an active role of such a kind as to give it knowledge of, or control over the information provided by the recipient of the service.
Amendment 503 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the order only requires the provider to provide information already collected for the purposes of providing the service and which lies within its control, including email addresses, telephone numbers, IP addresses and other contact details necessary to determine the compliance referred to in (a);
Amendment 525 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shall designate, in writing, a legal or natural person as their legal representative in one of the Member States where the provider offers its services. The Member States may require very large online platforms to designate a legal representative in their Member State.
Amendment 528 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of intermediary services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the Member States’ authorities, the Commission and the Board on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Providers of intermediary services shall provide their legal representative with the necessary powers and resource to guarantee the proper and timely cooperateion with the Member States’ authorities, the Commission and the Board and comply with those decisions.
Amendment 531 #
2020/0361(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Exclusions Articles 12 and 13 of Section 1,and the provisions of Section 2, and Section 3 of Chapter III shall not apply to: (a) editorial platforms within the meaning of Article 2(h a) of this Regulation; (b) online platforms that qualify as micro and medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC. (c) an intermediary service, except very large online platforms, where it would constitute a disproportionate burden in view of its size, the nature of its activity and the risk posed to users.
Amendment 537 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions, which have to respect European and national law. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.
Amendment 545 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Where very large online platforms within the meaning of Article 25 of this Regulation otherwise allow for the dissemination to the public of press publications within the meaning of Article 2(4) of Directive (EU) 2019/790, such platforms shall not remove, disable access to, suspend or otherwise interfere with such content or the related service or suspend or terminate the related account on the basis of the alleged incompatibility of such content with its terms and conditions, unless it is illegal content
Amendment 564 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the number of orders received from Member States’ authorities, categorised, where possible, by the type of illegal content concerned, including orders issued in accordance with Articles 8 and 9, and the average time needed for taking the action specified in those orders;.
Amendment 566 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action;
Amendment 570 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, where identifiable, the basis for those complaints, decisions taken in respect of those complaints, the average time needed for taking those decisions and the number of instances where those decisions were reversed.
Amendment 575 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a small or microenterprise within the meaning of the Annex to Recommendation2003/361/EC during the twelve months following their loss of that status.
Amendment 586 #
Amendment 634 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Providers of hostingaragraphs 2, 3 and 4 shall not apply to providers of intermediary services sthall publish the decisions and the statements of reast qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. In additions, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal datathose paragraphs shall not apply to enterprises that previously qualified for the status of a micro or small enterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status.
Amendment 647 #
2020/0361(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 680 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. RAfter internal complaint handling mechanisms are exhausted, recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of- court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
Amendment 710 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delayimmediately processed without prejudice to the implementation of a complaint and redress mechanism.
Amendment 743 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7a. Online platforms shall, where possible, provide trusted flaggers with access to technical means that help them detect illegal content on a large scale.
Amendment 760 #
2020/0361(COD)
(d) where identifiable, the intention of the recipient, individual, entity or complainant.
Amendment 781 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with professional traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
Amendment 782 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
Amendment 822 #
2020/0361(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 865 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to respect for private and family life, freedom of expression and information, freedom and pluralism of the media, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively caused by an illegal activity;
Amendment 870 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service, including by means of inauthentic use or automated exploitation of the service, with an actual or foreseeable negative and illegal effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
Amendment 873 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
Amendment 918 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) any commitmentof voluntary measures undertaken pursuant to the codes of conduct referred to in Articles 35 and 36 and the crisis protocols referred to in Article 37.
Amendment 931 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the mainshall base the parameters used inof their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679 on Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (P2B) and set them out in their terms and conditions.
Amendment 935 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. The parameters used in recommender systems shall always be fair and non-discriminatory.
Amendment 938 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 946 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2, until one yearfor advertisements that have been seen by more than 5000 recipients of the service and until six months after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
Amendment 953 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
Amendment 954 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point e
Article 30 – paragraph 2 – point e
Amendment 966 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Very large online platforms shall provide the Digital Services Coordinator of establishment or the Commission, upon their reasoned request and within a reasonable period, specified in the request, provide information and access to data that are necessary to properly monitor and assess compliance with this Regulation. That Digital Services Coordinator and the Commission shall only use that data for those purposes.
Amendment 969 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Upon a reasoned request from the Digital Services Coordinator of establishment or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide access toinformation and access to relevant data to vetted researchers who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conducting research that contributes to the identification and understanding of systemic risks as set out in Article 26(1).
Amendment 973 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Very large online platforms shall provide access to data pursuant to paragraphs 1 and 2 for a limited time and through online databases or application programming interfaces, as appropriate.
Amendment 1009 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f
Article 34 – paragraph 1 – point f
Amendment 1016 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) in relation to the dissemination of illegal content emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1019 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested partierelevant stakeholders, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1024 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives in relation to the dissemination of illegal content, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested partiethe relevant stakeholders, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.
Amendment 1032 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency in online advertising beyond the requirements of Articles 24 30 and 30Article 6 of Directive 2000/31/EC.
Amendment 1034 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. The Commission shall aim to ensure that the codes of conduct pursue an effective transmission of information, in full respect for the rights and interests of all parties involved, and a competitive, transparent and fair environment in online advertising, in accordance with Union and national law, in particular on competition and the protection of personal data. The Commission shall aim to ensure that the codes of conduct address at least: the transmission of information held by providers of online advertising intermediaries to the repositories pursuant to Article 30.
Amendment 1035 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
Amendment 1036 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
Amendment 1044 #
Amendment 1058 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point e
Article 41 – paragraph 2 – point e
(e) the power to proportionate adopt interim measures to avoid the risk of serious harm.
Amendment 1060 #
2020/0361(COD)
1. Member States shall lay down the rules on penalties including administrative fines applicable to infringements of this Regulation by providers of intermediary services under their jurisdiction and shall take all the necessary measures to ensure that they are properly and effectively implemented in accordance with Article 41.
Amendment 1061 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Penalties shall be effective, proportionate and dissuasive. They shall take into particular account the interest of small scale providers and start ups and their economic viability. Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them.
Amendment 1103 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point a a (new)
Article 47 – paragraph 2 – point a a (new)
(aa) contributing to the effective application of Directive 2000/31/EC Article 3 to prevent fragmentation of the digital single market and the obligations of very large platforms of Article 5 of the Platform to Business Regulation 2019/1150
Amendment 1132 #
2020/0361(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission may, by decision, order proportionate interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement.
Amendment 1135 #
2020/0361(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor the effective implementation and compliance with this Regulation by the very large online platform concerned. The Commission may also order that platform to provide access to, and explanations relating to, and, where necessary access to its databases and algorithms.
Amendment 1138 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The Commission may by decision and in compliance with the proportionality principle impose on the very large online platform concerned or other person referred to in Article 52(1) fines not exceeding 1% of the total turnover in the preceding financial year, where they intentionally or negligently:
Amendment 1151 #
2020/0361(COD)
Proposal for a regulation
Article 74 – paragraph 2 – introductory part
Article 74 – paragraph 2 – introductory part
2. It shall apply from [date - threesix months after its entry into force].
Amendment 16 #
2019/2135(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that the Member States have the possibility to involve the Commission in the proceedings of PESCO-related projects in line with internal governance rules.
Amendment 18 #
2019/2135(INI)
Draft opinion
Paragraph 4 a
Paragraph 4 a
4a. Calls the European Council to adopt decisive commitment for long-term development of European Defence Union with a clear roadmap.
Amendment 21 #
2019/2135(INI)
Draft opinion
Paragraph 5 a(new)
Paragraph 5 a(new)
5a Takes the view that CARD tool should be reformed to provide for more strategic exercise in line with the updated European Global Strategy; highlights that further development of EU’s strategic autonomy anchored in PESCO will require discussion about the scale of the projects being developed under its aegis; highlights that a clarification of the interaction of various initiatives undertaken by Member States with PESCO is required, in particular, in relation to projects such as European Intervention Force, Framework Nation, Joint Deployment Force or Eurocorps, as they rely on different degree of institutional cooperation.
Amendment 34 #
2019/2135(INI)
Draft opinion
Paragraph 8a(new)
Paragraph 8a(new)
8a Warns about the multiplicity of institutional actors and overlaps of the EU defence environment; calls all the stakeholders to embrace a reflection on how it is possible to improve this environment in order to make it more understandable for citizens, institutionally logical and coherent and effective in delivering.
Amendment 37 #
2019/2135(INI)
Draft opinion
Paragraph 10a(new)
Paragraph 10a(new)
10a. Believes that a competitive defence industry is crucial for Europe. Warns that, despite the efforts made during the last years, like the European defence industrial development programme (EDIDP) and European Defence Fund (EDF), different national regulations, licensing procedures, export control lists and lack of information sharing remain as the key obstacles to build a true and effective European defence industry.
Amendment 43 #
2019/2135(INI)
Draft opinion
Paragraph 13a (new)
Paragraph 13a (new)
13a. Notes that mutual defence clause focuses on the obligations of the Member States (and not the EU itself) and solidarity clause provides for the Union and its Member States to act jointly, but both clauses introduce binding commitments amongst Member States and both prescribe grounds for drawing on ‘all available means’ when requested.
Amendment 5 #
2018/2624(RSP)
Recital B
B. whereas trust in the European project and in the European Union will only be maintained, if the European Union institutions act as role models of the rule of law, transparency and good administration and prove to have sufficient internal check and balances to react adequately whenever these fundamental principles are threatened,
Amendment 7 #
2018/2624(RSP)
Recital B a (new)
B a. whereas all EU institutions have, under the Treaties, autonomy in matters related to their organisation and their personnel policy, including in choosing their top civil servants on the basis of merit, experience and trust, in line with the Staff Regulations and their respective rules of procedure,
Amendment 10 #
2018/2624(RSP)
Recital B b (new)
B b. whereas the Secretary-General of an EU institution is a position that requires particular experience and competence and notably the trust of the President of the respective institution whom the Secretary-General assists in his or her daily work so that, in the case of the Commission, in the context of the political guidelines laid down by its President, the Commission achieves the priorities it has set, as stated explicitly in Article 20 of the Commission’s Rules of Procedure, which includes the legal job description of the Secretary-General of the institution,
Amendment 22 #
2018/2624(RSP)
Paragraph 2 – indent 4
Amendment 23 #
2018/2624(RSP)
Paragraph 2 – indent 7
- the President of the European Commission and his Head of Cabinet had known since 2015 that the then Secretary- General intended to retire soon after March 2018, an intention which was reconfirmed in early 2018; they both hoped to convince Mr Italianer to stay on as Secretary- General beyond 1 March 2018 and they continued to suggest this to him repeatedly until mid-February as their preferred choice had always been to keep Mr Italianer as SG until the end of the mandate; however, the President had not divulged this information in order not to undermine the authority of the then Secretary-General;
Amendment 29 #
2018/2624(RSP)
Paragraph 2 – indent 8
- acting on a proposal from the President, in agreement with the Commissioner for Budget and Human Resources, and without the appointment of a new Secretary-General having been on the agenda of the meetafter the appointment was put on the agenda by the President during the meeting as last part of a well prepared series of senior management decisions, in line with his right under Article 6 (5) of the Rules of Procedure of the Commission which allows the President to add any item on the agenda while de College meeting is ongoing, the College decided to transfer the newly appointed Deputy Secretary-General with his post , pursuant to Article 7 of the Staff Regulations, to the position of Secretary- General of the European Commission (reassignment without publication of the post);
Amendment 34 #
2018/2624(RSP)
Paragraph 5
5. Notes that, according to the Commission, the three previous Secretaries-General became Director, Director-General and Head of Cabinet before being transferred to the function of Secretary-General, whereas the new Secretary-General did not perform any management task in the Commission services; points out, in particular, thwas instrumental in preparing and organising the new set-up and new working methods of the Juncker Commission, of its political guidelines and of the successive Work Programmes of the Commission; he therefore had, as closest adviser and trusted manager of the President, a unique overview of all decision-making procedures, policy priorities, interinstitutional relat ion 21 February 2018 he was not Deputy Secretary-General in functions and the overall functioning of the institution; this made him a natural choice for the President to become Secretary-General, a choice supported by the First Vice- President, the Commissioner for Budget and Human Resources and the College of Commissioners;
Amendment 37 #
2018/2624(RSP)
Paragraph 6
