Activities of Romana TOMC

Andreas SCHWAB, Romana TOMC, Maria da Graça CARVALHO, Barbara THALER

Draft opinion
Paragraph 2 a (new)

2 a. 2a. Recalls that transparency and accountability in the implementation of the EU Budget is key; stresses in this context the need for further efforts, both from the Commission and Member States, to ensure better transparency of the use of EU taxpayers’ money; insists that the publication of final recipients of EU funding should be a horizontal provision for all categories of EU funding; regrets the interpretation of the Commission of what “final recipients” are in the case of the Recovery and Resilience Facility;

2023/11/22
Committee: EMPL

Proposal for a directive
Article 12 – paragraph 1

Directive (EU) 2019/771
Article 13 – paragraph 2

In derogation from the first sentence of this paragraph, where the costs for replacement are equal to or greater than the costs for repair, the seller shall repair the goods in order to bring those goods in conformity.deleted

2023/09/08
Committee: IMCO

2023/0083(COD)

Proposal for a directive
Article 12 – paragraph 1

Directive (EU) 2019/771
Article 10 – paragraph 3

Article 10 paragraph 3 of the Directive (EU) 2019/771 is deleted.

2023/09/08
Committee: IMCO

2023/0083(COD)

Andreas SCHWAB, Romana TOMC, Maria da Graça CARVALHO, Barbara THALER, Marion WALSMANN

Proposal for a directive
Article 15

1. is conferred on the Commission subject to the conditions laid down in this Article. 2. referred to in Article 5(4) shall be conferred on the Commission for a period of six years from [one month after the entry into force of this act]. The Commission shall draw up a report in respectArticle 15 deleted Exercise of the delegation ofThe power ~~not later than nine months before the end of the six-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unles~~to adopt delegated acts tThe European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. to in Article 5(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to tpower to adopt delegated acts The delegation of ~~the~~ power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. the Commission shall consult experts designated by each Member State acting in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making. 5. act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. to Article 5(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.referred Before adopting a delegated act, As soon as it adopts a delegated A delegated act adopted pursuant

2023/09/08
Committee: IMCO

2023/0000(BUD)

Draft opinion
Paragraph 1

1. Calls for a strong budgetary response by the Union in 2024 to the social and economic difficulties faced by Europeans as a consequence of inflation and the cost of living crisis, in the context of the war in Ukraine and post-pandemic challenges; is concerned in particular that high energy and food prices, and continued pressure on essential services and supplied chains are exacerbating already existing social and economic inequalities, eroding the middle class, and worsening the living and working conditions and mental health of many workers and their families; stresses the importance of ensuring streamlined administrative processes to facilitate access to Union funds to the benefit of European citizens and businesses;

2023/07/05
Committee: EMPL

2023/0000(BUD)

Draft opinion
Paragraph 2

2. Stresses that the budget should support policies and measures to facilitate ~~the~~ labour market transitions, to strengthen the competitiveness of our economies, create quality employment, further develop resilient national social systems, reduce poverty and increase upward social convergence across the Union so that no one is left behind; notes in particular that investment in lifelong learning, reskilling and upskilling is essential to address the green and digital transition; welcomes in this context the 2023 Porto Social Forum conclusions highlighting – in the framework of the European Year of Skills – how robust policies on skills, education and training can create better employment, swifter integration in the labour market and foster social inclusion, and consequently boost the resilience and competitiveness of the EU´s economy and society; calls for financial support to the creation of local strategies for skills and skills development hubs in cooperation with employment agencies of cities; insists on the importance of investing in social inclusion and measures for children and young people; recalls that the integration into the labour market of the most vulnerable groups, such as people in poverty, people with disabilities, young and elderly people, the unemployed, and people displaced as a result of the war in Ukraine, is paramount;

2023/07/05
Committee: EMPL

2023/0000(BUD)

Draft opinion
Paragraph 4 a (new)

4 a. Underlines that a skilled workforce that keeps up with the demands of a modern labour market is essential to stimulate economic growth, competitiveness and social prosperity;

2023/07/05
Committee: EMPL

2023/0000(BUD)

Draft opinion
Paragraph 4 b (new)

4 b. Highlights the regulatory burden on EU employers and its possible negative impact on competitiveness, growth and quality job creation; continues to support the ‘one in, one out’ principle and calls on the Commission to develop a more ambitious Better Regulation agenda, which should lead to a reduced regulatory burden for EU employers;

2023/07/05
Committee: EMPL

2023/0000(BUD)

Draft opinion
Paragraph 4 c (new)

4 c. Welcomes the Commission communication entitled ‘Long-term competitiveness of the EU: looking beyond 2030’ aiming to rationalise and simplify reporting requirements by 25 % for each of the green, digital and economic thematic areas, and the Commission’s presentation of a proposal for achieving this by autumn 2023; calls on the Commission to demonstrate this commitment swiftly, thereby improving the competitiveness of all undertakings in the EU, including small and medium- sized enterprises (SMEs), and enhancing the basic conditions for social justice and prosperity; recalls that SMEs are the backbone of our social cohesion;

2023/07/05
Committee: EMPL

2023/0000(BUD)

Draft opinion
Paragraph 10

10. Regrets the further decrease in the allocation for the Budget line 07 20 04 06 (Specific competences in the area of social policy, including social dialogue); highlights that strong social dialogue is a key feature of the European social model; recalls the commitment of the Union to promote the role of social partners and to facilitate social dialogue, in line with Article 152 of the Treaty on the Functioning of the European Union; stresses the need to ensure adequate support for social dialogue and to develop and improve the capacity of social partners and to increase the allocation for this budget line, as well as to guarantee adequate support for information and training measures for workers’ organisations, taking also into account the continued impact of inflation on staff expenditure in the budgets of the trade union institutes;

