Activities of Stefan BERGER
Written questions (2)
Impact of climate policy on the employment rate in the mobility sector
Security-related concerns regarding current EU customs scanning equipment and the Customs Control Equipment Instrument funds
Amendments (708)
Amendment 62 #
2024/0017(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Foreign investments that create or maintain lasting and direct links between investors from third countries (including state bodies) and Union targets carrying out an economic activity in a Member State should fall within the scope of this Regulation. This should apply where those investments are directly carried out from third countries or by a Union entity with foreign control. However, the framework should not cover the acquisition of company securities intended purely for financial investment without any intention to influence the management and control of the undertaking (portfolio investments)that does not confer the possibility of exercising decisive influence on an Union target. Restructuring operations within a group of companies or a merger of more than onultiple legal entities into a single legal entity do not constitute a foreign investment, provided that there isuch operations ndo increase in the shares held by foreign investors,not result in the possibility to use all or part orf the transaction does not result in additional rights that may lead to a change in the effective participation of one or more foreign investors in the management or controlassets of the Union target or the possibility to exercise decisive influence on the composition or decisions of the organs of athe Union target.
Amendment 64 #
2024/0017(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To ensure consistent and predictable screening processes, it is appropriate to lay down the essential features of the screening mechanisms to be implemented by Member States. Those features should at least include the scope of the transactions to be subject to an authorisation requirement, deadlines for the screening and the possibility for undertakings concerned by the screening decision to seek recourse against such decisions. Rules and procedures relating to screening mechanisms should be transparentAppropriate tools together with sufficient resources should be provided to the screening authority to effectively implement such screening processes. Rules and procedures relating to screening mechanisms should be transparent, causing minimal administrative burden, avoiding undue delays for the applicants and should not discriminate between third countries.
Amendment 81 #
2024/0017(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) To ensure the efficiency and effectiveness of the cooperation mechanism, it is necessary to aligncoordinate deadlines and procedures when several foreign investments linked to the same broader transaction are screened in several Member States. In such multi-country transactions, the applicant should file the different requests for authorisation in the Member States concerned simultaneouslywithin a reasonable time frame. In addition, those Member States should notify the requests simultaneously to the cooperation mechanism. To ensure an efficient handling of these multi-country transactions, the Member States concerned should coordinate and agree on whether the foreign investments are notifiable and when they should be notified. Furthermore, the Member States concerned should also coordinate on the final decision. If the Member States concerned intend to authorise the foreign investment with conditions, they should ensure that these conditions are compatible with one another and address cross-border risks adequately. Before prohibiting a foreign investment, the Member States concerned should consider whether a conditional authorisation with coordinated measures and their coordinated enforcement is not sufficient to address the likely effect on security or public order. The Commission should be able to participate in such coordination.
Amendment 84 #
2024/0017(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) To ensure transparency and efficiency in the cooperation mechanism, it is essential for Member States to provide complete additional information requested by the Commission or other Member States within a reasonable timeframe. Member States should comply with such requests without undue delay and no later than 180 days from the date of the request, using the secure and encrypted system established under this Regulation. Furthermore, when providing additional information to another Member State, the notifying Member State should simultaneously share the same information with the Commission to maintain consistency and facilitate effective coordination.
Amendment 87 #
2024/0017(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Where the Member State where the foreign investment is planned or completed considers that a foreign investment is likely to negatively affect security or public order in the Union, it is appropriate to require that Member State to take appropriate measures to mitigate the risks, where such measures are available, and it considers them adequate, taking into utmostreasonably considerationing the comments issued by other Member States and the opinion issued by the Commission, if applicable. Foreign investments should be prohibited only on an exceptional basis, and where mitigating measures or measures available under Union or national law other than the screening mechanism are not sufficient to mitigate the effect on security or public order or that compliance with mitigating is insufficient.
Amendment 94 #
2024/0017(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) The Commission should revaluateiew the functioning and effectiveness of this Regulation 5 years after the date of application of this Regulation and every 5 years after that and present a report to the European Parliament and to the Council. The report should also focus on the adequacy of the list of projects, programmes and the list of technologies in the Annexes of this Regulation. That report should include an assessment of whether or not this Regulation should be amended. Where the report proposes amending this Regulation, it may be accompanied by a legislative proposal.
Amendment 98 #
2024/0017(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to take into account developments relating to projects or programmes of Union interest and to adapt the list of technologies, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amendments to the Annexes tof this Regulation. The list of projects and programmes of Union interest set out in Annex I should cover projects or programmes covered by EU law which provide for the development, maintenance or acquisition of critical infrastructure, critical technologies or critical inputs which are essential for security or public order. The list of technologies, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union set out in Annex II should include areas where a foreign investment may affect security or public order in more than one Member State or in the Union as a whole through an Union target, which does not participate in or receive funds from a project or programme of Union interest. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making16 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 16 OJ L 123, 12.5.2016, p. 1 should be reviewed every two years. If amendments to the annexes are necessary, the European Commission may introduce a legislative proposal in that regard.
Amendment 102 #
2024/0017(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘foreign investment’ means a foreign direct investment or an investment within the Union with foreign control, which enables effective participation in the management or control of a Union tthe possibility to exercise decisive influence on a Union target from the investor's side; pursuant to Article 3(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings and Article 20(5) of Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal margket;
Amendment 110 #
2024/0017(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall establish or maintain a screening mechanism in accordance withthat fulfils at least the requirements set out in this Regulation.
Amendment 112 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) adequate procedures together with adequate administrative means shall be provided for the screening authority to effectively determine whether it has jurisdiction over a foreign investment filed for authorisation and to carry out an initial review followed by, where necessary, an in-depth investigation to determine whether that foreign investment is likely to negatively affect security or public order. The purpose of the in-depth investigation shall be, in particular, to determine whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content.
Amendment 115 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(a a) Member States shall require mandatory notification of foreign investments which enable the possibility for the investor to exercise decisive influence on a Union target pursuant to Article 3(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings and Article 20(5) of Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market. Screening mechanisms shall not allow Member States to require mandatory notification of minority or short-term investments, or restructuring operations within a group of companies or a merger of more than one legal entities into a single legal entity;
Amendment 119 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the screening authority shall be empowered to start screening foreign investments by its own initiative for at least 15 months after the completion of a foreign investment that is not subject to an authorisation requirement where the screening authority has grounds to consider that the foreign investment may affect security or public order; This does not cover already screened foreign investments unless it is demonstrated that the foreign investor has provided false, misleading or incomplete information.
Amendment 122 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
(g) foreign investments subject to an authorisation requirement as referred to in paragraph 4 shall be filed by the applicant requesting authorisation with the screening authority and shall be screened before the foreign investment is completed;. The screening authority shall limit administrative burdens and undue delays for the applicant requesting authorisation.
Amendment 128 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
Amendment 131 #
2024/0017(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. Member States may ensure that their screening mechanisms impose an authorisation requirement for foreign investments where the Union target established in their territory is economically active in one of the areas listed in Annex II.
Amendment 134 #
2024/0017(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
Member States may notify any foreign investment that do not meet the conditions set out in paragraphs 1 and 2 if the Member State where the Union target is established considers that a foreign investment could be of interest to the other Member States and the Commission from a security or public order perspective, including where the Union target has significant operations in other Member States, or belongs to a corporate group that has several companies in different Member States which are economically active in one of the areas listed in Annex II.
Amendment 137 #
2024/0017(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) applicants requesting an authorisation shall file their requests for authorisation in all relevant Member States on the same day, and each request for authorisation shall make reference to the other requestswithin 15 days’ timeframe; the first request shall not be required to reference other requests, while all subsequent requests shall make reference to the first request. The 15-day time frame shall begin from the date the first request is submitted;
Amendment 156 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 8 – introductory part
Article 7 – paragraph 8 – introductory part
8. Following the receipt of comments pursuant to paragraph 1 or an opinion pursuant to paragraph 2 or 3, the Member State where the foreign investment is planned or completed shall:
Amendment 159 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 8 – point a
Article 7 – paragraph 8 – point a
(a) notify its screening decision toinform the respective Member States and to the Commission on the results of screening via the secure and encrypted system referred to in Article 12(4) no later than 3 calendar days after it was sent to the respective parties to the foreign investment;the screening decision entered into legal force
Amendment 162 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 8 – point b – introductory part
Article 7 – paragraph 8 – point b – introductory part
(b) upon request of the respective Member State or the Commission, invite the respective Member State and the Commission to a meeting or provide a written explanation to the respective Member States and the Commission via the secure and encrypted system referred to in Article 12(4) no later than 7 calendar days aftfollowing such a request. Where the screening decision was notified pursuant to paragraph (a) on:concerns a multi- country notification, the other Member States who notified the foreign investment to the cooperation mechanism shall also be invited to the meeting or receive the written explanation.
Amendment 166 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 8 – point b – point i
Article 7 – paragraph 8 – point b – point i
Amendment 169 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 8 – point b – point ii
Article 7 – paragraph 8 – point b – point ii
Amendment 175 #
2024/0017(COD)
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
Amendment 189 #
2024/0017(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The notifying Member State shall provide the complete additional information requested by the Commission or other Member States pursuant to paragraph 2 without undue delay, and no later than 180 days from the request, via the secure and encrypted system referred to in Article 12(4). Where the notifying Member State provides additional information to a Member State, such additional information shall be sent to the Commission simultaneously.
Amendment 232 #
2024/0017(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 233 #
2024/0017(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article18a Review Clause 1. 5 years after ... [ date of application of this Regulation] and every 5 years thereafter, the Commission shall review the list of projects or programmes of Union interest set out in Annex I to take account of the adoption and amendment of Union law relating to projects or programmes of Union interest relevant to security or public order. 2. As part of this regular review, the Commission shall also review the list of technologies, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union set out in Annex II to take account of changes in the circumstances relevant to the security or public order interests of the Union. In particular, these considerations shall include the following: (a) the resilience of supply chains of particular importance for the security or public order interests of the Union; (b) the resilience of infrastructures of particular importance for the security or public order interests of the Union; (c) the advancement of technologies of particular importance for security or public order of the Union; (d) the emergence of vulnerabilities in relation to access to or other forms of processing of sensitive information, including personal data to the extent they are likely to negatively affect the security or public order interests of the Union; (e) the emergence of a geopolitical situation of particular importance for security or public order of the Union. 3. Where the reviews referred to in paragraph 1 and 2 of this Article conclude that an amendment to Annex I or Annex II is necessary, the Commission may submit a legislative proposal to that regard.
Amendment 234 #
2024/0017(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 239 #
2024/0017(COD)
Proposal for a regulation
Article 20
Article 20
Amendment 245 #
2024/0017(COD)
Proposal for a regulation
Annex II – subheading 1
Annex II – subheading 1
List of technologies, assets, facilities, equipment, networks, systems, services and economic activitems and entities of particular importance for the security or public order interests of the Union
Amendment 16 #
2023/2586(RSP)
Recital B
B. whereas the EPSR was proclaimed in 2017 in Goteborg, setting out 20 principles and establishing a social rulebook towards a strong social Europe that is fair, inclusive and full of opportunity in the 21st century; whereas at the Porto Social Summit in May 2021, the Council committed to three headline targets for 2030 on employment, training and poverty; whereas at least 78 % of the population between 20 and 64 years old should be in employment by 2030; whereas at least 60 % of all adults should participate in training every year; whereas the number of people at risk of poverty or social exclusion should be reduced by at least 15 million by 2030; whereas the three headline targets do not cover the full implementation of the EPSR;
Amendment 23 #
2023/2586(RSP)
Recital C
C. whereas the headline targets set out by the Commission have only been implemented by the Member States for a year; whereas the additional crises since the targets were decided have put additional pressure on reaching these targets; whereas five Member States have reached their national targets on employment, and half of the Member States have surpassed the 78 % target on employment, however projections show that not all Member States will reach the ewhereas ongoing crises increasingly affecting European competitiveness, should be taken into account with a view to refocusing the targets set in 2021 to relieve the pressure on Member States on imployement targeting these by 20301 ; __________________ 1 European Commission, ‘Commission welcomes Member States’ targets for a more social Europe by 2030’, 16 June 2022.
Amendment 25 #
2023/2586(RSP)
Recital D
D. whereas inflation at the EU level has increased the cost of living of median households by around 10 %, the incidence of material and social deprivation by around 2 % and the rate of energy poverty and absolute monetary poverty by around 5 %; whereas in selected Member States and among vulnerable groups, the corresponding welfare effects are expected to be several times higher; whereas this is likely to widen existing gaps in poverty and social exclusion across the EU2 ; whereas in view of the US Inflation Reduction Act, but also other similar investment plans from other third countries, Europe needs a new vision for an innovative industrial location Europe 2050 instead of burdening companies and citizens with guidelines, bans and regulations; __________________ 2 Menyhert, B., ‘The effect of rising energy and consumer prices on household finances, poverty and social exclusion in the EU’, Publications Office of the European Union, Luxembourg, 2022.
Amendment 32 #
2023/2586(RSP)
Recital E
E. wWelcomes the reas according to the European working conditions telephone survey carried out by Eurofound, the target of 60 % in training courses (paid for by the employer) was not reached in any Member State in 2021; whereas the data also shows that those most in need of training (young people, those with lower levels of educational attainment and those in low-skilled occupations) benefited the leastcent announcement by the European Commission of presenting concrete proposals to reduce the regulatory administrative burden by 25% by autumn this year, which will have positive socioeconomic impacts and benefits for companies and citizens alike (young people in training, founders and innovators, self-employed, employees);
Amendment 36 #
2023/2586(RSP)
Paragraph 1
1. Reiterates the importance of the adaption of conclusions of the 2021 Porto Social Summit, which underline that we are still living in unprecedented times; notes that COVID-19 and the ongoing Russian war of aggression against Ukraine on our doorstep resulted in the cost of living and energy crises, which are hitting the most vulnerable groups in our society the hardest, leading to increasing inequalities; reiterates the importance of the EPSR as a guiding compass to a more social Europe; stresses, however, that the resulting headline targets for 2030 set out by the Commission and endorsed by the Council on employment, skills and poverty are insufficient to ensure its full implementation; stresses that the EPSR is a powerful tool to ensure that the European project can act as a powerful shield protecting the health, safety and living conditions of its people;
Amendment 57 #
2023/2586(RSP)
Draft motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the above-mentioned conclusions of the 2021 Porto Social Summit; welcomes the adoption of the Directive on adequate minimum wages in the EU3 and the soon-to-be adopted directive on pay transparency4 ; urges the Council to agree on a general approach concerning the directive for platform work5 in order to improve worker protection in the platform economy and to create fair competition; welcomes the Commission’s commitment to occupational health and safety in the workplace; welcomes the Commission’s commitment to follow up with a legislative proposal after the adoption of Parliament’s resolution of 2 February 20236 ; welcomes the launch of a two-stage consultation of EU social partners; __________________ 3 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union, OJ L 275, 25.10.2022, p. 33. 4 Proposal for a Directive of the European Parliament and of the Council of 4 March 2021 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (COM(2021)0093). 5 Proposal for a Directive of the European Parliament and of the Council of 9 December 2021 on improving working conditions in platform work (COM(2021)0762). 6 European Parliament resolution of 2 February 2023 with recommendations to the Commission on Revision of European Works Councils Directive, Texts adopted, P9_TA(2023)0028.
Amendment 75 #
2023/2586(RSP)
Paragraph 5
5. Calls on the Commission to put forward a legal framework for an effective and enforceable ban on unpaid internships, traineeships and apprenticeships; wWelcomes the European Year of Skills and highlights the importance of access to training and reskilling for workers in industries and sectors that need to undergo fundamental changes in order to achieve the green and digital transitions, ensuring no one is left behind; calls on the Commission to consider a directive on adequate minimum income in order to ensure the reintegration of people absent from the labour market, while respecting the principle of subsidiarity, the specificities of national social protection systems and the competences of the Member States; welcomes the Commission’s commitment to presenting a proposal, by the end of 2023, on the creation of an EU disability card to be recognised in all Member States; welcomes the ongoing negotiations of the social partners on the right to disconnect, with a view to putting forward a legally binding agreement implemented via a directive; calls on the Commission to put forward a legislative proposal for a European social security pass to provide national authorities, such as labour and social security inspectorates, and social partners involved in labour and social security inspections with a real-time instrument to effectively enforce national and EU law;
Amendment 86 #
2023/2586(RSP)
Paragraph 6
Amendment 108 #
2023/2586(RSP)
Paragraph 8
8. Warns that, for the correct implementation of principle 12, adequate social protection needs to be expanded in order to cover the risks associated with the unequal impact of climate change and environmental degradation on different income groups, as well as the social consequences of the transformation of our societies towards climate neutrality; calls on the Commission and the Member States to build upon the Social Climate Fund and lay the foundations for the development of green social protection schemes at national level with EU support;
Amendment 120 #
2023/2586(RSP)
Paragraph 9
9. Highlights that, according to principle 19, access to social housing or housing assistance of good quality should be provided for those in need; urges the Commission to develop an ambitious action plan to achieve accessible and green social housing to meet the housing needs of all EU citizens and to progressively eradicate homelessness by 2030;
Amendment 133 #
2023/2586(RSP)
Paragraph 11
Amendment 142 #
2023/2586(RSP)
Paragraph 12
Amendment 155 #
2023/2586(RSP)
Paragraph 13
13. Believes that, in order to make a fairn innovative and social Europe a reality and to ensure the highest levels of social protection in the green and digital transitions, it is necessary to ensure ait is necessary to ensure an economically and ecologically sustainable, fair and inclusive Europe where social rights are fully protected and safeguarded to at least the same level as oeconomic and environmental standardsaspects are fully covered; stresses the need to take steps to reinforce the role of the EPSR to ensure the equal treatment of the economic, environmental and social standards and to ensure that social standards and social rights in Europe are placed at the centre of the EU’s forthcoming political practices; notes that, consequently, social investment will be needed for the implementation of the EPSR in upcoming funding initiatives and the revision of the multiannual financial framework;
Amendment 164 #
2023/2586(RSP)
Paragraph 15
15. Calls on the Commission to present a governance framework to anticipate and manage changes related to the economic, green and digital transitions in the world of work, focusing first on the importance of safeguarding jobs, including access to adequate training, and second, on the involvement of social partners in decision- making processes;
Amendment 272 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
31. ‘mobile device’ means a payment terminal or a device that enables digital euro users to securely authorise digital euro payment transactions online or offline including in particular but not limited to smart phones, tablets, smart watches and wearables of all kind, as well as cards and USB sticks containing a local storage device.
Amendment 272 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
31. ‘mobile device’ means a payment terminal or a device that enables digital euro users to securely authorise digital euro payment transactions online or offline including in particular but not limited to smart phones, tablets, smart watches and wearables of all kind, as well as cards and USB sticks containing a local storage device.
Amendment 285 #
2023/0212(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The digital euro shall be governed by the provisions of this Regulation, supplemented by the delegated acts that the Commission is empowered to adopt pursuant to Articles 11, 33, 34, 35 and 38, and by the implementing acts that the Commission is empowered to adopt pursuant to Article 37. When drafting delegated and implementing acts pursuant to Articles mentioned in this paragraph, the Commission shall fully implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 285 #
2023/0212(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The digital euro shall be governed by the provisions of this Regulation, supplemented by the delegated acts that the Commission is empowered to adopt pursuant to Articles 11, 33, 34, 35 and 38, and by the implementing acts that the Commission is empowered to adopt pursuant to Article 37. When drafting delegated and implementing acts pursuant to Articles mentioned in this paragraph, the Commission shall fully implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 287 #
2023/0212(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Within the framework of this Regulation, the digital euro shall also be governed by the detailed mdesign feastures, rules and standards that may be adopted by the European Central Bank pursuant to its own competences. Where these detailed mdesign feastures, rules and standards have an impact on the protection of individuals’ rights and freedom with regard to the processing of personal data, the European Central Bank shall consult the European Data Protection Supervisor prior to their adoption. Such detailed measures, rules and standards shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, and shall implement privacy-enhancing technologies, where technically possible.
Amendment 287 #
2023/0212(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Within the framework of this Regulation, the digital euro shall also be governed by the detailed mdesign feastures, rules and standards that may be adopted by the European Central Bank pursuant to its own competences. Where these detailed mdesign feastures, rules and standards have an impact on the protection of individuals’ rights and freedom with regard to the processing of personal data, the European Central Bank shall consult the European Data Protection Supervisor prior to their adoption. Such detailed measures, rules and standards shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, and shall implement privacy-enhancing technologies, where technically possible.
Amendment 316 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
The European Central Bank may, with the aim to safeguard the objectives of its monetary policy, restrict the access to and use in time of the digital euro for the digital euro users referred to in points (b) and (c) subject to the conditions laid down in Article 16 (2). Those timeframes shall be determined in relation to the residence or visiting status of the digital euro users.
Amendment 316 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
The European Central Bank may, with the aim to safeguard the objectives of its monetary policy, restrict the access to and use in time of the digital euro for the digital euro users referred to in points (b) and (c) subject to the conditions laid down in Article 16 (2). Those timeframes shall be determined in relation to the residence or visiting status of the digital euro users.
Amendment 465 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The European Central Bank may require payment service providers to provide all information necessary for the application of this Article and to verify compliance with it. Where this information concerns personal data, the European Central Bank shall require only the data that is strictly necessary for the purposes of the processing, and with full implementation of the principle of data minimisation. Any information requested shall be sent by payment service providers within the time limit set by the European Central Bank. The European Central Bank may require that such information is certified by an independent auditor.