6. Takes note that the new Secretary- General was transferred in the interest of the service under Article 7 of the Staff Regulations and that the position was not published because the post was not considered vacant; hence no official could apply since the procedure was organised through a reassignment with post rather than as a transfer in the strict sense with proper publication of the vacant post, in view of the special function of the Secretary-General, whose tasks under the Commission’s Rules of Procedure it is chiefly to assist the President, it is unthinkable that a candidate would be chosen for this position who does not have the continuous trust and confidence of the President, which is why it is the President that proposes his choice of Secretary- General to the College;
Amendment 41 #
2018/2624(RSP)
Paragraph 7
7. Notes that the Commission used the same procedure of transfer under Article 7 of the Staff Regulations for the three previous Secretaries-General (transfer with post rather than transfer in the strict sense); underlines that none of the previous Secretaries-General were appointed successively Deputy Secretary-General and Secretary-General during the same College meeting; underlines also that all three previous Secretaries-General were proposed to the College in the very same College meeting in which their respective predecessor was transferred to a different post or announced their retirement;
Amendment 44 #
2018/2624(RSP)
Paragraph 9
9. Acknowledges that it is not Commission practice to transfer directors in grade AD 15 to Director-General posts but notes that the Commission considers that, legally, the College could have decided to transfer a principal advisor to the post of Secretary-General; welcomes that, instead of choosing this easier and swifter procedure, a procedure was followed that ensured that the new Secretary-General had participated in a full-day Assessment Centre for senior managers for the second time in his career before taking up his position at Director-General level in line with the Commission decision on Assessment Centres for Directors-General/ Deputy Directors-General of 2015;
Amendment 45 #
2018/2624(RSP)
Paragraph 10
10. Questions why the Commission used different procedures to appoint Deputy Secretary-General and Secretary- GeneralUnderstands therefore fully that the Commission used a procedure for the appointment of Deputy Secretary-General that allowed for thoroughly assessing the competence and experience of the candidate before he was transferred, in line with Article 7 of the Staff Regulations, to the position of Secretary- General appointment which is subject to exactly the same conditions as the one of Deputy Secretary-General; noted that in the course of this Commission, 15 transfers of Deputy Directors-General to the position of Directors-General took place, in line with Article 7 of the Staff Regulations;
Amendment 51 #
2018/2624(RSP)
Paragraph 11
11. Notes that the replies given by the Commission show that the President and his Head of Cabinet had been aware since 2015 of the intention of the former Secretary-General to retire soon after 1 March 2018, which he reconfirmed in early 2018; underlinestands that this knowledge would have allowed for a regular appointment procedure for his successor by one of the two public procedures foreseen by the Staff Regulations: (1) appointment by the College following publicaboth the President and his Head of Cabinet kept the hope until early 2018 that the former Secretary- General would stay on beyond 1 March 2018, as their preference was to keep the same Secretary-General until the end of the mandate in order not to jeopardise the smooth functioning of the post and selection procedure under Article 29 of the Staff Regulation; or, (2) transfer in the interest ofinstitution at a time of immerse internal and external challenges for the Union; understands that for this reason, they service pursuant to Article 7 of the Staff Regulations, equally upon publication of the post in order to allow any interested official to apply for such transfeuggested until mid-February repeatedly to the former Secretary-General to stay on, in view of the obvious difficulty to find swiftly an appropriate successor;
Amendment 56 #
2018/2624(RSP)
Paragraph 12
12. Underlines that by opting for the procedure under transfer of Article 7 of the Staff Regulations in the form of reassignment of the newly appointed Deputy Secretary-General with his post to the position of Secretary-General, it was possible to avoidnot necessary to publishing the vacant post of the retiring former Secretary- General; notes that the same procedure was used for the appointments of previous Secretaries- General; stresses, however, that this tradition of non-publication has reac that in view of the high degree of trust and confidence that must exist, in line with the job description given in Article 20 of the Commission’s Rules of Procedure, between the President of the Commission and the Secretary-General of thed its limnstitution, its insofar as it does nos logical that the choice of the President cforrespond anymore to modern standards of transparency this position is made between senior officials whom he knows well and who know the institution well;
Amendment 66 #
2018/2624(RSP)
Paragraph 14
14. StaNotes that twhis procedurle some Commissioners may have sbeems to have taken all other members of the College by surprise and avoided a debate among the Commissioners, since the appointment of a new Secretary-General did not appear on the agenda of the meeting of the College of Commissioners on 21 February 2018n surprised at the beginning about the announcement of the retirement of the former Secretary- General, all agreed with the President’s proposal to appoint Mr Selmayr as new Secretary-General, and they did so unanimously; notes that in view of the fact that the Juncker Commission understands itself as a political Commission and is composed of several former Prime Ministers, former Foreign Ministers, former Finance Ministers and other seasoned politicians, the Members of this Commission are entirely capable of assessing quickly a new situation and deciding upon it instantly on a proposal of the President, in line with Article 6 (5) of the Commission’s Rules of Procedure which allows the President to put any item on the agenda also during an ongoing College meeting;
Amendment 68 #
2018/2624(RSP)
Paragraph 15
Amendment 71 #
2018/2624(RSP)
Paragraph 16
Amendment 75 #
2018/2624(RSP)
Paragraph 17
17. Reminds that Directors-General in the European institutions are in charge of hundreds of staff members and the implementation of substantial budgets as authorizing officers, as well as having the obligation to sign a declaration of assurance in their annual activity report at the end of each financial year; questions therefore the Commission’s claim thatunderstands that according to Commission rules in place since 2004, Heads of Cabinets of the President could be considered equivalent to a Director- General position in terms of management and budgetary responsibilities; points out that the internal CommunicCommissioners are considered, in view of their important senior management function and of their important responsibility of preparing the weekly meetings of the College, as Director, while the Head of Cabinet of the President is considered, in view of his or her important responsibility for the smooth operation ofrom the President to the Commission governingdecision-making processes of the whole Commission in line with the composlition of the private offices of the Members of the Commission and of the Spokesperson’s service of 1 November 2014 does not supersede or modify the Staff Regulationscal guidelines of the President, as Director-General; while according to the Staff Regulations this function only allows a Head of Cabinet to move to a similar function in the Commission´s senior management after their service in a Cabinet if they have also achieved the necessary grade of AD14 or higher in their normal Commission career; noted that the new Secretary- General was AD14 in his normal Commission career since July 2014 and AD15 since January 2017;
Amendment 79 #
2018/2624(RSP)
Paragraph 18
18. States that the two-steps nominationappointment of the new Secretary -General constitutes a coup-like action which stretched and possibly even overstretched the limits of the lawof the Commission, proposed by the President in agreement with the Commissioner for Budget and Human Resources after consultation of the First Vice-President, is fully in line with the Staff Regulations and the Rules of Procedure of the Commission; notes positively that the new Secretary-General, though not legally required, went through a full selection procedure for the level of Director- General/Deputy Director-General before his appointment as Secretary-General, and that he is the first Secretary-General of the Commission who has been subject to an Assessment Centre prior to his appointment;
Amendment 94 #
2018/2624(RSP)
Paragraph 19
19. Points out that in order to maintain an independent, loyal and motivated European civil service, the Staff Regulations need to be applied in letter and spirit: this requires notably that Articles 4, 7 and 29 of the Staff Regulations need to be fully respected so that all “vacant posts in an institution shall be notified to the staff of that institution, once the appointing authority decides that the vacancy is to be filled” and that this obligation of transparency needs also to be respectedallows for transfers under Article 7 of the Staff Regulations, apart from very exceptional cases, as recognised by the Court of Justice;
Amendment 102 #
2018/2624(RSP)
Paragraph 20
20. Recalls that only through proper publication of vacant posts is it, when possible, is the way to secure a wide choice of suitably qualified candidates allowing for informed and optimal appointment decisions; stresses that publication procedures whose sole purpose is to fulfil the formal requirement for publications, have to be avoided by all European institutions and bodies;
Amendment 103 #
2018/2624(RSP)
Paragraph 21
21. Recommends that the decision- making processes and procedures of the College of Commissioners need to be strengthened in order to avoid any indiscriminate waving-through of appointments or other important decisions and that therefore it is necessary that all these items are included in the draft agendaCalls on the institutions to better explain to the public the way they make senior management decisions and the special requirements of the European Civil Service;
Amendment 105 #
2018/2624(RSP)
Paragraph 22
Amendment 113 #
2018/2624(RSP)
Paragraph 23
23. Invites the Commissall institutions to revokeassess its decisions by which it considers the function of Head of Cabinet of the President to be equivalent to the function of Director-General and the function of Head of Cabinet of a Commissioner to be equivalent to the function of Director; invites the Commission to put in place measures to ensure fair career advancement for members of cabinet; invites all institutions to put in place measures to ensure fair career advancement for members of cabinets and notably Heads of Cabinets, in view of their particular responsibility and senior management tasks;
Amendment 119 #
2018/2624(RSP)
Paragraph 24
24. Calls on the Commission to review, before the end of 2018, its administrative procedure for the appointment of senior officials with the objective of fully ensuring that the best candidates are selected in a framework of maximum transparency and equal opportunities, thereby also setting an example for the other European institutinvite a roundtable meeting at the appropriate level to discuss with the other EU institutions whether and how the application of the EU Staff Regulations, which apply to all EU institutions, can be further developed and strengthened, preserving the autonomy of each EU institution in its personnel decisions;
Amendment 41 #
2018/2113(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 73 #
2018/2113(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 14 #
2018/2070(ACI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas it is appropriate to recall the need for an objective, fair and transparent legal framework for the selection of projects to be funded under the Recovery and Resilience Facility.
Amendment 15 #
2018/2070(ACI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Whereas significant involvement of the regional and local authorities is crucial to achieve the goals set by the MFF and Next Generation EU, boosting a symmetric recovery not only between States but between regions too.
Amendment 20 #
2018/0254(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Recalls its resolution of 14 March 2018 on the next MFF: Preparing the Parliament’s position on the MFF post- 2020; reiterates its support for the creation of a European Defence Union, with a specific research programme in the area of defence of the Union and an industrial development programme in which Member States invest, in order to eliminate duplication and increase the strategic autonomy and efficiency of the European defence industry; reiterates that the Union can be stronger and more ambitious only if additional financial means are made available to it; calls, therefore, for ongoing support to be provided in the context of existing policies which increase resources for the Union’s flagship programmes, and for additional responsibilities to be matched with additional financial means;
Amendment 1120 #
2018/0228(COD)
Proposal for a regulation
Annex I – Part III – point 1 – table – Core network corridor “Mediterranean”
Annex I – Part III – point 1 – table – Core network corridor “Mediterranean”
Core network corridor "Mediterranean" Alignment Algeciras – Bobadilla –Madrid – Zaragoza – Tarragona Zaragoza – Teruel – Valencia/Sagunto Valencia – Madrid Sevilla – Bobadilla – Murcia Cartagena – Murcia – Valencia – Tarragona/Palma de Mallorca – Barcelona Tarragona – Barcelona – Perpignan – Marseille – Genova/Lyon – Torino – Novara – Milano – Bologna/Verona – Padova – Venezia – Ravenna/Trieste/Koper – Ljubljana – Budapest Ljubljana/Rijeka – Zagreb – Budapest – UA border Pre- Cross- Lyon – Torino: base tunnel and access Rail identified border routes sections Nice – Ventimiglia Trieste – Divača Ljubljana – Zagreb Zagreb – Budapest Budapest – Miskolc – UA border Lendava – Letenye Road Vásárosnamény – UA border Missing Perpignan – Montpellier Rail link Koper – Divača Rijeka – Zagreb Milano – Cremona – Mantova – Porto Inland Levante/Venezia – Ravenna/Trieste waterways
Amendment 128 #
2018/0218(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 145 #
2018/0218(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 212 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 1308/2013
Article 6
Article 6
Amendment 222 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1308/2013
Article 7 – paragraph 1 – letter g – point i
Article 7 – paragraph 1 – letter g – point i
(3a) in Article 7, subparagraph 1, letter (g), point i) is replaced by the following: "i) EUR 17792250/tonne for extra virgin olive oil; " Or. es (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32013R1308&from=EN)
Amendment 227 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EU) No 1308/2013
Article 7 – paragraph 1 – letter g – point ii
Article 7 – paragraph 1 – letter g – point ii
Amendment 228 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 c (new)
Article 1 – paragraph 1 – point 3 c (new)
Regulation (EU) No 1308/2013
Article 7 – paragraph 1 – point g – point iii
Article 7 – paragraph 1 – point g – point iii
(3c) in Article 7, subparagraph 1, letter (g), point iii) is replaced by the following: "iii)EUR 1 524890/tonne for lampante olive oil with two degrees of free acidity, this amount being reduced by EUR 36,70/tonne for each additional degree of acidity. " Or. es (https://eur-lex.europa.eu/legal- content/ES/TXT/HTML/?uri=CELEX:32013R1308&from=EN)
Amendment 257 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c – point i
Article 1 – paragraph 1 – point 4 – point c – point i
Regulation (EU) No 1308/2013
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 287 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c – point iii a (new)
Article 1 – paragraph 1 – point 4 – point c – point iii a (new)
Regulation (EU) No 1308/2013
Article 23a – paragraph 4 a (new)
Article 23a – paragraph 4 a (new)
(iiia) This figure may come to 25% for those Member States with outermost regions listed in Article 349 of the TFEU and in other duly justified instances;
Amendment 291 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 1 – paragraph 1 – point 4 – point d a (new)
Regulation (EU) No 1308/2013
Article 61
Article 61
(da) Article 61 is replaced by the following: "Article 61 Duration The scheme of authorisations for vine plantings established in this Chapter shall apply from 1 January 2016 to 31 December 20350, with a mid-term review to be undertaken by the Commission to evaluate the operation of the scheme and, if appropriate, make proposals. " Or. es (https://eur-lex.europa.eu/legal- content/ES/TXT/HTML/?uri=CELEX:32013R1308&from=EN)
Amendment 309 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1308/2013
Article 63 – paragraph 1 a (new)
Article 63 – paragraph 1 a (new)
Amendment 322 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Regulation (EU) No 1308/2013
Article 64 – paragraph 3 a (new)
Article 64 – paragraph 3 a (new)
Amendment 335 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) No 1308/2013
Article 64 – paragraph 2 – letter h a (new)
Article 64 – paragraph 2 – letter h a (new)
Amendment 358 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1308/2013
Article 81 – paragraph 2 – subparagraph 2
Article 81 – paragraph 2 – subparagraph 2
Amendment 371 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1308/2013
Article 81 – paragraph 2 – subparagraph 2 – point b
Article 81 – paragraph 2 – subparagraph 2 – point b
b) the variety concerned comes from a cross between the species Vitis vinifera, Vitis Labrusca and other species of the genus Vitis. is not one of the following: Noah, Othello, Isabelle, Jacquez, Clintony Herbemont. Or. es (https://eur-lex.europa.eu/legal- content/ES/TXT/HTML/?uri=CELEX:32013R1308&from=EN)
Amendment 375 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1308/2013
Article 81 – paragraph 2 – subparagraph 2 a (new)
Article 81 – paragraph 2 – subparagraph 2 a (new)
To avoid differences between the various Member States, when a wine grape variety is approved in a Member State, said authorisation process shall be streamlined in other Member States making a request to that effect.