2023/07/05
Committee: EMPL

2023/0000(BUD)

Draft opinion
Paragraph 12

12. Recalls that the agencies Eurofound, EU-OSHA, Cedefop, ETF and ELA play an important role in providing Union institutions and countries with specialised knowledge notably on employment and social issues and that they must receive the necessary resources to fulfil their evolving tasks; notes that the 2024 estimates for agencies are in line with the budget programming and that an additional amount ( EUR 650,000 in 2024) is planned for Eurofound for the second year in a row to help it cope with the sharp increase in the coefficient corrector in Ireland; supports ELA’s call for transforming 15 seconded national experts posts into temporary agent posts and for two additional contractual agent posts - without budget impact - with a view to be able to attract and retain the necessary staff resources to fulfil its tasks;

2023/07/05
Committee: EMPL

2023/0000(BUD)

Draft opinion
Paragraph 13 a (new)

13a. Welcomes the proposed Mid-Term revision of the MFF 2021-2027 and underlines the need for a solid, sustainable plan to cover increased interest costs on debt repayments under the Union’s COVID-29 recovery fund; fully endorses further financial aid to Ukraine and welcomes the newly proposed Ukraine Facility;

2023/07/05
Committee: EMPL

2023/0000(BUD)

Draft opinion
Paragraph 13 b (new)

13b. Highlights the demographic situation in the Union with an ageing population as a demographic phenomenon which involves a decrease both in fertility and mortality rates and a higher life expectancy; insists on the need to invest in social infrastructures to address the demographic challenge; stresses the lack of European and national policy responses to the impact of demographic change;

2023/07/05
Committee: EMPL

2023/0000(BUD)

Draft opinion
Paragraph 14

14. Calls on the Commission to develop a proper strategy for the mainstreaming of social objectives in Union spending; considers that a social mainstreaming methodology in the Union budget would be necessary in order to ensure that all Union-funded policies are compliant with the social standards defined in the European Pillar of Social Rights, and that ~~all~~ Union spending contributes to European social objectives or at least does not work contrary to those objectives.

2023/07/05
Committee: EMPL

2023/0000(BUD)

Draft opinion
Paragraph 14 a (new)

14a. Highlights the role of the Support to mitigate Unemployment Risks in an Emergency (SURE) instrument as a crucial element to protect citizens and mitigate the economic and social consequences of the COVID-19 pandemic; underlines that this instrument provided EU macroeconomic stabilisation through support for national counter- cyclical fiscal policies; calls on the Commission to encourage all Member States to strengthen their national unemployment benefit schemes; calls on the Commission to build on the loan- based SURE experience for crisis situations in which national schemes temporarily lack sufficient resources, thereby limiting potential macroeconomic stabilisation; asks the Commission to take into account the observations made by the European Court of Auditors as regards the implementation and the transparency of the SURE instrument.

2023/07/05
Committee: EMPL

2022/2119(DEC)

Draft opinion
Paragraph 3

3. Notes that, the final budget of the Foundation for the financial year 2021 ~~was the same as for the financial year 2020 and~~ amounted to EUR 27 million; expresses its satisfaction that the Foundation’s budget for 2021 was executed by 100%;

2022/12/06
Committee: EMPL

2022/2118(DEC)

Draft opinion
Paragraph 3

3. Notes that, the final budget of the Agency for the financial year 2021 was EUR 22 million~~, representing an increase of 10% compared to 2020~~; expresses its satisfaction that the Agency’s budget for 2021 was executed by 97%.

2022/12/06
Committee: EMPL

2022/2118(DEC)

Draft opinion
Paragraph 3 a (new)

3 a. Is worried about the fact that the ECA reported on certain weaknesses in the procurement procedure, which go against the requirements of Articles 61 and 150of the Financial Regulation;

2022/12/06
Committee: EMPL

2022/2116(DEC)

Draft opinion
Paragraph 3

3. Notes that, the final budget of the Foundation for the financial year 2021 ~~was the same as for the financial year 2020 and~~ amounted to EUR 21 million; expresses its satisfaction that the Foundation’s budget for 2021 was executed by 99.9%;

2022/12/06
Committee: EMPL

2022/2108(DEC)

Draft opinion
Paragraph 2 a (new)

2 a. Notes with concern that the ECA reported that the Authority has not yet adopted a Business Continuity Plan, which constitutes a major internal weakness in its procedures;

2022/12/06
Committee: EMPL

2022/2095(DEC)

Draft opinion
Paragraph 3

3. Notes that the final budget of the Centre for the financial year 2021 ~~was the same as for the financial year 2020 and~~ amounted to EUR 25 million; expresses its satisfaction that the Centre’s budget for 2021 was executed by 100%;

2022/12/06
Committee: EMPL

2022/2081(DEC)

Draft opinion
Paragraph 3

3. Takes note that by the end of 2021, total outstanding commitments totalled EUR 341.6 billion; highlights, however, that outstanding commitments from the EU budget decreased significantly from a historic high of EUR 303.2 billion at the end of 2020, mainly due to delays to the start of the implementation of shared management under the 2021-2027 MFF; notes that outstanding commitments for Heading 2a ‘Cohesion policy’ amounted to EUR 120.4 billion;

2022/12/06
Committee: EMPL

2022/2081(DEC)