Amendment 465 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The European Central Bank may require payment service providers to provide all information necessary for the application of this Article and to verify compliance with it. Where this information concerns personal data, the European Central Bank shall require only the data that is strictly necessary for the purposes of the processing, and with full implementation of the principle of data minimisation. Any information requested shall be sent by payment service providers within the time limit set by the European Central Bank. The European Central Bank may require that such information is certified by an independent auditor.
Amendment 496 #
2023/0212(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Payment service providers may only distribute the digital euro to natural and legal persons residing or established in a Member State whose currency is not the euro if the European Central Bank and the national central bank of that Member State have signed an arrangement to that effect. Under such arrangement, natural and legal persons residing or established in that Member State wishing to become digital euro users shall receive the same conditions and opportunities for the use of the digital euro as digital euro users in Member States whose currency is the euro, without prejudice to European Central Bank’s prerogative to safeguard the objectives of its monetary policy.
Amendment 496 #
2023/0212(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Payment service providers may only distribute the digital euro to natural and legal persons residing or established in a Member State whose currency is not the euro if the European Central Bank and the national central bank of that Member State have signed an arrangement to that effect. Under such arrangement, natural and legal persons residing or established in that Member State wishing to become digital euro users shall receive the same conditions and opportunities for the use of the digital euro as digital euro users in Member States whose currency is the euro, without prejudice to European Central Bank’s prerogative to safeguard the objectives of its monetary policy.
Amendment 504 #
2023/0212(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The agrerrangement referred to in paragraph 1shall specify the necessary implementing measures and procedures, and the cases under which the agrerrangement may be restricted, suspended, or terminated.
Amendment 504 #
2023/0212(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The agrerrangement referred to in paragraph 1shall specify the necessary implementing measures and procedures, and the cases under which the agrerrangement may be restricted, suspended, or terminated.
Amendment 508 #
2023/0212(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The agreement between the Union and the third country shall specify the necessary implementing measures and procedures, and the cases under which the agreement may be restricted, suspended, or terminated, in particular where the third country has been identified as a third country with significant strategic deficiencies in its national anti-money laundering and combating the financing of terrorism regime as referred to in Article 23 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] or as a third country with compliance weaknesses in its national anti-money laundering and combating the financing of terrorism regime as referred to in Article 24 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] or as a third country posing a specific and serious threat to the Union’s financial system as referred to in Article 25 of Regulation [insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]. That agreement shall be complemented by an arrangement between the European Central Bank and the national central bank and, where appropriate, the national competent authority of the third country.
Amendment 508 #
2023/0212(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The agreement between the Union and the third country shall specify the necessary implementing measures and procedures, and the cases under which the agreement may be restricted, suspended, or terminated, in particular where the third country has been identified as a third country with significant strategic deficiencies in its national anti-money laundering and combating the financing of terrorism regime as referred to in Article 23 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] or as a third country with compliance weaknesses in its national anti-money laundering and combating the financing of terrorism regime as referred to in Article 24 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] or as a third country posing a specific and serious threat to the Union’s financial system as referred to in Article 25 of Regulation [insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]. That agreement shall be complemented by an arrangement between the European Central Bank and the national central bank and, where appropriate, the national competent authority of the third country.
Amendment 572 #
2023/0212(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. The settlement infrastructure shall be developed in compliance with the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, and designed in such a way that neither the European Central Bank nor national central banks can attribute data to an identified or identifiable Digital Euro user.
Amendment 572 #
2023/0212(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. The settlement infrastructure shall be developed in compliance with the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, and designed in such a way that neither the European Central Bank nor national central banks can attribute data to an identified or identifiable Digital Euro user.
Amendment 580 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The European Central Bank may facilitate the fraud detection and prevention tasks that payment service providers shall perform under Directive 2015/2366 by establishing a general fraud detection and prevention mechanism for online dDigital eEuro transactions to ensure the smooth and efficient functioning of the dDigital euroEuro, while at the same time provide necessary safeguards to make the processing compliant with the principles of necessity and proportionality and in respect of appropriate storage limitation. That general fraud detection and prevention mechanism may be operated directly by the European Central Bank or by the providers of support services designated by the European Central Bank.
Amendment 580 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The European Central Bank may facilitate the fraud detection and prevention tasks that payment service providers shall perform under Directive 2015/2366 by establishing a general fraud detection and prevention mechanism for online dDigital eEuro transactions to ensure the smooth and efficient functioning of the dDigital euroEuro, while at the same time provide necessary safeguards to make the processing compliant with the principles of necessity and proportionality and in respect of appropriate storage limitation. That general fraud detection and prevention mechanism may be operated directly by the European Central Bank or by the providers of support services designated by the European Central Bank.
Amendment 583 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The European Central Bank shall consult the European Data Protection Supervisor and the Anti-Money Laundering Authority prior to developing the details on the operational elements of the fraud detection and prevention mechanism.
Amendment 583 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The European Central Bank shall consult the European Data Protection Supervisor and the Anti-Money Laundering Authority prior to developing the details on the operational elements of the fraud detection and prevention mechanism.
Amendment 587 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. For the purpose of this Article, payment service providers shall provide the fraud detection and prevention mechanism with information referred to in Annex 5V. Payment service providers shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the support service shall not be able to directly identify the digital euro users on the basis of the information provided to the fraud detection and prevention mechanism. When implementing these technical and organisational measures, payment service providers and the European Central Bank shall take into account the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, ensuring that the processing of personal data is carried out in such a manner that the personal data can no longer be attributed to an individual digital euro user without the use of additional information.
Amendment 587 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. For the purpose of this Article, payment service providers shall provide the fraud detection and prevention mechanism with information referred to in Annex 5V. Payment service providers shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the support service shall not be able to directly identify the digital euro users on the basis of the information provided to the fraud detection and prevention mechanism. When implementing these technical and organisational measures, payment service providers and the European Central Bank shall take into account the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, ensuring that the processing of personal data is carried out in such a manner that the personal data can no longer be attributed to an individual digital euro user without the use of additional information.
Amendment 594 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers perform a task in the public interest where theyshall process personal data only for the following purposes:
Amendment 594 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers perform a task in the public interest where theyshall process personal data only for the following purposes:
Amendment 606 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Payment service providers shall implement appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures to ensure that any data communicated to the European Central Bank and the national central banks or to providers of support services do not directly identify individual digital euro usersDigital Euro users. In particular, such measures shall ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual Digital Euro user without the use of additional information. When implementing these technical and organisational measures, payment service providers shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 606 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Payment service providers shall implement appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures to ensure that any data communicated to the European Central Bank and the national central banks or to providers of support services do not directly identify individual digital euro usersDigital Euro users. In particular, such measures shall ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual Digital Euro user without the use of additional information. When implementing these technical and organisational measures, payment service providers shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 614 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Personal data processed for tasks referred to in paragraph 1 shall be supported by appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures. This shall include the clear segregation of personal data to ensure that the European Central Bank and the national central banks cannot directly and indirectly identify individual digital euro users. In particular, such measures shall ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual digital euro user without the use of additional information. When implementing these technical and organisational measures, the ECB and national central banks shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 614 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Personal data processed for tasks referred to in paragraph 1 shall be supported by appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures. This shall include the clear segregation of personal data to ensure that the European Central Bank and the national central banks cannot directly and indirectly identify individual digital euro users. In particular, such measures shall ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual digital euro user without the use of additional information. When implementing these technical and organisational measures, the ECB and national central banks shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 619 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 8
Article 35 – paragraph 8
8. For purpose of supporting the task of payment service providers to enforce the holding limits in accordance to Article 16(1) and ensuring the emergency switching upon the request of the user in accordance with Article 31(2), the ECB may alone or jointly with national central banks establish a single access point of digital euro user identifiers and the related digital euro holding limits as referred to in point (4) of Annex 4. The European Central Bank shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the identity of individual digital euro users cannot be inferred from the information accessed via the single access point by entities other than payment service providers whose customer or potential customer is the digital euro user. When implementing these technical and organisational measures, the European Central Bank shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 619 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 8
Article 35 – paragraph 8
8. For purpose of supporting the task of payment service providers to enforce the holding limits in accordance to Article 16(1) and ensuring the emergency switching upon the request of the user in accordance with Article 31(2), the ECB may alone or jointly with national central banks establish a single access point of digital euro user identifiers and the related digital euro holding limits as referred to in point (4) of Annex 4. The European Central Bank shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the identity of individual digital euro users cannot be inferred from the information accessed via the single access point by entities other than payment service providers whose customer or potential customer is the digital euro user. When implementing these technical and organisational measures, the European Central Bank shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 622 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. Where the European Central Bank decides to confer tasks referred to in Article 27 and 32 upon providers of support services, providers of support services shall provide payment-related services across PSPs. In such a situation, payment service providers perform a task in the public interest, where they process personal data forshall solely process personal data where they perform a task in the public interest, in accordance with Article 6(1)(e) of Regulation 2016/679, limited to the following purposes:
Amendment 622 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. Where the European Central Bank decides to confer tasks referred to in Article 27 and 32 upon providers of support services, providers of support services shall provide payment-related services across PSPs. In such a situation, payment service providers perform a task in the public interest, where they process personal data forshall solely process personal data where they perform a task in the public interest, in accordance with Article 6(1)(e) of Regulation 2016/679, limited to the following purposes:
Amendment 625 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The processing of personal data for the purposes referred to in paragraph 1 shall only take place when appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures are implemented to ensure that the providers of support services cannot directly identify individual digital euro users. In particular, such measures shall ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual digital euro user without the use of additional information. When implementing these technical and organisational measures, payment service providers shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 625 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The processing of personal data for the purposes referred to in paragraph 1 shall only take place when appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures are implemented to ensure that the providers of support services cannot directly identify individual digital euro users. In particular, such measures shall ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual digital euro user without the use of additional information. When implementing these technical and organisational measures, payment service providers shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 634 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Transaction data, as generated by a payment transaction within the processing limits laid down in Annex III, IV and V, shall not be retainprocessed by payment service providers, providers of support services or by the European central bBanks and the national central banks.
Amendment 634 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Transaction data, as generated by a payment transaction within the processing limits laid down in Annex III, IV and V, shall not be retainprocessed by payment service providers, providers of support services or by the European central bBanks and the national central banks.
Amendment 641 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. The Commission is empowered to adopt implementingdelegated acts setting offline digital euro payment transaction limits and holding limits. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 398.
Amendment 641 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. The Commission is empowered to adopt implementingdelegated acts setting offline digital euro payment transaction limits and holding limits. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 398.
Amendment 646 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – introductory part
Article 37 – paragraph 6 – subparagraph 1 – introductory part
Transaction and holding limits shall take into account the need to prevent money laundering and terrorist financing while not unduly restricting the use of the offline digital euro as a means of payment. The Commission, when drawing up the implementingdelegated acts referred to in paragraph 5, shall take into account in particular the following:
Amendment 646 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – introductory part
Article 37 – paragraph 6 – subparagraph 1 – introductory part
Transaction and holding limits shall take into account the need to prevent money laundering and terrorist financing while not unduly restricting the use of the offline digital euro as a means of payment. The Commission, when drawing up the implementingdelegated acts referred to in paragraph 5, shall take into account in particular the following:
Amendment 648 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – point c
Article 37 – paragraph 6 – subparagraph 1 – point c
(c) the objective of ensuring the usability and acceptance of the digital euro as a legal tender instrument.;
Amendment 648 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – point c
Article 37 – paragraph 6 – subparagraph 1 – point c
(c) the objective of ensuring the usability and acceptance of the digital euro as a legal tender instrument.;
Amendment 649 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
(ca) the objective of introducing a payment instrument similar to cash and in relation to that preserving the right to the protection of personal data and privacy.
Amendment 649 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
(ca) the objective of introducing a payment instrument similar to cash and in relation to that preserving the right to the protection of personal data and privacy.
Amendment 152 #
2023/0138(COD)
Proposal for a regulation
Recital 4
Recital 4
Amendment 213 #
2023/0138(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Any potential exclusion from the net expenditure definition of certain expenditure on co-financing of programmes funded by the Union and of costs related to the borrowing of funds for the loans related to the national plans in accordance with the Recovery and Resilience Facility should not apply to calculations regarding the benchmark referred to under Article 3 of Council Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure as amended by Regulation [X]
Amendment 256 #
2023/0138(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure the implementation of the medium-term fiscal- structural plans, the Commission and the Council should monitor the reform and investment commitments made in these plans under the European Semester, based on the annual progress reports submitted by the Member States, and in accordance with the provisions of Articles 121 and 148 TFEU. To that effect, they should engage in a European Semester dialogue with the European Parliament. The role of the European Parliament in the European Semester process itself should be preserved
Amendment 305 #
2023/0138(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation sets out rules ensuring effective coordination of economic, budgetary and structural policies of the Member States, thereby supporting the achievement of the Union’s objectives for growth and employment.
Amendment 329 #
2023/0138(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘net expenditure’ means, without exception, all government expenditure net of interest expenditure, discretionary revenue measures and other budgetary variables outside the control of the government as set out in Annex II, point (a), cyclical unemployment expenditure and expenditure on EU programmes fully matched by EU funds revenue;
Amendment 374 #
2023/0138(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
In order to ensure closer coordination of economic, budgetary and structural policies and sustained convergence of the economic and social performance of the Member States, the Council and the Commission shall conduct multilateral surveillance within the European Semester in accordance with the objectives and requirements set out in the TFEU. Multilateral surveillance shall rely on high quality and independent statistics, produced in accordance with the principles laid down in Regulation (EC) No 223/2009 of the European Parliament and of the Council.
Amendment 425 #
2023/0138(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
For each Member State having a public debt above the 60% of GDP reference value or a government deficit above the 3% of GDP reference value, the Commission, acting on its own authority and judgment, shall put forward, in a report to the Economic and Financial Committee, a technical trajectory for net expenditure covering a minimum adjustment period of 4 years of the national medium-term fiscal- structural plan, and its possible extension by a maximum of 3 years pursuant to Article 13. The Commission shall make the rep. The technical trajectory shall be set in levels of net expenditure. The Commission shall make the report public. At the same time as the publication of the report, the Commission shall also make all data, assumptions and calculations underlying the technical trajectorty public in a way that allows for replication.
Amendment 436 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) by the publicend of the adjustment period, at the latest, the 10-year debt tratio is put or remainjectory in the absence of further budgetary measures is on a plausibly downward path, or, in the Member States with debt levels below 60% of GDP, it stays at prudent levels, i.e. below 60% of GDP;
Amendment 447 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the government deficit is maintained or brought and maintained below the 3% of GDP reference value2% of GDP in the absence of further budgetary measures over the same 10-year period, which would create a buffer to the 3% reference value that allows to cover for unforeseen costs and fluctuations in interest expenditure, while striving for a balanced budget;
Amendment 455 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) for the years that the Member State concerned is expected to have a deficit above the 3% of GDP reference value, and the excess is not close and temporary, the technical trajectory is also consistent with the benchmark referred to under Article 3 of Regulation (EC) No 1467/97 as amended by Regulation (EU) [on the corrective arm];
Amendment 466 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the adjustment effort is not postponed towards the final years of the adjustment period, that is to say the fiscal adjustment effort over the period of the national medium-term fiscal- structural plan is at least proportional to the total effort over the entire adjustment period;
Amendment 479 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the public debt ratio at the end of the planning horizon is significantly below the public debt ratio in the year before the start of the technical trajectory; and
Amendment 485 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(d a) the public debt ratio is reduced by at least 1.5% of GDP per year on average over the adjustment period;
Amendment 488 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d b (new)
Article 6 – paragraph 1 – point d b (new)
(d b) the projected debt reduction ten years after the adjustment period is at least [X]% of the excess of the public debt ratio over the 60% reference value, compared to the year before the start of the technical trajectory;
Amendment 496 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) national net expenditure growth remains below medium-term output growth, on average, as a rule over the horizon of the plan. shall not exceed potential output growth in any year of the period of the national medium-term fiscal-structural plan. For Member States with substantial public debt challenges and high debt, the minimum difference between net expenditure growth and potential growth is set at 1 percentage point as long as the structural balance remains below [X] percent of GDP;
Amendment 498 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(e a) the government has a fiscal buffer equivalent to X% of the adjustment effort over the adjustment period for the purpose of unforeseeable budgetary measures.
Amendment 581 #
2023/0138(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Each Member State shall, without undue delay, submit to the Council and to the Commission a national medium-term fiscal-structural plan before end-April following the entry into force of this Regulation. The Member State concerned and the Commission may agree to extend this deadline by a reasonable period if necessary.
Amendment 620 #
2023/0138(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where the national-medium-term fiscal-structural plan includes a temporarily higher net expenditure trajectory than in the technical trajectory issued by the Commission pursuant to Article 5, the Member State shall provide in its plan sound and verifiable economic arguments explaining the differenceprojections and assessments of the economic and fiscal situation, based on and backed by data, explaining the difference and a credible time path to return to the technical trajectory issued by the Commission. The explanation and justification need to be accompanied by an independent evaluation of the respective national IFI and the EFB.
Amendment 649 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) explain how it will ensure the delivery of investment and reforms responding to the main challenges identified within the European Semester, in the country-specific recommendations, correct the identified macroeconomic imbalances under the Macroeconomic Imbalances Procedure if applicable, and address the common priorities of the Union referred to in Annex VI of this Regulation, including the European Green Deal, European Pillar of Social Rights and the Digital Decade while being consistent with the updated National Energy and Climate Plans and the National Digital Decade Roadmapsincluding those that are relevant for the Macroeconomic Imbalances Procedure, and the warnings by the Commission, where applicable, or the recommendations by the Council, where applicable, made pursuant to Article 121(4) TFEU;
Amendment 692 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Where a Member State commits to a relevant set of reforms and investments in accordance with the criteria set out in paragraph 2, the adjustment period may be extended by up to 3 years at most.
Amendment 715 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point ii
Article 13 – paragraph 2 – subparagraph 2 – point ii
(ii) supportimprove and ensure fiscal sustainability;
Amendment 718 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point iii
Article 13 – paragraph 2 – subparagraph 2 – point iii
Amendment 759 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The assessment of whether the set of reforms and investment commitments fulfil the criteria set out in paragraph 2 and of whether each of the reform and investment commitment fulfil the conditions set out in paragraph 3 shall be carried out in accordance with the assessment framework set out in Annex VII. The assessment should be accompanied by an independent evaluation of the respective national IFI and the EFB.
Amendment 766 #
2023/0138(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. A Member State may request no later than 12 months before the end of the current national medium-term fiscal- structural plan to submit a revised national medium-term fiscal-structural plan to the Commission before the end of its adjustment period if there are objective circumstances outside the control of the Member State preventing the implementation of the original national medium-term fiscal- structural plan or if the submission of a newrevised national medium- term fiscal-structural plan is requested by a new government. The ambition of the reform and investments in the revised plan shall not be lower than the original plan. Inflation, revisions to potential growth estimates, or other circumstances that make it easier for a government to implement the original national medium-term fiscal- structural plan is requested by a new government. cannot be the basis for a request to revise the plan and thus do not constitute objective circumstances. Where the Commission considers that the reasons put forward by the Member State concerned do not justify revision of the national medium-term fiscal-structural plan, it shall reject the request within the period referred to in Article 15 (1), after having given the Member State concerned the possibility to present its observations within one month of the communication of the Commission’s conclusions. Reforms and investments that were implemented satisfactorily according to the plan as originally endorsed by the Council should not be reversed by the Member State concerned.
Amendment 799 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission shall assess each national medium-term fiscal-structural plan within 2 months of its submission. The Member State concerned and the Commission may agree to extend the period of assessment by a reasonable period if necessary, not exceeding two months.
Amendment 806 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the national medium-term fiscal-structural plan ensures that public debt is put or kept on a plausibly downward path by the end of the adjustment period at the latest, or, in the Member States with debt levels below 60%, it stays at prudent levels;
Amendment 821 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) whether the government deficit is maintained below the 32% of GDP reference value in the absence of further budgetary measures over a period of 10 years, which would create a buffer to the 3% reference value that allows to cover for unforeseen costs and fluctuations in interest expenditure;
Amendment 838 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point e
Article 15 – paragraph 2 – point e
(e) whether for the years that the Member State concerned is expected to have a deficit above the 3% of GDP reference value, and the excess is not close and temporary, the fiscal adjustment is consistent with the benchmark adjustment of at least 0.5% of GDP in the structural primary balance referred to under Article 3 of Council Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure as amended by Regulation [X]; and
Amendment 855 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point f
Article 15 – paragraph 2 – point f
(f) whether the public debt ratio at the end of the planning horizon is substantially below the public debt ratio in the year before the start of the technical trajectory.;
Amendment 863 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point f a (new)
Article 15 – paragraph 2 – point f a (new)
(f a) the public debt ratio is reduced by at least 1.5% of GDP per year on average over the adjustment period;
Amendment 866 #
2023/0138(COD)
(f b) whether the projected debt reduction ten years after the adjustment period is at least X% of the excess of public debt ratio over the 60% reference value, compared to the year before the start of the technical trajectory; and
Amendment 868 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point f c (new)
Article 15 – paragraph 2 – point f c (new)
Amendment 881 #
2023/0138(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The Council, on a recommendation from the Commission, shall adopt a recommendation setting the net expenditure path of the Member State concerned and, if applicable, endorsing the set of reform and investment commitments underpinning an extension of the adjustment period included in its national medium-term fiscal-structural plan within four weeks of the adoption of the Commission recommendation as a rule. The Commission recommendation shall be accompanied by an evaluation of the EFB and the national independent fiscal institution regarding the fulfilment of the criteria in Article 15 and the assumptions used in the reference trajectory.