Amendment 396 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EU) No 1308/2013
Article 93 – paragraph 1 – point a – subpoint v
Article 93 – paragraph 1 – point a – subpoint v
v) whichthe product is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.;
Amendment 432 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point a
Article 1 – paragraph 1 – point 18 – point a
Regulation (EU) No 1308/2013
Article 119 – paragraph 1
Article 119 – paragraph 1
Labelling and presentation of the products referred to in points 1 to 11, 13, 15, 16, 18, 19 and 1920 of Part II of Annex VII marketed in the Union or for export shall contain the following compulsory particulars:;
Amendment 458 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 1308/2013
Article 120 – paragraph 1 – introductory part
Article 120 – paragraph 1 – introductory part
In Article 120(1), the introductory sentence is replaced by the following: Labelling and presentation of the products referred to in points 1 to 11, 13, 15, 16, 18 and 19 and 20 of Part II of Annex VII may, in particular, contain the following optional particulars:. Or. es (https://eur-lex.europa.eu/legal- content/ES/TXT/HTML/?uri=CELEX:32013R1308&from=EN)
Amendment 484 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Regulation (EU) No 1308/2013
Article 149 – paragraph 2 – letter c – point i
Article 149 – paragraph 2 – letter c – point i
22b) In Article 149(2)(c), point (i) is replaced by the following: “i) the volume of raw milk covered by such negotiations does not exceed 3,5 % of total Union production; and ” Or. es (https://eur-lex.europa.eu/legal- content/ES/TXT/HTML/?uri=CELEX:32013R1308&from=EN)
Amendment 555 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 d (new)
Article 1 – paragraph 1 – point 22 d (new)
Regulation (EU) No 1308/2013
Article 167
Article 167
22 d) In Title II, Chapter III, Section 4, Article 167 is replaced by the following: “Marketing rules to improve and stabilise the operation of the common market in wines 1. In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by interbranch organisations recognised under Articles 157 and 158. Such rules shall be proportionate to the objective pursued and shall not: a) relate to any transaction after the first marketing of the produce concerned; b) allow for price fixing, including where prices are set for guidance or recommendation; c) render unavailable an excessive proportion of the vintage that would otherwise be available; d)provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules. 2. The rules provided for in paragraph 1 shall be brought to the attention of operators by being published in full in an official publication of the Member State concerned. 3. Member States shall notify the Commission of any decisions taken under this Article. ” Or. es (https://eur-lex.europa.eu/legal- content/ES/TXT/HTML/?uri=CELEX:32013R1308&qid=1544183417004&from=EN)
Amendment 567 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EU) No 1308/2013
Article 182 – paragraph 1 – letter b a (new)
Article 182 – paragraph 1 – letter b a (new)
Amendment 663 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Regulation (EU) No 1308/2013
Annex VII – part II – point 19 a (new)
Annex VII – part II – point 19 a (new)
Amendment 251 #
2018/0217(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point b
Article 8 – paragraph 3 – subparagraph 1 – point b
(b) the annual performance report referred to in Article 52(1) and Article 121 of Regulation (EU) .../... (Strategic Plans Regulation), showing that the expenditure was made in accordance with Article 35;
Amendment 294 #
2018/0217(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The competent authority shall, by way of a formal act, decide on the issuing or, following a review, the withdrawal of the accreditation of the paying agency, the certification body and the coordinating body on the basis of an examination of the accreditation criteria to be adopted by the Commission in accordance with point (a) of Article 10(1). The competent authority shall inform the Commission of accreditations and withdrawals of accreditations without delay.
Amendment 295 #
2018/0217(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point a
Article 10 – paragraph 2 – subparagraph 1 – point a
(a) the procedures for issuing, withdrawing and reviewing accreditation of paying agencies and coordinating bodies and for establishing certification bodies, as well as the procedures for the supervision of the accreditation of paying agencies;
Amendment 299 #
2018/0217(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
Article 11 – paragraph 1 – subparagraph 1 a (new)
However a Member State that accredits more than one certification body may also appoint a public certification body at national level to be responsible for coordination.
Amendment 329 #
2018/0217(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 a (new)
Article 14 – paragraph 1 – subparagraph 1 a (new)
The reserve funds shall include EAGF appropriations not used in the previous year.
Amendment 366 #
2018/0217(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 3
Article 14 – paragraph 2 – subparagraph 3
Amendment 377 #
2018/0217(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
An adjustment rate for direct payments interventions referred to in point (c) of Article 5(2) of this Regulation and Union financial contribution to the specific measures referred to in point (f) of Article 5(2) of this Regulation and granted under Chapter IV of Regulation (EU) No 228/2013 and Chapter IV of Regulation (EU) No 229/2013, ("the adjustment rate") shall be determined by the Commission when the forecasts for the financing of the interventions and measures financed under that sub-ceiling for a given financial year indicate that the applicable annual ceilings will be exceeded.
Amendment 380 #
2018/0217(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
An adjustment rate for direct payments interventions referred to in point (c) of Article 5(2) of this Regulation and Union financial contribution to the specific measures referred to in point (f) of Article 5(2) of this Regulation and granted under Chapter IV of Regulation (EU) No 228/2013 and Chapter IV of Regulation (EU) No 229/2013, ("the adjustment rate") shall be determined by the Commission for beneficiaries in receipt of aid in excess of EUR 2 000 when the forecasts for the financing of the interventions and measures financed under that sub-ceiling for a given financial year indicate that the applicable annual ceilings will be exceeded.
Amendment 395 #
2018/0217(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission may adopt implementing acts determining supplementary payments or deductions adjusting the payments made in accordance with paragraph 3, without applying the procedure referred to in Article 101.
Amendment 417 #
2018/0217(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point a
Article 29 – paragraph 1 – subparagraph 1 – point a
(a) in 2021: 1.5 % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan;
Amendment 423 #
2018/0217(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point b
Article 29 – paragraph 1 – subparagraph 1 – point b
(b) in 2022: 1.5 % of the amount of support from the EAFRD for the entire duration of the CAP Strategic Plan;
Amendment 426 #
2018/0217(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point c
Article 29 – paragraph 1 – subparagraph 1 – point c
Amendment 449 #
2018/0217(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall automatically decommit any portion of a budget commitment for rural development interventions in a CAP Strategic Plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 30(3) has been presented to it in relation to expenditure effected by 31 December of the seconthird year following that of the budget commitment.
Amendment 459 #
2018/0217(COD)
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1 – point a
Article 32 – paragraph 4 – subparagraph 1 – point a
(a) that part of the budget commitments for which a declaration of expenditure has been made but for which reimbursement has been reduced or suspended by the Commission at 31 December of year N + 23;
Amendment 602 #
2018/0217(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
Sums recovered by the Member States following the occurrence of irregularities and other cases of non-compliance by beneficiaries with the conditions of the interventions referred to in the CAP Strategic Plan and the interest thereon, which Member States shall calculate as from the day following the expiry date of the period granted to the beneficiary for payment thereof, shall be made over to the paying agency and booked by it as revenue assigned to the EAGF in the month in which the sums are actually received. Member States shall lay down the minimum amount to be implemented in this section, in accordance with the terms for minimum reimbursement to beneficiaries on account of financial discipline.
Amendment 607 #
2018/0217(COD)
Proposal for a regulation
Article 54 – paragraph 1 a (new)
Article 54 – paragraph 1 a (new)
Member States may, in accordance with the previous paragraph, deduct any outstanding debts owed by a beneficiary from future payments to said beneficiary and shall charge the paying agency, as the body responsible for recovery of debts, with this task.
Amendment 616 #
2018/0217(COD)
Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
Amounts of the Union financing under the EAFRD which are cancelled and amounts recovered, and the interest thereon, which Member States shall calculate as from the day following the expiry date of the period granted to the beneficiary for payment, shall be reallocated to other rural development interventions in the CAP Strategic Plan. However, the cancelled or recovered Union Funds may be reused by Member States only for a rural development operation under the national CAP Strategic Plan and provided the funds are not reallocated to rural development operations which have been the subject of a financial adjustment. Member States may decide the minimum amount applicable to this section, in accordance with the terms for minimum reimbursement to beneficiaries.
Amendment 666 #
2018/0217(COD)
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
3. Without prejudice to the responsibilities of the Member States for the implementation and application of the integrated system, the Commission may seek thshall be assistance ofed by specialised bodies or persons in order to facilitate the establishment, monitoring and operation of the integrated system, in particular, with a view to providing the competent authorities of the Member States with technical advice.
Amendment 730 #
2018/0217(COD)
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 1 a (new)
Article 84 – paragraph 1 – subparagraph 1 a (new)
Notwithstanding the first sub-paragraph, Member States may decide not to apply the control system to beneficiaries of the Small Farmers Scheme referred to in Article 25 of Regulation (EU) No...on CAP strategic plans.
Amendment 836 #
2018/0217(COD)
Proposal for a regulation
Article 88 – paragraph 1 – subparagraph 1 – point c – point iii a (new)
Article 88 – paragraph 1 – subparagraph 1 – point c – point iii a (new)
(iiia) the annual performance report.
Amendment 545 #
2018/0216(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to give substance topursue the objectives of the CAP as established by Article 39 of the Treaty on the Functioning of the European Union (TFEU), as well as to ensure that the Union adequately addresses its most recent challenges, it is appropriate to provide for a set of general objectives reflecting the orientations given in the Communication on ‘The Future of Food and Farming’. A set of specific objectives should be further defined at Union level and applipursued by the Member States in their CAP Strategic Plans. While striking a balance across the dimensions of sustainable development, in line with the impact assessment, these specific objectives should translate the general objectives of the CAP into more concrete priorities and take into account relevant Union legislation, particularly with regard to climate, energy and environmentin the economic, environmental and social spheres, with a particular focus on depopulated areas, and take into account relevant Union legislation.
Amendment 715 #
2018/0216(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Small farms remain a cornerstone of Union agriculture as they play a vital role in supporting rural employment and contribute to territorial development. In order to promote a more balanced distribution of support and to reduce administrative burden for beneficiaries of small amounts, Member States should have the option of offering to small farmers the possibility of replacing the other direct payments by providing a round some payment for small farmer. However, with a view to further reducing the administrative burden, Member States must be authorised to automatically include certain farmers, initially, within the simplified scheme, offering them the possibility of withdrawing from it by a specific deadline. In line with the principle of proportionality, the Member States must be given the possibility of establishing for small farmers that participate in the simplified scheme a reduced system of cross-compliance checks.
Amendment 783 #
2018/0216(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) Given that the vast majority of wine-sector businesses are small and medium sized, a derogation to the maximum duration of the measure concerning promotion in third countries for operations whose beneficiaries are PDO/PGI management bodies should be introduced, as all wine-producing holdings benefit from the measure and many of them are small and medium-sized businesses that do not have the means to promote themselves in third-country markets on their own for any length of time. In this context, the fact that it is impossible to carry out long-lasting campaigns with the same activities or groups puts small and medium-sized wineries at a disadvantage compared with large wineries.
Amendment 825 #
2018/0216(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to ensure a fair income and a resilient agricultural sector across the Union territory, Member States may grant support to farmers in areas facing natural and other area-specific constraints, including island regions. As regards payments for ANC, the designation of the 2014-2020 Rural Development policy should continue to apply. For the CAP to deliver enhanced Union added on the environment and reinforce its synergies with the financing of investments in nature and biodiversity, it is necessary to keep a separate measure aiming at compensating beneficiaries for disadvantages related to the implementation of Natura 2000 and Water Framework Directives. Support should therefore continue to be granted to farmers and forest holders to help address specific disadvantages resulting from the implementation of Directive 2009/147/EC and Directive 92/43/EEC and in order to contribute to the effective management of Natura 2000 sites. Support should also be made available to farmers to help address disadvantages in river basin areas resulting from the implementation of the Water Framework Directive. Support should be linked to specific requirements described in the CAP Strategic Plans that go beyond relevant mandatory standards and requirements. Member States should also ensure that payments to farmers do not lead to double funding with eco schemes. Furthermore, the specific needs of Natura 2000 areas should be taken into account by Member States in the overall design of their CAP Strategic Plans.
Amendment 872 #
2018/0216(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In the light of the need to ensure appropriate risk management tools, insurance premia and mutual funds should be maintained, financed by the EAFRD. The category of mutual funds encompasses both those linked to production losses, and the general and sector-specific income stabilisation tools, linked to income losses. However, the compatibility of EARDF- financed interventions with national risk management systems must be ensured.
Amendment 881 #
2018/0216(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Support should enable the establishment and implementation of cooperation between at least two entities in view of achieving CAP objectives. Support can entail all aspects of such cooperation, such as the setting up and the promotion of quality schemes; collective environmental and climate action; the promotion of short supply chain and local markets; pilot projects; Operational Group projects within the EIP for agricultural productivity and sustainability local development projects, Smart Villages, buyers' clubs and machinery rings; farm partnerships; forest management plans; networks and clusters; social farming; community supported agriculture; actions within the scope of LEADER; and the setting up of producer groups and producer organisations, including the producer groups recognised under Regulation (EU) No 1151/2012, as well as other forms of cooperation deemed necessary to achieve the specific objectives of the CAP.
Amendment 923 #
2018/0216(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to facilitate the management of EAFRD funds, a singlegeneral contribution rate for support from the EAFRD should be set in relation to public expenditure in the Member States. In order to take account of their particular importance or nature, specific contribution rates should be set in relation to certain types of operations. In order to mitigate the specific constraints resulting from the level of development, the remoteness and insularity, an appropriate EAFRD contribution rate should be set for less developed regions, of the outermost regions referred to in Article 349 TFEU and the smaller Aegean islands as defined in Article 1(2) of Regulation (EU) No 229/2013 and the specific disadvantages for the rest of the island regions, a higher EAFRD contribution rate should be set for those regions.
Amendment 1073 #
2018/0216(COD)
Proposal for a regulation
Recital 92 a (new)
Recital 92 a (new)
(92a) The European Union’s island regions face specific difficulties in carrying out agricultural activities and developing rural areas. An assessment of the impact of the Common Agricultural Policy should be carried out in those regions and the idea of extending the measures laid down in Regulation (EU) no 229/2013 to all the island regions in the EU should be explored.
Amendment 1285 #
2018/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) 'new farmer' shall be defined in such a way that it includes: i) the conditions for being 'head of the holding'; ii) the appropriate training and/or skills. The definition of ‘new farmer’ shall exclude those meeting the definition in point (e).
Amendment 1340 #
2018/0216(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Another cross-cutting objective shall be to promote relations between the various actors in the food-value chain, strengthening contractual relations and incorporating tools to improve market transparency, such as price observatories, devising standards for the analysis of production costs and setting up early- warning systems to prevent crisis situations in markets.
Amendment 1613 #
2018/0216(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Nevertheless, Member States may establish exemptions from administrative penalties during periods in which there are no suitable alternatives to the use of certain plant or animal health products which are prohibited or subject to restrictions.
Amendment 2040 #
2018/0216(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. In specific situations, where, owing to the nature of the farming system, farmers do not have land but have been granted aid in the form of the basic payment at the entry into force of this regulation, basic income support shall be an amount per holding.
Amendment 2066 #
2018/0216(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Member States may establish mechanisms that limit the national area eligible.
Amendment 2175 #
2018/0216(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
Member States may establish for small farmers participating in this scheme a simplified system for the cross-compliance checks laid down in the Regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013.
Amendment 2212 #
2018/0216(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Member States shall take account in the criteria for distribution of this support of the natural and specific constraints some regions, including island ones, are faced with in developing their farming.
Amendment 2537 #
2018/0216(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
The list of products mentioned in the first paragraph may be extended in island and other areas with specific natural disadvantages to take account of the latter.
Amendment 2539 #
2018/0216(COD)
Proposal for a regulation
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
Member States may add other production sectors to those listed in the first paragraph, provided that this is shown to be justified following a needs analysis.
Amendment 2593 #
2018/0216(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point f
Article 39 – paragraph 1 – point f
(f) other sectors referred to in points (a) to (h), (k), (m), (o) to (t) and (w) of Article 1(2) of Regulation (EU) No 1308/2013Article 1(2) of Regulation (EU) No 1308/2013, as well as protein crops, potatoes, rabbits, cotton and Equidae.