Draft opinion
Paragraph 8

8. Notes with satisfaction that EaSI Financial Instruments (encompassing the EaSI Microfinance and Social Entrepreneurship Guarantee, the Capacity Building Investments Window and the Funded Instrument) continued in 2021 to support microenterprises and social enterprises, and that from its launch until 30 September 2021, guarantee agreements worth of EUR 401 million were signed which resulted in a total of 154 137 loans to micro- and social enterprises worth of EUR 2.5 billion; regrets, however, the late start of EaSI in 2021 as a result of the COVID-19 pandemic and other issues;

2022/12/06
Committee: EMPL

2022/2060(INI)

Draft opinion
Paragraph 1

1. Recalls that competition is key to a well-functioning single market and economy and creates incentives for variety in products, lower prices, higher standards, innovation and better services for the consumer; furthermore, stresses that a strong and robust competition policy is crucial for the development of a fair and level playing field for all market players,particularly SMEs, and can help to foster growth, innovation and competitiveness in the single market;

2022/12/14
Committee: IMCO

2022/2060(INI)

Draft opinion
Paragraph 2

2. Notes that the removal of State aid limits due to the COVID-19 crisis and now Russia’s war of aggression against Ukraine have led to Member States providing different amounts of support to the same sectors; underlines that this has led to a playing field that is not level for the same industries within the single market; calls on the Commission to seek ways to counterbalance this problem; notes in particular high divergences in the level of energy subsidies provided by Member States in response to rising energy prices; stresses the importance of a coordinated response that avoids distortion of the EU internal energy market;

2022/12/14
Committee: IMCO

2022/2060(INI)

Draft opinion
Paragraph 3

3. Asks the Commission to ensure that the Digital Markets Act (DMA)1 and the Digital Services Act (DSA)2 are fully enforced and that sufficient Commission additional staff and resources are assigned for this task; asks the Member States, furthermore, to second additional staff and national experts to the Commission for this task; _________________ 1 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1). 2 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).

2022/12/14
Committee: IMCO

2022/2060(INI)

Draft opinion
Paragraph 5

5. Believes that consolidation within the telecommunications and internet service providers sector could have a significant negative effect on competition within the Union, as it could develop into a monopolistic market, and that the Commission should be vigilant about this; notes, moreover, that mergers between internet service providers, media content broadcasters and streaming providers could create incentives to abuse a dominant position, which would have a negative effect on consumers; underlines that competition policy must support net neutrality and prevent all attempts to undermine itbenefit gigabit connectivity when combined with more harmonized rules on frequency and access to fiber networks;

2022/12/14
Committee: IMCO

2022/2060(INI)

Draft opinion
Paragraph 6 a (new)

6 a. Calls on the Commission to continue assisting and supporting Member States in the transposition of the ECN+ Directive1ainto national law to ensure that national competition authorities cooperate and work together to enforce EU competition rules; _________________ 1a Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (OJ L 11, 14.1.2019, p. 3).

2022/12/14
Committee: IMCO

2022/2060(INI)

Draft opinion
Paragraph 7 a (new)

7 a. Calls on the Commission to ensure that Member States correctly apply the Temporary Crisis Framework to ensure that support for energy costs reaches those that require it such as the retail and wholesale sector, which are hit by the current crisis but not traditionally thought of as energy intensive; furthermore, calls on the Commission to closely monitor compliance with the Temporary Crisis Framework;

2022/12/14
Committee: IMCO

2022/2060(INI)

Draft opinion
Paragraph 10

10. Recalls that services represent the largest economic ~~sector~~activity in the European Union in terms of gross added-value and have still not yet reached their competitive potential and the ~~level of~~single market for services lags well behind the single market for goods; believes that the work to remove remaining obstacles should be accelerated and a single market for services fully established; including through the enforcement of competition rules;

2022/12/14
Committee: IMCO

2022/2060(INI)

Draft opinion
Paragraph 11

11. Notes with satisfaction that an agreement has been reached on a regulation on foreign subsidies distorting the internal market5; calls on the Commission and the Member States to ensure full implementation of this new EU instrument to ensure a level playing field~~5 .~~ for all companies operating in the single market so that non-EU subsidies can be thoroughly examined and distortions can be adequately addressed; _________________ 5 Proposal for a Regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market (COM/2021/223 final).

2022/12/14
Committee: IMCO

2022/2046(INI)

Draft report
Recital D

D. whereas, in times of increasing inflation, rapid increases in food and energy prices across the Union affect the most vulnerable, citizens rightly expect the EU budget to respond effectively to evolving needs and to support them in crises;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Draft report
Recital E

E. whereas the combined effect of multiple crises and low MFF ceilings has given rise to a ‘galaxy’ of ad hoc instruments beyond the EU budget, as well as greater use of external assigned revenue not subject to the budgetary procedure, most notably in the case of NextGenerationEU (NGEU); whereas NGEU with the Recovery and Resilience Facility (RRF) ensured an economically and socially sustainable, just, inclusive and non-discriminatory recovery; whereas, as one arm of the budgetary authority, Parliament should play a full role in this new budgetary environment in order to ensure democratic accountability and transparency; whereas the European instrument for temporary support to mitigate unemployment risks in an emergency (SURE) adopted by the Commission was a success;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Draft report
Recital G a (new)

Ga. whereas the European Pillar of Social Rights (EPSR) Action Plan set a target for the Union to reduce the number of people at risk of poverty or social exclusion by at least 15 million, including at least 5 million children, and adopted a series of proposals in order to reach that goal by 2030;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Draft report
Paragraph 1