Amendment 914 #
2023/0138(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 934 #
2023/0138(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
The Commission shall set up a control account, functioning in accordance with Annex IVmonitor the implementation of the national medium- term fiscal-structural plan, and in particular, the net expenditure path and the reforms and investments underpinning the adjustment period. The Commission shall set up a control account, and shall keep track of cumulative upward (debit) and downward (credit) deviations of actual net expenditures from the net expenditure path, since the establishment of the control account, until the Member State has completed its adjustment. The cumulated balance of the control account in a given/selected period is the sum of the yearly debits and credits registered during that period. The Comission shall prepare a report under Artilce 126(3) TFEU, in case the balance of the control account exceeds 0.3% of GDP. The Commission shall inform the European Parliament about its conclusions in the report.
Amendment 953 #
2023/0138(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Each national independent fiscal institution referred to in Article 8 of Council Directive […]32 [on the national budgetary frameworks] shall provide an assessment of compliance of the budgetary outturns data reported in the progress report referred to in Article 20 with the net expenditure path, using only quantifiable targets. Where applicable, each national independent fiscal institution shall also analyse the factors underlying a deviation from the net expenditure path. _________________ 32 Council Directive […] of […] [amending Council Directive 2011/85/EU on requirements for budgetary frameworks of the Member States] (OJ …., …, p,…)
Amendment 959 #
2023/0138(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 963 #
2023/0138(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. In the event of a significant and/or sustained risk of deviation from the net expenditure path as monitored by the control account or a risk that the government deficit may exceed the 3% of GDP reference value, the Commission may address a warning to the Member State concerned in accordance with Article 121(4) TFEU. In case the value of the control account is higher than 0.3% of GDP, the Member State shall be deemed not to be in compliance with its net expenditure path. In case the Member State has to follow a corrective net expenditure path, this path should ensure that the value of the control account is brought to zero within the deadline set in the Council recommendation.
Amendment 978 #
2023/0138(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
On a recommendation from the Commission, the Council may adopt a recommendation allowing Member States, for a limited and pre-defined period of time, to deviate from their net expenditure path, in the event of a severe economic downturn in the euro area or the Union as a whole, provided it does not endanger fiscal sustainability in the medium term. The Council shall specify a time-limit for such deviationas well as a maximum to the size of the deviation per Member State which would not lead to a breach of medium-term fiscal sustainability.
Amendment 996 #
2023/0138(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
On a recommendation from the Commission, the Council may adopt a recommendation allowing a Member State, for a limited and pre-defined period of time, to deviate from its net expenditure path where exceptional circumstances outside the control of the Member State lead to a major impact on the public finances of the Member State concerned, provided it does not endanger fiscal sustainability in the medium term. The Council shall specify a time-limit for such a deviationas well as a maximum to the size of the deviation per Member State which would not lead to a breach of medium-term fiscal sustainability.
Amendment 1027 #
2023/0138(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
Amendment 1034 #
2023/0138(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. In that case, the Member State for which an excessive imbalance procedure is opened in accordance with Article 7(2) of Regulation (EU) No 1176/2011, it shall submit a revised plan in accordance with Article 14 of this Regulation. The revised plan shall follow the Council recommendation adopted in accordance with Article 7(2) of Regulation (EU) No 1176/2011. The submission of the revised plan shall be subject to the endorsement by the Council in accordance with Articles 16 to 19 of this Regulation. The revised plan shall be assessed in accordance with Article 15 of this Regulation. When the Commission decides against opening an excessive imbalance procedure under Article 7(2) of Regulation (EU) No 1176/2011 in cases where it considers that the Member State concerned is affected by excessive imbalances on the basis of the in-depth review referred to in Article 5 of that Regulation, it shall clearly, duly and publicly explain its position and reasoning based on codified criteria.
Amendment 1078 #
2023/0138(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 1155 #
2023/0138(COD)
Proposal for a regulation
Annex IV
Annex IV
Amendment 1168 #
2023/0138(COD)
Proposal for a regulation
Annex VI
Annex VI
Amendment 54 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2019/943
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Tariff methodologies shall be based on recognised techno-economic principles and reflect the fixed costs of transmission system operators and distribution system operators and shall consider both capital and operational expenditure to provide appropriate and reliable conditions as well as positive incentives to transmission system operators and distribution system operators over both the short and long run, including anticipatory investments, in order to increase efficiencies, including energy efficiency, to foster market integration and security of supply, to support the use of flexibility services, efficient investments including solutions to optimise the existing grid and facilitate demand response and related research activities, and to facilitate innovation in the interest of consumers in areas such as digitalisation, flexibility services and interconnection;
Amendment 64 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a – paragraph 4
Article 19a – paragraph 4
Amendment 86 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2019/944
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity price contracts. Member States shall ensure that final customers who have a smart meter installed can request to conclude a dynamic electricity price contract and that all final customers can request to conclude a fixed- term, fixed-price electricity price contract of a duration of at least one year, with at least one supplier and with every supplier that has more than 200 000 final customers.
Amendment 90 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive (EU) 2019/944
Article 66a – paragraph 1 – introductory part
Article 66a – paragraph 1 – introductory part
1. The Commission, acting together with all of the Member States, may by decision declare a regional or Union-wide electricity price crisis, if the following conditions are met simultaneously and expected to continue for at least six months:
Amendment 92 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) 2019/943
Article 66a – paragraph 1 – point a
Article 66a – paragraph 1 – point a
(a) very high prices in wholesale electricity markets at least two and a half times the average price during the previous 5 years which is expected to continue for at least 6 months;
Amendment 95 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive (EU) 2019/944
Article 66a – paragraph 1 – point b
Article 66a – paragraph 1 – point b
(b) sharp increases in electricity retail prices of at least 70% occur which are expected to continue for at least 6 months; ; and
Amendment 102 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 Directive (EU) 2019/944
Article 2 – paragraph 1 – point 10 Directive (EU) 2019/944
(c) where relevant, comply with the conditions set out in Paragraph 4not affect the wholesale market by imposing revenue caps for electricity producers.
Amendment 76 #
2022/0344(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The review of the list of priority substances in Part A of Annex I to Directive 2008/105/EC has concluded that several priority substances are no longer of Union wide concern and should therefore no longer be included in Part A of Annex I to that Directive. Those substances should therefore be considered as river basin specific pollutants and included in Part C of Annex II to Directive 2008/105/EC together with their corresponding EQS. Considering that those pollutants are no longer considered to be of Union wide concern, the EQS need only be applied where those pollutants could still be of significant national or regional or local concern.
Amendment 120 #
2022/0344(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2000/60/EC
Article 2 – point 35)
Article 2 – point 35)
(35) ‘Environmental quality standard’ means the concentration of a particular pollutant or group of pollutants in water, sediment or biota not to be exceeded in order to protect human health and the environment or a trigger value for the adverse effect on human health or the environment of such a pollutant or group of pollutants measured using an appropriate effectscience-based method.’;
Amendment 187 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
The watch list shall contain a maximum of five substances or groups of substances and shall indicate the monitoring matrices and the possible methods of analysis for each substance. Those monitoring matrices and methods shall not entail excessive costs or excessive bureaucracy for the competent authorities. The substances to be included in the watch list shall be selected from amongst those substances for which the information available indicates that they may pose a significant risk at Union level to, or via, the aquatic environment and for which monitoring data are insufficient. This watch list shall include substances of emerging concern.
Amendment 213 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Directive 2006/118/EC
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 217 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Directive 2006/118/EC
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 222 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Directive 2006/118/EC
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 225 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Directive 2006/118/EC
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 226 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Directive 2006/118/EC
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 278 #
2022/0344(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
Directive 2008/105/EC
Article 8b – paragraph 1 – subparagraph 2
Article 8b – paragraph 1 – subparagraph 2
The watch list shall contain a maximum of 10 substances or groups of substances at any one time, and shall indicate the monitoring matrices and the possible methods of analysis for each substance. Those monitoring matrices and methods shall not entail excessive costs or bureaucracy for the competent authorities. The substances to be included in the watch list shall be selected from amongst the substances for which the information available indicates that they may pose a significant risk at Union level to, or via, the aquatic environment and for which monitoring data are insufficient. The watch list shall include substances of emerging concern.
Amendment 274 #
2022/0196(COD)
Proposal for a regulation
–
–
– The European Parliament rejects the Commission proposal.
Amendment 2158 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 2167 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 2172 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 2180 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 2186 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 8
Article 18 – paragraph 8
Amendment 2202 #
2022/0196(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 2324 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A distributor shall only sell a plant protection product authorised for professional use to a purchaser or his or her representative when that distributor has checked, at the time of purchase, that the purchaser or representative is a professional user and holds a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2330 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a purchaser is a legal person, a distributor may sell a plant protection product authorised for professional use to a representative of the purchaser of the plant protection product when that distributor has checked, at the time of purchase, that the representative is the holder of a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2335 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 2344 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. Each distributor shall ensure that it has sufficient staff that hold a training certificate for following courses for distributors issued in accordance with Article 25 orand has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5) available at the time of sale to provide adequate responses to purchasers of plant protection products at the moment of sale on their use, related health and environmental risksthe necessary knowledge of the health and environmental risks relating to storage and handling and of the appropriate safety instructions to manage those risks.
Amendment 2348 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 2375 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Each Member State shall designate a competent authority or authorities responsible for the implementation of the system for the training and certification of all training referred to in paragraph 1 and, for issuing and renewing training certificates, updating the central electronic register, providing proof of entry in the central electronic register andand for overseeing that the tasks referred to in paragraph 1 are carried out by the body that provided the training.
Amendment 2384 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point b
Article 25 – paragraph 4 – point b
Amendment 2393 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point f
Article 25 – paragraph 4 – point f
Amendment 2422 #
Amendment 2423 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Each Member State shall designate a competent authority to establish, oversee and monitor the operation of a system of independenexpert advisors for professional users. That system may make use of the impartial farm advisors referred to in Article 15 of Regulation (EU) No 2021/2115, who must be regularly trained and can be funded under Article 78 of the same regulationshall comprise advisors trained in accordance with Article 25.
Amendment 2426 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 2433 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 2440 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
Amendment 2613 #
2022/0196(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 2648 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two... Union reduction and two national 2030 reduction targets annually until and including 2030... [OP: please insert the dates – 10 years after the date of application of this Regulation] corridor targets annually until and including ... [OP: please insert the date – 10 years after the date of application of this Regulation] and publish those results on the website referred to in Article 7.
Amendment 2662 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex VI in order to take into account technical progress, including progress in the availability of statistical data, and scientific and agronomic developments. Such delegated acts may modify the existing harmonised risk indicators or provide for new harmonised risk indicators, which may take into account Member States’ progress towards achieving the target of having 25% of their utilised agricultural area devoted to organic farming by 2030 as referred to in Article 8(1), point (d).
Amendment 2676 #
2022/0196(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Each Member State shall evaluate the results of each calculation of (a) progress towards achieving each of the two national 2030 reduction... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets as referred to in Article 34 and (b) harmonised risk indicators at Member State level, as referred to in Article 35, each time the calculations are performed.
Amendment 193 #
2022/0195(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on nature restoration and development (Text with EEA relevance)
Amendment 203 #
2022/0195(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to lay down rules at Union level on the restoration of ecosystems to ensure the recovery and development to biodiverse and resilient nature across the Union territory. Restoring ecosystems also contributes to the Union climate change mitigation and climate change adaptation objectives.
Amendment 208 #
2022/0195(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The European Green Deal43 has set out an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well- being of citizens from environment-related risks and impacts. The EU’s goals are to ensure food security in the face of climate change and biodiversity loss. As part of the European Green Deal, the Commission has adopted an EU Biodiversity Strategy for 203044 .source: https://commission.europa.eu/strategy- and-policy/priorities-2019- 2024/european-green-deal/agriculture- and-green-deal_en _________________ 43 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal, 11.12.2019 (COM (2019) 640 final). 44 Communication from the Commission to the European Parliament, the Council the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030, Bringing nature back into our lives, 20.5.2020, COM(2020) 380 final.
Amendment 219 #
2022/0195(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In its resolution of 9 June 202149 , the European Parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets, and furthermore considered that in addition to an overall restoration target, ecosystem-, habitat- and species-specific restoration targets should be included, covering forests, grasslands, wetlands, peatlands, pollinators, free- flowing rivers, coastal areas and marine ecosystems. Russia's unprovoked invasion of Ukraine has triggered energy and food supply challenges, exacerbating existing food systems vulnerabilities, already weakened under the effect of climate change and the COVID 19 pandemic. Therefore, all objectives must be reviewed in relation to these events, with a special role for the guarantee of food safety. (https://www.europarl.europa.eu/thinktan k/en/document/EPRS_BRI(2022)733667) _________________ 49 European Parliament resolution of 9 June 2021 on the EU Biodiversity Strategy for 2030: Bringing nature back into our lives (2020/2273(INI)).
Amendment 224 #
2022/0195(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In a two-way process, climate change is one of the main drivers of biodiversity loss, but destruction of ecosystems undermines nature’s ability to regulate greenhouse gas (GHG) emissions and protects against extreme weather, thus accelerating climate change and increasing vulnerability to it. This explains why the two crises must be tackled together with holistic policies that address both issues simultaneously and not in silos.
Amendment 228 #
2022/0195(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).
Amendment 230 #
2022/0195(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third4 % should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).
Amendment 237 #
2022/0195(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) At the COP 15 the nations supported the 23 targets for 2030 in the landmark biodiversity agreement and to ensure that areas under agriculture, aquaculture, fisheries and forestry are managed sustainably, in particular through the sustainable use of biodiversity, including through a substantial increase of the application of biodiversity friendly practices, such as sustainable intensification, agroecological and other innovative approaches contributing to the resilience and long- term efficiency and productivity of these production systems and to food security, conserving and restoring biodiversity and maintaining nature’s contributions to people, including ecosystem functions and services . https://ec.europa.eu/commission/presscor ner/detail/en/ip_22_7834 https://prod.drupal.www.infra.cbd.int/sites /default/files/2022-12/221219-CBD- PressRelease-COP15-Final_0.pdf
Amendment 242 #
2022/0195(COD)
(13) It is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation, the creation of high-quality jobs and sustainable growth. Biodiverse ecosystems such as wetland, freshwater, forest as well as agricultural, sparsely vegetated, marine, coastal and urban ecosystems deliver, if in good condition, a range of essential ecosystem services, and the benefits of restoring degraded ecosystems to good condition and the sustainable agricultural activity and forest management in all land and sea areas far outweigh the costs of restoration. Those services contribute to a broad range of socio-economic benefits, depending on the economic, social, cultural, regional and local characteristics.
Amendment 248 #
2022/0195(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Member States should cooperate bilaterally and within regional and sub- regional cooperation mechanisms to protect biodiverse ecosystems especially if the ecosystems extend beyond the borders (cross border management). When ecosystems extend the borders of a Member State, national restoration and development plans should be extended to common regional restoration or development plans.
Amendment 249 #
2022/0195(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The United Nations Statistical Commission adopted the System of Environmental Economic Accounting - Ecosystem Accounting (SEEA EA)54 at its 52nd session in March 2021. SEEA EA constitutes an integrated and comprehensive statistical framework for organising data about habitats and landscapes, measuring the extent, condition and services of ecosystems, tracking changes in ecosystem assets, and linking this information to economic and other human activity. A reference to food security should be considered and included. _________________ 54 https://seea.un.org/sites/seea.un.org/files/d ocuments/EA/seea_ea_white_cover_final.p df.
Amendment 257 #
2022/0195(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Living nature plays an important role in many climate-relevant processes (e.g. binding and release of CO2 and other greenhouse gases, water cycle, absorption of solar radiation). Changes in the biosphere therefore always have consequences for the climate system. At the same time climate change has both direct and indirect effects on nature, which should be taken into account to protect biodiversity. The geographical distribution of animal and plant species on Earth is determined to a large extent by climate. Changes in temperature and precipitation and in the frequency of extreme events have a direct influence on the annual rhythm, behaviour, reproduction, competitiveness and feeding relationships of species, competitive ability and feeding relationships of species. This can lead to major shifts in their distribution areas and in the species composition and structure of entire ecosystems. Indirect impacts on biodiversity arise from human responses to climate change, whether through adaptation of land use patterns, measures to protect populations from extreme events, or measures to reduce atmospheric greenhouse gas concentrations. The changes can be profound and affect large areas. Depending on how they are shaped, they can have positive and/or negative consequences for nature conservation.
Amendment 263 #
2022/0195(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Union climate policy is being revised in order to follow the pathway proposed in Regulation (EU) 2021/1119 to reduce net emissions by at least 55 % by 2030 compared to 1990. In particular, the proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 and (EU) 2018/199961 aims to strengthen the contribution of the land sector to the overall climate ambition for 2030 and aligns the objectives as regards accounting of emissions and removals from the land use, land use change and forestry (‘LULUCF’) sector with related policy initiatives on biodiversity. That proposal emphasises the need for the protection and enhancement of nature-based carbon removals, for the improvement of the resilience of ecosystems to climate change, for the restoration of degraded land and ecosystems, and for rewetting peatlands. It further aims to improve the monitoring and reporting of greenhouse gas emissions and removals ofrom land subject to protection and restoration. In this context, it is important that ecosystems in all land categories, including forests, grasslands, croplands and wetlands, are in good condition, which corresponds to the climatic regions, in order to be able to effectively capture and store carbon. _________________ 61 Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 as regards the scope, simplifying the compliance rules, setting out the targets of the Member States for 2030 and committing to the collective achievement of climate neutrality by 2035 in the land use, forestry and agriculture sector, and (EU) 2018/1999 as regards improvement in monitoring, reporting, tracking of progress and review (COM/2021/554 final).
Amendment 273 #
2022/0195(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In the final report of the Conference on the Future of Europe, citizens call on the Union to protect and restore biodiversity, the landscape and oceans, eliminate pollution and to foster knowledge, awareness, education, and dialogues on environment, climate change, energy use, and sustainability while at the same time ensuring food security.63 _________________ 63 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposal 2 (1, 4, 5) p. 44, Proposal 6 (6) p. 48.
Amendment 280 #
2022/0195(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Soils are an integral part of terrestrial ecosystems. The Commission’s 2021 Communication ‘EU Soil Strategy for 2030’64 outlines the need to restore degraded soils and enhance soil biodiversity. The interests of landowners and land managers should be adequately taken into account. _________________ 64 Communication from the Commission to the European Parliament, Council, the European Economic and Social Committee and the Committee of the Regions. EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate (COM/2021/699 final).
Amendment 287 #
2022/0195(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) A framework and guidance67 already exist to determine good condition of habitat types protected under Directive 92/43/EEC and to determine sufficient quality and quantity of the habitats of species falling within the scope of that Directive. Restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. However, such restoration will not be enough to reverse biodiversity loss and recover all ecosystems. Therefore, additional obligationproduction-integrated commitments should be established based on specific indicators in order to enhance biodiversity at the scale of wider ecosystems while at the same time guaranteeing food security. _________________ 67 DG Environment. 2017, “Reporting under Article 17 of the Habitats Directive: Explanatory notes and guidelines for the period 2013-2018” and DG Environment 2013, “Interpretation manual of European Union habitats Eur 28”.
Amendment 292 #
2022/0195(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000.
Amendment 293 #
2022/0195(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Voluntary and participatory approaches are preferable to regulatory measures in order to increase the acceptance of all actors in the implementation of the restoration and development objectives.
Amendment 300 #
2022/0195(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.
Amendment 301 #
2022/0195(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) If the favourable conservation status is not reached, a review should be carried out to determine why the favourable conservation status could not be achieved.
Amendment 303 #
2022/0195(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Similar requirements should be set for the habitats of species that fall within the scope of Directive 92/43/EEC and habitats of wild birds that fall within the scope of Directive 2009/147/EC, having special regard to the connectivity needed between both of those habitats in order for the species populations to thrive. Thereby intra-specific interactions that occur between individuals of the same species and inter-specific interactions that occur between two or more species need to be examined and taken into account.
Amendment 310 #
2022/0195(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure that the restoration and development measures are efficient and that their results can be measured over time, it is essential that the areas that are subject to such restoration and development measures, with a view to improving the condition of habitats that fall within the scope of Annex I to Directive 92/43/EEC, to re-establish those habitats and to improve their connectivity, show a continuous improvement until good condition is reached. To measure the efficiency of the restoration and development measures, EU-wide common standards should apply.
Amendment 312 #
2022/0195(COD)
(31a) Successful habitat restoration requires understanding species life cycles and interactions, and the food, water, nutrients, space, and shelter that is necessary to sustain species populations. In some areas, restoration may not succeed in re-establishing the full assemblage of native species or the full extent of the original ecosystem’s structure and function due to environmental conditions such as climate change. In these cases, new ecosystems and habitats need to be developed.
