Activities of Jasenko SELIMOVIC related to 2018/0231(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Programme for single market, competitiveness of enterprises, including small and medium-sized enterprises, and European statistics and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014, (EU) No 258/2014, (EU) No 652/2014 and (EU) 2017/826 PDF (727 KB) DOC (334 KB)
Amendments (28)
Amendment 47 #
Proposal for a regulation
Recital 2
Recital 2
(2) The internal market has to continuously adapt to a rapidly changing environment of digital revolution and globalisation. A new era of digital innovation continues to provide opportunities for businesses and individuals, creates new products and business models but equally constitutes a challenge to regulation and enforcemen, since the digital world is by definition a fast-moving environment where policy needs to adapt to changing circumstances. As new technologies become mainstream, they can bring profound benefits to the economy and to our daily lives, such as new products and business models. Nonetheless, it is essential that they be grounded in a set of rules to provide confidence to consumers and business alike. However, just having a common set of rules is not enough. There is also a need for more rapid, agile and consistent enforcement of EU rules as well in the online sphere. Adopting rules is only a first step, but making them work is as important. This is ultimately a matter of citizens' trust in the Union, in its capacity to deliver, and ability to create jobs and growth while protecting the public interest.
Amendment 51 #
Proposal for a regulation
Recital 3
Recital 3
(3) The substantial body of Union legislation underpins the functioning of the internal market. This concerns, in particular, competitiveness, standardisation, consumer protection, market surveillance and food chain regulation but also rules concerning business, trade and financial transactions and the promotion of fair competition providing for a level playing field essential for the functioning of the internal market. , to the benefits of consumers and businesses.
Amendment 54 #
Proposal for a regulation
Recital 4
Recital 4
(4) Still, barriers to the proper functioning of the internal market remain and the new obstacles emerge. Adopting rules is only a first step, but making them work is as important. This is ultimately a matter of citizens' trust in the Union, in its capacity to deliver, and ability to create jobs and growth while protecting the public interBarriers to the free exchange of products and services, inadequate enforcement of existing rules, low levels of cross-border public procurement and insufficient political support for structural reforms limit the opportunities for businesses and citizens, resulting in fewer jobs and unnecessarily high pricest.
Amendment 59 #
Proposal for a regulation
Recital 5
Recital 5
(5) Several programmes for Union action exist currently in the fields of competitiveness of enterprises including SMEs, consumer protection, customers and end-users in financial services, policy making in financial services and food chain. Those multiannual financial framework programmes are united by their shared objectives to regulate, implement, facilitate, enforce and protect various activities and actors within the Single Market regulatory framework. Some additional activities are financed directly under the internal market budget lines. It is necessary to streamline and exploit synergies between various actions and provide for a more flexible and agile framework to finance activities aiming to achieve a well-functioning internal market in the most cost-efficient manner. Some programmes and budget lines have reported a need for simplification of administrative management and reporting procedures. In the area of supporting standardisation, evaluations revealed lack of a common understanding of the management of grant agreements and no solutions for electronic reporting tools and data comparability issues. This complicates both reporting and measurement of impacts and performance of individual actions. The evaluation of the Consumer Programme also showed that there seems to be significant room for simplification for grants management. It is therefore necessary to establish a new programme bringing together activities financed previously under those other programmes and other relevant budget lines that will draw lessons from the programmes existing under the current multiannual financial framework. The programme should also include new initiatives which aim to improve the functioning of the internal market.
Amendment 62 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is therefore appropriate to establish a Programme for the internal market, (the 'Programme'), in order to deepen the internal market and improve its functioning, in the areas of the free movement of goods, services, capital and persons, consumer protection, market surveillance, food supply chain and the competitiveness of enterprises, including micro, small and medium-sized enterprises, and European statistics and the framework for financing of development, production and dissemination of European statistics within the meaning of Article 13 of Regulation (EC) No 223/2009 (the 'Programme'). The Programme should be established for the duration of seven years from 2021 to 2027.
Amendment 70 #
Proposal for a regulation
Recital 9
Recital 9
(9) A modern internal market promotes competition and benefitempowers consumers, businesses and employees, based on fairness, transparency and trust. Making better use of the ever evolving internal market in services should help European businesses create jobs and grow across borders, offer wider choice of services at better prices, and maintain high standards for consumers and workers. To achieve this, the Programme should contribute to the removal of remaining barriers, and to ensure a regulatory framework that can accommodate new innovative business models.