1. Underlines the central role that the EU budget plays in delivering on the Union’s political priorities, including making a success of the green and digital transitions, fostering an inclusive and social recovery, promoting growth, strategic autonomy and energy independence, providing support for small and medium-sized enterprises, fostering sustainable development that leaves no one behind and ensures cohesion and upward convergence, ensuring a more robust European Health Union in the aftermath of the COVID-19 crisis, promoting the rule of law, EU values and fundamental rights, contributing to greater opportunities for all, and ensuring a stronger Union for its people and in the world; points out that the European Social Fund Plus (ESF+) is the key driver for strengthening the social dimension of the Union and the main instrument for investing in people, promoting high employment levels, building social protection and developing a skilled and resilient workforce ready for the transition to a green and digital economy in line with the principles of the European Pillar of Social Rights;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Draft report
Paragraph 3

3. Highlights that, in the short term, large-scale humanitarian aid in Ukraine and financial support to Member States receiving and helping to settle people fleeing the conflict are needed to address the impact of the war against Ukraine; welcomes the efforts made by Member States hosting persons fleeing the war in Ukraine in terms of offering infrastructure, education and work to refugees;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Draft report
Paragraph 8

8. Emphasises, therefore, that the 2021-2027 MFF is already being pushed to its limits less than two years after its adoption, a situation aggravated by the unforeseeable events of 2022; points out that it is simply not equipped, in terms of size, structure or rules, to respond to a multitude of crises of this scale, nor to adequately finance new shared EU policy ambitions and the swift implementation of the requisite EU-wide solutions; recalls that ESF+ is expected to contribute to the implementation of the European Pillar of Social Rights Action Plan; is concerned about the very limited margins available under the MFF and insists for the need to enhance spending to speed up the implementation of the EPSR Action Plan;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Draft report
Paragraph 17 a (new)

17a. Highlights the demographic situation in the EU with ageing population as a demographic phenomenon which involves a decrease both in fertility and mortality rates and a higher life expectancy; welcomes the European Care Strategy and calls for its support within the MFF; insists on the need to invest in social infrastructures to address the demographic challenge; stresses the lack of policy responses to the impact of demographic change;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Draft report
Paragraph 19

19. Regrets that, contrary to Parliament’s position, it was decided that the costs of EURI borrowing and the repayment of debt be included as a budget line under Heading 2b, alongside flagship programmes such as Erasmus+, EU4Health, and Citizens, Equality, Rights and Values; stresses that interest costs and debt repayment depend on market developments, are not discretionary spending, do not follow the logic of caps on spending and should never compete with programmes under the same ceiling; recalls that any activation of the Emergency Support Instrument also depends on the availability of an unallocated margin under the ceiling of this heading; insists, therefore, that the status quo presents significant risks to programme spending and that the repayment line be removed from Heading 2b and counted over and above the MFF ceilings; stresses the importance of European Year of Skills 2023 with concrete actions and policies to further develop employment and entrepreneurship measures and supported by adequate funding within the MFF;

2022/09/28
Committee: EMPL BUDG

2022/2046(INI)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Pablo ARIAS ECHEVERRÍA

Draft report
Paragraph 28

28. Underlines that the temporary and short-term flexibility introduced into cohesion policy funds through the series of Cohesion’s Action for Refugees in Europe (CARE) proposals helped Member States to deal quickly with the impact of the war against Ukraine, following on from the model of the Coronavirus Response Investment Initiatives, CRII and CRII+, which enabled EU action at the beginning of the COVID-19 pandemic; calls for a temporary European social resilience package coordinating a set of measures and means to strengthen social welfare and social protection systems in the EU, including the continuation and refinancing of SURE as long as the socio- economic consequences of the war continue to have a negative impact on the labour market;

2022/09/28
Committee: EMPL BUDG

2022/0396(COD)

Proposal for a regulation
Recital 11

(11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product. However, in light of the ~~disposal behaviour of consumers regarding~~efforts to establish appropriate recycling and composing streams, tea and coffee bags as well as ~~coffee or tea~~ system single-serve units, which in practice are disposed of together with the product residue ~~leading to the contamination of compostable and recycling streams, those specific items~~ should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41 . Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging. __________________ 41 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Recital 38

(38) In order to facilitate conformity assessment with requirements on compostable packaging, it is necessary to provide for presumption of conformity for compostable packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council56 for the purpose of expressing detailed technical specifications of those requirements and take into account, in line with the latest scientific and technological developments, the parameters, including ~~composting times and admissible levels of contamination, which reflect the actual conditions in bio- waste treatment facilities, including anaerobic digestion processes~~quality of the output, composting proper processing times and admissible levels of contamination. __________________ 56 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council Text with EEA relevance (OJ L 316, 14.11.2012, p. 12).

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Recital 40

(40) Packaging should be designed, where relevant for a given shape, so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057 , should therefore be modified. While marketing and consumer acceptance remain relevant for packaging ~~design~~presentation, design and differentiation functionality, they should not be ~~part of~~the main performance criteria ~~justifying on their own additional packaging weight and volume~~. However, this should not compromise product or packaging specifications for craft and industrial products and food, beverages and agricultural products that are registered aund ~~protected under the EU geographical indication protection scheme~~er or otherwise protected by the Union intellectual property law or EU geographical indication protection schemes, including third country geographical indication that have been given distinctive recognition by the Union, as part of the Union’s objective to protect Intellectual property rights, cultural heritage and traditional know-how. Traditional packaging associated with products that have been granted distinctive recognition or that are subject to geographical indication of origin protection shall, however, seek to reduce packaging weight to the smallest amount possible while protecting the shape of the packaging in accordance with the overall ambitions of this proposal. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. __________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Recital 42

(42) In order to facilitate conformity assessment with requirements on packaging minimisation, it is necessary to provide presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and specify measurable design criteria, including where appropriate, maximum weight or empty space limits for specific packaging formats as well as by-default, standardised packaging designs that comply with the packaging minimisation requirement. Packaging design and minimisation should not compromise the requirements specified under EU rules on food contact materials and they should not affect the food safety of the products.