Amendment 327 #
2022/0195(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) It is important that the areas covered by habitat types falling within the scope of this Regulation do not deteriorate as compared to the current situation, considering the current restoration needs and the necessity not to further increase the restoration needs in the future. It is, however, appropriate to consider the possibility of force majeure, which may result in the deterioration of areas covered by those habitat types, as well as unavoidable habitat transformations which are directly caused by climate change, or as a result of a plan or project of overriding public interest, for which no less damaging alternative solutions are available, to be determined on a case by case basis, or of a plan or project authorised in accordance with Article 6(4) of Directive 92/43/EEC and on measures which are introduced to guarantee food security. Member States should provide scientific evidence for these exceptions.
Amendment 346 #
2022/0195(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To support the restoration and non- deterioration of terrestrial, freshwater, coastal and marine habitats, Member States haveshould ensure, as far as possible, the continued, long-term and sustainable impact of the restoration and development measures, including, where appropriate, the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area- based conservation measures, and to promote private land conservation measures.
Amendment 355 #
2022/0195(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) With artificial light increasing, light pollution has become a pertinent issue. Its sources include building exterior and interior lighting, advertising, commercial properties, offices, factories, streetlights, and illuminated sporting venues. Light pollution is a driver of insect declines. Many insects are drawn to light, but artificial lights can create a fatal attraction. Declining insect populations negatively impact all species that rely on insects for food or pollination. Some predators exploit this attraction to their advantage, affecting food webs in unanticipated ways.
Amendment 357 #
2022/0195(COD)
Proposal for a regulation
Recital 43 b (new)
Recital 43 b (new)
(43b) The sealing off of surfaces in cities has significant effects on factors such as biodiversity, water retention and heat stress. Gardens should be given special attention in this respect as depaving gardens can have large effects on water retention and urban heat stress at local level.
Amendment 363 #
2022/0195(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) Urban green space designated in existing land-use plans of local authorities or through other local instruments of spatial function assignment shall be considered, especially those that are indicated for networking functions within the biotope network, for example urban green spaces that are enabling the exchange between flora and fauna. Where possible, data measurement tools for a more detailed individual assessment of green spaces, where green roofs, individual trees and private gardens, for example, can also be taken into account.
Amendment 376 #
2022/0195(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) Member States should ensure that Union environmental law is applied to the deployment of energy from renewable sources, the related transmission and distribution network elements as well as storage facilities based on the principle that the species protection refers to the entire population and not to the individual specimens.
Amendment 380 #
2022/0195(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In the Union, pollinators have dramatically declined in recent decades, with one in three bee species and butterfly species in decline, and one in ten such species on the verge of extinction. Pollinators are essential for the functioning of terrestrial ecosystems, human wellbeing and food security, by pollinating wild and cultivated plants. Almost EUR 5 000 000 000 of the EU’s annual agricultural output is directly attributed to insect pollinators70 . _________________ 70 Vysna, V., Maes, J., Petersen, J.E., La Notte, A., Vallecillo, S., Aizpurua, N., Ivits, E., Teller, A., Accounting for ecosystems and their services in the European Union (INCA). Final report from phase II of the INCA project aiming to develop a pilot for an integrated system of ecosystem accounts for the EU. Statistical report. Publications office of the European Union, Luxembourg, 2021.
Amendment 385 #
2022/0195(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 387 #
2022/0195(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products [for adoption on 22 June 2022, include title and number of the adopted act when available] aims to regulate one of the drivers of pollinator decline by prohibiting the use of pesticides in ecologically sensitive areas, many of which are covered by this Regulation, for example areas sustaining pollinator species which the European Red Lists76 classify as being threatened with extinction. Agricultural and forest ecosystems that are dedicated to the production of food, fodder and renewable raw materials are of specific socio-economic importance. Their production function should not be undermined. _________________ 76 European Redlist - Environment - European Commission (europa.eu)
Amendment 396 #
2022/0195(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Sustainable, resilient and biodiverse agricultural ecosystems are needed to provide safe, sustainable, nutritious and affordable food. Biodiversity-rich agricultural ecosystems also increase agriculture’s resilience to climate change and environmental risks, while ensuring food safety and security and creating new jobs in rural areas, in particular jobs linked to organic farming as well as rural tourism and recreation. Therefore, the Union needs to improve the biodiversity in its agricultural lands, through a variety of existing practices beneficial to or compatible with the biodiversity enhancement, including extensive agriculture. Extensive agriculture is vital for the maintenance of many species and habitats in biodiversity rich areas. There are many extensive agricultural practices which have multiple and significant benefits on the protection of biodiversity, ecosystem services and landscape features such as precision agriculture, new breeding techniques, organic farming, agro-ecology, agroforestry and low intensity permanent grassland.
Amendment 398 #
2022/0195(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Restoration measures need to be put in place to enhance the biodiversity of agricultural ecosystems across the Union, including in the areas not covered by habitat types that fall within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of agricultural ecosystems that would allow setting specific restoration targets for agricultural ecosystems, it is appropriate to set a generalthat fall within the scope of Directive 92/43/EEC. The obligation to improve biodiversity in agricultural ecosystems and measure the fulfilment of that obligation on theshould basise ofn existing indicators taking into account product- integrated commitments.
Amendment 410 #
2022/0195(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) High-diversity landscape features on agricultural land, non productive areas and land use with high diversity in rural areas, including buffer strips, rotational or non-rotational fallow land, hedgerows, organic farmland, compensation areas, intercrops, extensive farmland, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive mineral fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high-diversity landscape features in rural areas should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 10 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
Amendment 415 #
2022/0195(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) High-diversity landscape features on agricultural land, non-productive areas and land use with high diversity in rural areas, including buffer strips, rotational or non-rotational fallow land, hedgerows, organic farmland, compensation areas, intercrops, extensive farmland, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive mineral fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high- diversity landscape features should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 104 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
Amendment 419 #
2022/0195(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) The Common Agricultural Policy (CAP) is focused on social, environmental and economic goals and aims to support and strengthen environmental protection, including biodiversity. The policy has among its specific objectives to contribute to halting and reversing biodiversity loss, enhance ecosystem services and preserve habitats and landscapes. The new CAP conditionality standard Nr. 8 on Good Agricultural and Environmental Conditions (GAEC 8)77 , requires beneficiaries of area related payments to have at least 4% of arable land at farm level devoted to non- productive areas and features, including land lying fallow and to retain existing landscape features. The 4% share to be attributed to compliance with that GAEC standard can be reduced to 3 % if certain pre-requisites are met78 . That obligation will contribute to Member States reaching a positive trend in high-diversity landscape features on agricultural land. In addition, under the CAP, Member States have the possibility to set up eco-schemes for agricultural practices carried out by farmers on agricultural areas that may include maintenance and creation of landscape features or non-productive areas. Similarly, in their CAP strategic plans, Member States can also include agri- environment-climate commitments including the enhanced management of landscape features going beyond conditionality GAEC 8 and/or eco- schemes. LIFE nature and biodiversity projects will also help to put Europe's biodiversity on agricultural land on a path to recovery by 2030, by supporting the implementation of Directive 92/43/EEC and Directive 2009/147/EC as well as the EU Biodiversity Strategy for 2030. _________________ 77 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, OJ L 435, 6.12.2021, p. 1, 78 Where a farmer commits to devote at least 7% of his/her arable land to non- productive areas or features, including land lying fallow, under an enhanced eco- scheme or if there is a minimum share of at least 7 % of arable land at farm level that includes also catch crops or nitrogen fixing crops, cultivated without the use of plant protection products.
Amendment 420 #
2022/0195(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Restoration and rewetting79 of organic soils80 in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands help achieve significant biodiversity benefits, an important reduction of green-house gas emissions and other environmental benefits, while at the same time contributing to a diverse agricultural landscape. Member States can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland, water level management, and extensification measures accompanied by reduced drainage, to full rewetting with the opportunity of paludicultural use, photovoltaic systems or the establishment of peat-forming vegetation. In case where an ecosystem is so affected by human activity or its natural condition is such that it may be unfeasible or unreasonably expensive to achieve good status, less stringent environmental objectives may be set on the basis of appropriate, evident and transparent criteria, and all practicable steps should be taken to prevent any further deterioration of the status of the ecosystem. The most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. Member States shall draft national restoration and development plans in cooperation with relevant stakeholders, outlining voluntary measures that landowners and land managers can choose to implement in rural areas. To allow for a flexible implementation of the restoration target for drained peatlands under agricultural use Member States may count the restoration measures and rewetting of drained peatlands in areas of peat extraction sites as well as, to a certain extent, the restoration and rewetting of drained peatlands under other land uses (for example forest) as contributing to the achievement of the targets for drained peatlands under agricultural use. _________________ 79 Rewetting is the process of changing a drained soil into a wet soil. Chapter 1 of IPCC 2014, 2013 and Supplement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories: Wetlands, Hiraishi, T., Krug, T., Tanabe, K., Srivastava, N., Baasansuren, J., Fukuda, M. and Troxler, T.G. (eds). 80 The term ‘organic soil’ is defined in IPCC 2006, 2006 IPCC Guidelines for National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme, Eggleston H.S., Buendia L., Miwa K., Ngara T. and Tanabe K. (eds).
Amendment 426 #
2022/0195(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to reap the full biodiversity benefits, restoration and rewetting of areas of drained peatland should extend beyond the areas of wetlands habitat types listed in Annex I of Directive 92/43/EEC that are to be restored and re-established. Data about the extent of organic soils as well as their greenhouse gas emissions and removals are monitored and made available by LULUCF sector reporting in national greenhouse gas inventories by Member States, submitted to the UNFCCC. Restored and rewetted peatlands can continue to be used productively in alternative ways. For example, paludiculture, the practice of farming on wet peatlands, can include cultivation of various types of reeds, certain forms of timber, blueberry and cranberry cultivation, sphagnum farming, and grazing with water buffaloes. Such practices should be based on the principles of sustainable management and aimed at enhancing biodiversity so that they can have a high value both financially and ecologically. Paludiculture can also be beneficial to several species which are endangered in the Union and can also facilitate the connectivity of wetland areas and of associated species populations in the Union. Funding for measures to restore and rewet drained peatlands and to compensate possible losses of income can come from a wide range of sources, including expenditure under the Union budget and Union financing programmes. Programmes for long-term financing are to be developed for this purpose.
Amendment 435 #
2022/0195(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The new EU Forest Strategy for 203081 outlined the need to restore forest biodiversity. Forests and other wooded land cover over 43,5 % of the EU’s land space. Forest ecosystems that host rich biodiversity are vulnerable to climate change but are also through their multifunctional use a natural ally in adapting to and fighting climate change and climate-related risks, including through their carbon-stock and carbon-sink functions, and provide many other vital ecosystem services and benefits, such as the provision of timber and wood, food and other non-wood products, climate regulation, soil stabilisation and erosion control and the purification of air and water. _________________ 81 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. New EU Forest Strategy for 2030 (COM/2021/572 final).
Amendment 437 #
2022/0195(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Restoration measures need toshould be put in place to enhance the biodiversity of forest ecosystems across the Union, including in the areas not covered by habitat types falling within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of forest ecosystems that would allow for the setting of specific restoration targets for forest ecosystems, it is appropriate to set a general obligation to improve biodiversity in forest ecosystems and measure the fulfilment of that obligation on the basis of existing indicators, such as standing and lying deadwood, the shThe focus should be on improving biodiversity and the resilience of forest ecosystems and, where possible, to measure on the basis of existing and new indicators, such as the share of forests with uneven-aged structure, forest connectivity, dead wood lying and standing in quantity per hectare; vertical structure richness (single layer, multi-layered, multi-layered); location and climate-related tree species composition as a share of the total forest area; nutrient sustainability in representative areas; change in percent of forest stand; share of timber construction in the construction volume and share of wood chemically valued in the volume of wood; area of forests with uneven-aged structure, forest connectivity, the commonhere effective measures have been taken to increase resilience to climate change; ecosystem service water protection; research ecosystem services health, recreation and education in the forest and tree species composition. In view of the ever- increasing risk of forest bfird index82 , and the stock of organic carbon. _________________ 82 Common bird index (EU aggregate) - Products Datasets - Eurostat (europa.eu)es caused by climate change, Member States should take into account when setting the targets of increasing the proportion of deadwood, the share of forests with uneven age structure and the networking of forests, the risk of forest fires.
Amendment 446 #
2022/0195(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57a) The EU Biodiversity Strategy for 2030 sets the target of planting at least three billion climate-adapted additional trees by 2030 in all habitats, while respecting ecological principles. This objective should be fully incorporated into this Regulation. This initiative counteracts the continuing trend of net decline in forest land and the loss of trees in urban areas in the Union, contributes to some of the restoration objectives set out in this Regulation and strengthens the production of wood and other by-products such as fruit and honey. Over time, it will also contribute to increasing the forest area as well as the trees in urban areas and other landscape components in the Union, thus increasing the CO2 sink and CO2 storage in the soil. The new EU Forest Strategy for 2030 sets out a roadmap for the implementation of this objective, based on the general principle of planting and maintaining the right tree in the right place and for the right purpose.
Amendment 452 #
2022/0195(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) To ensure synergies between the different measures that have been, and are to be put in place to protect, conserve and restore nature in the Union, Member States should take into account, when preparing their national restoration plans: the conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC; measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC; marine strategies for achieving good environmental status for all Union marine regions prepared in accordance with Directive 2008/56/EC; national air pollution control programmes prepared under Directive (EU) 2016/2284; national biodiversity strategies and action plans developed in accordance with Article 6 of the Convention on Biological Diversity, as well as conservation measures adopted in accordance with Regulation 1380/2013 and technical measures adopted in accordance with Regulation (EU) 2019/1241 of the European Parliament and of the Council83 The conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC should be reviewed in light of the objectives of this regulation and adjusted if necessary. _________________ 83 Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).
Amendment 462 #
2022/0195(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In order to ensure coherence between the objectives of this Regulation and Directive (EU) 2018/200184 , Regulation (EU) 2018/199985 and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources86 , in particular, during the preparation of national restoration plans, Member States should take account ofintroduce measures which do not hinder the potential for renewable energy projects to make contributions towards meeting nature restoration objectives. _________________ 84 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 85 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1). 86 Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).
Amendment 466 #
2022/0195(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Considering the importance of addressing consistently the dual challenges of biodiversity loss and climate change, the restoration of biodiversity and the guarantee of food security should take into account the deployment of renewable energy and vice versa. The Communication on REPowerEU: Joint European Action for more affordable, secure and sustainable energy87 states that Member States should swiftly map, assess and ensure suitable land and sea areas that are available for renewable energy projects, commensurate with their national energy and climate plans, the contributions towards the revised 2030 renewable energy target and other factors such as the availability of resources, grid infrastructure and the targets of the EU Biodiversity Strategy. The Commission proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency88 and the Commission recommendation on accelerating permitting for renewable energy projects and facilitating Power Purchase Agreements89 , both adopted on 18 May 2022, also provide for the identification of renewables go-to areas. Those are specific locations, whether on land or sea, particularly suitable for the installation of plants for the production of energy from renewable sources, other than biomass combustion plants, where the deployment of a specific type of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. Member States should give priority to artificial and built surfaces, such as rooftops, transport infrastructure areas, parking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture. In the designation of renewables go-to areas, Member States should avoid protected areas and consider their national nature restoration plans. Member States should coordinate the development of national restoration plans with the designation of the renewables go-to areas. During the preparation of the nature restoration plans, Member States should ensure synergies withpriority to the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001, remain unchanged and not be in conflict with a certain form of renewables. _________________ 87 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy (COM/2022/108 final). 88 Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency, COM/2022/222 final. 89 Commission recommendation on speeding up permit-granting procedures for renewable energy projects and facilitating Power Purchase Agreements, C(2022) 3219 final.
Amendment 479 #
2022/0195(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) The European Environment Agency (the ‘EEA’) should support Member States in preparing the national restoration plans, as well as in monitoring progress towards meeting the restoration and development targets and obligations. The Commission should assess whether the national restoration plans are adequate for achieving those targets and obligations. In order to meet these restoration and development targets, monitoring systems and intermediate targets need to be established to check whether the measures are leading to changes that meet the targets.
Amendment 495 #
2022/0195(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The achievement of the objectives and obligations set out in this Regulation requires significant human and financial resources. Resources are needed not only for the designation, assessment and verification of habitat types, but also sufficient financial resources to compensate to the extent necessary the management restrictions or additional expenditure associated with the implementation, in particular on land used for agriculture and forestry. To ensure the achievement of the targets and obligations set out in this Regulation, it is therefore of utmost importance that adequate private and public investments are made in restoration, Member States should integrate expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, in their national budgets and reflect how Union funding is used. Regarding the Union funding, expenditure under the Union budget and Union financing programmes, such as the Programme for the Environment and Climate Action (LIFE)96 , the European Maritime Fisheries and Aquaculture Fund (EMFAF)97 , the European Agricultural Fund for Rural Development (EAFRD)98 , the European Agricultural Guarantee Fund (EAGF), the European Regional Development Fund (ERDF), the Cohesion Fund99 and the Just Transition Fund100 , as well as the Union framework programme for research and innovation, Horizon Europe101 , contributes to biodiversity objectives with the ambition to dedicate 7,5 % in 2024, and 10 % in 2026 and in 2027 of annual spending under the 2021-2027 Multiannual Financial Framework102 to biodiversity objectives. For the farmer, the demand for more extensive farming of agricultural land with higher requirements and standards will lead to lower yields, an increased effort and higher costs. The result is possible competitive disadvantages in a globalised market. At the same time, as part of the Green Deal, the requirements for farmers will continue to rise not only in the area of biodiversity protection, but also in the field of environmental, climate protection and animal welfare. The resources of the Common Agricultural Policy through the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) must therefore be deposited with corresponding additional appropriations. In addition to increased environmental, climate and animal welfare objectives and the increasing need to finance adaptation measures to climate change, the Common Agricultural Policy must continue to ensure the supply of high-quality and healthy food to the population at reasonable prices, to a sufficient extent to ensure income for family farms and to strengthen rural areas. The Recovery and Resilience Facility (RRF)103 is a further source of funding for the protection and restoration of biodiversity and ecosystems. With reference to the LIFE Programme, special attention should be given to the appropriate use of the Strategic Nature Projects (SNaPs) as a specific tool that could support the implementation of this Regulation, by way of mainstreaming available financial resources in an effective and efficient way. _________________ 96 Regulation (EU) 2021/783 of the European Parliament and of the Council of 29 April 2021 establishing a Programme for the Environment and Climate Action (LIFE), and repealing Regulation (EU) No 1293/2013 (OJ L 172, 17.5.2021, p. 53). 97 Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1). 98 Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 (OJ L 437, 28.12.2020, p. 1). 99 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 100 Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231 30.06.2021, p. 1). 101 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013(OJ L 170, 12.5.2021, p. 1). 102 Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I , 22.12.2020, p. 11). 103 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).
Amendment 502 #
2022/0195(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Notwithstanding the current expenditure under the Union budget and Union financing programmes, in view of the revision of the multiannual financial framework and the preparation of a multiannual financial framework for the next programming period, and in view of facilitating the implementation of this Regulation, the Commission should present new budgetary options such as the reallocation of funds and the establishment of a permanent dedicated nature restoration fund.
Amendment 507 #
2022/0195(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) Member States should promote a fair and cross-society approachThe involvement of owners, land users and their representatives, broad public and stakeholder support for the recovery and their taking over of responsibility are necessary conditions for the successful implementation of this Regulation. Member States should promote a fair, open, transparent, inclusive, effective and cross-society approach by involving owners and land users in the preparation and, implementation and revision of their national restoration plans, by including processes for participation of the public and by considering the needs of local communities and stakeholders. Member States should also actively promote awareness of the importance of biodiversity and the restoration of nature, and should address young people through programmes and concrete projects, as well as through education and general information.
Amendment 516 #
2022/0195(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) In line with the commitment in the 8th Environment Action Programme to 2030107 , Member States should phase out environmentally harmful subsidies at national level, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices. _________________ 107 [Reference to be added when the 8th EAP has been published].
Amendment 526 #
2022/0195(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to specify the method for monitoring pollinators, to specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV to this Regulation and the indicators for forest ecosystems listed in Annex VI to this Regulation, to develop a framework for setting the satisfactory levels of pollinators, of indicators for agricultural ecosystems listed in Annex IV to this Regulation and of indicators for forest ecosystems listed in Annex VI to this Regulation, and to specify the methods for monitoring urban green space and of urban tree canopy cover, to set out a uniform format for the national restoration plans, to set out the format, structure and detailed arrangements for reporting data and information electronically to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council108 . _________________ 108 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 530 #
2022/0195(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. In addition, the Commission should assess the need to establish additional restoration targets, based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, taking into account the most recent scientific evidence.
Amendment 537 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of ecosystemsmaintenance, enhancement, restoration and development of ecosystems while guaranteeing food security;
Amendment 558 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration and development measures which together shall cover,maintain, enhance or restore by 2030, at least 20 % of the Union’s land and sea areas in need of restoration and, by 2050, all ecosystems in need of restoration while guaranteeing food security. All measures shall not prevent any sustainable use.