Amendment 75 #
Proposal for a regulation
Recital 10
Recital 10
(10) Regulatory obstacles in the internal market have been removed for many industrial products through prevention mechanisms, the adoption of common rules and/or standards and, where no such Union rules exist, through the principle of mutual recognition. In areas where no Union legislation exists, the principle of mutual recognition means that goods that are lawfully marketed in one Member State enjoy the right to free movement and can be sold in another Member State. However, inadequate application of mutual recognition makes it harder for companies to access markets in other Member Statesthe weak use of the principle of mutual recognition and the limited impacts the Mutual Recognition Regulation1a had in achieving the foreseen objectives of ensuring free movement of goods in the Single Market points out that there is a lot of potential to be unleashed. Despite the high degree of market integration in the area of goods, this leads to lost opportunities for the economy at large. The Programme should therefore aim to improve the application of mutual recognition in the area of goods and to reduce the number of illegal and non- compliant goods entering the market. _________________ 1a Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC (Text with EEA relevance)
Amendment 80 #
Proposal for a regulation
Recital 11
Recital 11
(11) New regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution, concerning issues such as cybersecurity, internet of things or artificial intelligence. Should damage occur, stringent and enforceable rules on product safety and liability are essential to ensure a policy response that allows European citizens, including consumers and businesses, to benefit from such rules. The Programme should therefore contribute to the rapid adaptation and better enforcement of a Union product liability regime which fosters innovation.
Amendment 84 #
Proposal for a regulation
Recital 12
Recital 12
(12) Placing on the market of products that are not compliant with Union law puts those who comply at disadvantage and may endanger consumers. Many entrepreneurs disregard the rules either through lack of knowledge or intentionally to gain a competitive advantage. Market surveillance authorities are often underfunded and constrained by national boundaries, while entrepreneurs trade at Union or even global level. In particular, in the case of e-commerce, market surveillance authorities have great difficulties in tracing non-compliant products imported from third countries and identifying the responsible entity within their jurisdiction. The Programme should therefore seek to strengthen product compliance by providing the right incentives to entrepreneurs, raising awareness of applicable EU product safety rules, intensifying compliance checks ands well as promoting closer cross- border cooperation among enforcement authorities. The Programme should also contribute to the consolidation of the existing framework for market surveillance activities, encourage joint actions of market surveillance authorities from different Member States, improve the exchange of information and promote convergence and closer integration of market surveillance activities.
Amendment 86 #
Proposal for a regulation
Recital 13
Recital 13
(13) Product safety is a common concern. The evaluation of Regulation (EC) No 765/2008 attempted to assess the deterrence or rigorousness of the system of controls in the Single Market and it has concluded, despite the limitations in the analysis due to the serious lack of data and inhomogeneity of national reports, that market surveillance is not sufficiently rigorous. Lack of relevant information on control activities may be also in some cases an indication of actual enforcement gaps1a. In that context, the conformity assessment bodies verify whether products meet the safety requirements before they are placed on the market. It is therefore of paramount importance that the conformity assessment bodies are reliable and competent. The Union has put in place a system of accreditation of the conformity assessment bodies, verifying their competence, impartiality and independence. The main challenge is now to keep the accreditation system in line with the latest state of the art and to ensure that it is applied with the same stringency across the Union. The Programme should therefore support measures to ensure that conformity assessment bodies continue fulfilling the regulatory requirements and to enhance the European accreditation system, in particular in new policy areas, by supporting the European co-operation for Accreditation (EA) referred to in Article 14 of Regulation (EC) No 765/2008 of the European Parliament and of the Council48 . _________________ 1a Regulation (EC) No 765/2008 - setting out the requirements for accreditation and market surveillance relating to the marketing of products 48 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 93 #
Proposal for a regulation
Recital 15
Recital 15
(15) Public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative, sustainable, inclusive and competitive internal market. Directive 2014/23/EU of the European Parliament and of the Council49 , Directive 2014/24/EU of the European Parliament and of the Council50 and Directive 2014/25/EU of the European Parliament and of the Council51 provide the legal framework for the integration and effective functioning of the public procurement markets representing 14% of Union’s gross domestic product, to the benefit of public authorities, businesses as well as citizens, including consumers. Correctly implemented public procurement rules are a crucial tool in the service of a stronger single market and for the growth of EU companies and jobs in the Union and whereas the intelligent use of public procurement can be a strategic tool to achieve the EU’s goals of smart, sustainable and inclusive growth, accelerating the transition to more sustainable supply chains