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Recital 43

(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised without prejudice to Article 4(2) of Directive 2008/98/EC and where re-use does not pose risks to the quality of food and/or compromises food safety of the products. For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation. In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, including hygiene requirements. In light of the significant amount of water needed to implement a re-use system, especially for food and beverages and at industrial level, Member States should maintain a level of flexibility in adopting such provision. The Commission should produce a risk assessment of the implementation of reusable packaging vis-à-vis EU water management strategy and European water waste reduction targets.

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Tom VANDENKENDELAERE, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Recital 44

(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. To this end, the European Commission and Member States shall provide the necessary tools and incentives, including economic ones, with special attention to micro and small enterprises

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Pablo ARIAS ECHEVERRÍA, Tom VANDENKENDELAERE

Proposal for a regulation
Recital 47

(47) In order to inform end-users about reusability, availability of systems for re- use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. ~~The QR code should also facilitate tracking and the calculation of trips and rotations.~~ In addition, reusable sales packaging should be clearly identified at the point of sale.

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Recital 54

(54) In order to safeguard the functioning of the internal market, it is necessary to ensure that packaging from third countries entering the Union market comply with this Regulation, whether imported as self-standing packaging or in a packaged product. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that packaging. Importers should therefore ensure that the packaging they place on the market comply with those requirements and that documentation drawn up by manufacturers are available for inspection by the competent national authorities. To comply with these obligations, adequate support should be provided to non-professional importers, especially to micro and SMEs.

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Recital 64

(64) Reusable packaging becomes waste, in the sense of the Article 3(1) of Directive 2008/98/EC, when its holder discards it, intends to discard it or is obligated to discard it. Reusable packaging in a reconditioning process is ~~normally~~ not considered to be waste.

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1

From ~~[OP: Please insert the date = 42~~36 months after the entry into force of th~~is Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaging~~e delegated act referred to in paragraph 5, information to facilitate consumer sorting shall be marked on the packaging or shall be available through digital means according to Article 11(4). This obligation does not apply to transport packaging, to packaging mentioned in Article 7(3), retail packaging subject to final packaging, as in the case of over the counter food sales, and to reusable gas receptacles. However, it applies to e- commerce packaging.

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2

Packaging subject to deposit and return systems ~~referred to in Article 44(1)~~ shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Article 11 – paragraph 2

2. From ~~[OP: Please insert the date =~~ 48 months after the ~~date of~~ entry into force of th~~is Regulation],~~e implementing act referred to in paragraph 5, reusable packaging shall bear a label on packaging reusability ~~and~~or shall be available through a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale. The marketing authorization holder is permitted to transmit the package leaflet's information via digital data carrier for medicinal products as defined in Article 1, point (2) of Directive 2001/83/EC and as required by Articles 59 and 52 of that same directive.

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 3

3. Where ~~a unit of~~plastic packaging covered by Article 7 is marked with a label containing information consumer relevant information on the share of recycled content~~, that label~~ from post-consumer plastic waste, that label or a QR code or other type of digital data carrier shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where ~~a unit of~~ plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1

Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging~~, they shall be affixed to the grouped packaging~~ information should be conveyed to consumers via digital means of communication as QR code or they shall be affixed to the grouped packaging. Information must be provided through the outer packaging, as defined in Article 1, Point (24), of Directive 2001/83/EC, for all immediate packaging, as defined in Article 1, Point (23), of Directive 2001/83/EC. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding provision of information by digital means.

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)

The information referred to in paragraphs 1 through 3 may, as a derogation from paragraph 4, be provided by electronic means that are specified on the package or on a label that is attached to it. In such cases, the following requirements apply: a) no user data shall be collected or tracked; b) the information shall not be displayed with other information intended for sales or marketing purposes.

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 5

5. By [OP: Please insert the date = 182 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Tom VANDENKENDELAERE

Proposal for a regulation
Article 11 – paragraph 6

6. By [OP: Please insert the date = 124 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the ~~material composition of packaging referred to in paragraph 1~~packaging materials by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 7

7. Without prejudice to requirements concerning other harmonised EU labels, Member States shall not require economic operators ~~shall no~~to provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. From [Please inset the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding aspects that are likely to mislead or confuse consumers or other end users.

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 8

8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) ~~may~~shall be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packagingharmonized symbol to be designed via an implementing act by the Commission in accordance with the examination procedure referred to in Article 59 (3).

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 8 a (new)

8a. Packaging produced or imported prior the deadlines referred to in paragraphs 1, 2 and 3, may be put into the market until 36 months after the entry into force of this Regulation.

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Tom VANDENKENDELAERE

Proposal for a regulation
Article 13 – paragraph 6 a (new)

6a. With regard to this Regulation, for medicinal products, as defined in Article 1, point (2), of the Directive 2001/83/EC, the information provided shall be of the marketing authorisation holder, as provided by Article 6.1a of the Directive 2001/83/EC.

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 9 a (new)

9a. The provisions of paragraphs 1 to 6 shall not apply to custom transport packaging for configurable devices and system, that are destined to be used use in industrial and healthcare environments.