Amendment 615 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) 'development' means to create ecosystems in areas where lost species cannot be brought back due to a change of the environment and climate;
Amendment 623 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘good condition’ means a state where the key characteristics of an ecosystem, namely its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long-term maintenance and productivity;
Amendment 655 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) 'sustainable forest management' means the stewardship and use of forests and forest lands in a way, and at a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality and their potential to fulfil, now and in the future, relevant ecological, economic and social functions, at local, national, and global levels, and that does not cause damage to other ecosystems;
Amendment 656 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 b (new)
Article 3 – paragraph 1 – point 7 b (new)
(7 b) 'sustainable agricultural activity' is an agricultural activity in a Member State of the European Union if it is carried out in accordance with the provisions set out in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 laying down rules on support for strategic plans to be drawn up by Member States under the Common Agricultural Policy and to be financed by the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) (CAP Strategic Plans);
Amendment 657 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 c (new)
Article 3 – paragraph 1 – point 7 c (new)
(7 c) 'production-integrated commitments' are measures to promote biodiversity that are integrated into agricultural or forestry production;
Amendment 671 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘urban green space’ means all green urban areas; broad-leaved forests; coniferous forests; mixed forests; natural grasslands; moors and heathlands; transitional woodland-shrubs and sparsely vegetated areas -; green roofs, green walls and private gardens as found within cities or towns and suburbs calculated on the basis of data provided by the Copernicus Land Monitoring Service as established by Regulation (EU) 2021/696 of the European Parliament and of the Council110 ;and based on existing land-use plans of local authorities or other local instruments of spatial function assignment. _________________ 110 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).
Amendment 682 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
(15a) ‘restoration of the natural connectivity of rivers and natural functions of the related floodplains’ means: (i) the removal or the equipment of artificial structures in order to ensure the sufficient free-flowing character of water, sediment, nutrients, matter and organisms along river systems; (ii) the rehabilitation of hydrological, morphological and biological connectivity between wetlands, floodplains and their river channels; and (iii) the recovery of fluvial processes in general, which are necessary to support a healthy freshwater ecosystem.
Amendment 694 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 b (new)
Article 3 – paragraph 1 – point 15 b (new)
(15 b) ‘wetting’ means any deliberate action aimed at bringing the water level of a drained peat land, i.e. the position relative to the surface, as far as possible, close to the original peat land;
Amendment 710 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall put in place the restoration and development measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I thain the Member State and in the respective biogeographical region listed in Annex I which are not in good condition taking into account the food security. Such measures shall be in place on the area until it is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 650 % by 2040, and on at least 90 % by 2050 respecting production-integrated commitments .
Amendment 718 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Following the availability of a revised Union-wide methodology for the status survey of habitat types and species protected under the Habitats Directive, Member States shall put in place the restoration and development measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050, respecting production-integrated commitments.
Amendment 734 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Once the data on habitat types referred to in Article 19(8) are available, Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types, provided that climatic conditions still allow this. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 650 % of that surface by 2040, and 100 % of that surface by 2050, taking into account all areas and land uses equally for this purpose and respecting production- integrated commitments.
Amendment 755 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved respecting production-integrated commitments.
Amendment 761 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be subject to monitoring and reporting without delay and shall be considered as not being in a good condition if no such monitoring and reporting are in place after three years of this regulation coming into force.
Amendment 780 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The restoration and development measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types and the food security.
Amendment 793 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall entake appropriate and effective measures that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not deteriorate irreversibly by human or non- human actions.
Amendment 801 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deterioratesignificantly deteriorate in relation to the objectives of the Directive 92/43/EEC to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements and food security.
Amendment 805 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deteriorate irreversibly by human or non-human actions.
Amendment 816 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. (7a) where, due to the different requirements of the habitat types listed in paragraphs 1 and 2 of Annex I and of the species referred to in paragraph 3, the obligations referred to in paragraphs 6 and 7 are not complied with, it shall be weighed for the benefit of which habitat types or species restoration measures are taken. Non-compliance with the obligations relating to the other habitat types or species is justified by this.
Amendment 819 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7b. If Member States, due to the regional specificities, cannot meet the obligations referred to in paragraphs 6 and 7 and Article 9(4), exceptions are justified.
Amendment 820 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
Amendment 835 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point a a (new)
Article 4 – paragraph 8 – point a a (new)
(aa) to guarantee food security;
Amendment 846 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) unavoidable habitat transformations or other circumstances, which are directly caused by climate change; or
Amendment 851 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis for which Member States have to provide evidence for these exceptions.
Amendment 872 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point c a (new)
Article 4 – paragraph 8 – point c a (new)
(ca) measures to maintain food security, production of food and renewable resources.
Amendment 895 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 9 – point a a (new)
Article 4 – paragraph 9 – point a a (new)
(aa) to guarantee food security;
Amendment 908 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 9 – point b
Article 4 – paragraph 9 – point b
(b) unavoidable habitat transformations or other circumstances which are directly caused by climate change: or
Amendment 934 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 1007 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types and guarantee food security.
Amendment 1056 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point a a (new)
Article 5 – paragraph 8 – point a a (new)
(aa) to guarantee food security;
Amendment 1069 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point c
Article 5 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis for which Member States are to provide evidence for these exceptions.
Amendment 1108 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 9 – point a a (new)
Article 5 – paragraph 9 – point a a (new)
(aa) to guarantee food security;
Amendment 1166 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that there is no net loss of urban green space, at aggregated national level and of urban tree canopy cover by 2030, compared to 2021, in all cities and in towns and suburbs. Member States shall cooperate with local and regional authorities, as well as managing authorities for achieving this based on existing legal frameworks.
Amendment 1178 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Member States shall ensure that there is an increase in the total national area of urban green space in cities and in towns and suburbs of at least 35 % of the total area of cities and of towns and suburbs in 2021, by 2040, and at least 510 % by 2050. Member States shall cooperate with local and regional authorities, as well as managing authorities. In addition Member States shall ensure:
Amendment 1196 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) a minimum of 120 % urban tree canopy cover in all cities and in towns and suburbs by 2050; and
Amendment 1203 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) a net gain of urban green space that is integrated into existing and new buildings and infrastructure developments, including through renovations and renewals as well as deconstruction and unsealing, in all cities and in towns and suburbs. Member States shall provide the necessary provisions to ensure the long-term permanence of new urban green spaces;
Amendment 1217 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b b (new)
Article 6 – paragraph 2 – point b b (new)
(bb) to reduce light pollution.
Amendment 1256 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall remove the barriers to longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer neededwithout actual or potential use for renewable energy generation, inland navigation, flood protection, water supply or other uses.
Amendment 1267 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall opt to complement the removal of the barriers referred to in paragraph 2 by the measures necessary to improve the natural functions of the related floodplains.
Amendment 1282 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 1291 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The Commission will evaluate the current status of pollinator populations and, based on this, establish scientific indicators and propose measures to achieve positive trends in pollinator populations.
Amendment 1292 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 1298 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1309 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take into account social and economic requirements put in place the restoration and development measures necessary to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration and development measures under Article 4(1), (2) and (3) taking into account climate change, food security and securing socially and economically viable agricultural production.
Amendment 1321 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall achieve through sustainable agricultural activity an increasing trend at national level of each of the following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached:
Amendment 1329 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 1340 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1353 #
2022/0195(COD)
(c) share of agricultural landland in rural areas with high-diversity landscape features, non- productive areas and other land use with high biological diversity.
Amendment 1372 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Member States shall put in place restoration measures to ensure that the common farmland bird index at national level based on the species specified in Annex V, indexed on … [OP please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation] = 1001.01.2020, reaches the following levels:
Amendment 1377 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) 110 by 20305, 120 by 20405 and 130 by 20505, for Member States listed in Annex V with historically more depleted populations of farmland birds;
Amendment 1383 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) 105 by 20305, 110 by 20405 and 115 by 20505, for Member States listed in Annex IV with historically less depleted populations of farmland birds.
Amendment 1390 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 1392 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures. Member States are obliged to develop a strategy for the protection, restoration and sustainable use of peatlands. The strategy should be set up and implemented in cooperation with land managers and landowners. Those measures shall be in place on at least:
Amendment 1418 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) 30 % of such areas by 2030, of which at least a quartersixth shall be rewetted;
Amendment 1433 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) 50 % of such areas by 2040, of which at least halfa quarter shall be rewetted;
Amendment 1461 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 240%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c).
Amendment 1470 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Member States shall take measures to maintain cover-up, deforestation and depletion of extensively managed agricultural land, in particular extensive grassland in border yields and in the mountain area.
Amendment 1481 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall put in place the restoration and development measures necessary to enhance biodiversity and resistance of forest ecosystems, in addition to the areas that are subject to restoration and development measures pursuant to Article 4(1), (2) and (3).
Amendment 1493 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve through sustainable forest management an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three yearssix thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:
Amendment 1497 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every threesix years thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:
Amendment 1505 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) standing deadwooddead wood lying and standing in quantity per hectare;
Amendment 1509 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 1513 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) vertical structure richness (single layer, multi-layered, multi-layered);
Amendment 1525 #
Amendment 1527 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
Amendment 1536 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
Amendment 1545 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) location and climate-related tree species composition as a share of the total forest area;
Amendment 1551 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f b (new)
Article 10 – paragraph 2 – point f b (new)
(fb) regular review of nutrient sustainability in representative areas;
Amendment 1555 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f c (new)
Article 10 – paragraph 2 – point f c (new)
(fc) change in percent of forest stand;
Amendment 1556 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f d (new)
Article 10 – paragraph 2 – point f d (new)
(fd) share of timber construction in the construction volume and share of wood chemically valued in the volume of wood;
Amendment 1557 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f e (new)
Article 10 – paragraph 2 – point f e (new)
(fe) area of forests where effective measures have been taken to increase resilience to climate change;
Amendment 1558 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f f (new)
Article 10 – paragraph 2 – point f f (new)
(ff) ecosystem service water protection;
Amendment 1559 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f g (new)
Article 10 – paragraph 2 – point f g (new)
(fg) ecosystem services health, recreation and education in the forest;
Amendment 1560 #
Amendment 1581 #
2022/0195(COD)
Proposal for a regulation
Article 10 b (new)
Article 10 b (new)
Article 10 b Preservation of the effects of restoration measures 1. Member States shall ensure the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 10a, in accordance with Article 12(2), point (i), through effective means, including, when applicable, by the designation of protected areas, by the implementation of other effective area-based conservation measures, or by promoting private land conservation measures, taking into account the ecological requirements of the restored areas while guaranteeing food security. 2. When restoration measures apply to primary and old-growth forests, Member States shall strictly protect them.
Amendment 1587 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall prepare national restoration pland development plans involving owners, land users and their representatives and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10a and the Union’s overarching objectives as set out in Article 1, taking into account the latest scientific evidence.
Amendment 1611 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
Article 11 – paragraph 2 – point a – point iii
(iii) the favourable reference area taking into account the documented losses over at least the last 70 years and the projected changes to environmental conditions due to climate change;
Amendment 1623 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
Article 11 – paragraph 2 – point a – point iv
(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change and the conflicting preconditions of different habitat types and species;
Amendment 1630 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change and the conflicting preconditions of different habitat types and species.
Amendment 1651 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9) and taking into account the funding provided.
Amendment 1663 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall identify and map the agricultural and forest areas in need of restoration, in particular the areas that, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversityfrastructure measures and settlement activities, are in need of enhanced connectivity and landscape diversity. The type of restoration and development measures recommended in these areas and how restrictions of use and property disadvantages are compensated shall be determined in agreement with the landowner of the area concerned. To this end, the competent authority designated by the Member State shall seek contractual arrangements with landowners or other beneficial owners in order to safeguard the implementation, restriction or omission of the management and use of land under private law.
Amendment 1687 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Member States shall coordinate the development of national restoration plans with the designation of the renewables go- to areas. During the preparation of the nature restoration plans, Member States shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001 remain unchanged. Member States shall ensure that in the permit-granting processes the relevant administrative bodies base their decisions on the principle that the species protection refers to the national population and not to the individual specimens of the species.
Amendment 1697 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. Member States shall ensure that Union environmental law is applied to the deployment of energy from renewable sources, the related transmission and distribution network elements as well as storage facilities on the basis of the principle that the species protection refers to the entire population and not to the individual specimens.
Amendment 1707 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 7 – point c
Article 11 – paragraph 7 – point c
(c) measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC without prejudice to the exemptions set out in articles 4(3), 4(4), 4(5) and 4(7) thereof;
Amendment 1762 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
11. Member States shall ensure that the preparation of the restoration or development plan is open, inclusive and effective and that the public as well as all the stakeholders affected by restoration measures is given early and effective opportunities to participate in its elaboration. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
Amendment 1772 #
Amendment 1774 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 11 b (new)
Article 11 – paragraph 11 b (new)
11b. The paragraphs 1 to 11 also apply when regional and sub-regional restoration or development plans are prepared (cross border management).
Amendment 1779 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Member States shall provide the possibility of adjustment and correction measures of the national restoration and development plan.
Amendment 1780 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1b. Member States shall cooperate bilaterally and within regional and sub- regional cooperation mechanisms to protect biodiverse ecosystems especially if the ecosystems extend beyond the borders. When ecosystems extend the borders of a Member State, national restoration and development plans shall be extended to common regional restoration or devlopment plans.
Amendment 1812 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) the inventory of barriers and the barriers identified for removal in accordance with Article 7(1), the plan for their removal in accordance with Article 7(2) and an estimate of the length of free- flowing rivers to be achieved by the removal of those barriers by 2030 and by 2050, and any other measures to re- establish the natural functions of floodplains in accordance with Article 7(3); without restricting the use of hydroelectric power;
Amendment 1821 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point h
Article 12 – paragraph 2 – point h
(h) the monitoring of the areas subject to restoration or development in accordance with Articles 4 and 5, the process for assessing the effectiveness of the restoration or development measures put in place in accordance with Articles 4 to 10 and for revising those measures where needed to ensure that the targets and obligations set out in Articles 4 to 10 are met or revised;
Amendment 1846 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point l
Article 12 – paragraph 2 – point l
(l) the estimated financing needs for the implementation of the restoration measures, which shall include the description of the support to stakeholders and compensation for property-related disadvantages of the landowners concerned affected by restoration measures or other new obligations arising from this Regulation, and the means of intended financing, public or private, including (co-) financing with Union funding instruments;
Amendment 1859 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point n
Article 12 – paragraph 2 – point n
(n) a summary of the process for preparing and establishing the national restoration plan, including information on public participation and the landowners affected by potential restoration measures and of how the needs of local communities and stakeholders have been considered and how ownership rights have been respected;
Amendment 1872 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point o a (new)
Article 12 – paragraph 2 – point o a (new)
(oa) a dedicated section explaining how to ensure that the implementation of the recovery plans does not lead to a depopulation of agricultural and forestry production in third countries and to ensure self-sufficiency with regional, high-quality food and biogenic raw materials;
Amendment 1896 #
2022/0195(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall submit a draft of the national restoration plan referred to in Articles 11 and 12 to the Commission by… [OP please insert the date = the first day of the month following 2436 months after the date of entry into force of this Regulation].
Amendment 1901 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall assess the draft national restoration plans within sixnine months of the date of receipt. When carrying out that assessment, the Commission shall act in close cooperation with the Member State concerned.
Amendment 1905 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration or development plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features as well as ensuring that the implementation of the recovery plans does not lead to migration of agricultural and forestry production to third countries and that self-supply with regional, high- quality food and biogenic raw materials can be ensured.
Amendment 1913 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1916 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 104% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1926 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission may address observations to Member States within sixnine months of the date of receipt of the draft national restoration plan.
Amendment 1941 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Member States shall finalise, publish and submit to the Commission the national restoration plan within sixnine months from the date of receipt of observations from the Commission.
Amendment 1960 #
2022/0195(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. When it becomes apparent that the measures set out in the national restoration or development plan will not be sufficient to comply with the targets and obligations set out in Articles 4 to 10, based on the monitoring in accordance with Article 17, Member States shall revise the national restoration planor development plan, revise the measures and targets and include supplementary measures.
Amendment 1965 #
2022/0195(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Based on the information referred to in Article 18(1) and (2) and the assessment referred to in Article 18(4) and (5), if the Commission considers that the progress made by a Member State is insufficient to comply with the targets and obligations set out in Articles 4 to 10, the Commission may request the Member State concerned to submit an updated draft national restoration plan with supplementary measures provide additional measures, including a description of the funding required for this purpose . That updated national restoration plan with supplementary measures shall be published and submitted within six months from the date of receipt of the request from the Commission.
Amendment 1981 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that members of the public, in accordance with national law, that have a sufficientlegitimate interest or that maintain the impairment of a right as well as affected landowners and managers, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities, regardless of the role members of the public have played during the process for preparing and establishing the national restoration plan.
Amendment 1988 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient in accordance with the Aarhus convention.
Amendment 2019 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 2030 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point h a (new)
Article 17 – paragraph 1 – point h a (new)
(ha) the progress towards the planting of three billion climate-adapted additional trees referred to in Article 10a.
Amendment 2049 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the coverage of climate-adopted trees, the forest connectivity and the stock of organic carbon, shall be carried out at least every three years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
Amendment 2113 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 2122 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 2130 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 2138 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 2143 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 2156 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
Amendment 2159 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7a. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 concerning the development of a uniform and scientifically sound survey and evaluation methodology to ensure a Union-wide standard for the establishment of a database as referred to in Article 4. Based on this, Union-wide recovery targets will be set.
Amendment 2160 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 7 b (new)
Article 19 – paragraph 7 b (new)
7b. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 to develop a uniform and scientifically based collection and analysis methodology in order to ensure a Union-wide standard for the establishment of a data base as referred to in Article 4. Building on this, Union-wide recovery objectives will be set.
Amendment 2284 #
2022/0195(COD)
Proposal for a regulation
Annex IV – row 4
Annex IV – row 4
Share of agricultural Description: High-diversity landscape features are elements of land with high- permanent natural or semi-natural vegetation present in an diversity landscape agricultural context, which provide ecosystem services and support features for biodiversity. In order to do so, landscape features need to be subject to as little external disturbances as possible to provide safe habitats for various taxa, and therefore need to comply with the following conditions: a) they cannot be under productive agricultural use (including grazing or fodder production),and b) they should not receive fertilizer or pesticide treatment. Land lying fallow can be considered as high diversity landscapemust either be managed in a way that promotes biodiversity or not used for productive agriculture at all. b) they should not receive fertilizer or pesticide treatment, unless they exclusively contain active substances that may be used in accordance with Regulation 5EU) 2018/848. Land lying fallow as well as cultivated land can be considered as high diversity landscape features if it complies with criteria (a) and (b) above. Productive trees part of arable land agroforestry system (b) above. Productive trees and productive elements in non- elements in non- productive hedges can also be considered as high diversity diversity landscape features, if they comply with criterion (b) above, and if harvests take place only at moments where it would not compromise high biodiversity levels.. Unit: Percent (share of Utilised Agricultural Area). Methodology: as developed under indicator I.21, Annex I of Regulation 2021/2115,as based on LUCAS for landscape elements, Ballin M.et al., Redesign sample for Land Use/Cover Area frame Survey (LUCAS), Eurostat2018, and for land laying fallow, Farm Structure, Reference Metadatain Single Integrated Metadata Structure, online publication, Eurostat.
Amendment 308 #
2022/0155(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to achieve the objectives of this Regulation, it should cover providers of services that have the potential to be misused for the purpose of online child sexual abuse. As they are increasingly misused for that purpose, those services should include publicly available interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those service as publicly available. As services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of gaming, image-sharing and video-hosting are equally at risk of misuse, they should also be covered by this Regulation. Online search engines and other artificial intelligence services should also be covered. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate mannerand targeted manner. Considering the fundamental importance of the right to respect for private life and the right to protection of personal data, as guaranteed by the Charter of Fundamental Rights, nothing in this regulation should be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications.
Amendment 333 #
2022/0155(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take effective and reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures2022/2065 may consider to which extent mitigation measures adopted to comply with that obligation. Mitigation measures necessary for the fulfilment of the obligations in this regulation may include the design of online interfaces or parts thereof with the highest level of privacy, safety and security for children by default, the adoapted to comply with that obligation, which may includeation of standards for protection of children, participation in codes of conduct for protecting children, targeted measures to protect the rights of the child, including age verification and-appropriate parental control tools, may also. Enabling flagging and/or notifying mechanisms and self-reporting functionalities, where possible with the use of AI, shall serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.
Amendment 353 #
2022/0155(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficientthe provider refuses to cooperate by putting in place the mitigating measures aimed to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request, as a measure of last resort, the issuance of detection orders. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services. Such detection orders shall be issued with regards to the technical capacity of the provider, and shall in no way be intrepreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications.
Amendment 373 #
2022/0155(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted and specifiedjustified, proportionate and related only to an identifiable part of the specific service, user or group of users, as well as targeted and limited in time so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.
Amendment 383 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use ofIn accordance with Article 6a, nothing in this regulation shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encryptied con technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of childrennt or communications through client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provides third party actors with access to the end-to-end encrypted content and communications. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.
Amendment 389 #
2022/0155(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) End-to-end encryption is an essential tool to guarantee the security, privacy and confidentiality of the communications between users, including those of children. Any weakening of the end-to-end encryption's effect could potentially be abused by malicious third parties. Nothing in this Regulation should therefore be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communications shall be understood the processing of any data, that would compromise or put at risk the integrity and confidentiality of the aforementioned end-to-end encrypted content. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side-channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provide third party actors access to the end-to-end encrypted content and communications.