Amendment 2855 #
2018/0216(COD)
Proposal for a regulation
Article 46 – paragraph 3 – point g a (new)
Article 46 – paragraph 3 – point g a (new)
(ga) producer organisation operating in an island region.
Amendment 2921 #
2018/0216(COD)
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
4. The Union financial assistance to the interventions referred to in paragraph 2 shall be maximum 750% of the expenditure, except for the outermost regions, where the ceiling shall be 85%. The remaining part of the expenditure shall be borne by the Member States.
Amendment 3009 #
2018/0216(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point h – point v a (new)
Article 52 – paragraph 1 – point h – point v a (new)
(va) actions to diversify and consolidate markets;
Amendment 3020 #
2018/0216(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The Member States shall substantiate in their CAP Strategic Plans their choice of objectives and the types of intervention in the wine sector. Within the chosen types of intervention, they shall define interventions. Member States may lay down specific provisions for the information and promotion actions by the management bodies of the protected designations of origin and protected geographical indications, on behalf of all the enterprises concerned, particularly with regard to the maximum length of the actions.
Amendment 3037 #
2018/0216(COD)
Proposal for a regulation
Article 53 – paragraph 5 – subparagraph 1 – point a
Article 53 – paragraph 5 – subparagraph 1 – point a
(a) 50% of eligible investment costs in regions other than less developed regions and in island regions other than those referred to in points (c) and (d);
Amendment 3091 #
2018/0216(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point d a (new)
Article 58 – paragraph 1 – point d a (new)
(da) In the case of island regions the above percentages shall be increased by 10 percentage points.
Amendment 3418 #
2018/0216(COD)
Proposal for a regulation
Article 65 – paragraph 9 a (new)
Article 65 – paragraph 9 a (new)
Amendment 3436 #
2018/0216(COD)
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. These payments shall be granted to genuine farmers in respect of areas designated pursuant to Article 32 of Regulation (EU) No 1305/2013, including the island regions.
Amendment 3441 #
2018/0216(COD)
Proposal for a regulation
Article 66 – paragraph 2 a (new)
Article 66 – paragraph 2 a (new)
(2a) In the case of a legal person, or a group of natural or legal persons, Member States may apply the support at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned.
Amendment 3521 #
2018/0216(COD)
Proposal for a regulation
Article 68 – paragraph 3 – subparagraph 1 – point f
Article 68 – paragraph 3 – subparagraph 1 – point f
f) investments in irrigation which are not consistent with the achievement of good status of water bodies, as laid down in Article 4(1) of Directive 2000/60/EC, including expansion of irrigation affecting water bodies whose status has been defined as less than goodefined in the relevant river basin management plan; under Article 4(1) of Directive 2000/60/EC,
Amendment 3651 #
2018/0216(COD)
Proposal for a regulation
Article 69 – paragraph 2 – point c a (new)
Article 69 – paragraph 2 – point c a (new)
(ca) any farmers who sell their holding to another farmer, with the establishment of a free competition rule to prioritise smaller sales in the event that restrictions need to be applied for budgetary reasons.
Amendment 3680 #
2018/0216(COD)
1a. The sectors set out in Article 30 shall take priority as regards benefiting from market risk management tools; where necessary, priority may be given to any perishable goods that do not receive coupled income support.
Amendment 3761 #
2018/0216(COD)
Proposal for a regulation
Article 70 – paragraph 7 a (new)
Article 70 – paragraph 7 a (new)
7a. Any Member States that introduce national risk management schemes or already have such schemes before the entry into force of this Regulation may use the instruments set out in this Article to cover any risk types not covered by those schemes.
Amendment 3766 #
2018/0216(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. Member States may grant support for cooperation under the conditions set out in this Article and as further specified in their CAP Strategic Plans to prepare and to implement Operational Group projects of the European Innovation Partnership for agricultural productivity and sustainability as referred to in Article 114 and LEADER, referred to as community-led local development in Article 25 of Regulation (EU) [CPR], and to promote quality schemes, producer organisations or producer groups, including the producer groups recognised by Regulation (EU) No 1151/2012, or other forms of cooperation.
Amendment 3795 #
2018/0216(COD)
Proposal for a regulation
Article 71 a (new)
Article 71 a (new)
Article 71a Thematic sub-programmes for quality schemes for agricultural products and foodstuffs Member States may establish a thematic sub-programme for the quality schemes for agricultural products and foodstuffs provided for in Regulation (EU) No 1151/2012 that achieves the specific objectives set out in Article 6(1).
Amendment 3834 #
2018/0216(COD)
Proposal for a regulation
Article 73 – paragraph 1 – subparagraph 1
Article 73 – paragraph 1 – subparagraph 1
The Managing Authority of the CAP Strategic Plan or other designated intermediate bodies shall define selection criteria for interventions relating to the following types of interventions: investments, installation of young farmers and new farmers, rural business start-up, cooperation, knowledge exchange and information, specific measures in favour of rural women, after consultation of the Monitoring Committee referred to in Article 111. Selection criteria shall aim to ensure equal treatment of applicants, better use of financial resources and targeting of the support in accordance with the purpose of the interventions.
Amendment 3885 #
2018/0216(COD)
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
1. Expenditure shall be eligible for contribution from the EAGF and the EAFRD from 1 January of the year following the year of the approval of the CAP Strategic Plan by the Commis(Does not affect the English version.)
Amendment 3921 #
2018/0216(COD)
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 1 – point a
Article 85 – paragraph 2 – subparagraph 1 – point a
a) 70% of85% the eligible public expenditure in the outermost regions and in the smaller Aegean islands within the meaning of Regulation (EU) No 229/2013, along with the other island regions;
Amendment 3924 #
2018/0216(COD)
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 1 – point a
Article 85 – paragraph 2 – subparagraph 1 – point a
a) 7085% of the eligible public expenditure in the outermost regions and in the smaller Aegean islands within the meaning of Regulation (EU) No 229/2013;
Amendment 3990 #
2018/0216(COD)
Proposal for a regulation
Article 85 – paragraph 3 a (new)
Article 85 – paragraph 3 a (new)
3a. The financial envelope for the EAFRD shall include an additional specific amount in those rural areas with low population levels.
Amendment 4033 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 2
Article 86 – paragraph 2 – subparagraph 2
The firstsecond subparagraph does not apply to the outermost regions.
Amendment 4136 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 7
Article 86 – paragraph 7
Amendment 4299 #
2018/0216(COD)
Proposal for a regulation
Article 95 – paragraph 1 – point c a (new)
Article 95 – paragraph 1 – point c a (new)
(ca) a list of regionalised interventions, if relevant;
Amendment 4332 #
2018/0216(COD)
Proposal for a regulation
Article 96 – paragraph 1 – point d
Article 96 – paragraph 1 – point d
(d) where applicable, an analysis of the specific needs of vulnerable geographical areas, such as the outermost regions and island regions;
Amendment 4936 #
2018/0216(COD)
Proposal for a regulation
Article 141 a (new)
Article 141 a (new)
Amendment 19 #
2018/0210(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Recalls its resolution of 14 March 2018 on the next MFF: Preparing the Parliament’s position on the MFF post- 2020; reiterates that a stronger and a more ambitious Union can only be achieved if it is provided with additional financial means; calls, therefore, for support for existing policies to be continued, for resources for the Union's flagship policies – specifically the Common Agricultural Policy, the Common Fisheries Policy and cohesion policy – to be stepped up, as they provide Union citizens with tanglible benefits, and for additional responsibilities to be accompanied by additional financial means;
Amendment 26 #
2018/0210(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Regulation should contribute to mainstream climate actions and to the achievement as soon as possible of an overall target of 2530% of the Union budget expenditures supporting climate objectives. Actions under this Regulation are expected to contribute to 30% of the overall financial envelope of the EMFF to climate objectives. Relevant actions will be identified during the preparation and implementation of the EMFF, and reassessed in the context of the relevant evaluations and review processes.
Amendment 13 #
2018/0207(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 109 #
2018/0197(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In addition, investments under the ERDF should contribute to the development of a comprehensive high- speed digital infrastructure network, particularly in rural areas, and to promoting clean and sustainable multimodal urban mobility.
Amendment 163 #
2018/0197(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Trans-European transport networks projects in accordance with Regulation (EU) No 1316/2013 shall continue to be financed from the Cohesion Fund via both shared management and the direct implementation mode under the Connecting Europe Facility ('CEF'). These networks must prioritise investment in road transport networks in rural areas, especially in sparsely populated areas, in order to foster interconnectivity between cities and the countryside, promote rural development, and combat both rural depopulation and the overcrowding of urban centres.
Amendment 174 #
2018/0197(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to maximise the contribution to territorial development, actions in this field should be based on integrated territorial strategies including, especially in sparsely populated rural areas and in urban areas. Therefore, the ERDF support should be delivered through the forms set out in Article 22 of Regulation (EU) 2018/xxxx [new CPR] ensuring appropriate involvement of local, regional and urban authorities.
Amendment 221 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – point ii
Article 2 – paragraph 1 – point a – point ii
(ii) reaping the benefits of digitisation for citizens, companies and governments at regional and local level, with a special focus on rural areas, mountainous areas, areas that are difficult to access, areas affected by industrial transition and regions that suffer from severe and permanent natural or demographic handicaps;
Amendment 375 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – point iv a (new)
Article 2 – paragraph 1 – point d – point iv a (new)
(iv a) providing support for physical, economic and social regeneration in deprived communities (in urban and rural areas).
Amendment 407 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – point ii
Article 2 – paragraph 1 – point e – point ii
(ii) fostering the integrated social, economic and environmental local development, cultural heritage and security, including for rural areas, mountain regions, sparsely populated areas, certain islands and coastal areas, alsos well as other types of territory, through community-led local development.
Amendment 424 #
2018/0197(COD)
(iib) supporting integrated territorial development for NUTS level 3 areas, areas with ageing populations and rural areas in order to improve their transport and telecommunications infrastructure, to bridge the digital divide (including between generations), and to improve public services, including eLearning, co- working and eHealth.
Amendment 768 #
2018/0197(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Areas facing demographic challenges In operational programmes that are co- funded by the ERDF and cover areas facing severe and permanent natural or demographic challenges such as those referred to in Article 174 TFEU, special attention must be paid to addressing the challenges facing those areas. In particular, NUTS level 3 areas or clusters of local administrative units (LAUs) with a population density of below 12.5 inhabitants per km2 for sparsely populated areas or below 8 inhabitants per km2 for very sparsely populated areas, or with an average population decrease of more than 1% between 2007 and 2017 shall be subject to specific regional and national plans to enhance attractiveness, increase business investment and boost the accessibility of digital and public services, including a fund in the cooperation agreement.
Amendment 148 #
2018/0196(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Particular attention should be paid to rural areas, mountain areas, areas hard to reach, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps.
Amendment 250 #
2018/0196(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The decline in the working population in relation to the population as a whole, coupled with an ever-increasing percentage of pensioners, and the problems associated with population dispersion are expected to impose continuing strains, especially on Member States’ education systems and social safety nets and hence on the Union’s economic competitiveness. Adaptation to these demographic shifts is one of the main challenges facing Member States and regions in the years ahead and should accordingly be a focus of particular attention in the regions most affected by demographic change.
Amendment 435 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) Investment for jobs and growth, including strategic infrastructure investments in the Member States and regions most affected, to be supported by the ERDF, the ESF+ and the Cohesion Fund, so as to help ensure the necessary public service provision, while improving personal prospects and employment opportunities in the area concerned; and
Amendment 622 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) where applicable, an integrated approach to address demographic challenges for the regions or the specific needs of geographical areas which suffer from severe and permanent natural or demographic handicaps as referred in Article 174 TFEU.
Amendment 973 #
2018/0196(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Programming in areas with severe and permanent natural or demographic handicaps In programmes covering areas with severe and permanent natural or demographic handicaps, as referred to in Article 174 TFEU, particular attention shall be paid to the specific difficulties of those areas. In particular, NUTS level 3 areas or clusters of local administrative units (LAUs) with a population density below 12.5 inhabitants per km2 for sparsely populated areas or below 8 inhabitants per km2 for very sparsely populated areas, or with an average annual population decrease of more than 1% between 2007 and 2017, shall be subject to specific regional and national plans to enhance attractiveness, increase business investment, and promote social inclusion, through preparatory programmes for people living in declining regions, social and digital inclusion for women, young people, and older adults, and digital and public service accessibility, including dedicated funding under the partnership agreement1 a. NUTS level 3 areas where the fall in GDP has been above the national average since 2007 shall also be subject to regional and national plans to enhance economic attractiveness and build capacity within the existing labour force, and build and attract new capacities and workers, which shall be financed by dedicated funding under the partnership agreement. _________________ 1a As called for in the 2012 ESPON study entitled ‘Making the best of Europe’s sparsely populated areas on making geographic specificity a driver for territorial development in Europe’.
Amendment 1823 #
2018/0196(COD)
Proposal for a regulation
Article 103 – paragraph 2 – subparagraph 2
Article 103 – paragraph 2 – subparagraph 2
That decision shall also set out the annual breakdown of the global resources per Member State under the European territorial cooperation goal (Interreg). Therefore, the minimum overall allocation of the Funds, at both national and regional level, shall be equal to 76 % of the budget allocated to each Member State or region during the period 2014- 2020. In any case, no region which is downgraded in category shall receive less than what it receives in the 2014-2020 financial framework.
Amendment 1922 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 7085 % for the less developed regions;
Amendment 1944 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
Article 106 – paragraph 3 – subparagraph 1 – point b
(b) 5570 % for the transition regions;
Amendment 1959 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c
Article 106 – paragraph 3 – subparagraph 1 – point c
(c) 450 % for the more developed regions.
Amendment 1963 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c a (new)
Article 106 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) No region that is downgraded in category may have its co-financing rate cut by more than 10 points compared with the period 2014-2020.
Amendment 1965 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 2
Article 106 – paragraph 3 – subparagraph 2
The co-financing rates set out underlaid down in point (a), shall also apply to outermost regions and those regions which have depopulation problems (less than 12.5 inhabitants per square kilometre at NUTS 3 level).
Amendment 1987 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 a (new)
Article 106 – paragraph 3 a (new)
3a. The co-financing rate referred to in objective (xi) of Article [4] of the ESF+ Regulation shall not be less than 85% or more than 100%.