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Tom VANDENKENDELAERE, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1

Without prejudice to Article 19 of the Regulation (EU) 2019/1020, where the market surveillance authorities of one Member State have sufficient reason to believe that packaging covered by this Regulation presents a risk to ~~the environment or~~ human health, they shall carry out an evaluation in relation to the packaging concerned covering all requirements laid down in this Regulation that are relevant to the risk. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2

Where, in the course of that evaluation, and following a process where objections raised by economic operators have been considered, the market surveillance authorities find that the packaging does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective measures, within a reasonable period prescribed by the market surveillance authorities which is commensurate with the nature and, where relevant the degree of the non-compliance, to bring the packaging in compliance with those requirements. The evaluation of market surveillance authorities shall be based on due process.

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Tom VANDENKENDELAERE, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Article 52 – paragraph 4

4. The economic operator shall ensure that all appropriate corrective measures is taken in respect of all the concerned packaging, following due process, that the economic operator has ~~made available~~placed on the market throughout the Union.

2023/06/05
Committee: IMCO

2022/0396(COD)

Lara COMI, Geoffroy DIDIER, Romana TOMC, Tom VANDENKENDELAERE, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Article 54 – paragraph 1

1. Where, having carried out an evaluation under Article 52, and following a process where objections raised by economic operators have been considered, a Member State finds that although packaging is in compliance with the applicable requirements set out in Articles 5 to 11, it presents a risk to ~~the environment or~~ human health, it shall without delay require the relevant economic operator to take all appropriate measures, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where relevant, the degree of risk, to ensure that the packaging concerned, when placed on the market, no longer presents that risk, to withdraw the packaging from the market or to recall it. The evaluation of market surveillance authorities shall be based on due process

2023/06/05
Committee: IMCO

2022/0302(COD)

Proposal for a directive
Recital 17

(17) In the interests of legal certainty, it should be clarified that personal injury includes medically recognised damage to psychological health, that is to say an adverse effect on the victim’s psychological integrity of such gravity or intensity that it affects the victim’s general state of health and that it cannot be resolved without medical treatment.

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Recital 19

(19) In order to protect consumers, damage to any property owned by a natural person should be compensated. Since property is increasingly used for both private and professional purposes, it is appropriate to provide for the compensation of damage to such mixed- use property. ~~In light of this Directive’s aim to protect consumers, property used exclusively for professional purposes should be excluded from its scope~~Property used exclusively for professional purposes by small and micro enterprises should be covered by this Directive unless bilateral arrangements are specified in a separated contract between stakeholders.

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Recital 27

(27) In order to ensure that injured persons have an enforceable claim for compensation where a manufacturer is established outside the Union, it should be possible to hold the importer of the product and the authorised representative of the manufacturer liable. The authorized representative should be verifiable and have access to personnel with sufficient and relevant knowledge and experience to have a meaningful impact. Practical experience of market surveillance has shown that supply chains sometimes involve economic operators whose novel form means that they do not fit easily into the traditional supply chains under the existing legal framework. Such is the case, in particular, with fulfilment service providers, which perform many of the same functions as importers but which might not always correspond to the traditional definition of importer in Union law. In light of the role of fulfilment service providers as economic operators in the product safety and market surveillance framework, in particular in Regulation (EU) 2019/1020 of the European Parliament and of the Council46, it should be possible to hold them liable, but given the subsidiary nature of that role, they should be liable only where no importer or authorised representative is based in the Union. In the interests of channelling liability in an effective manner towards manufacturers, importers, authorised representatives and fulfilment service providers, it should be possible to hold distributors liable only where they fail to promptly identify a relevant economic operator based in the Union. _________________ 46 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Recital 29

(29) In the transition from a linear to a circular economy, products are designed to be more durable, reusable, reparable and upgradable. The Union is also promoting innovative and sustainable ways of production and consumption that prolong the functionality of products and components, such as remanufacturing, refurbishment and repair.47. In addition, products allow for modifications through changes to software, including upgrades. When a product is modified substantially outside the control of the original manufacturer, it is considered to be a new product and it should be possible to hold the person that made the substantial modification liable as a manufacturer of the modified product, since under relevant Union legislation they are responsible for the product’s compliance with safety requirements. Whether a modification is substantial is determined according to criteria set out in relevant Union and national safety legislation, such as modifications that change the original intended functions or affect the product’s compliance with applicable safety requirements. In the interests of a fair apportionment of risks in the circular economy, an economic operator that makes a substantial modification should be exempted from liability if it can prove that the damage is related to a part of the product not affected by the modification. Economic operators that carry out repairs or other operations that do not involve substantial modifications should not be subject to liability under this Directive. _________________ 47 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A new Circular Economy Action Plan for a cleaner and more competitive Europe, COM/2020/98 final.

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down common rules on the liability of economic operators for damage suffered by natural persons caused by defective products. This Directive shall also cover the liability of economic operators that are small and micro enterprises for damage suffered by legal persons if this liability was not specified in a separated contract between the parties.

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 1

(1) ‘product’ means all movables, even if integrated into another movable or into an immovable. ‘Product’ includes electricity, digital manufacturing files and software; For the purpose of this directive, “software” excludes free and open-source software developed or supplied outside the course of a commercial activity;

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 6 – point a

(a) death or personal injury~~, including medically recognised harm to psychological health~~;

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 6 – point b – point iii

(iii) property used exclusively for professional purposes, unless among small and micro enterprises, when covered by business to business contractual agreements;

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 6 – point c

(c) loss or corruption of data that is not used exclusively for professional purposes; unless for small and micro enterprises that are not covered by business to business contractual agreements;

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 7 a (new)

(7a) 'medically recognised harm to psychological health' means adverse psychological effects that are supported by expert evidence and amount to a diagnosed illness according to WHO criteria and that cannot be resolved without medical treatment, excluding stress and anxiety;

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 11

(11) ‘manufacturer’ means any natural or legal person who develops, deploys, manufactures or produces a product or has a product designed or manufactured, orand who markets that product under its name or trademark or who develops, manufactures or produces a product for its own use;

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 17 a (new)

(17a) 'Authorised representative' means any natural or legal person established within the Union who has received and accepted a written mandate from a manufacturer, to act on the manufacturer’s behalf in relation to specified tasks with regard to the latter’s obligations under this directive;

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 17 b (new)

(17b) ‘substantial modification’ means a modification of a product, by physical or digital means, shall be deemed to be substantial where it has an impact on the safety of the product and the following criteria are met: (a) the modification changes the product in a manner which was not foreseen in the initial risk assessment of the product; (b) the nature of the hazard has changed, a new hazard has been created or the level of risk has increased because of the modification; and (c) the modifications have not been made by the consumers themselves or on their behalf for their own use.