and business models. The Programme should therefore support measures to ensure a wider uptake of strategic public procurement, the professionalisation of public buyers, improved access to procurement markets for SMEs, increase of transparency, integrity and better data, boosting the digital transformation of procurement and promotion of joint procurement, through strengthening a partnership approach with the Member States, improving data gathering and data analysis including through development of dedicated IT tools, supporting exchange of experiences and good practices, providing guidance, pursuing beneficial trade agreements, strengthening cooperation among national authorities and launching pilot projects. _________________ 49 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 50 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 51 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 100 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to meet the objectives of the Programme and to facilitate the lives of citizens and businesses, high-quality user- centric public services need to be put in place. This implies that public administrations will need to start working in new ways, bring down silos between the different parts of their administrations, and to engage in the co-creation of these public services with citizens and businesses as well as to develop e-administration tools. Moreover, the continuous and steady increase of cross-border activities in the internal market requires provision of up-to- date information on the rights of businesses and citizens, but also information explaining the administrative formalities as well as simplifying them. In addition, provision of legal advice and helping to solve problems which occur at cross national level becomes essential. Furthermore, connecting national administrations in a simple and efficient manner as well as evaluating how the internal market works on the ground is necessary. The Programme should therefore support the following existing internal market governance tools: the Your Europe Portal which should be a backbone of the upcoming Single Digital Gateway, Your Europe Advice, SOLVIT, the Internal Market Information system and the Single Market Scoreboard in order to improve citizens' daily lives and businesses' ability to trade across borders.
Amendment 105 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Programme in particular needs to tackle the radical implications for competition and the functioning of the internal market resulting from the ongoing transformation of the economy and business environment, in particular through the exponential growth and use of data, taking account of the increasing recourse to artificial intelligence and other IT tools and expertiseand growing challenges that have been learnt in the day-to-day enforcement of EU competition policy. These challenges include a more complex and demanding IT and data driven world (increasingly sophisticated IT tools used by firms, continuous increase in the volume of electronic communications and the use of artificial intelligence, big data and algorithms) as well as the need for a wider and deeper engagement with national authorities and courts. Findings from a number of surveys demonstrate that there is scope for reaching out to a wider group of stakeholders impacted by EU companies and their advisorsetition policy. It is also essential that the Programme supports networks and cooperation with Member State authorities and courts, considering that undistorted competition and the functioning of the internal market depend critically on action by those entities. In view of the particular role of competition policy in preventing harm to the internal market resulting from anticompetitive conduct beyond the Union’s border, the Programme should also support cooperation with third country authorities, as appropriate. Finally, widening outreach activities is necessary in order to allow more citizens and businesses to reap the full benefits of fair competition in the internal market. Given that a number of initiatives in the Programme are new and that the competition part of the Programme is particularly affected by dynamic and rapid developments in the conditions of competition in the internal market, notably relating to Artificial Intelligence, algorithms, big data, cybersecurity and forensic technology, the pace and magnitude of which are difficult to estimate, it is anticipated that flexibility will be required to face the evolving needs under this part of the Programme.
Amendment 122 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) The ineffective enforcement in cases of cross-border infringements, including infringements in the digital environment, makes it possible for traders to evade enforcement by relocating within the Union. It also gives rise to a distortion of competition for law-abiding traders operating either domestically or cross- border, online or offline, and thus directly harms consumers and undermines consumer confidence in cross-border transactions and the internal market.
Amendment 145 #
Proposal for a regulation
Recital 58
Recital 58
(58) The actions implemented under the predecessor programmes and budget lines have proven to be adequate and should be retained, while others that have proven to be inadequate shall be terminated. The new actions introduced under the Programme aim to reinforce in particular the well-functioning internal market. In order to provide more simplicity and flexibility in the execution of the Programme and thereby to better deliver on its objectives, the actions should be defined only in terms of overall, generic categories. Lists of indicative activities concerning specific objectives in the area of competitiveness, consumer protection, market surveillance or specific activities stemming from regulatory requirements, like in the area of standardisation, food chain regulation and European statistics should also be included in the Programme.