Amendment 2084 #
2018/0196(COD)
Proposal for a regulation
Annex XXIV – point 15 a (new)
Annex XXIV – point 15 a (new)
15a. No region which is downgraded in category shall receive less than what it receives in the 2014-2020 financial framework.
Amendment 19 #
2017/2233(ACI)
Motion for a resolution
Recital E
Recital E
Amendment 11 #
2017/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the alignment of the future MFFs with the duration of Parliament’s legislative term and the Commission’s mandate, thereby reducing the length of the MFF from seven to five years, provided that this does not hinder either the implementation or the management of those policies that require multiannual programming;
Amendment 4 #
2017/2043(BUD)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Calls for maintaining the EU support to sports policy, the sports chapter of the Erasmus+ programme and the financing of Special Events, such as the Special Olympics in 2017;
Amendment 1 #
2016/2326(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. SMaintains that cohesion policy is the most visible, palpable, and quantifiable expression of European solidarity and fairness and has been instrumental in mitigating the effects of the crisis within the EU; stresses that in the last few years cohesion policy has become the main EU investment policy and a tool for attaining the general political objectives of the Union in addition to the specific goals enshrined in the Treaties; is of the opinion that cohesion policy post 2020 should continue to serve this purpose and remain a policy for all Member States and regions; considers, therefore,at this policy must not be weakened under any circumstances, Brexit included, and that its share in the total EU budget should be maintained in the future;
Amendment 12 #
2016/2326(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the increasing need for flexibility in the EU budget in general, including in cohesion polic order to cope with unforeseen events; considers that cohesion policy should also be made more flexible and, without undermining thematic concentration, facilitate reprogramming as and where necessary; encourages the Commission to explore different solutions that would enable the policy to be readily adapted to new challenges during a programming period; considers and to determine whether the creation of a reserve at EU level might be an interesting option in this context; believes, however, that efforts in this regard should be made both at EU level and at national and regional levels; also calls for more flexibility and simplification in policy implementation for Member States and regions, while supporting the shared management implementation method, which is the best way of dealing with the many and varied challenges that this policy has to tackle;
Amendment 15 #
2016/2326(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers the linkage between cohesion policy and economic governance to be sharply at odds with the aims of cohesion policy, namely reducing development gaps between Europe’s countries and regions by promoting the economic, social, and territorial cohesion of the EU as a whole, as laid down in the Treaties;
Amendment 83 #
2016/2323(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that investments in research and innovation represent a pre- condition for achieving genuine competitiveness in the EU; regexpretss the fact that, as a result of an alarminglyconcern for the low success rate of funding applications, fewer high- quality projects in the field of research and innovation are receiving EU funding; calls, calling in this respect for an adequate level of appropriations to be ensured for Horizon 2020 as well as continuing with its simplification agenda;
Amendment 84 #
2016/2323(BUD)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Regrets the fact that, as a result of an alarming delay in the implementation of the Cohesion Policy, the investments contributing to boost growth and job creation and reducing economic, social and territorial disparities within and between the European regions are lower than expected;
Amendment 51 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 96 – paragraph 1
Rule 96 – paragraph 1
1. The Bureau shall draw up the preliminary draft estimates in time, as soon as possible, and at the beginning of the year on the basis of a report prepared by the Secretary-General.
Amendment 21 #
2016/2052(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the European Commission to be ambitious in its forthcoming European Defence Action Plan (EDAP), which should be a strategic tool to foster cooperation in defence at European level towards the development of defence capabilities programmes by Member States;
Amendment 24 #
2016/2052(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Member States to engage more actively in cooperative projects, e.g. research programmes or pooling and sharing of assets; supports, in this framework, the proposed pwelcomes in this regard the Preparatory aAction on defence research which should pave the way for a dedicated programmewill lead towards a future European Defence Research Program (EDRP); notes that the EDRP offers a chance to foster European military and industrial cooperation and support a strong European industrial base, allowing the retaining of critical technologies within the EU that are essential for Europe's autonomy of decision and action; notes, further, that it shall contribute to reducing the market fragmentation, duplication of capabilities, organisations and expenditure, as these problems along with shrinking national defence budgets are threatening in the long term the strategic autonomy of European defence and thus our security;
Amendment 3 #
2016/2036(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the budget allocations decided for 2016 remain at the same level as 2015 and that, with an additional EUR 5 million in security measures approved for the EUCAP Sahel-Mali mission and EUR 10 million for EUBAM Libya, the margin available at the end of March was EUR 170 million; is amazed to note that out of a total of EUR 100 million for the civilian mission in Libya, only EUR 40 million has been committed so far; expresses its concern at the shortage of resources available in view of the commitments which will have to be met throughout 2016, with an additional budget of EUR 169 million envisaged just to continue those missions ending in 2016;
Amendment 6 #
2016/2036(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, apart from the militaryEUNAVFOR MED's Operation Sophia which, with a budget of less than EUR 12 missllion against traffickers in the Mediterranean, has saved the lives of over 13 000 migrants at sea and whose mandate will have to be extended and readjusted when it comes to an end in July 2016, and measures to reinforce the management of migration by EUCAP Sahel Niger, the contribution of the CSDP civilian missions to the European response to the migration crisis has been very limited and has not been part of a real strategy;
Amendment 15 #
2016/2036(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to take into account the growing security challenges confronting both the EU and its Member States, so as to address them decisively in view of the review of the multiannual financial framework which will begin at the end of 2016;
Amendment 18 #
2016/2036(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Urges the Member States, in the interests of not jeopardising what EU action has achieved or depriving it of its credibility and visibility, to meet and not hold up commitments made concerning their contributions to the trust funds established by the EU precisely because of the lack of budgetary funds; recalls that the European Parliament, as part of the budgetary authority, is responsible for protecting and defending the EU's financial interests.
Amendment 32 #
2016/2034(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that any future risk management scheme has to comply with, and where necessary complete, insurance systems adopted at national level by Member States, so as not to jeopardise all that has been achieved so far.
Amendment 1 #
2016/2032(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that both the Commission and the European Central Bank recognise that access to financing is the second most serious problem facing SMEs, and it is therefore crucial that the EU budget should further facilitate SME access to funding and markets;
Amendment 6 #
2016/2032(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that major dysfunctions persist on the financial market as regards the granting of loans, in particular, when it comes to financing for newer and smaller enterprises; believes also that the differences in interest rates are still too high between the various Member States, which makes it difficult for SMEs to access credit, especially in those countries most affected by the crisis, and feels that this should be rectified;
Amendment 25 #
2016/2032(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that action should be taken to boost information and training channels for small businesses and entrepreneurs on the various European funding possibilities that they can access, so that they can acquire information on all the financial instruments provided for them by the European budget, such as those available under the LIFE+ and Creative Europe programmes and funds for social entrepreneurship by social businesses, or European Investment Bank instruments, since these can provide financing that is more targeted and appropriate to their needs, based on the sector in which the SME is carrying on its activities; welcomes, in this context, the creation of the SME access to finance portal, www.access2finance.eu;
Amendment 27 #
2016/2032(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Takes the view that both the EU and the Member States must continue to develop and expand European ‘business angels’ networks and the various ways of increasing ‘crowd-funding’ potentials in the EU, to ensure that the survival of this type of enterprise does not depend solely on financing from banks.
Amendment 51 #
2016/2004(BUD)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes, in this context, the Commission’s efforts to enhance the use of the European Structural and Investment Funds in support of key priorities highlighted in the country-specific recommendations, and supportstakes note of the proposal to use Union funding programmes for the Commission’s Structural Reform Support Service giving to the Member States de opportunity to take into consideration this recommendations in defining economic policies and connecting cohesion policy's instruments with CSRs, but emphasizes that the multiannual and long-term nature of programmes and objectives under the ESI Funds run contrary to the annual cycle of the European Semester;
Amendment 72 #
2016/2004(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the fact that the Union has had to face numerous crises in recent years; recalls that a solution has still not been found for the Europe-wide migrant and refugee crisis, which escalated in 2015 with a sudden and massive increase in the numbers of refugees and migrants travelling to the Union to seek asylum, which has further impacted such as unemployment crisis, migration crisis, Russian embargo, agricultural crisis, etc.; regrets that the Union budget is unable to revert the majority onf the internal crisisse problems in the Union and; underlines that the Union budget should be used as part of a European solution to overcome these emergencies;
Amendment 106 #
2016/2004(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is alarmed by increasing poverty, particularly among children; recalls its report advocating the establishment of a child guarantee in order to lift children out of poverty and avoid their being socially excluded7 ; considers education, childcare, health services, housing and security to be basic needs to which every European child has the right; is also very concerned by the rising of the socio-economic inequalities, that contravene not only the values of the EU citizens, but also the main economic, social and territorial cohesion priorities, as well as the objectives of the Europa 2020 Strategy for smart, sustainable and inclusive growth; __________________ 7 Texts adopted, P8_TA(2015)0403.
Amendment 116 #
2016/2004(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that in spite of the mobilisation of significant budgetary means spread over 2015 and 2016 to address the migration and refugee, a solution has still not been found for the Europe-wide migrant and refugee crisis; both internally within the Union and externally in refugees’ countries of origin; stresses, however,highlights that the crisis escalated in 2015 with a sudden and massive increase in the numbers of refugees and migrants travelling to the Union to seek asylum, which has further impacted on the internal crisis; stresses that substantial additional financial means are required to address this crisis, as the increase in numbers of refugees and migrants cannot be considered a temporary phenomenon; highlights that longer-term solutions should be sought, not only in the annual budgetary procedure, but also in the upcoming interim revision of the MFF, without undermining other important EU priorities;
Amendment 254 #
2016/0282(COD)
Proposal for a regulation
Recital 60
Recital 60
Amendment 328 #
2016/0282(COD)
Proposal for a regulation
Recital 178
Recital 178
Amendment 428 #
2016/0282(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 463 #
2016/0282(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
The Commission section of the budget may include a "negative reserve" limited to a maximum amount of EUR 4200 000 000. Such a reserve, which shall be entered in a separate title, shall comprise payment appropriations only.
Amendment 535 #
2016/0282(COD)
Proposal for a regulation
Article 125
Article 125
Amendment 692 #
2016/0282(COD)
Proposal for a regulation
Article 264 – paragraph 1 a (new)
Article 264 – paragraph 1 a (new)
Regulation (EU) 1301/2013
Article 3, in paragraph 1, point (a)
Article 3, in paragraph 1, point (a)
"(a) productive investment which contributes to creating and safeguarding sustainable jobs, through direct aid for investment in SMEs;" (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1301&from=EN)enterprises;" Or. en
Amendment 693 #
2016/0282(COD)
"(b) productive investment, irrespective of the size of the enterprise concerned, which contributes to the investment priorities set out in points (1) and (4) of Article 5, and, where that investment involves cooperation between large enterprises and SMEs, in point (2) of Article 5;" (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1301&from=EN)delete" Or. en
Amendment 694 #
2016/0282(COD)
Proposal for a regulation
Article 264 – paragraph 1 c (new)
Article 264 – paragraph 1 c (new)
Regulation (EU) 1301/2013
Article 12, paragraph 5
Article 12, paragraph 5
"5. By way of derogation from points (a) and (b) of Article 3(1), the ERDF may support productive investment in enterprises in the outermost regions, irrespective of the size of those enterprises." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1301&from=EN)delete" Or. en
Amendment 696 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 5
Article 265 – paragraph 1 – point 5
Regulation (EU) No 1303/2013
Article 16, new paragraph 4a
Article 16, new paragraph 4a
Where applicable, the Member State shall submit each year by 31 Januaryby 31 December 2017 and by 31 December 2019 or upon the request of the Commission an amended Partnership Agreement following the approval of amendments of one or more programmes by the Commission in the previous calendar year in accordance with the second subparagraph of Article 30(2).
Amendment 699 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 8 Regulation (EU) No 1303/2013
Article 265 – paragraph 1 – point 8 Regulation (EU) No 1303/2013
Amendment 700 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 10 a (new)
Article 265 – paragraph 1 – point 10 a (new)
Regulation (EU) No 1303/2013
Article 37, paragraph 8
Article 37, paragraph 8
"8. Final recipients supported by an ESI Fund financial instrument may also receive assistance from another ESI Funds priority or programme or from another instrument supported by the budget of the Union in accordance with applicable Union State aid rules. In that case, separate records shall be maintained for each source of assistance and the ESI Funds financial instrument support shall be part of an operation with eligible expenditure distinct from the other sources of assistance." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=." Or. en)
Amendment 703 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1
Regulation (EU) No 1303/2013
Article 38, paragraph 4, point b
Article 38, paragraph 4, point b
- operates under a public policy mandate given by the relevant authority of a Member State at national or regional level, to carry out economic development activities contributing to the objectives of the ESI Funds under the control of a public authority;
Amendment 704 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1
Regulation (EU) No 1303/2013
Article 38, paragraph 4, point b
Article 38, paragraph 4, point b
Amendment 707 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1
Regulation (EU) No 1303/2013
Article 38, paragraph 4, point b
Article 38, paragraph 4, point b
Amendment 709 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point ii (new)
Article 265 – paragraph 1 – point 11 – point b – point ii (new)
Regulation (EU) No 1303/2013
Article 38, paragraph 4, second subparagraph
Article 38, paragraph 4, second subparagraph
Institutions and bodies referred in points b) iii) and c) can have the status of intermediate body as regulated in Article 123.6.
Amendment 711 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 12 – point b – point i
Article 265 – paragraph 1 – point 12 – point b – point i
Regulation (EU) No 1303/2013
Article 39, paragraph 4, point (a)
Article 39, paragraph 4, point (a)
by way of derogation from Article 37(2), it shall be based on an ex-ante assessment at Union level carried out by the EIB and the Commission or, where more recent data is available, on national or regional ex-ante assessment carried out by the EIB or the participating Member State.
Amendment 712 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 12 – point c a (new) Regulation (EU) No 1303/2013
Article 265 – paragraph 1 – point 12 – point c a (new) Regulation (EU) No 1303/2013
(ca) The following paragraph 7a is inserted: 7a. By way of derogation from Article 130.1, the Commission shall reimburse as interim payment 100% of the amounts included in payment applications made according to paragraph 7
Amendment 714 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a
Article 39a
1. Member States may use ESI Funds to provide a contribution to financial instruments referred to in point (c) of Article 38(1) to attract additional private sector investment.