Amendment 651 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)
Article 3 – paragraph 2 – point b – indent 4 a (new)
- functionalities enabling age- appropriate parental controls, including with the use of AI;
Amendment 653 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 b (new)
Article 3 – paragraph 2 – point b – indent 4 b (new)
- functionalities enabling self- reporting, including with the use of AI;
Amendment 695 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The provider, where applicable, shall assess, in a separate section of its risk assessment, the voluntary use of specific technologies for the processing of personal and other data to the extent strictly necessary to detect, to report and to remove online child sexual abuse material from its services. Such voluntary use of specific technologies shall under no circumstances undermine the integrity and confidentiality of end-to-end encrypted content and communcations.
Amendment 862 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children; or where:
Amendment 864 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point i (new)
Article 6 – paragraph 1 – point b – point i (new)
i) the developer of the software application has decided and informed the software application store that its terms and conditions of use do not permit child users,
Amendment 865 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point ii (new)
Article 6 – paragraph 1 – point b – point ii (new)
ii) the software application has an appropriate age rating model in place, or
Amendment 866 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point iii (new)
Article 6 – paragraph 1 – point b – point iii (new)
iii) the developer of the software application has requested the software application store not to allow child users to download its software applications.
Amendment 875 #
2022/0155(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a End-to-end encrypted services Nothing in this Regulation shall be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communcations shall be understood the processing of any data that would compromise or put at risk the integrity and confidentiality of the content and communications in the end- to-end encryption. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communications services provides third party actors access to the end-to-end encrypted content.
Amendment 1017 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall, in accordance with Article 8 of Regulation (EU) 2022/2065, target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b),2 remain limited to what is strictly necessary, justifiable and proportionate to effectively address the significant risk referred to in point (a) thereof, and limit the detection order to an identifiable part or component of a service, such as a specific channel of communication or a specific group of users identified with particularity for which the significant risk has been identified. In accordance with Article 6a, no such detection order shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications.
Amendment 65 #
2022/0051(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Where the company cannot prevent, mitigate, bring to an end or minimise all the identified actual and potential adverse impacts at the same time to the full extent, it should be allowed to prioritise them based on the severity and likelihood of the adverse impact. In line with the relevant international framework, the severity of an adverse impact should be assessed based on its gravity (scale of the adverse impact), the number of persons or the extent of the environment affected (scope of the adverse impact), its irreversibility, and difficulty to restore the situation prevailing prior to the impact (irremediable character of the adverse impact). In line with international standards, prevention and mitigation as well as bringing to an end and minimisation of adverse impacts should take into account the interests of those adversely impacted. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a last-resort action, used only in cases of severe or repeated infringements of obligations under this Directive, after repeated attempts at measures of risk mitigation have failed and only if it is in the best interest of those impacted (responsible disengagement), also in line with the Union`s policy of zero-tolerance on child labour. Terminating a business relationship in which child labour was found could expose the child to even more severe adverse human rights impacts. This should therefore be taken into account when deciding on the appropriate action to take. Moreover, responsible disengagement should also take into account possible impacts for those depending on the product or affected by disruptions of supply chains.
Amendment 76 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaintsinformation directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaintsinformation should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have substantiated and documented knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complaininformant from having recourse to judicial remedies. In accordance with international standards, complaiinformants should be entitled to request from the company appropriate follow-up on the complaint andnotification. This can include to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaintnotification. This access should not lead to unreasonable solicitations of companies nor to sanctions. Companies may deal with notifications as a group, for example within a sectoral initiative, an industry programme or multi-stakeholder initiatives.
Amendment 124 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 53000 employees on average and had a net worldwide turnover of more than EUR 15900 million in the last financial year for which annual financial statements have been prepared;
Amendment 129 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 168 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) (c)‘adverse human rights impact’ means an adverse impact on protected persons that may impair the full enjoyment of human rights resulting from the violation of one of the prights or prohibitions listed in the Annex, Part I Section 1, as enshrinnciples set out in the OECD Due Diligence Guidance for Responsible Business Conduct and Guidance for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights. (ca)‘adverse impact’ means adverse environmental impact and adverse human rights impact; (cb)‘to cause an adverse impact’ means a company’s own actions or omissions that directly led into the international conventions listed in the Annex, Part I Section 2; adverse impact. (cc)‘to contribute to an adverse impact’ means a company’s own actions in combination with the activities of other entities cause an adverse impact, or if the activities of a company cause, facilitate or incentivise another entity to cause an adverse impact. (cd) being ‘linked to an adverse impact’ means a company’s direct or indirect business relationship caused the adverse impact.
Amendment 184 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, employees within its value chain and other individuals, groups, communities or entities whose rights or interests are or could be directly affected by the potential and actual adverse environmental and human rights impacts connected to the products, services and operations of that company, its subsidiaries and its business relationships;
Amendment 224 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and prioritising the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaintsnotification procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations engage with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
Amendment 229 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. The prevention action plan shall be developed in consultationmeaningful engagement with affected stakeholders where relevant; companies are encouraged to develop their action plans in cooperation with industry initiatives;
Amendment 255 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including, where reasonable and applicable, by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate and commensurate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact, as well as to its resources and leverage;
Amendment 262 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. Where relevant, tThe corrective action plan shall be developed in consultationthrough meaningful engagement with stakeholders;
Amendment 265 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b a (new)
Article 8 – paragraph 3 – point b a (new)
Amendment 290 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintsnotification may be submitted by:
Amendment 330 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and relevant stakeholders, including from third countries, the European Union Agency for Fundamental Rights, the European Environment Agency, the European Agency for Small and Medium Enterprises and where appropriate with international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impashall issue clear and easily understandable guidelines in the form of targeted guidance where applicable to facilitate compliance; a) in digital, free of charge and easily accessible format; b) including for specific sectors or specific adverse impacts; c) including lists of risk areas whether sectoral or geographic; d) including an overview on applicable industry initiatives; e) including practical guidance on how proportionality and prioritisation, in terms of impacts, sectors and geographical areas, may be applied to due diligence obligations depending on the size and sector of the company; f) including taking into account SMEs needs 2. The guidelines shall be made available no later than ... [18 months after the date of entry into force of this Directive]. The Commission shall periodically review the relevance of its guidelines and adapt them to new best practices. 3. Country fact-sheets shall be updated regularly by the Commission and made publicly available in order to provide up-to-date information on the international Conventions and Treaties ratified by each of the Union’s trading partners. The Commission shall collect and publish trade and customs data on origins of raw materials, and intermediate and finished products, and publish information on human rights, environmental and governance potential or actual adverse impacts risks associated with certain countries or regions, sectors and sub-sectors, and products.
Amendment 360 #
Amendment 286 #
2021/0414(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Digital labour platforms differ from other online platforms in that they organise work performed by individuals at the request, one-off or repeated, of the recipient of a service provided by the platform. Organising work performed by individuals should imply at a minimum a significant role in matching the demand for the service with the supply of labour by an individual who has a contractual relationship with the digital labour platform and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means by which service providers can reach the end-user, for instance by advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose primary purpose is to exploit or share assets, such as short-term rental of accommodation. It or to resell goods or services. For example, where providers of a service resell automotive parts, these activities relate to the sale of goods, rather than the provision of personal labour. The definition of digital labour platforms should be limited to providers of a service for which the organisation of work performed by the individual, such as transport of persons or goods or cleaning, constitutes a necessary and essential and not merely a minor and purely ancillary component.
Amendment 469 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive lays down minimum rights that apply to every person performing platform work in the Union who has, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the national law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice.
Amendment 508 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘platform worker’ means any person performing platform work who has an employment contract or employment relationship as defined by the national law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice;
Amendment 529 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The definition of digital labour platforms laid down in paragraph 1, point (1), shall not include providers of a service whose primary purpose is to exploit or share assets or to sell goods or services, or organisations classified as a small or medium sized enterprise according to Commission Recommendation 2003/361/EC. It shall be limited to providers of a service for which the organisation of work performed by the individual constitutes not merely a minor and purely ancillary component. The organisation of work as a digital intermediary must be an essential and predominant part of the company's business model and of a systematic nature. Companies that conclude work or service contracts electronically with external service providers are not included.
Amendment 547 #
2021/0414(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall have appropriate procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to ascertaining the existence of an employment relationship as defined by the law, case law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice, and ensuring that they enjoy the rights deriving from Union law applicable to workers.
Amendment 568 #
2021/0414(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 581 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The contractual relationship between a digital labour platform that controls, within the meanMember States shall establish a framework of measures, in accordance with their national legal, case law and judicial systems ing of paragraph 2, the performance of work and arder to be able to determine the employment status of persons performing platform work through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems. Member States shall ensure that people doing platform work can have their employment status checked in a low- threshold and easily accessible manner via an official national body.
Amendment 586 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Amendment 603 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Controlling the performance of workIn particular, the instruction- bound provision of the service speaks in favour of classification as a platform employee. This is assessed within the meaning of paragraph 1 shall be understood as fulfilling at least two of the followingexisting national legislation. The competent national bodies that check or enforce compliance with the relevant legal provisions may, insofar as this is compatible with applicable national law and national legal practice, take the following additional points into account in the classification:
Amendment 605 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least two majority of the following, without prejudice to collective agreements between digital labour platforms and persons performing platform work:
Amendment 616 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) effectivelyDe facto determining, or setting upper limits for thethe total level of remuneration, beyond what is required by law;
Amendment 627 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) requiring the person performing platform work to respect specificextensive binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;, beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functioning of the service.
Amendment 630 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the workservice;
Amendment 640 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) supervising the performance of work or verifying the quality of the results of the work including by eleincluding by electronic means beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functrionic means;ng of the service.
Amendment 641 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) supervising the performance of workthe service or verifying the quality of the results of the work including by electronic means;
Amendment 649 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) effectivelyDe facto restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;
Amendment 657 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) effectivelyde facto restricting the possibility to build a client base or to perform work for any third party.
Amendment 668 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Member States shall take supporting measures to ensure the effective implementation of the legal presumptionmeasures referred to in paragraph 1 part 2 and paragraph 2 while taking into account the impact on start-ups, avoiding capturing the genuine self-employed and supporting the sustainable growth of digital labour platforms. In particular they shall:
Amendment 677 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) ensure that information on the application of the legal presumptionf the measures is made publicly available in a clear, comprehensive and easily accessible way;
Amendment 681 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) develop guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5measures;
Amendment 705 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, while ensuring that such controls and inspections are proportionate and non-discriminatory.
Amendment 721 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. With regard to contractual relationships entered into before and still ongoing on the date set out in Article 21(1), the legal presumptionmeasures referred to in paragraph 1 shall only apply to the period starting from that date.
Amendment 730 #
2021/0414(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 737 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure the possibility for any of the parties to rebut the legclarify the contractual presumption referred to in Article 4lationship in legal or administrative proceedings or both.
Amendment 739 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 745 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case- law of the Court of Justice, the burden of proof shall be on the digital labour platform. Such proceedings shall not have suspensive effect on the application of the legal presumption.
Amendment 751 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 770 #
2021/0414(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Improvement of working conditions for genuine self-employed persons performing platform work Ensuring correct determination of the employment status shall not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides, in agreement with the persons concerned, to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such shall not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 973 #
2021/0414(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 983 #
2021/0414(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take the necessary measures to ensure that digital labour platforms crefacilitate the possibility for persons performing platform work to contact and communicate with each other, and to be contacted by representatives of persons performing platform work, through the digital labour platforms’ digital infrastructure or similarly effective means, while complying with the obligations under Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing or monitoring those contacts and communications.
Amendment 104 #
2021/0385(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 600/2014 as regards enhancing market data transparency, removing obstacles to the emergence of a consolidated tape, optimising the trading obligations and prohibiting receivrules governing payments for forwarding client orders (Text with EEA relevance)
Amendment 174 #
2021/0385(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Financial intermediaries should strive to achieve the best possible price and the highest possible likelihoodquality of execution for trades that they execute on behalf of their clients. To that end, financial intermediaries should select the trading venue or counterparty for executing their client trades solely on the basis of achieving best execution for their clients. It should be incompatible with that principle of best execution that a fFinancial intermediaryies receivesing a payment from a trading counterpart in exchange for ensuring the execution of client trades. Investment firms should be therefore be prohibited from receiving such paymentadhere to strict governance and transparency rules.
Amendment 450 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 26
Article 1 – paragraph 26
Regulation (EU) No 600/2014
Article 39 a (new) – title
Article 39 a (new) – title
Article 39a Ban on payment forRules on execution and forwarding of retail client orders for execution
Amendment 456 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 26
Article 1 – paragraph 26
Regulation (EU) No 600/2014
Article 39a
Article 39a
(1) Investment firms acting on behalf of clients shall not receive any fee or commission or non-monetary benefits from any third party for forwarding client orders to such third party for their execution.; , unless the investment firm complies with all of the following conditions: i) the investment firm obtains the client’s explicit consent to the arrangement; ii) the investment firm complies with the obligation to execute orders on terms most favourable to the client as provided for in Article 27 of Directive 2014/65/EU at all times; iii) the client is informed about the applicable costs and charges in line with Article 24(4) of Directive2014/65/EU and Article 50 of Commission Delegated Regulation (EU) 2017/565; iv) the fee, commission or non-monetary benefit meets the quality enhancement test as provided for in Article 11 of Commission Delegated Directive (EU) 2017/593; (2) An investment firm that routes client orders to a particular execution venue as defined in Article 64(1) of Commission Delegated Regulation (EU) 2017/565 in exchange of a payment from such a venue shall make available to the public on a annual basis, and within one month after the end of the year in consideration, a report that discloses at least: (i) for each of the top five execution venues the net aggregate amount of any payment for order flow received from that execution venue during the year in consideration, and the number and value of orders routed to such execution venue in exchange for this payment ; (ii) a disclosure of the material aspects of the firm's relationship with each of the top five execution venues , including a description of any arrangement for payment for order flow and a description of any terms of such arrangements that may influence a firm’s order routing decision. (3) ESMA shall develop draft regulatory technical standards to determine the content and the format of information to be published in accordance with paragraph 2 by investment firms that receive payments for order flow. ESMA shall submit those draft regulatory technical standards to the Commission by [9 months after entry into force of the Amending Regulation]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010. (4) Every year, ESMA shall publish a report analysing the content of the reports published in accordance with paragraph 2 by investment firms that receive payments for order flow. That report shall provide a detailed account of the development of the reception of payments for order flows by investment firms in the EU, and analyse whether the receipt of payment for order flow is incompatible with the requirement to execute orders from retail clients on terms most favourable to them.
Amendment 300 #
2021/0250(COD)
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) While certain goods registered under national law could be attractive commodities for criminals to launder the proceeds of their illicit activities, money- laundering prevention also needs to adhere to the principle of proportionality. Setting up a central registry to collect ownership information in relation to high-value goods, would constitute a disproportionate intrusion into the privacy of large parts of the population. Therefore, this is an avenue that should not be pursued.
Amendment 348 #
2021/0240(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The choice of the location of the seat of the Authority shall comply with the following conditions: (a) it shall not affect the Authority’s execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; (b) it shall ensure that the Authority is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; (e) it shall enable close cooperation with EU institutions and agencies with relevant experience in the field of risk assessment and supervision; (f) it shall ensure sustainability and digital connectivity with regard to infrastructure and working conditions.
Amendment 124 #
2021/0201(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to contribute to the increased ambition to reduce greenhouse gas net emissions from at least 40 % to at least 55 % below 1990 levels, binding annual targets for net greenhouse gas removals should be set out for each Member State in the land use, land use change and forestry sector in the period from 2026 to 2030 (in analogy to the annual emission allocations set out in Regulation (EU) 2018/842 of the European Parliament and of the Council32 ), resulting in a target of 310259 millions of tonnes CO2 equivalent of net removals for the Union as a whole in 2030 and should take into account the most recent developments. The target for 2030 should promote and strengthen sustainable forest management which allows for the adaptation of forests to climate change in the long term, promotion of high substitution effects through the bio economy, an increase in sinks and the creation of carbon storage products including all relevant bio-based product categories that have a carbon sequestration effect. The methodology used to establish the national targets for 2030 should take into account the average greenhouse gas emissions and removals from the years 2016, 2017 and 2018, reported by each Member State, and reflect the current mitigation performance of the land use, land use change and forestry sector, and each Member State’s share of the managed land area in the Union, taking into account the capacity of that Member State to improve its performance in the sector via land management practices or changes in land use that benefit the climate and biodiversity. __________________ 32Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
Amendment 397 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2. The 2030 Union target for net greenhouse gas removals is 310259 million tonnes CO2 equivalent as a sum of the Member States targets established in accordance with paragraph 3 of this Article, and shall be based on the average of its greenhouse gas inventory data for the years 2016, 2017 and 2018.
Amendment 428 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. The Commission shall adopt implementing acts setting out the annual targets based on the linear trajectory for net greenhouse gas removals for each Member State, for each year in the period from 2026 to 2029 in terms of tonnes CO2 equivalent. These national trajectories shall be based on the average greenhouse gas inventory data for the years 2021, 2022 and 2023, reported by each Member State. The value of the 310259 million tonnes CO2 equivalent net removals as a sum of the targets for Member States set out in Annex IIa may be subject to a technical correction due to a change of methodology by Member States. The method for determination of the technical correction to be added to the targets of the Member States, shall be set out in these implementing acts. For the purpose of those implementing acts, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by Member States pursuant to Article 26(4) of Regulation (EU) 2018/1999.
Amendment 594 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – point c
Article 13 b – paragraph 3 – subparagraph 1 – point c
(c) the difference in the Union between the annual sum of all greenhouse gas emissions and removals on its territory and in all of the land reporting categories referred to in Article 2(2), points (a) to (j), and the Union target [of 310259 million tonnes CO2 equivalent of net removals] is negative, in the period from 2026 to 2030.
Amendment 433 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 3
Article 19b – paragraph 3
Amendment 435 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 3
Article 19b – paragraph 3
(b) the information that financial market participants need to comply with their disclosure obligations laid down in Regulation (EU) 2019/2088 and the delegated acts adopted pursuant to that Regulation, matching the reporting capabilities of the reporting entities;
Amendment 436 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 3
Article 19b – paragraph 3
(c) the criteria set out in the delegated acts adopted pursuant to Regulation (EU) 2020/852*7whose feasibility in practice and by means of concrete templates and examples are ensured by the Commission;
Amendment 438 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 3
Article 19b – paragraph 3
(h a) (i) administrative burden and costs of the undertakings under the scope of this Regulation; In all the delegated acts listed in the Article, the Commission and its advisory bodies will ensure a coordinated and staggered approach to implementation to ensure high reporting/data quality, reliability and implementability.
Amendment 576 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2013/34/EU
Article 51 – paragraph 2
Article 51 – paragraph 2
(b) an order requiring the natural person or the legal entity responsible to cease the conduct constituting the infringement and to desist from any repetition of that conduct;
Amendment 580 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2013/34/EU
Article 51 – paragraph 3
Article 51 – paragraph 3
(b) the degree of responsibility of the natural person or legal entity responsible;
Amendment 581 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive
Article
Article
(c) the financial strength of the natural person or legal entity responsible;
Amendment 582 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive
Article
Article
(d) the importance of profits gained or losses avoided by the natural person or legal entity responsible, in so far as such profits or losses can be determined;
Amendment 584 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive
Article
Article
(f) the level of cooperation of the natural person or legal entity responsible with the competent authority;
Amendment 585 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive
Article
Article
(g) previous infringements by the natural person or legal entity responsible.’.
Amendment 590 #
2021/0104(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2004/109/EC
Article 28d
Article 28d
Amendment 594 #
2021/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point d
Article 3 – paragraph 1 – point 4 – point d
Directive 2013/34/EU
Article 8(1)
Article 8(1)
Amendment 602 #
2021/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 14 – point e
Article 3 – paragraph 1 – point 14 – point e
Directive
Article
Article
The audit report shall be signed and dated by the statutory auditor. Where an audit firm carries out the statutory audit and, where applicable, the assurance of sustainability reporting, the audit report shall bear the signature of at least the statutory auditor(s) carrying out the statutory audit and the assurance of sustainability reporting on behalf of the audit firm. Where more than one statutory auditor or audit firm have been simultaneously engaged, the audit report shall be signed by all statutory auditors or at least by the statutory auditors carrying out the statutory audit and the assurance of sustainability reporting on behalf of every audit firm. In exceptional circumstances Member States may provide that such signature(s) need not be disclosed to the public if such disclosure could lead to an imminent and significant threat to the personal security of any person.;
Amendment 607 #
2021/0104(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 3 of this Directive by 1 December 2022one and a half year after the directive has entered into force. They shall immediately inform the Commission thereof.
Amendment 609 #
2021/0104(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall provide that the provisions referred to in the first subparagraph shall apply for financial years starting on or after 1 January 2023not earlier than two full financial years during which the undertakings have had the opportunity to adapt to the provisions and reporting standards set out in this Directive and the accompanying, adopted and published delegated acts.
Amendment 614 #
2021/0104(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Article 4 of this Directive shall apply to financial years starting on or after 1 January 2023not earlier than one full financial years during which the undertakings have had the opportunity to adapt to the provisions and reporting standards set out in this Directive and the accompanying, adopted and published delegated acts..
Amendment 616 #
2021/0104(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Amendment 171 #
2021/0050(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Article 23 of the Charter of Fundamental Rights of the European Union provides that equality between women and men must be ensured in all areas, including employment, work and pay, where Article 51 of the Charter emphasises the due regard for the principle of subsidiarity.