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 17 c (new)

(17c) ‘obvious malfunction’ means the undisputable failure of a product to operate normally during its designated use.

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall ensure that any natural person or legal person as specified in Article 1, who suffers damage caused by a defective product (‘the injured person’) is entitled to compensation in accordance with the provisions set out in this Directive.

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 7 – paragraph 4

4. Any natural or legal person that modifies a product that has already been placed on the market or put into service shall be considered a manufacturer of the product for the purposes of paragraph 1, where the modification is considered substantial ~~under relevant Union or national rules on product safety~~ and is undertaken outside the original manufacturer’s control.

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that national courts are empowered, within the framework of the applicable procedural law of the Member States and the Directive (EU) 2016/943 of the European Parliament and of the Council, upon request of an injured person claiming compensation for damage caused by a defective product (‘the claimant’) who has presented facts and evidence sufficient to support the plausibility of the claim for compensation, to order the defendant to disclose relevant evidence that is at its disposal.

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – point b

(b) ~~it is~~factual evidence suggests that it is highly likely that the product was defective or that its defectiveness i~~s a~~n such a way that is a highly likely cause of the damage, or both.

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 13 – paragraph 1

Member States shall ensure that the liability of an economic operator pursuant to this Directive is not, in relation to the injured person, limited or excluded by a contractual provision or by national law. This does not affect the ability of economic entities that are small and micro enterprises to commercially agree on distribution of liability as between themselves.

2023/05/04
Committee: IMCO JURI

2022/0302(COD)

Proposal for a directive
Article 14 – paragraph 3 a (new)

3a. A software update or upgrade which does not amount to a substantial modification according to Article 7(4) shall not trigger or restart the limitation period referred to in paragraph 2.

2023/05/04
Committee: IMCO JURI

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Seán KELLY, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 10 a (new)

(10a) As a member of the World Trade Organisation (WTO), the Union is committed to promoting a rules-based, open, multilateral trading system under the WTO. Any measures introduced by the Union that affect trade must be WTO compliant. Further, all measures introduced by the Union that affect trade must take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not perceived as a unilateral protectionist measure.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 18 a (new)

(18a) Taking into account that this Regulation breaches the European Parliament's and Commission's interinstitutional agreement on Better Law-Making by excluding an impact assessment, and thus lacks significant estimates needed to evaluate cost-benefit, the one-in, one-out principle, and WTO compatibility amongst other things, the Commission should create an impact assessment six months after the Regulation's entry into force. The Commission should also submit a comprehensive report to the European Parliament and to the Council on the impact of the Regulation, three years after its applicability. The report shall evaluate the effectiveness of this Regulation in reaching its objectives, in particular, its impact on the eradication of forced labour.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 18 b (new)

(18b) Given that this Regulation will impose additional compliance costs on economic operators, action needs to be taken to prevent the total level of regulatory and financial burden from increasing. Therefore, in line with the Commission's Better Regulation agenda, and the 'one in, one out' principle, the Commission should present, before the application of this Regulation, proposals offsetting the regulatory and financial burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 22

(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and ~~value~~supply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and ~~value~~supply chains. Appropriate due diligence means that forced labour issues in the ~~value~~supply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Seán KELLY, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 23

(23) In order to ensure cooperation among competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour. When requesting information from economic operators, competent authorities should follow the Commission’s Once-Only principle, through increased cooperation and dialogue between authorities who are engaged in overseeing product regulation. An economic operator should not have to submit the same information more than once.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 24

(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the ~~value~~supply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 25

(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the ~~value~~supply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Seán KELLY, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 27

(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Seán KELLY, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 30

(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management ~~at the expense of the economic operators~~. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Seán KELLY, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 33

(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The guidelines should include sectoral guidance such as the garment and textile sector, agri-sector and automotive sector, as well as type of supplier such as wholesale, manufacture or smallholder farm. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 37

(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management~~, which excludes re-export in case of non-Union goods.~~ . Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 37 a (new)

(37a) The Commission should take into due consideration the risk of disengagement by economic operators who are either related to products, regions or production sites in the data base, or who have had their product removed from the Union market, as well as the consequences on affected workers. The Commission should therefore, where appropriate, support economic operators in adopting and carrying out measures suitable and effective for bringing forced labour to an end.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Seán KELLY, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 42 a (new)

(42a) With acknowledgment of current developments in traceability technology and the use of blockhain to facilitate monitoring of supply chains, the Commission should support economic operators in the uptake of such technology, including through financial and technical assistance.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Seán KELLY, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 45

(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to create enabling environments to promote and protect human rights, including capacity building to support workers and local communities in their efforts to root out forced labour from global supply chains and enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. The Commission should further integrate this Regulation with existing trade measures such as free trade agreements and the Generalised Scheme of Preferences, to enhance the cumulative effect of EU trade measures in eradicating forced labour. This means that in the case where a product has been found to have forced labour, it cannot qualify for GSP tariff reduction. Furthermore, if third country authorities are found to be non-cooperative, or not taking measures to end forced labour within their national borders, the Commission should evaluate whether they should benefit from existing GSP trade facilitation. The Commission should ensure coherence and synergies between relevant external policies, in particular development cooperation and projects focusing on the eradication of forced labour.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Seán KELLY, Romana TOMC

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour. This Regulation contributes to the fight against forced labour and promotes corporate sustainability due diligence standards.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall not cover the withdrawal of products which have reached the end-users in the Union market, or been transformed or integrated into another product and constitute minor component of the final product.