Amendment 715 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a
Article 39a
2. TIn order to attract additional private sector investment, the contribution referred to in paragraph 1 shall not exceed 25 % of the total support provided to final recipients. In the less developed regions referred to in point (b) of Article 120(3), the financial contribution may exceed 25% where duly justified by the ex-ante assessment, but shall not exceed 50%. The total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and quasi-equity investments provided to final recipients. The guaranteed loans referred to in this paragraph shall only be taken into account to the extent that ESI Funds resources are committed for guarantee contracts calculated on the basis of a prudent ex ante risk assessment covering a multiple amount of new loans.
Amendment 717 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 20
Article 265 – paragraph 1 – point 20
Regulation (EU) No 1303/2013
Article 56, paragraph 5
Article 56, paragraph 5
Amendment 718 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 21
Article 265 – paragraph 1 – point 21
Regulation (EU) No 1303/2013
Article 57, paragraph 3
Article 57, paragraph 3
Amendment 720 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 24 a (new)
Article 265 – paragraph 1 – point 24 a (new)
Regulation (EU) No 1303/2013
Article 61, paragraph 1
Article 61, paragraph 1
"This Article shall apply to operations which generate net revenue after their completion. For the purposes of this Article 'net revenue' means cash in-flows directly paid by users for the goods or services provided by the operation, such as charges borne directly by users for the use of infrastructure, sale or rent of land or buildings, or payments for services less any operating costs and replacement costs of short-life equipment incurred during the corresponding period." Operating cost- savings generated by the operation shall be treated as net revenue unless they are offset by an equal reduction in operating subsidies." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=en)r. en
Amendment 721 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 26 – point b
Article 265 – paragraph 1 – point 26 – point b
Regulation (EU) No 1303/2013
Article 67
Article 67
Amendment 722 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 28 – introductory part
Article 265 – paragraph 1 – point 28 – introductory part
28. the following Articles 68a, 68b and 68bc are inserted:
Amendment 723 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 28 (new)
Article 265 – paragraph 1 – point 28 (new)
Regulation (EU) No 1303/2013
Article 68a
Article 68a
1a. In the case of aid schemes under Article 107 TFEU, the public contribution paid to the beneficiary calculated as a result of the application of the present Article to an operation, is considered as compatible assistance, provided that the Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, is applicable to that operation.
Amendment 724 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 28
Article 265 – paragraph 1 – point 28
Regulation (EU) No 1303/2013
Article 68a
Article 68a
Amendment 725 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 28 (new)
Article 265 – paragraph 1 – point 28 (new)
Regulation (EU) No 1303/2013
Article 68c
Article 68c
2a. Article 68c Compatibility of ESI Funds and aid schemes under Article 107 TFEU In the case of aid schemes under Article 107 TFEU, the public contribution paid to the beneficiary calculated as a result of the application of the Articles 67, 68, 68a and 68b to an operation, is considered as compatible assistance, provided that the Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, is applicable to that operation.
Amendment 726 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 29 – point d
Article 265 – paragraph 1 – point 29 – point d
Regulation (EU) No 1303/2013
Article 70
Article 70
For operations concerning technical assistance or communication and promotional activities, including the activities devoted to boost the internationalization of SMEs, and for operations under the thematic objective of strengthening research, technological development and innovation, including financial contributions to international research centres, expenditure may be incurred outside the Union provided that the conditions set out in point (a) of paragraph 2 and the obligations in relation to management, control and audit concerning the operation are fulfilled.
Amendment 727 #
2016/0282(COD)
34a. in Article 84 the following paragraph 2 is added:
Amendment 728 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 35
Article 265 – paragraph 1 – point 35
Regulation (EU) No 1303/2013
Article 84
Article 84
Amendment 729 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 35 – indent 1 (new)
Article 265 – paragraph 1 – point 35 – indent 1 (new)
Regulation (EU) No 1303/2013
Article 84
Article 84
– 2. For accounts submitted before the end of the accounting period, the Commission shall apply procedures for the examination and acceptance of the accounts and inform the Member State as to whether it accepts them no later than four months after the date of submission by the Member State.
Amendment 730 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 37 – point b
Article 265 – paragraph 1 – point 37 – point b
Regulation (EU) No 1303/2013
Article 102
Article 102
Where the independent quality review has not been notified to the Commission within 618 months of the submission of that information to the independent experts or where the relevant appraisal is negative, the corresponding expenditure shall be withdrawn and the declaration of expenditure shall be rectified accordingly.;
Amendment 731 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 40 – point e Regulation (EU) No 1303/2013
Article 265 – paragraph 1 – point 40 – point e Regulation (EU) No 1303/2013
(a) informthe designation onf the selection of the joint action plan by the managing authority in accordance with Article 125(3)beneficiary responsible for the implementation of the joint action plan, providing guarantees of its competence in the domain concerned as well as its administrative and financial management capacity;
Amendment 732 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 45 – point a
Article 265 – paragraph 1 – point 45 – point a
Regulation (EU) No 1303/2013
Article 114
Article 114
1. An evaluation plan shall be drawn up by the managing authority or Member State for one or more operational programmes. The evaluation plan shall be submitted to the monitoring committee no later than one year after the adoption of the operational programme. In the cases of dedicated programmes referred to in point (b) of the first subparagraph of Article 39(4) adopted before this Regulation has entered into force, the evaluation plan shall be submitted to the monitoring committee no later than one year after the date this Regulation enters into force.;
Amendment 733 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 45 – point b
Article 265 – paragraph 1 – point 45 – point b
Regulation (EU) No 1303/2013
Article 114
Article 114
Amendment 735 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 52 a (new)
Article 265 – paragraph 1 – point 52 a (new)
Regulation (EU) No 1303/2013
Article 130
Article 130
52a. Article 130, paragraph 1, is replaced by the following:
Amendment 736 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 52 b (new)
Article 265 – paragraph 1 – point 52 b (new)
Regulation (EU) No 1303/2013
Article 130, paragraph 1
Article 130, paragraph 1
"The Commission shall reimburse as interim payments 90 % of the amount resulting from applying the co-financing rate for each priority, laid down in the decision adopting the operational programme, to the eligible expenditure for the priority included in the payment application. The Commission shall determine the remaining amounts to be reimbursed as interim payments or to be recovered in accordance with Article 139." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=en)Or. en
Amendment 737 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 52 c (new)
Article 265 – paragraph 1 – point 52 c (new)
Regulation (EU) No 1303/2013
Article 131, paragraph 4, (b)
Article 131, paragraph 4, (b)
52 c. In Article 131, paragraph 4, the condition b) is supressed
Amendment 738 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 52 d (new)
Article 265 – paragraph 1 – point 52 d (new)
REGULATION (EU) No 1303/2013
Article 131, paragraph 4, condition b)
Article 131, paragraph 4, condition b)
"(b) those advances do not exceed 40 % of the total amount of the aid to be granted to a beneficiary for a given operation;" (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=en)deleted" Or. en
Amendment 739 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 53
Article 265 – paragraph 1 – point 53
REGULATION (EU) No 1303/2013
Article 134
Article 134
Amendment 740 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 53 a (new)
Article 265 – paragraph 1 – point 53 a (new)
Regulation (EU) No 1303/2013
Article 134
Article 134
53a. Article 134 is amended as follows:
Amendment 741 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 53 b (new)
Article 265 – paragraph 1 – point 53 b (new)
Regulation (EU) No 1303/2013
Article 134, paragraph 2
Article 134, paragraph 2
"2. An annual pre-financing amount shall be paid before 1 July in the years 2016 to 2023. It shall be a percentage of the amount of the support from the Funds and the EMFF for the whole programming period to the operational programme as follows: (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=en)deleted" Or. en
Amendment 742 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 53 c (new)
Article 265 – paragraph 1 – point 53 c (new)
Regulation (EU) No 1303/2013
Article 134, paragraph 3
Article 134, paragraph 3
"3. When calculating the amount of initial pre-financing referred to in paragraph 1, the amount of support for the entire programming period shall exclude the amounts from the performance reserve which were initially allocated to the operational programme. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=" Or. en)
Amendment 744 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 60
Article 265 – paragraph 1 – point 60
Regulation (EU) No 1303/2013
Article 152
Article 152
Amendment 746 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 a (new)
Article 265 – paragraph 1 a (new)
Regulation (EU) No 1303/2013
Article 2, Point (9)
Article 2, Point (9)
"(9) 'operation' means a project, contract, action or group of projects selected by the managing authorities of the programmes concerned, or under their responsibility, that contributes to the objectives of a priority or priorities; in the context of financial instruments, an operation is constituted by the financial contributions from a programme to financial instruments and the subsequent financial support provided by those financial instruments." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=en)." Or. en
Amendment 24 #
2015/2353(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Demands that a transparent, well- informed and conclusive debate be held jointly with the Council and the Commission on the most suitable duration of the post-2020 financial frameworks, which allows for their alignment with the European election cycles, above all to take into account, on the one hand, their consequences for programming cycles and individual policy implementation and, on the other, the need for a degree of flexibility and for review mechanisms, so as to achieve the best possible balance between stability, predictability and flexibility;
Amendment 6 #
2015/2344(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the crisis enhanced the need for improvement in EU economic governance and that the Economic and Monetary Union (EMU) must be progressively completed, following a clear and predictable roadmap;
Amendment 15 #
2015/2344(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that the establishment of a budgetary capacity within the eurozone is necessary to complete the EMU and that it i, within the framework of the Treaties and with the aim of promoting the eurozone’s recommendable to create a budgetary capacity, albeit limited, under the current Treaty frameworknomic and social convergence and sustainable structural reforms, enhancing the eurozone’s competitiveness and resilience and absorbing asymmetric shocks;
Amendment 41 #
2015/2344(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that such capacity should be part of the EU budget and be financed through own resources as laid down in Article 310(1) TFEU and should comply with the provisions of Articles 310(4) and 312(1) TFEU;
Amendment 54 #
2015/2344(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, contrary to othe budgetary arrangements in all other federations, the EU budget is dependent on contributions from Member State level to EU levelr economic and monetary unions, the EU budget represents barely 1% of EU GDP and is dependent on contributions from Member States, meaning that it is proving to be unable to address the effects of recessionary shocks;
Amendment 57 #
2015/2344(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers it necessary to integrate the European Stability Mechanism (ESM) into the EU’s legal framework and to consider developing it into a Community mechanism as repeatedly called for by the European Parliament, and as the ESM treaty itself provides; considers that this would make it possible to endow the mechanism with democratic accountability and greater legitimacy, fostering the EMU’s institutional consolidation;
Amendment 75 #
2015/2344(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the European Parliament and national parliaments to be given a stronger role in the new economic governance framework in order to strengthen democratic accountability;
Amendment 83 #
2015/2344(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Takes the view that, as the process of building a genuine EMU advances, it is becoming increasingly necessary to create a eurozone treasury for collective decision-making, supervision and management of the budgetary capacity of the eurozone;
Amendment 113 #
2015/2344(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, especially since the crisis broke at the end of 2007, the shortcomings and weaknesses highlighted within the EU have meant that a great deal of trust has been lost in the process, both between Member States and on the part of citizens and the markets in the EU institutions and the Union as a whole;
Amendment 168 #
2015/2344(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the introduction of the euro as a common currency has eliminated tried and tested policy options for counterbalancing asymmetric shocks such as exchange rate fluctuation; also notes that, although the agreed rules are mandatory, many Member States have increased debt levels without, however, generating effects that would allow the economy to overcome negative cycles; reiterates that the relinquishing of autonomy over monetary policy therefore requires alternative adjustment mechanisms to copehat are able to deal with asymmetric macroeconomic shocks in order to make the euro zone an optimal currency area able, inter alia, to implement a proper policy mix;
Amendment 272 #
2015/2344(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that in order to regain trust, the euro must deliver on its promise of stability, convergence, growth and jobs; regards a fiscal capacity as a vital element in this enterprise, which can be successful only if solidarity is closely linked to responsibility, meaning that financial support is provided on the basis of clear criteria; stresses further that, in the medium and long term, achieving the above objective is conditional on progress towards a genuine economic and monetary union, which will be possible only through the creation of a single treasury;
Amendment 510 #
2015/2344(INI)
Motion for a resolution
Paragraph 26 – introductory part
Paragraph 26 – introductory part
26. Suggests that the convergence code define criteria to be reached within five years, building on the merits of the Maastricht criteria and focusing for; believes that theis first period on convergence requirements regarding:ve- year period should in exchange allow for a phasing-in of the new tasks attributed to the ESM/EMF;
Amendment 516 #
2015/2344(INI)
Motion for a resolution
Paragraph 26 – indent 1
Paragraph 26 – indent 1
Amendment 527 #
2015/2344(INI)
Motion for a resolution
Paragraph 26 – indent 2
Paragraph 26 – indent 2
Amendment 547 #
2015/2344(INI)
Motion for a resolution
Paragraph 26 – indent 3 – paragraph 1
Paragraph 26 – indent 3 – paragraph 1
Amendment 559 #
2015/2344(INI)
Motion for a resolution
Paragraph 26 – indent 3 – paragraph 2
Paragraph 26 – indent 3 – paragraph 2
Amendment 579 #
2015/2344(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that a financial instrument is needed to work as an incentive-based mechanism for convergence and sustainable structural reforms with clear conditionality; believes that the Structural Reform Support Programme (SRSP), which is designed to provide technical support to national authorities for measures aimed at reforming institutions, governance, administration, and economic and social sectors with a view to enhancing growth and jobs, can be further developed as a contribution to this function of the fiscal capacity, but points out that in order to be effective it will need to have sufficient resources;
Amendment 818 #
2015/2344(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Acknowledges that recently there has been a high level of scepticism among European citizens as to the ability of the European institutions and of the European project itself to solve serious problems, and that the current political climate characterised by deep inequality, mistrust and uncertainty is not conducive to proper reforms to achieve and complete EMU; believes, therefore, that a comprehensive roadmap, including clear milestones within an agreed timetable and taking into account the political and economic situation, should be urgently adopted with a clear commitment by euro area Heads of State and Government to achieving a genuine and complete EMU;