Amendment 203 #
2021/0050(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The gender pay gap is caused by various factors, part of which can be attributed to direct and indirect gender pay discrimination. A general lack of transparency about pay levels within organisations maintains a situation where gender-based pay discrimination and bias can go undetected or, where suspected, are difficult to prove. Binding mMeasures are therefore needed to improve pay transparency, encourage organisations to review their pay structures to ensure equal pay for women and men doing the same work or work of equal value, and enable victims of discrimination to enforce their right to equal pay. This needs to be complemented by provisions clarifying existing legal concepts (such as the concept of ‘pay’ and ‘work of equal value’) and measures improving enforcement mechanisms and access to justice, while fully respecting the different labour market models in the Member States.
Amendment 223 #
2021/0050(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive should apply to all workers, including part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State, taking into account the case-law of the Court of Justice of the European Union (‘the Court’). In its case law, the Court established criteria for determining the status of a worker47 . Provided that they fulfil those criteria, domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices should fall within the scope of this Directive. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties’ description of the relationship. _________________ 47 Case C-66/85, Deborah Lawrie-Blum v Land Baden-Württemberg, ECLI:EU:C:1986:284; Case C-428/09, Union Syndicale Solidaires Isère v Premier ministre and Others, ECLI:EU:C:2010:612; Case C-229/14, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, ECLI:EU:C:2015:455; Case C-413/13, FNV Kunsten Informatie en Media v Staat der Nederlanden, ECLI:EU:C:2014:2411; Case C-216/15, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, ECLI:EU:C:2016:883; Case C- 658/18, UX v Governo della Repubblica italiana, ECLI:EU:C:2020:572.
Amendment 227 #
2021/0050(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 230 #
2021/0050(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to remove obstacles for victims of gender pay discrimination to enforce their right to equal pay and guide employers in ensuring respect of this right, the core concepts related to equal pay, such as ‘pay’ and ‘work of equal value’, should be clarified in line with the case law of the Court. This should facilitate the application of these concepts, especially for small and medium-sizedmid-cap enterprises.
Amendment 233 #
2021/0050(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The principle of equal pay for equal work or work of equal value for women and men should be respected with regard to wage or salary and any other consideration, whether in cash or in kind, which the workers receive directly or indirectly, in respect of their employment from their employer. In line with the case-law of the Court48 , the concept of ‘pay’ should comprise not only salary, but also additional benefits such as bonuses, overtime compensation, travel facilities (including cars provided by the employer and travel cards), housing allowances, compensation for attending training, payments in case of dismissal, statutory sick pay, statutory required compensation and occupational pensions. It should include all elements of remuneration due by law or collective agreement. _________________ 48 For example, Case C-58/81, Commission of the European Communities v Grand Duchy of Luxembourg, ECLI:EU:C:1982:215; Case C-171/88 Rinner-Kulhn v FWW Spezial- Gebaudereinigung GmbH, ECLI:EU:C:1989:328; Case C-147/02 Alabaster v Woolwhich plc and Secretary of State for Social Security, ECLI:EU:C:2004:192; Case C-342/93 - Gillespie and Others ECLI:EU:C:1996:46; Case C-278/93 Freers and Speckmann v Deutsche Bundepost, ECLI:EU:C:1996:83; Case C-12/81, Eileen Garland v British Rail Engineering Limited, ECLI:EU:C:1982:44; Case C-360/90, Arbeiterwohlfahrt der Stadt Berlin e.V. v Monika Bötel, ECLI:EU:C:1992:246; Case C-33/89, Maria Kowalska v Freie und Hansestadt Hamburg, ECLI: EU:C:1990:265.
Amendment 247 #
2021/0050(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to respect the right to equal pay between men and women, employers must have pay setting mechanisms or pay structures in place ensuring that there are no pay differences between male and female workers doing the same work or work of equal value that are not justified by objective and gender-neutral factors. Such pay structures should allow for the comparison of the value of different jobs within the same organisational structure. In line with the case law of the Court, the value of work should be assessed and compared based on objective criteria, such as educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved.49 _________________ 49 For example, Case C-400/93, Royal Copenhagen, ECLI:EU:C:1995:155; Case C-309/97, Angestelltenbetriebsrat der Wiener Gebietskrankenkasse, ECLI:EU:C:1999:241; Case C-381/99, Brunnhofer, ECLI:EU:C:2001:358; Case C-427/11, Margaret Kenny and Others v Minister for Justice, Equality and Law Reform and Others [2013] ECLI:EU:C:2013:122, paragraph 28.
Amendment 256 #
2021/0050(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 266 #
2021/0050(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 276 #
2021/0050(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Member States should develop specific tools and methodologies to support and guide the assessment of what constitutes work of equal value. This should facilitate the application of this concept, especially for small and medium- sized enterprises.
Amendment 299 #
2021/0050(COD)
Amendment 308 #
2021/0050(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Pay transparency measures should protect workers’ right to equal pay while limiting as much as possible costs and burden for employers, paying specific attention to micro and small enterprises. Where appropriate, measures should be tailored to the size of employers taking into account employers’ headcount.
Amendment 315 #
2021/0050(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Employers should make accessible to workers a description of the criteria used to determine pay levels and career progression. The employer should have flexibility in the way it complies with this obligation taking into account the size of the organisation.
Amendment 328 #
2021/0050(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Employers with at least 2500 workers should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker-related matters in their management report. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
Amendment 329 #
2021/0050(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Employers with at least 250 0 workers should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker-related matters in their management report. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
Amendment 344 #
2021/0050(COD)
Proposal for a directive
Recital 27
Recital 27
(27) To reduce the burden on employers, Member States could decide to gather and interlink the necessary data through their national administrations allowing for a computation of the pay gap between female and male workers per employer. Such data gathering may require interlinking data from several public administrations (such as tax inspectorates and social security offices) and would be possible if administrative data matching employers’ (company/organisational level) to workers’ (individual level) data, including benefits in cash and in-kind, are available. Member States could decide to gather this information not only for those employers covered by the pay reporting obligation under this Directive, but also with regard to small and medium-sized enterprises. The publication of the required information by Member States should replace the obligation of pay reporting on those employers covered by the administrative data provided that the result intended by the reporting obligation is achieved.
Amendment 363 #
2021/0050(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in organisations with at least 2500 workers that show pay inequalities. The joint pay assessment should be carried out by employers in cooperation with workers’ representatives; if workers’ representatives are absent, they should be designated for this purpose. Joint pay assessments should lead to the elimination of gender discrimination in pay.
Amendment 364 #
2021/0050(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in organisations with at least 2500 workers that show pay inequalities. The joint pay assessment should be carried out by employers in cooperation with workers’ representatives; if workers’ representatives are absent, they should be designated for this purpose. Joint pay assessments should lead to the elimination of gender discrimination in pay.
Amendment 405 #
2021/0050(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Following the case law of the Court55 , Directive 2006/54/EC established provisions to ensure that the burden of proof shifts to the defendant when there is a prima facie case of discrimination. Member States should not be prevented from introducing, at any appropriate stage of the proceedings, rules of evidence which are more favourable to workers making a claim. In any legal or administrative proceedings concerning direct or indirect discrimination, in case the employer did not comply with the pay transparency obligations set out by the Directive, the burden of proof should be automatically shifted to the defendant, irrespective of the worker showing a prima facie case of pay discrimination. _________________ 55 Case C-109/88, Handels- og Kontorfunktionærernes Forbund I Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss, ECLI:EU:C:1989:383.
Amendment 406 #
2021/0050(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 410 #
2021/0050(COD)
Proposal for a directive
Recital 40
Recital 40
(40) In accordance with the case-law of the Court, nNational rules on time limits for the enforcement of rights under this Directive should be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of those rights. Limitation periods create specific obstacles for victims of gender pay discrimination. For that purpose, common minimum standards should be established. Those standards should determine when the limitation period begins to run, the duration thereof and the circumstances under which it is interrupted or suspended and provide that the limitation period for bringing claims is at least three years.
Amendment 419 #
2021/0050(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Litigation costs create a serious disincentive for victims of gender pay discrimination to claim their right to equal pay, leading to insufficient protection and enforcement of the right to equal pay. In order to remove this strong procedural obstacle to justice, successful claimants should be allowed to recover their procedural costs from the defendant. On the other hand, claimants should not be liable for successful defendant’s proceedings costs unless the claim was brought in bad faith, was clearly frivolous or if the non-recovery by the defendant would be considered unreasonable by the courts or other competent authorities under the specific circumstances of the case, for instance having regard to the financial situation of micro-enterprises.
Amendment 424 #
2021/0050(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Litigation costs create a serious disincentive for victims of gender pay discrimination to claim their right to equal pay, leading to insufficient protection and enforcement of the right to equal pay. In order to remove this strong procedural obstacle to justice, successful claimants should be allowed to recover their procedural costs from the defendant. On the other hand, claimants should not be liable for successful defendant’s proceedings costs unless the claim was brought in bad faith, was clearly frivolous or if the non-recovery by the defendant would be considered unreasonable by the courts or other competent authorities under the specific circumstances of the case, for instance having regard to the financial situation of micro-enterprises.
Amendment 437 #
2021/0050(COD)
Proposal for a directive
Recital 47
Recital 47
(47) This Directive lays down minimum requirementsa framework, thus respecting the Member States’ prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union or national law in this field, nor can it constitute valid grounds for reducing the rights of workers in regard to equal pay between men and women for the same work or work of equal value.
Amendment 447 #
2021/0050(COD)
Proposal for a directive
Recital 50
Recital 50
(50) This Directive aims at a better and more effective implementation of the principle of equal pay for equal work or work to which equal value is attributed between men and women through the establishment of common minimum requirementsa framework which should apply to all undertakings and organisations across the European Union. Since this objective cannot be sufficiently achieved by the Member States and should therefore be achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive, which limits itself to setting minimum standards, does not go beyond what is necessary in order to achieve that objective.
Amendment 452 #
2021/0050(COD)
Proposal for a directive
Recital 52
Recital 52
(52) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefore invited to assess the impact of their transposition act, on small and medium-sized enterprisesmid-cap companies, excluding micro, small and medium-sized enterprises (SMEs) from any legislation concerning gender pay transparency or minimum wages, in order to ensure that they are not disproportionately affected. Moreover, giving specific attention to micro- enterprises, to alleviate the administrative burden, and to publis and SMEs, and due to the increasing administrative burden through current legislation, a thorough analysis must be published with the results of suchan assessments how micro-enterprises and SMEs can be sustainably relieved of 30% of their administrative workload.
Amendment 464 #
2021/0050(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down minimum requirementsa framework to strengthen the application of the principle of equal pay between men and women for equal work or work of equal value enshrined in Article 157 TFEU and the prohibition of discrimination laid down in Article 4 of Directive 2006/54/EC, in particular through pay transparency and reinforced enforcement mechanisms.
Amendment 480 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive applies to all workers who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State with consideration to the case-law of the Court of Justice.
Amendment 481 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive applies to all workers who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State with consideration to the case-law of the Court of Justice.
Amendment 482 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Member States with labour market models where autonomous labour market parties are responsible for wage formation shall have the option not to apply this Directive, either totally or in part, provided that there is, in the view of the Member State, sufficient support for this among representative social partners at national level.
Amendment 487 #
2021/0050(COD)
Amendment 492 #
2021/0050(COD)
Amendment 493 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 496 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 504 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘category of workers’ means workers performing the same work or work of equal value grouped by the workers’ employer based on criteria as laid down in Article 4 of this Directive and specified bygrouped by their respective employers in accordance with national law, collective bargaining agreements, and other relevant practices in the Memployer concerned;ber State.
Amendment 527 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 539 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value performed for the same employer.
Amendment 542 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value.
Amendment 553 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring that tools or methodologies are establishedguidance to assess and compare the value of work in line with the criteria set out in this Article. These tools or methodologiesis guidance may include gender-neutral job evaluation and classification systems.
Amendment 566 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologiesAn overall assessment according to this guidance shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria which shallmay include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved and similar criteria defined in national law and collective bargaining agreements. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
Amendment 570 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologies shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria regarding the requirements of the work which shall include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved and work undertaken. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
Amendment 571 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 572 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 593 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 594 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 599 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range, based on objective, gender-neutral criteria, to be attributed for the position concerned. Such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having toprovided upon request it.
Amendment 605 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 606 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 617 #
2021/0050(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for worker, whereby Member States shall give specific attention to micro-enterprises and SMEs. These criteria shall be gender-neutral.
Amendment 621 #
2021/0050(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral and in accordance with national law and practices.
Amendment 632 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers in companies with more than 200 employees shall have the right to receive information on their individual pay level and the average pay levels, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 4. In the case of companies that are bound by and/or apply collective bargaining agreements, a reference to the applicable collective bargaining agreement shall suffice as information.
Amendment 640 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers shall have the right to receive information on their individual pay level and the average pay levels, broken down by sexpay differences and differences in median pay, broken down by sex in the pay statistics, for categories of workers doing the same work as them or work of equal value to theirs for the same employer, in accordance with paragraphs 3 and 4.
Amendment 646 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Employers shall inform all workers, on an annual basiswithin a reasonable time frame, of their right to receive the information referred to in paragraph 1.
Amendment 661 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Workers shall have the possibility to request the information referred to in paragraph 1 through their representatives or an equality body.
Amendment 674 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Employers with at least 250 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:Member States shall, with regard to their respective labour market models and traditions, take appropriate measures to ensure that employers with at least 500 workers map the pay gap between men and women in the different categories of workers.
Amendment 676 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Employers with at least 2500 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:
Amendment 689 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 696 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
Amendment 701 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 708 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
Amendment 712 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
Amendment 714 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
Amendment 717 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
Amendment 721 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) the pay gap between female and male workers by categories of workers broken down by ordinary basic salary and complementary or variable components. In the case of companies that are bound by and/or apply collective bargaining agreements, reference to the relevant collective bargaining agreement shall suffice.
Amendment 735 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 739 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 747 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basievery three years, collectively bargained companies every five years in a user-friendly way on its website or shall otherwise make it publicly available. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6.
Amendment 752 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 760 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 762 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The employer shall provide the information referred to in paragraph 1, point (g) to all workers and, their trade union representatives, as well as to the monitoring body referred to in paragraph 6. It shall provide it to the labour inspectorate and the equality body upon their request. T or the trade union with which the employer has struck a collective bargaining agreement. The employer shall, upon request, provide the information fromto the previous four years,monitoring body appointed ifn available, shall also be provided upon requestccordance with article 26 of this directive.
Amendment 772 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 773 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 781 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Workers and their representatives, labour inspectThose entitled to informates and equality bodiesion from the employer pursuant to article 2 shall have the right to ask the employer for additional clarifications and details regarding any of the data provided, including explanations concerning any gender pay differences. The employer shall respond to such request within a reasonable time by providing a substantiated reply. Where gender pay differences are not justified by objective and gender-neutral factors, the employer shall remedy the situation in close cooperation with the workers’ representatives, the labour inspectorate and/or the equality bodytake appropriate measures.
Amendment 785 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Workers and their representatives, labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided, including explanations concerning any gender pay differences. The employer shall respond to such request within a reasonable time by providing a substantiated reply. Where gender pay differences are not justified by objective and gender-neutral factors, the employer shall remedy the situation in close cooperation with the. Member States may foresee that workers’ representatives, the labour inspectorate and/or the equality body may be involved in this procedure.
Amendment 787 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Workers and their representatives, and labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided, including explanations concerning any gender pay differences. The employer shall respond to such request within a reasonable time by providing a substantiated reply. Where gender pay differences are not justified by objective and gender-neutral factors, the employer shall remedy the situation in close cooperation with the workers’ representatives, the labour inspectorate and/or the equality body.
Amendment 794 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 801 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that employers with at least 2500 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met:
Amendment 822 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. A presumption of appropriateness applies to companies that are bound by or apply collective bargaining agreements.
Amendment 823 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 841 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 847 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 851 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workers which cannot be justified by objective and gender-neutral criteria, the employer shall remedy the situation, in close cooperation with the workers’ representatives, labour inspectorate, and/or equality body within a reasonable time frame. Such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded.
Amendment 853 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workers which cannot be justified by objective and gender-neutral criteria, the employer shall remedy the situation, in close cooperation with the workers’ representatives, labour inspectorate, and/or equality body. Such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded.
Amendment 885 #
2021/0050(COD)
Proposal for a directive
Article 13
Article 13
Amendment 902 #
2021/0050(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The compensation or reparation referred to in paragraph 1 shall ensure real and effective compensation for the loss and damage sustained, in a way which is dissuasive and proportionate to the damage suffered.
Amendment 912 #
2021/0050(COD)
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 915 #
2021/0050(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 918 #
2021/0050(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 921 #
2021/0050(COD)
2. Member States shall ensure that, in any legal or administrative proceedings concerning direct or indirect discrimination, where an employer failed to comply with any of the rights or obligations related to pay transparency set out in Articles 5 through 9 of this Directive, it shall be for the employere to prove that there has been no such discrimination.
Amendment 922 #
2021/0050(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 923 #
2021/0050(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 926 #
2021/0050(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 935 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 936 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 939 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 947 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at threone years at leamost.
Amendment 948 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 949 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall ensure that a limitation period is suspended or, depending on national law, interrupted, as soon as a claimant undertakes action by lodging a claim or bringing the claim to the attention of the employer, workers’ representatives, labour inspectorate or equality body.
Amendment 952 #
2021/0050(COD)
Proposal for a directive
Article 19
Article 19
Amendment 953 #
2021/0050(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 967 #
2021/0050(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, and proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and of any subsequent amendment affecting them.
Amendment 975 #
2021/0050(COD)
Proposal for a directive
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the same work or work of equal value. They shall set a minimum level for such fines ensuring real deterrent effect. The level of the fines shallmay take into account:
Amendment 1025 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
Amendment 1031 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point c
Article 26 – paragraph 3 – point c
Amendment 1057 #
2021/0050(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
This Directive shall not affect in any way the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law or practice. Collectively agreed pay regulations shall be subject to the presumption that discrimination on the basis of gender is excluded. Activities which are assigned to different remuneration groups on the basis of collective bargaining agreements shall not be regarded as equal or equivalent.
Amendment 1084 #
2021/0050(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. When informing the Commission, Member States shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on small and medium- sizedmid-cap enterprises and a reference to where such assessment is published.