Amendment 159 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the programme for deepening the internal market and improving theits functioning of the internal market and, in the areas of the free movement of goods, services, capital and persons, consumer protection, market surveillance, food supply chain, the competitiveness of enterprises, including micro, small and medium-sized enterprises and the framework for financing of development, production and dissemination of European statistics within the meaning of Article 13 of Regulation (EC) No 223/2009 (the 'Programme').
Amendment 167 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to improve the functioning of the internal market, and especially to protect and empower citizens, consumers and businesses, in particular micro, small and medium-sized enterprises (SMEs), by enforcement of Union law, facilitation of market access, standard setting, and by promoting human, animal and plant health and animal welfare; as well as a high level of consumer protection and market surveillance throughout the EU; but also to enhance cooperation between the competent authorities of Member States and between the competent authorities of Member States and the Commission and the decentralised Union agencies in order to achieve such objective;
Amendment 176 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) making the internal market more effective, facilitating the prevention and removal of obstacles, supporting the development, implementation and enforcement of the Union law in the areas of the internal market for the free movement persons, goods and services and capitals, public procurement, market surveillance as well as in the areas of company law and contract and extra- contractual law, anti-money laundering, free movement of capital, financial services and competition, including the development of governance tools;
Amendment 180 #
Proposal for a regulation
Article 3 – paragraph 2 – point c – point i
Article 3 – paragraph 2 – point c – point i
(i) enable the financing of European standardisation bodies and stakeholder participation in setting up European standards;
Amendment 183 #
Proposal for a regulation
Article 3 – paragraph 2 – point d – point i
Article 3 – paragraph 2 – point d – point i
(i) empowering, assisting and educating consumers, businesses and civil society; ensuring a high and uniform level of consumer protection in order to enhance fairness, transparency and trust in the single market, sustainable consumption and product safety notably by supporting competent enforcement authorities and consumer representative organisations and cooperation actions;, particularly as regards to joint cooperation actions for market surveillance; better addressing the challenges posed by digitalization to consumer protection and ensuring that all consumers have access to redress and; provision of adequate information on markets and consumers;
Amendment 197 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. TWhen necessary and duly justified, the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, concerning in particular preparatory, monitoring, control, audit and evaluation activities as well as use of information technology networks focusing on information processing and exchange, and use and development of corporate information technology tools, in so far such activities are required for the achievement of the objectives of the Programme.
Amendment 203 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) creation of the right conditions to empower all actors of the internal market, including businesses, citizens and consumers, civil society and public authorities through transparent information and awareness raising campaigns, particularly as regards to applicable EU rules, the rights of consumers and businesses, best practice exchange, promotion of good practices, exchange and dissemination of expertise and knowledge and organization of trainings;
Amendment 210 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) capacity building, facilitation and coordination of joint actions between Member States and between the competent authorities of Member States and between the competent authorities of Member States and the Commission, the decentralised Union agencies and third country authorities, and more particularly joint actions aimed at strengthening product safety and enforcement of consumer protection rules in the EU;
Amendment 212 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) support for the effective enforcement and modernisation of the Union legal framework and its rapid adaptation to the ever-changing environment and to the challenges posed by digitalization, including through data gathering and analyses; studies, evaluations and policy recommendations; organization of demonstration activities and pilot projects; communication activities; development of dedicated IT tools ensuring transparent and efficient functioning of the internal market.
Amendment 215 #
Proposal for a regulation
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) facilitating the growth of businesses, including skills development, andparticularly as regards to information and communication technology (ICT) and new managerial and entrepreneurial skills to address new technological and markets developments, as well as the industrial transformation across manufacturing and service sectors;
Amendment 232 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The evaluation committee(s) for actions implementing the specific objective(s) referred to in Article 3(2) may be composed fully or partially of external experts. The work of the evaluation committee(s) shall be based on the principles of transparency, equal treatment and non-discrimination.
Amendment 234 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Programme shall be implemented by work programme(s) referred to inin accordance with Article 110 of the Financial Regulation. WThe work programmes shall set outbe annual or multiannual and shall in particular set out the objectives to be pursued, the expected results, wthere applicable, the overall amount reserved for blending operations method of implementation and the total amount of the financing plan. They shall also set out in detail a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. The work programmes shall be, where applicable, communicated to the European Parliament.
Amendment 251 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.