Amendment 17 #
2015/2343(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the ‘cost of non- Europe’ in security and defence is estimated to be at least EUR 26 billion annually as a result of duplication, overcapacity and barriers to procurement; also notes that according to these calculations efficiency gains could reach EUR 130 billion for what Member States commitment is needed;
Amendment 27 #
2015/2343(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. It's convinced that, in order to ensure that the EU maintains its position as a strategic security provider in the years to come, the Commission shall ensure that the mobilisation of EU instruments and policies are not a substitute for Member States cuts in defence investments;
Amendment 49 #
2015/2343(INI)
Draft opinion
Paragraph 5 – indent 4 a (new)
Paragraph 5 – indent 4 a (new)
- Begin laying the ground for the creation of a 'Coordinated Annual Review on Defence', whereby Member States would coordinate their defence spending and investment plans in an open process involving the European Parliament and the national parliaments;
Amendment 154 #
2015/2343(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls, therefore, on the VP/HR, the Council and the Member States to use all the possibilities provided for in the Treaty, especially the mechanisms contained in Article 42(6) TEU and Article 46 TEU on Permanent Structured Cooperation (PESCO) during peacetime, and in Article 44 TEU on the implementation of a CSDP task by a group of Member States during an operational phase, in order to achieve a faster, more efficient and more flexible deployment of missions and operations;
Amendment 302 #
2015/2343(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises the underused potential of the EDA in supporting the development of the CSDP and the progressive improvement of Member States's capabilities; calls on the Member States to define and commit to a common level of ambition within a reformed EDA; calls for the reinforcement of the EDA’s political backing, funding, and resources, as well as of its coordination with the actions of the Commission and other actors, especially in the areas of capability development, defence procurement and research;
Amendment 411 #
2015/2343(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on NATO to ensure that the NATO European command option referred to in the ‘Berlin plus’ arrangement will continue to function, andreview the 'Berlin plus' agreement to adjust it to the current political context, in order to assure its complete functioning, including the European command option referred to in the agreement, ensuring that the operations commander will continue to be a senior officer from a EU Member State at Deputy Supreme Allied Commander Europe (DSACEUR) level;
Amendment 432 #
2015/2343(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. NotWelcomes the European Defence Action Plan put forward by the Commission in November 2016; calls in this regard on the Commission and the Member States to further clarify the governance and financing of the possible European Defence Fund, notably the capability and research "windows"; considers that the effective implementation of that plan requires strong support and political commitment from the Member States and the EU institutions; regrets in this regard that the Commission, the EDA and the Member States have not yet delivered on all the tasks resulting from the European Council meetings on defence of 2013 and 2015;
Amendment 454 #
2015/2343(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Stresses that the human factor is one of our most valuable assets when working towards a common defence; considers that more investment in CSDP training and education is needed, including the pursuance of an integrated system based on national military centres, as both training and education are a powerful instrument to advance in this field;
Amendment 8 #
2015/2320(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that both public and private support to young people – that channels investment into education and skills, helps young people acquire entrepreneurship skills and matches SMEs’ demand for skilled workers – should be strengthened; stresses that this support should be granted both for setting up a business and for improving the running and management of businesses already set up, in particular for businesses carrying out or intending to carry out their commercial activity outside the EU’s borders;
Amendment 11 #
2015/2320(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and the Member States to provide further support for female entrepreneurship, given that women still have to overcome considerable gender barriers in order to start up and develop a business;
Amendment 13 #
2015/2320(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Draws attention to regional disparities and imbalances in SMEs’ access to funding from national promotional banks, EU funded programmes and other private and public funding institutions; calls for a correction mechanism at EU level to ensure a level playing field for all SMEs – with special focus on poorer regions and regions facing serious problems of depopulation and/or dispersion, as well as on countries that have been under financial and economic constraints – in accessing funding from EU-supported financial instruments while using intermediaries;
Amendment 17 #
2015/2320(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Invites the Commission, before it initiates a full-fledged debate with Parliament on the future Financial Framework and on cohesion policy in the post-2020 period, to carry out the quantitative studies necessary to gauge the impact of SME support polices and instruments, which would make it possible to carry out preparatory work by monitoring results and assessing their effectiveness compared with that of other forms of assistance not geared towards businesses below a given size;
Amendment 20 #
2015/2320(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the EIB to keep Parliament informed of the concrete measures taken so far to enhance the access to funding of cooperativsocial economy enterprises, which, together with SMEs, can play an important role in creating more sustainable and decent quality jobs;
Amendment 22 #
2015/2320(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission and the Member States to boost information and training channels for small businesses and entrepreneurs on the various European funding possibilities that they can access, so that they can acquire information on all the financial instruments provided for them by the European budget; calls for the greatest possible simplification in terms of both documents and procedures in order to facilitate access to these financial instruments, as well as greater flexibility in this regard;
Amendment 29 #
2015/2320(INI)
Draft opinion
Recital B
Recital B
B. whereas access to finance is one of the main barriers to the creation and growth of SMEs, particularly in the case of social economy enterprises;
Amendment 30 #
2015/2320(INI)
Draft opinion
Recital C
Recital C
C. whereas SMEs play an important role in cohesion and can further help integrate youth in employment, and inclusively integrate migrants in the EUstrengthening economic, social and territorial cohesion, while also contributing to more intelligent, sustainable and inclusive growth;
Amendment 32 #
2015/2320(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas SMEs contribute to the integration of young people and women into the labour market, and may also help improve the inclusion of migrants in the Union;
Amendment 33 #
2015/2320(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas even though 90% of global growth is occurring outside the EU, only 13% of SMEs have been internationally active outside the EU;
Amendment 8 #
2015/2118(INI)
Motion for a resolution
Citation 8
Citation 8
– having regard to the 1989 UN Convention on the Rights of the Child, and the European Parliament Resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child;
Amendment 32 #
2015/2118(INI)
Motion for a resolution
Recital B
Recital B
B. whereas THB takes many different forms across many legal and illegal activities, including, but not limited to, agriculture, food processing, prostitution, sexual exploitation of children online, domestic work, manufacturing, care, cleaning, other types of forced labour (particularly in the service industries), forced begging, forced criminality, forced marriage, illegal adoptions and the trade in human organs;
Amendment 60 #
2015/2118(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas particular attention should be given to children, unaccompanied minors and migrant women as they face multiple risks;
Amendment 71 #
2015/2118(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas 70% of victims of trafficking and 70% of suspects traffickers in the EU are EU-nationals, according to the 2016 Report of Europol on trafficking in human beings in the EU;
Amendment 72 #
2015/2118(INI)
Motion for a resolution
Recital J
Recital J
J. whereas a majority of the registered victims are women and girls trafficked for the purposes of sexual exploitation, together comprising up to 95 % of the victims trafficked for sexual exploitation12 ; whereas trafficking is a form of violence against women and girls; __________________ 12 Idem, Eurostat report.
Amendment 78 #
2015/2118(INI)
Motion for a resolution
Recital K
Recital K
K. whereas there is a clear distinction between THB and human smuggling, but undocumented migrants are particularly vulnerable to exploitation and further victimisation, especially children and women;
Amendment 81 #
2015/2118(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas trafficking is a serious organised crime that generates high profits of about 150 billion dollars a year; whereas there is still too low risk of being prosecuted and too low sanctions to be applied to deter crime compared to the high profits;
Amendment 88 #
2015/2118(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States to speed up the full and correct enforcement of Directive 2011/36/EU on preventing and combating trafficking in Human beings and protecting its victims;
Amendment 90 #
2015/2118(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to combat impunity, criminalise trafficking and ensure that perpetrators are brought to justice and that sanctions are strengthened as well as adequate to be dissuasive; calls on Member States to improve collection of evidence to combat trafficking and to increase police and judiciary cooperation including with Europol, Eurojust and Frontex with particular attention to the gender dimension of THB;
Amendment 94 #
2015/2118(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. AcknowledgeCommends the good work done by the office of the EU Anti-Trafficking Coordinator in the development ofing knowledge and evidence on the various aspects of THB, including research into the gender dimension and the particular vulnerability of children;
Amendment 98 #
2015/2118(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to strengthen cooperation in order to track and confiscate assets of traffickers, in particular linked to abuse and sexual exploitation of women and girls; calls on Member States to use all existing tools available more efficiently such as mutual recognition of Court judgements, joint investigation teams and the European investigation order;
Amendment 100 #
2015/2118(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that migrants are particularly vulnerable to trafficking, especially children and women; calls on Member States to increase cooperation, including in the hotspots, to identify potential victims and to use all means to combat traffickers and smugglers;
Amendment 105 #
2015/2118(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that under Article 11 of the directive, Member States have an obligation to establish mechanisms to ensure the early identification of, assistance to and support for victims, in cooperation with relevant support organisations; calls on Member States to implement Articles 11 to 17 of the Directive concerning protection and support of victims with a gender sensitive approach and to fully apply Directive 2012/29/ EU establishing minimum standards on the rights, support and protection of victims of crime to ensure proper support and assistance for victims of THB;
Amendment 117 #
2015/2118(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the huge and increasing role of the internet in the recruitment of victims and the exchange of information between criminal networks; calls on the Member States to ensure that their respective anti- trafficking policies take account of this and that law enforcement efforts addressing cyber technologies have the gender expertise needed to tackle this in the best way; stresses that new technologies, social media and the internet should also be used to raise awareness and alert potential victims on the risks of trafficking;
Amendment 128 #
2015/2118(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the principal source of information for the registration of victims is the police, pointing to the need for targeted and specialist training for police officers; highlights that using prisons and detention centres as registration sources shows a failure of the system;
Amendment 136 #
2015/2118(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to develop guidelines based on best practices to develop and mainstream gender expertise into the activities of law enforcement bodauthorities across EU;
Amendment 141 #
2015/2118(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. CRecalls on the Commission and the Member States to work together tothat training of practitioners and officials is crucial to early identify potential victims and prevent crime; calls therefore on the Member States to fully apply art 18. 3 of the Directive 2011/36/EU and to share best practices in particular when createing gender-sensitive training programmes for persons coming in contact with victims of THB in an official capacity, including police officers, border officers, judges, magistrates, lawyers, front-line medical staff and social workers; stresses that training should include detection of victims, the formal identification process and appropriate, gender-specific assistance for victims;
Amendment 149 #
2015/2118(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Member States actively to include social partners, private sector, trade unions and civil society in their initiatives to prevent THB, particularly in the field of labour exploitation, including as regards the identification of victims and awareness- raising activities;
Amendment 154 #
2015/2118(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that while sexual exploitation of children is illegal in all Member States, this does not prevent trafficking of children for sexual exploitation; calls on the CommissionMember States to fully implement Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children and child pornography and to step up their police and judicial cooperation to prevent and combat child sexual exploitation; calls on the Commission in cooperation with the Member States to examine how the demand for sexual services drives child trafficking, and how beston Member States to share best practices to reduce demand;
Amendment 181 #
2015/2118(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that it is already illegal under Directive 2009/52/EC for employers to use the work or services of third-country nationals with no legal residency status in the EU with the knowledge that they are victims of THB,; and is concernedacknowledges that EU nationals who are victims of THB are not included under this legislation; asks that the Commission examine the impact of this apparent loophole and assess the need to change the legislation in order to close itcalls on the Member States to ensure that in their national legislation EU- nationals victims of trafficking are protected from labour exploitation and relevant sanctions are put in place;
Amendment 182 #
2015/2118(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recalls that according to Europol about 10.000 unaccompanied children have disappeared after their arrival in the EU in 2015 and that they could be victims of trafficking and exposed to all sort of exploitation and abuse; calls on the Member States to register children upon their arrival and ensure their inclusion in the Child protection systems; calls on the Member States to increase information sharing in order to better protect migrant children in Europe who are particularly vulnerable to trafficking;
Amendment 223 #
2015/2118(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls on the Member StatesRecalls that according to Directive 2004/81/EC Member States are bounded to allow a period of reflection and recovery for victims of trafficking in human beings; Calls on the Member States when determining the duration of such a period to take into account art.13 of the Council of Europe Convention on action against trafficking in human beings and to assess the possibility of extending the minimum 30-day recovery and reflection period included in the Council of Europe Convention for women trafficked for the purposes of sexual exploitation, given the significant and sustained harms of this form of violence against women;
Amendment 225 #
2015/2118(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Notes that the current EU Strategy towards the Eradication of THB comes to an end in 2016, and calls on the Commission to evaluate the current strategy and introduce a new one that includes a clear gender dimension and contains concrete actions in this regard; calls for this strategy to be integrated and made coherent with other policy areas, with a view to ensuring effective implementation of anti-trafficking measures, including, but not limited to, security, migrationgender equality, migration, cybersecurity and law enforcement.