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Article 2 – paragraph 1 – point h

(h) ‘economic operator’ means any ~~natural or legal person or association of persons~~business with more than 1000 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year who is placing or making available products on the Union market or exporting products;

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Seán KELLY, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Article 2 – paragraph 1 – point n

(n) ‘substantiated concern’ means a well-founded reason, based on objective, factual and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Romana TOMC

Proposal for a regulation
Article 2 – paragraph 1 – point r – point 1 (new)

1) 'supply chain' means the network of organizations that cooperate to transform raw materials into finished goods (including the extraction, harvest, production or manufacturing)

2023/06/09
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Seán KELLY, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant, factual and verifiable information available to them, including the following information:

2023/06/15
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the ~~value~~supply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.

2023/06/15
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and ~~value~~supply chains with respect to the products under assessment, including on the basis of any of the following:

2023/06/15
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)

(aa) any industry scheme, third-party audit or certification from the economic operators' suppliers that guarantees the absence of forced labour;

2023/06/15
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Article 4 – paragraph 4

4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1530 working days from the day they received such request or make a justified request for an extension of that time limit. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.

2023/06/15
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Seán KELLY, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Article 4 – paragraph 6

6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in ~~a short period of time~~their supply chain.

2023/06/15
Committee: INTA IMCO

2022/0269(COD)

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Article 5 – paragraph 3 – point a

(a) prioritise the economic operators under investigation involved in the steps of the ~~value~~supply chain as close as possible to where the likely risk of forced labour occurs and

2023/06/15
Committee: INTA IMCO

2022/0269(COD)

(15) A number of Member States have applied Directive 2008/48/EC to areas not covered by its scope to enhance the level of consumer protection. In fact, several of the credit agreements not falling within the scope of that Directive can be detrimental for consumers, including short-term high cost loans whose amount is typically lower than the minimum threshold of EUR 200 set out in Directive 2008/48/EC. In this context, and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market, the scope of this Directive should cover some agreements that were excluded from the scope of Directive 2008/48/EC, such as consumer credit agreements below the amount of EUR 200. Likewise, other potentially detrimental products, because of the high costs they entail or high fees in case of missed payments, should be covered by this Directive, to ensure increased transparency and better consumer protection, resulting in higher consumer confidence. To this extent, leasing agreements, credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month, and credit agreements where the credit is granted free of interest and without any other charges, including Buy Now Pay Later schemes, i.e. new digital financial tools that let consumers make purchases and pay them off over time, andwhere an obligation to purchase the object of the agreement is laid down either by the agreement itself or by any separate agreement, credit agreements in the form of an overdraft facility or overrunning and where the credit has to be repaid within one month but also credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this Directive. Moreover, all credit agreement up until EUR 100 000 should be included in the scope of application of this Directive. The upper threshold of credit agreements under this Directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.

2022/03/16
Committee: IMCO

2. Where a Member State makes use of the regulatory choices provided for in Article 2(3), 2(5) and 2(6), Article 8(12)(c), Article 820(2)(c, Article 26(2), Article 2~~0(2~~9(4), Article ~~26(2~~43(3a) and Article ~~29(4~~44(2), it shall inform the Commission thereof as well as of any subsequent changes. Member States shall also take the appropriate measures to diffuse that information amongst national creditors, credit intermediaries, providers of crowdfunding credit services and consumers.

2022/03/16
Committee: IMCO

2021/0171(COD)

Proposal for a directive
Article 43 – paragraph 3 a (new)

3 a. Nothing in this Directive shall prevent Member States from providing in their national law higher level of consumer protection regarding Article 24 and Article 25 of this Directive.

2022/03/16
Committee: IMCO

2021/0171(COD)

Proposal for a directive
Article 44 – title

Penalties and structural remedies

2022/03/16
Committee: IMCO

2021/0171(COD)

Proposal for a directive
Article 44 – paragraph 2

2. Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394, they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 46% of the creditor, the credit intermediary or the provider of crowdfunding credit services’ annual turnover in all Member States concerned by the coordinated enforcement action.

2022/03/16
Committee: IMCO

2021/0171(COD)

Tomislav SOKOL, Romana TOMC, Pablo ARIAS ECHEVERRÍA

Proposal for a directive
Article 44 – paragraph 2 a (new)

2 a. In the case of systematic and repeated infringements of the provisions of this Directive by the creditor, the credit intermediary or the provider of crowdfunding credit services, where it is clear that the imposition of penalties in accordance to paragraf (2) of this Article cannot ensure the purpose of the penalty, and breaches of the provisions have a disruptive effect on the market, Member States may, as a last resort, provide for the imposition of structural remedies.

2022/03/16
Committee: IMCO

2021/0171(COD)

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1 (new)

In the evaluation referred to in the paragraph (1), the European Commission will include an assessment of new forms of service providers participating in the consumer credit market with a special focus on digital trends and will propose the necessary amendment to the Directive accordingly.

2022/03/16
Committee: IMCO

2021/0171(COD)