Amendment 229 #
2015/2118(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Asks thatCalls on the Member States to collect more detailed data by compiling reliable statistical information gathered from all main actors, by ensuring that the data is disaggregated by gender, age, type of exploitation (within the subsets of types of THB), country of origin and destination, and by including internally trafficked people, to better assess the gender dimensionidentify potential victims and precvent trendcrime; calls ion THB, as well as by collecting data on recovthe Member States to increase data sharing to bettery and reflection periods, residence permits and victim compensationssess the gender dimension and recent trends in THB and combat trafficking more effectively; calls on the Members States to ensure that national rapporteurs play a more significant role in the coordination of data collection initiatives, in close cooperation with relevant civil society organisations active in this field;
Amendment 240 #
2015/2118(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Asks that the Commission produce a study onto include in its upcoming report on the Implementation of Directive 2011/36/EU the links between different types of trafficking and the routes between them;
Amendment 6 #
2015/2041(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union ‘shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions’ (Article 9 of the Treaty on European Union), and whereas ‘every citizen shall have the right to participate in the democratic life of the Union’ and ‘decisions shall be taken as openly and as closely as possible to the citizen’ (Article 10(3)) and that ‘the Union’s institutions, bodies, offices and agencies shall conduct their work as openly as possible’ (Article 15(1) of the TFEU);
Amendment 11 #
2015/2041(INI)
Motion for a resolution
Recital B
Recital B
B. whereas EU institutions have been becoming more open and are in most respects already ahead of national and regional political institutions in terms of their transparency, accountability and integrity;
Amendment 38 #
2015/2041(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. BelievEncourages that the Commission, Parliament and the Council should record and disclose allrelevant input received from lobbyists/interest representatives on draft policies, laws and amendments as a ‘legislative footprint’; suggests that this legislative footprint should consist of a form annexed to reports, detailing all the lobbyists with whom those in charge of a particular file have met in the process of drawing up each report and a second document listing all written input received;
Amendment 47 #
2015/2041(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to expand and improve its existing initiativeWelcomes the initiative of the Commission as laid out in its decision of 25 November 2014 on the publication of information on meetings held between Members of the Commission and organisations or self-employed individuals; considers that the recording of meeting data should be expanded to include everyone involved in the EU’s policy-making processalls on the Commission to continue with the increase of transparency in regard to meetings of decision makers in the EU’s policy-making process, while taking into account necessary data protection;
Amendment 64 #
2015/2041(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 90 #
2015/2041(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its longstanding call to back up the EU lobby register with a legal act to close all loopholes anhich would achieve a fully mandatory register for all lobbyists; considers that the proposal for this legal act could take into account the progress achieved by changes in the inter- institutional agreement and Parliament’s Code of Conduct;
Amendment 107 #
2015/2041(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that, when interpreting ‘inappropriate behaviour’ within the meaning of point (b) of the Code of Conduct, this expression shcould be taken to include turning down formal invitations to hearings or committees without sufficient reason;
Amendment 126 #
2015/2041(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Bureau to restrict access to Parliament’s premises for non-registered organisations or individuals by making all visitors to its premises sign a declaration that they are not lobbyists falling within the scope of the register or otherwise declare their registrationthat undertake lobbying activities;
Amendment 134 #
2015/2041(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes it to be necessary, as a matter of urgency,Reiterates the necessity to introduce a proper monitoring system for submitted information in order to ensure that the information that registrants provide is meaningful, accurate, up-to-date and comprehensive;
Amendment 156 #
2015/2041(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that representations of national, regional and local governments should not fall under the EU lobby register if they have their own mandatory lobby register and do not offer workspace for private or corporate actors within their representations;
Amendment 162 #
2015/2041(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is of the opinion that further steps need to be taken both to tackle ethical issues relating to the political role of lobbies, their practices and their influence and to promote safeguards for integrity, in order to raise the level of transparency of lobbying activities;
Amendment 180 #
2015/2041(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 190 #
2015/2041(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 229 #
2015/2041(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers it regrettable that the Council has still not adopted a code of conduct;
Amendment 252 #
2015/2041(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Underlines the need to enhance integrity and improve the ethical framework through clear and reinforced codes of conduct and ethical principles, so as to allow the development of a common and effective culture of integrity for all EU institutions and agencies;
Amendment 284 #
2015/2041(INI)
Motion for a resolution
Subheading 6
Subheading 6
Amendment 288 #
2015/2041(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 294 #
2015/2041(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 302 #
2015/2041(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recalls the provisions of Regulation 2014/1141, that will entry into force in January 1, 2017, stipulating that control over the financing of European Political Parties shall be exercised on the basis of annual certification by an external and independent audit, as well as by the Court of Auditors, in accordance with Article 287 TFEU;
Amendment 343 #
2015/2041(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Believes, therefore, that preparatory meetings within the Council should be as public as meetings of Parliament’s committepossible, while taking into consideration reasonable need for confidentiality during the negotiations between Member States;
Amendment 347 #
2015/2041(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 354 #
2015/2041(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
Amendment 356 #
2015/2041(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 387 #
2015/2041(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. RecognisWelcomes the progress made in the transparency of trade negotiations, but insists that these advances with respect to TTIP must be extended to all trade negotiation and the Commission's efforts to ensure greater openness; recognises that TTIP negotiations procedure is now among the most transparent public international negotiations ever; understands at the same time that a degree of confidentiality in the process of negotiations is often necessary for their success;
Amendment 415 #
2015/2041(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Believes that decisions taken or prepared in the Eurogroup, in the Economic and Financial Committee, ‘"informal’" Ecofin Council meetings and Euro summits must becomehave to be as transparent and accountas possible, fincluding through the publication of their minutesa right balance between desirable transparency and necessary data protection;
Amendment 3 #
2014/2254(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that it is necessary to continue promoting and strengthening the protection of fundamental rights in compliance with the Treaties and the Charter of Fundamental Rights of the European Union and, more specifically, to ensure that the values of the European Union set out in Article 2 and other relevant articles of the EU Treaty are respected and promoted by the EU, its institutions and the Member States; stresses that the European institutions should be at the forefront of this endeavour;
Amendment 6 #
2014/2254(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the EU’s accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) helps significantly to safeguard the human rights and fundamental freedoms of EU citizens and Member States; takes note of Opinion 2/13 of the Court of Justice of the European Union in which the Court concluded that the draft agreement on the accession of the EU to the ECHR was not compatible with EU law; calls on the Commission and the Council to address the concerns raised by the Court as quickly as possible in order to meet fully the obligation to accede to the ECHR as enshrined in Article 6(2) of the EU Treaty in a way that adds value to the protection of rights within the EU;
Amendment 11 #
2014/2254(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Draws attention to the fact that all legislative proposals and policies should be scrutinised to ensure that they comply with the Charter of Fundamental Rights; calls on the Member States and the European Commission to ensure that all EU legislation, including the economic and financial adjustment programmes, is implemented in accordance with the Charter of Fundamental Rights and the European Social Charter; calls on the EU legislator to promote the EU's values as requested by Article 3 EU Treaty and specifically inclusion and equality as required by Article 8, 9 and 10 TFEU;
Amendment 25 #
2014/2254(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of ensuring, in all Member States, effective and coherent protection of the rule of law andAcknowledges that rule of law plays a key role in prevention ofng infringements of fundamental rights; recalls that fundamental rights are part and parcel of the EU's values and that Article 7 of the EU Treaty contains a mechanism for responding to any serious, persistent breach of the fundamental rights by a Member State;
Amendment 39 #
2014/2254(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the importance of cooperation between EU institutions and national parliaments, as well as between such bodies and the Council of Europe and other organisations; stresses that the protection of minority rights is a basic principle of democracy and deplores all forms of discrimination against minority communitiesies as mentioned in Article 2 EU Treaty;
Amendment 42 #
2014/2254(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to strengthen institutional transparency and openness in the EU and urges the EU and the Member Statecompetent EU institutions to:
Amendment 2 #
2014/2228(INI)
Draft opinion
Recital A
Recital A
A. whereas the Lisbon Treaty extended the scope of the Common Commercial Policy to include foreign direct investment, and whereas it gave Parliament newa significant increase of powers in the field of international trade agreements by strengthening its right to regular information, and by givenhancing it as decisive role in the definition of the Union’s trade policy, as itson making competence through its power of consent is now required forat the implementation of international trade agreements; 1 Case C-350/12 Council of the European Union v Sophie in’t Veld. 2 Opinion 2/13 Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms - Compatibility of the draft agreement with the EU and FEU Treaties. 3 Opinion 1/09 Draft agreement - Creation of a unified patent litigation system - European and Community Patents Court - Compatibility of the draft agreement with the Treaties.end of negotiations, thus providing for direct representation of the citizens in adoption of the international trade agreements;
Amendment 51 #
2011/0023(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the European Parliament resolution of 11 February 2015 on anti-terrorism measures (2015/2530(RSP)),
Amendment 106 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union, intra-EU flights from one Member State to another Member State and domestic flights with a final destination in the same Member State and non-carrier economic operators when involved in booking such flights.
Amendment 113 #
2011/0023(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Air carriers already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers and non-carrier economic operators to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers and non-carrier economic operators.
Amendment 115 #
2011/0023(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Non-carrier economic operators, such as travel agencies and tour operators, sell package tours making use of charter flights for which they collect and process PNR data from their customers, yet without necessarily transferring the data to the airline operating the passenger flight.
Amendment 120 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 ofapplied in this Directive should be the same as in Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38 . However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to as amended by Council decision 2008/919/JHA. The term serious crime applied in this dDirective would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimeencompasses the crimes listed in Article 2.1. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 134 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lisdata sets should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 139 #
2011/0023(COD)
Proposal for a directive
Recital 15
Recital 15
(15) There are two possible methods of data transfer currently available: the ‘pull’ method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier’s reservation system and extract (’pull’) a copy of the required data, and the ‘push’ method, under which air carriers and non-carrier economic operators transfer (’push’) the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The ‘push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers and non-carrier economic operators.
Amendment 143 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers and non-carrier economic operators to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers and non-carrier economic operators failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 161 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 173 #
2011/0023(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) PNR data should be processed to the greatest extent possible in a masked out way in order to ensure a highest level of data protection by making it impossible for those having access to masked out data to identify a person and to draw conclusions as to what persons are related to that data. Re-identifying masked out data is possible only under conditions ensuring a high level of data protection.
Amendment 203 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 207 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers and non- carrier economic operators are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 222 #
2011/0023(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 57 years, after which the data must be permanently deleted, the data must be anonymised after a very short periodmasked out after 6 months, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required toit must be ensured that an independent national supervisory authority isand in particular its Data Protection Officer are responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 227 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member Staterelating to passenger flights between EU Member States and third countries, for intra-EU flights and domestic flights, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 231 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall also apply to non- carrier economic operators that gather or store PNR data on passenger flights planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member States with a final destination in a third country, to intra-EU-flights and to domestic flights;
Amendment 239 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) Thepurposes of prevention, detection, investigation and prosecution of terrorist offences, and serious crime according to Article 4 (2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d). or the prevention of immediate and serious threats to public security. deleted deleted
Amendment 253 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'intra-EU flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in another Member State, including any transfer of transit flights;
Amendment 254 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) 'domestic flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in the same Member State;
Amendment 257 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements captured and retained electronically by the air carrier or the non-carrier economic operators in its normal course of business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities. Passenger data includes data created by air carriers or non-carrier economic operators for each journey booked by or on behalf of any passenger and contained in carriers' reservation systems, DCS, or equivalent systems providing similar functionality. PNR data consists of the data fields set out in the Annex;
Amendment 260 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘'reservation systems’' means the air carrier’'s or the non-carrier economic operator's internal inventory system, in which PNR data are collected for the handling of reservations;
Amendment 262 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) Non-carrier economic operator means an economic operator, such as travel agencies and tour operators, that provides travel-related services, including the bookings of flights for which they collect and process PNR data of passengers;
Amendment 264 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’push method’ means the method whereby air carriers transfer the required PNR dataand non-carrier economic operator transfer their existing PNR data listed in the Annex to this Directive into the database of the authority requesting them;
Amendment 268 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘terrorist offences’ means the offences under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA; on combating terrorism as amended by Council decision 2008/919/JHA.
Amendment 277 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ’'serious crime’' means the offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if theythat are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State, however, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to this directive would not be in linesuch as: - participation in a criminal organisation, - trafficking in human beings, facilitation of unauthorised entry and residence, illicit trade in human organs and tissue, - sexual exploitation of children and child pornography, rape, female genital mutilation - illicit trafficking in narcotic drugs and psychotropic substances - illicit trafficking in weapons, munitions and explosives, - serious fraud, fraud against the financial interests of the EU, laundering of the proceeds of crime, money laundering and counterfeiting currency, - murder, grievous bodily injured, kidnapping, illegal restraint and hostage- taking, armed robbery, - serious computer-related crime and cybercrime, - environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties, - forgery of administrative documents and trafficking therein, illicit trafficking in cultural goods, including antiques and works of art, counterfeiting and piracy of products, - unlawful seizure of aircraft/ships, - espionage and treason, - illicit trade and trafficking in nuclear or radioactive materials and their precursor and in this regard non-proliferation related crimes - crimes within the principle of proportionality; jurisdiction of the International Criminal Court.
Amendment 281 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 296 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) Masked out means rendering certain data elements of PNR data indecipherable to a user, without deleting them (e.g. by the means of applying a cryptographic state-of-the-art function to the elements of clear text data making a passenger identifiable); elements that are rendered indecipherable must comprise all elements making a passenger identifiable. Identical clear text data may result in identical masked out data in order to make it possible to match data without identifying the persons who are subject to that data.
Amendment 303 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime and the prevention of immediate and serious threats to public security or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers and non-carrier economic operators, storing them, analyprocessing them and transmitting the result of the analysisPNR data or the result of the processing thereof to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authoritieThe Passenger Information Unit is also responsible for the exchange of PNR data or the result of the processing thereof with Passenger Information Unit of other Member States in accordance with Article 7. Its staff members may be seconded from competent public authorities. It shall be provided with adequate resources in order to fulfil its tasks.
Amendment 324 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 333 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers and the non-carrier economic operators, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected only by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers and non-carrier economic operators include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 344 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5 as well as Europol. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in accordance with this Directive, and may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 382 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s raceracial or ethnic origin, political opinions, religious or philosophical belief, political opinions, trade union membership, health or sexual life.
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 418 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or the prevention of immediate and serious threats to public security.
Amendment 429 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious crime or the prevention of immediate and serious threats to public security.
Amendment 442 #
2011/0023(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Obligations on air carriers and non-carrier economic operators
Amendment 446 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers and non-carrier economic operators transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier and the non-carrier economic operator that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers and the non-carrier economic operators shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 457 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers and non-carrier economic operator shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security:
Amendment 461 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once, 24 to 48 hours before the scheduled time for flight departure;
Amendment 465 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) once, immediately after flight closure, that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to board.
Amendment 469 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and non-carrier economic operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 476 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers and non-carrier economic operator shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 485 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considersand to Europol where any elements indicate such a transfer to be necessaryhelpful for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. The Passenger Information Units of the receiving Member States shallmay transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities through using their Passenger Information Unit and using Europol's existing Secure Information Exchange Network Application (SIENA).
Amendment 492 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1),and have not yet been masked out and, if necessary, also the result of theany processing of PNR data. Thethereof, if it has already been prepared pursuant to Article 4(2)(a). The duly reasoned request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b)ossible.
Amendment 501 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in responhave been already masked out. The Passenger Information Unit shall only provide the full PNR data where it is reasonably believed that it is necessary for the purpose of Article 4(2)(b) and only when authorised to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimedo so by an authority competent under Article 9(3).
Amendment 512 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public securitywhen necessary in cases of emergency and under the conditions laid down in paragraph 2 and 3 may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. The requests from the competent authorities, a copy of which shall always be sent to the Passenger Information Unit of the requesting Member State, shall be reasoned. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 524 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime or to prevent an immediate and serious threat to public security, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter’s territory at any time.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 558 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
(aa) the receiving authority in the third country or receiving international body is responsible for the prevention, investigation, detection or prosecution of criminal offences or the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 612 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers and non- carrier economic operators to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 30 day6 months after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 628 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 day6 months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 634 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
Re-identification of masked out PNR data and access to the full PNR data shall be permitted only by the Data Protection Officer for the purposes of Article 4(2)(b) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk related to terrorist offences or a specific investigation or prosecution related to a crime listed in Article 2.1 or the prevention of an immediate and serious threat to public security.
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 675 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- carrier economic operators
Amendment 679 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers and non-carrier economic operators which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive.
Amendment 687 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 689 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers which collect contact details for passengers who have booked their flights through a travel agency or other travel intermediary shall be prohibited from using those data for marketing purposes.
Amendment 702 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers and non-carrier economic operators, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities and the Data Protection Officer. These logs shall be kept for a period of fiseven years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those fiseven years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 717 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. All PNR data shall be held in a secure location within the territory of the EU or Schengen associated countries, in a secure database.
Amendment 776 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 781 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within fourseven years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.