Amendment 147 #
2020/2273(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the new EU Biodiversity Strategy for 2030 and its level of ambition ; recalls that there should be a coherent approach with the Farm to Fork strategy and the new EU Forest strategy;
Amendment 153 #
2020/2273(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission before proposing any targets to conduct a comprehensive evidence-based impact assessment of all strategies combining the individual and cumulative impacts on the social and economic sustainability of agriculture in the EU, generational renewal, food security and prices, and the potential risks of displacing biodiversity losses abroad by the replacement of local agricultural production with imports;
Amendment 239 #
2020/2273(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses strong support for theTakes note of the proposed targets of protecting at least 30 % of the Union’s marine and terrestrial areas, and of strictly protecting at least 10 % of these areas, including primary and old-growth forests; stresses that these should be binding and implemented by Member States in accordance with science-based criteria andhighlights that sustainable agriculture and forestry practices do not contradict the objectives of strict protection, : stresses that before any targets are proposed, an impact assessment should be conducted, the targets should be science based and also take into account aspects like food security, generational renewal and access to land for young farmers as well as the benefits of sustainable management for biodiversity and carbon sequestration; underlines that the 10% should not mean non-intervention management as this is contradictory to biodiversity needs; underlines that in addition to increasing protected areas, the quality of protected areas should be ensured and clear conservation plans implemented;
Amendment 439 #
2020/2273(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that soil biodiversity is the basis for key ecological processes; notes with concern the increased soil degradation and the lack of specific EU legislation; calls on the Commission to submit a legislative proposal for the establishment of a common frameworkprepare guidelines for Member States for the protection and sustainable use of soil that includes a specific decontamination target; recalls that soil is a national competence and falls under subsidiarity;
Amendment 510 #
2020/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its support for the 2030 targets of bringing at least 25 % ofintroducing a market-oriented target corridor for agricultural land under organic farm management, which should become the norm in the long term after a comprehensive impact assessment, and ensuring that at least 10 % of agricultural land consists of high-diversity landscape features, which should be implemented at farm level, targets which should both be incorporated into EU legislation; considers it imperative that farmers receive support and trainingcumulatively assessed before being incorporated into EU legislation in particular in light of potential trade-offs for food security, land availability and prices, which may result in more intensive production; considers it imperative that farmers receive support, training, innovation as well as appropriate financial support and legal certainty in the transition towards agroecological practices;
Amendment 616 #
2020/2273(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Insists that priority for protected areas must be environmental conservation and restoration and that no activity in these areas should undermine this goal; calls on the Commission to avoid future marine renewable energy developments and bottom-trawling fishing within Marine Protected Areas;
Amendment 652 #
2020/2273(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that the new EU Forest Strategy must be fully aligned with the Climate Law and the Biodiversity Strategy; calls for the inclusion in the Nature Restoration Plan of specific binding targets for the protection and restoration of forest ecosystems, which should also be incorporated into the Forest Strategy;
Amendment 656 #
2020/2273(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines the importance of sustainable forest management for the health and longevity of forest ecosystems and the preservation of the multifunctional role of forests; highlights the potential of agroforestry to improve and boost ecosystem services and farmland biodiversity and for carbon sequestration, while enhancing farm productivity; notes that forests can only achieve their full potential for climate and environment when they are sustainably managed; stresses therefore the need to exclude forestry from the 10% strictly protected areas;
Amendment 770 #
2020/2273(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. WelcomesTakes note of the Commission’s targets of reducing the use of more hazardous and chemical pesticides by 50 %, the use of fertilisers by at least 20 % and nutrient losses by at least 50 % by 2030, which should be made binding; considers that the derogation envisaged in Article 53(1) of Regulation (EC) No 1107/2009 should be clarified and must only be applied for h; recalls that before any targets be made binding, a comprehensive impact assessment on all aspects including food security and safety, social and economic sustainability of agriculture in the EU, generational renewal, food security and prices, farmland availability and prices and the potential risks of displacing biodiversity losses abroad by the replacement of local agricultural production with import should be conducted; adds that all targets should be market oriented; proposes to have target corridors to take into account the national circumstances and different baselines and to remain flexible for unforeseen challenges like crises or extreme wealth and environmental reasonser situations; considers that the derogation envisaged in Article 53(1) of Regulation (EC) No 1107/2009 should be clarified;
Amendment 800 #
2020/2273(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that integrated pest management (IPM) is only possible when farmers have adequate and enough resources; therefore stresses the need to come up with an innovation and substitution principle for IPM, meaning that before a substance/product is removed from the market, the Commission needs to be sure that adequate alternatives are available, to ensure that farmers have access to an adequate toolbox of safe, effective and affordable solutions, as well as access to the latest knowledge, technology and the best advisory services;
Amendment 811 #
2020/2273(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Stresses that any reduction of chemical PPPs must be accompanied by a innovation principle that enables the research, development and employment of new innovative techniques including precision farming and new breeding techniques; calls on the Commission to publish the study on the potential of new genomic techniques which should be the basis for a proper regulatory framework;
Amendment 884 #
2020/2273(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Highlights the success of the Habitats Directive as an effective instrument for the conservation of biodiversity; stresses the need for more flexibility in protection measures to effectively protect humans and livestock if predators pose a danger, and to reflect changes in conservation status;
Amendment 945 #
2020/2273(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to provide an assessment of all subsidies harmful to the environment with a view to their phasing out by 2030 at the latest; reiterates its calls for the reorientation of taxation systems towards an increased use of environmental taxation;
Amendment 978 #
2020/2273(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights the need for a legally bindingnew biodiversity governance framework, similar to the Climate Law, which steers a path to 2050 through a set of binding objectives, including targets for 2030 and the COP15 commitments, and which establishes a monitoring mechanism with smart indicators; calls on the Commission to submit a legal proposal to this end in 2022;
Amendment 1032 #
2020/2273(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that Member States should provide farmers to with financial support, training, technology and innovation in the uptake and delivery of biodiversity and environmental benefits; while considering the importance of balancing voluntary measures and regulatory action;
Amendment 25 #
2020/2091(INI)
Motion for a resolution
Recital B
Recital B
B. whereas air pollution is the single largest environmental health risk in Europe2 , affecting all regions, socioeconomic and age groups unevenly, causing nearly 400 000 premature deaths per year, and is linked to respiratory and cardiovascular diseases, strokes and cancer3 ; whereas, overall, premature deaths from air pollution have dropped by more than 50 percent since 1990; 4a _________________ 2‘Ambient Air Pollution: A global assessment of exposure and burden of disease’, World Health Organization, 2016. 3‘Air quality in Europe - 2020’, Report No. 09/20, European Environment Agency, 2020. 4a https://www.eea.europa.eu/themes/air/hea lth-impacts-of-air-pollution
Amendment 30 #
2020/2091(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas there is a general improvement trend in air quality despite economic growth; whereas both road transport and industry have played a role in this process; whereas there is a positive trend as regards practical implementation of Member States’ obligation;
Amendment 43 #
2020/2091(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas there was a significant reduction of all air pollutants in road transport despite an increase in passenger and freight transport1a; _________________ 1a EEA 2020
Amendment 62 #
2020/2091(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises that while the EU Ambient Air Quality (AAQ) Directives have been effective in setting common EU air quality standards and facilitating the exchange of information on air quality, they have failed tobeen partially effectively in reduceing air pollution and to curb its adverse effects; draws attention to the fact that a high number of Member States do not fully comply with current air quality standards and have not taken enough action to improve air quality and keep exceedances to a minimum; welcomes that the Commissions plans to provide an inventory of the measures of Members States; points out that there are many ambiguities in the AAQD for the requirements for measuring points and that these lead to questions on the representativeness and comparability of the results;
Amendment 67 #
2020/2091(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that AAQ Directives are based on air quality standards that are now 15 to 20 years old, and that some of them are much weaker than current World Health Organization (WHO) guidelines and the levels suggested by the latest scientific evidence on human health impacts; welcomes the commitment made in the European Green Deal to revise air quality standards and align them more closely with WHO standards, highlights the difference between the EU standards being binding requirements and the WHO levels being guidelines, suggests to focus on the enforcement of already existing standards and only then to carefully assess new WHO standards; points out that additional obligations must also be practicable and implementable with the existing technical and financial possibilities; suggest that in the future economic efficiency and socioeconomic concerns would have to be taken into account to a greater extent than in the past when setting limit values, so as not to place an additional burden on the general public; in addition, limit values should take into account national differences in population density, urbanization, industrial sites and the like;
Amendment 83 #
2020/2091(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recommends that the Commission should first assess whether revised air quality standards should also cover other non-regulated pollutants with relevant health impacts in the EU; highlights the EU’s ambition to lead the transition to a healthy planet, and recalls that in order to become a global leader it should lead by example by adopting, inter alia,enforcing already existing ambitious quality standards for all air pollutants; before suggesting new standards;
Amendment 91 #
2020/2091(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the need to guarantee that air quality is being measured equally and comparably by the Member States in appropriate locations and at emissions sources, in order to avoid underestimation of air pollution; calls on the Member States to improve their monitoring networks, and on the Commission to enforce the obligations of the Directive in this regard and have representative results; calls on Commission to enforce the obligations of the Directive in this regard and making sure that the sampling points are comparable and representative for a specific area, including by providing support to Member States in setting up a mix of monitoring stations, sampling points and passive sampling points to guarantee representative results and to avoid systemic shortcomings, the training and hiring of experts, and ensuring greater accuracy in inspection, control and monitoring;
Amendment 102 #
2020/2091(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges the fact that Member States have established an air quality monitoring network based on common criteria defined by the AAQ Directives, with more than 4 000 monitoring stations and 16 000 sampling points; points out that site location provisions involve multiple criteria and offer a degree of flexibility which can make verificationEU wide comparability and representativeness of results more difficult, and which often generate data that does not provide information on where the highest concthat are representrations of air pollutants occurve for a specific area; urges the Commission to review and establish new mandatory rules for locating monitoring stations and sampling points that ensure representativeness of the sampling points for a specific area and comparability with other sampling point in all members states; suggests to introduce a combination of fixed monitoring and modelling accompanied by passive sampling, because the high variability of air pollutants is difficult to grasp with fixed monitoring sites; calls on the Commission to set up criteria for "general population exposure" and provisions for the representativeness of monitoring sites;
Amendment 110 #
2020/2091(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that real-time data on air quality would improve monitoring immensely; points out that the Commission should always consider the most recent technical measuring systems, norms and standards;
Amendment 114 #
2020/2091(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the AAQ Directives do not focus on reducing emissions in places where people suffer most from air pollution, or where concentrations are highest, and that concrete action in this area is neededshould rather focus on concentration of whole areas and representative concentrations than on single sampling points; notes that lower socio- economic groups are more exposed to air pollution because they are more likely to live close to sources of heavy pollution, both outdoor, such as traffic and industrial areas, and indoor, such as the combustion of low-quality solid fuels for domestic heating; underlines in this regard the need to better reflect human exposure to air pollution in EU law, and urges the Commission to include new indicators in air quality indices, such as population density around monitoring stations and sampling points to ensure that the results are representative for the area;
Amendment 130 #
2020/2091(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that confinement measures to control the spread of pandemic led to a drastictemporary decrease in emissions and air pollution, thus clearly showing the impact of human activities on the environment; suggests to analyse all measures to understand the impact of these; notes with regret that continuous exposure to air pollution may worsen the impact of respiratory viruses such as COVID-19; underlines that fighting air pollution must be at the core of the EU recovery plan, and that mandatory and effectively enforced air quality requirements are key to guaranteeing citizens’ health and improving their resilience against future health threats;
Amendment 149 #
2020/2091(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomesTakes note of the announcement of the Commission’s Zero Pollution Action Plan; highlights that zero pollution is technically difficult; calls on the Commission to consider all technical solutions to help to reduce emissions in a technology neutral way; emphasises that air pollution is a burden that requires a holistic evidence-based approach; alerts that any new measures will be worthless if air quality is not properly prioritised and mainstreamed in all EU policies, including EU emission source legislation, such as onhighlight that emission reduction in all sectors, climate, energy, transport, industry, agriculture and waste, is important while ensuring better synergies between all policy areas; calls on the Commission and the Member States to cooperate more closely in all areas and at all levels in order to help local authorities achieve cleaner air; notes that driving restrictions are ineffective in health protection as they have little effect on the vehicle fleet or on city-wide emissions;
Amendment 165 #
2020/2091(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Commission and the Member States to strengthenassess all emissions legislation; for their effectiveness and proportionality, underlines that reducing emissions at source is the onlye effective way to guarantee clean air; points out that also other technical solutions should be taken into account; alerts that most Member States will not comply with their 2020 and 2030 emissions reduction commitments established under the NEC directive; stresses the need for stringent measures to reduce transport emissions, particularly road and maritimhowever that measures are currently underway and their effect should be waited for before considering a tightening of the new NEC directive; stresses the need for stringent measures to reduce emissions in all sectors like transport, aviation, industrial installations, buildings, agriculture and energy production; calls for a coherent approach in GHG and emission regulations; points out possible trade-offs between the reduction of CO2 and other air pollutants; stresses the principle of technology neutrality and other innovative solutions, as e.g. filtrations in vehicles and on streets; fleet renewal, and the like;
Amendment 170 #
2020/2091(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses that innovation and research in low-emission and emission- reducing technologies will help to reduce emissions in all sectors; urges the Commission to honour the principle of technology neutrality; highlights the positive impact of Euro5/6 on the improvement of NOx emissions; notes that fleet renewal will bring huge improvements to air quality; points out that even full electrification of the car fleet does not clear the air from particle matters (e.g. tyres and brakes abrasion); calls on the Commission to duly assess possible trade-offs between CO2 emissions and air quality before proposing new and additional regulations;
Amendment 189 #
2020/2091(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that Air Quality Plans (AQPs), a key requirement of the AAQ Directives in cases when Member States do not comply with air quality standards, are often ineffective in terms of delivering their expected resultscould be better targeted; calls on the Commission to establish a set of minimum requirements and share best practices for both the drafting and implementation of AQPs; points out that more harmonisation and comparable and proportionate measures in all member states would increase the acceptance of those measures; recalls that AQPs are best done locally as to take into account local situations;
Amendment 198 #
2020/2091(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets the factNotes members states produce public annual reports for all pollutants covered by this Directive and report yearly to the Commission according to Art 27; regrets that the AAQ Directive neither requires Member States to report on the implementation of AQPs to the Commission nor to update them when new measures are adopted or when the progress is insufficient; calls on the Commission to establish a yearly reporting obligation for the implementation of AQPs without increasing bureaucracy; suggests a more pragmatic approach which drives the trend in a positive way, by providing incentives rather than obligations;
Amendment 228 #
2020/2091(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to update the AAQ Directives to include explicit provisions that guarantee the right of citizens to justice in linePoints out that in October 2020 the Commission has presented a proposal for a revision of the Aarhus Regulation; stresses that all matters related to the Aarhus Convention should be dealt with in the Aarhus ConventionRegulation directly;
Amendment 2 #
2020/2058(INI)
Motion for a resolution
Citation 8
Citation 8
Amendment 99 #
2020/2058(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the success of the EU’s aim to achieve climate neutrality will, among other factors, depend on the adequacy of the financing;
Amendment 178 #
2020/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the gradual phasing-out of public and private investments in highly polluting and harmful industries for which economically feasible alternatives are available, while fully respecting the rights of Member States to choose their energy mix;
Amendment 373 #
2020/2058(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the statement of the ECB President that the ECB is supporting the development of a taxonomy as a way of facilitating the incorporation of environmental considerations in central bank portfolios; calls on the ECB to evaluate the feasibility of including sustainability criteria in its collateral framework and its annual stress testing exercise, while assessing ways to guide lending towards energy transition investments and to rebuild a sustainable economy in the aftermath of the COVID- 19 crisis;
Amendment 405 #
2020/2058(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 419 #
2020/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Insists on the integration of governance objectives in the sustainability framework, including through additional voting rights for long-term shareholders, reform of remuneration structures and fiduciary duties for top-line management, and mandatory sustainability reporting and due diligence fovites the Commission to analyse how a long-term perspective can be better financial institutions and large corporates; welcomes the preparation of a sustainablcorporated into the corporate governance initiativregime;
Amendment 435 #
2020/2058(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that investments in unsustainable economic activities may lead to stranded assets with lock-in effects; considerspoints out that this risk needs to be insufficiently integrated in credit ratings and prudential frameworks;
Amendment 444 #
2020/2058(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls that sustainable investments do not necessarily come with a lower risk-profile than other types of investments; points out that sustainability considerations must therefore not come at the expense of financial stability considerations;
Amendment 455 #
2020/2058(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the introduction of an enabling framework for public sustainable investments to achieve the goals set out in the European Green Deal, but stresses that whatever financing model is chosen must not undermine the sustainability of public finance in the EU; supports the commitment by EVP Dombrovskis to explore how taxonomy can be used in the public sector; calls for public support for airlines to be used in a sustainable and efficient mannerStresses that increased levels of public sustainable investments must not undermine the sustainability of public finance in the EU;
Amendment 473 #
2020/2058(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Rejects the idea of an enabling framework for public sustainable investments or any 'fast-track-procedure' under the Stability and Growth Pact;
Amendment 490 #
2020/2058(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that the European Semester is a framework for EU Member States to coordinate their budgetary and economic policies; believes that ithe European Semester is not the right crouldte to facilitate the implementation of the European Green Deal, the European Pillar of Social Rights and the UN Sustainable Development Goals (SDGs); believes that the SDGs should be at the heart of EU’s policy making processcompetitiveness and sound fiscal policy should be at the heart of a focussed European Semester;
Amendment 513 #
2020/2058(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports the Solvency Support Instrument to level the playing field in the single market, and takes note of the introduction of ‘transition plans’ for certain companies to increase the sustainability of their activities; considers that society can ask for a quid pro quo when providing support to companies; believes that transition plans should be obligatory for companies seeking state aid or EU-level support unless it is clear that they do not engage in environmentally or socially harmful activities; urges the Commission to only approve transition plans that set businesses on the path to the climate- neutral and circular economy without significantly harming any other environmental or social objectives;
Amendment 531 #
2020/2058(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 548 #
2020/2058(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 61 #
2020/2037(INI)
Motion for a resolution
Recital I
Recital I
I. whereas new powers to temporarily issue recovery debt, including green bonds – which make the EU the world’s biggest issuer of such debt –, require adequate implementation and strict enforcement capacities so as to avoid undermining the long-term credibility of the euro as a safe asset currency;
Amendment 81 #
2020/2037(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the long-term international role of the Euro will largely depend on the Eurozone's attractiveness as a location to do business and the soundness of the Member States' fiscal policies;
Amendment 108 #
2020/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates, in this context, the need to deepen and complete the Economic and Monetary Union (EMU), the Banking Union and the Capital Markets Union (CMU), with a view to enhancing the international competitiveness of European markets and the stability and attractiveness of the euro;
Amendment 137 #
2020/2037(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for sustainable and sound fiscal and structural growth- enhancing policies that are based on a commitment to credible fiscal rules to maintain the stability and integrity of the Euro; calls for further reflection on the adequacy of the stability and growth pact framework and its enforcement despite the challenging circumstances; supports the plan outlined in Next Generation EU to use, in addition to monetary policy, a fiscal impulse, notably borrowing EUR 750 billion from capital markets bonds to finance the recovery and green transition, in addition to the issuance of EUR 100 billion in ‘social’ bonds under the European instrument for temporary support to mitigate unemployment risks in an emergency (SURE), which is intended to preserve employment; applauds the high level of interest that investors have demonstrated in European bonds;
Amendment 148 #
2020/2037(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that an adequate supply of safe assets is a precondition for international currency status, and expresses its regret at the limited availability of euro- denominated safe assets; underlines, therefore, the need to create European safe assets; considers that the proposed issuance of a common debt to finance recovery will provide an EU-level reserve asset benchmark and increase the supply of euro-denominated safe assets; expects the ECB to conduct an assessment of the possibility of issuing certificates of deposit under its existing legal basis;
Amendment 194 #
2020/2037(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Points out that a higher share of energy contracts being traded in Euro could enhance the international role of the Single currency and is therefore supportive of policies furthering that goal;
Amendment 32 #
2020/2034(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the term ‘crypto-assets’ is used to refer to a wide variety of digital assets, including but not limited to virtual currencies and tokens but sometimes excluding certain forms of stablecoins or certain tokens such as security tokens;
Amendment 35 #
2020/2034(INL)
Motion for a resolution
Recital C
Recital C
C. whereas the two most common components of crypto-assets adopted are (i) the private nature of the asseentitlement regarding the underlying asset, claim or right, and (ii) the use of cryptography and distributed ledger technology (DLT) or similar technology to underpin exchanges of the asset;
Amendment 77 #
2020/2034(INL)
M. whereas new operational problems, particularly ICT and security risks, can generate systemic risks for the financial sector; such new risks to be addressed by appropriate regulation;
Amendment 115 #
2020/2034(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that FinTech which consists of the use of new technologies to enable and enhance activities of the financial sector and thus plays a key role in developing financial activities, will be integral to the success of the Capital Markets Union (CMU) and encourages the Commission to consider how to harness the benefitempower the innovators of FinTech in driving forward capital market integration in the Union; cryptography, DLT and similar technologies could facilitate and efficiency boost for the value chain in financial markets, triggering a rethinking of the role of intermediaries;
Amendment 142 #
2020/2034(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to act as first mover in order to create a favourable environment for European FinTech hubs and firms as well as the established financial industry using FinTech to scale up;
Amendment 153 #
2020/2034(INL)
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
b. proportionality and technology neutrality;
Amendment 166 #
2020/2034(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that Union level measures should not stifle opportunities for businesses to grow and develop within the Union while ensuring at the same time the general objectives of the EU like financial stability, investor and consumer protection or market integrity;
Amendment 184 #
2020/2034(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to develop new rules only for new services and new products and to adapt and amend existing rules for products and services which are subject to changed processes
Amendment 194 #
2020/2034(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that developing a pan- European taxonomy for new products such as crypto-assets is desirable as a step towards fostering a common understanding, facilitating collaboration across jurisdictions and providing greater regulatory certainty for market participants engaged in cross border activity; recommends taking into account the importance of international cooperation and global initiatives as regards frameworks for crypto-assets, bearing in mind in particular their borderless nature; cautions, however, that developing an open-ended taxonomy template may be more appropriate for this evolving market segment; emphasises that consumer- focused startups are often building innovative financial services to the benefit of EU citizens and companies, and that any legislation should be designed with a view to empower more innovation and consumer-choice in financial services;
Amendment 231 #
2020/2034(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that applying the objectives in existing regulations to previously unregulatedall types of crypto-assets will be necessary, as will creating bespoke regulatory regimes for evolving new types of crypto-asset activities, such as initial coin offeringwhile existing rules will need to be adapted accordingly for FinTech regarding existing assets;
Amendment 271 #
2020/2034(INL)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that supervisory authorities have issued consumer warning regarding ICOs with reference to crypto, as lack of appropriate transparency and disclosure requirements can cause potential and serious risks for investors;
Amendment 307 #
2020/2034(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Requests, in this regard, that the Commission examines how to ensure that digital finance entities can access on an equitable basis relevant and useful data to help creating more customer value and ensure that innovative FinTech businesses can grow within the Union and beyond;
Amendment 317 #
2020/2034(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Requests that the Commission considers a framework for digital onboarding and the use of digital financial identities, which would aim to harmonise these measures across the Union insofar as necessary existing regulatory requirements across the Union and to facilitate the use of such measures;
Amendment 319 #
2020/2034(INL)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Acknowledges that interoperability between digital entities on national and European level is key in order to reach the desired market acceptance;
Amendment 322 #
2020/2034(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that customer data or “big data” is being increasingly usedconsidered as key for creating additional customer value and maintain competitiveness by financial institutions; recalls the provisions of Article 71 of the GDPR and calls on all stakeholders to increase efforts to guarantee the enforcement of the rights therein;
Amendment 330 #
2020/2034(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Points out that in this context standards play a key role in further promoting data management, sharing and exchange, including data interoperability and portability. It also requires a trustworthy and legally secure infrastructure as well as a sound legal framework with regard to data pooling and sharing that give businesses confidence in data cooperation on a cross-company or even cross-industry basis;
Amendment 332 #
2020/2034(INL)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls for a workable regulatory approach to data processing and management, where consumer protection is a priority for legislators, while adapting European Data protection law to the requirements of a modern data economy that puts data sovereignty into reality;
Amendment 133 #
2020/2005(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 138 #
2020/2005(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 178 #
2020/2005(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 216 #
2020/2005(INL)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 229 #
2020/2005(INL)
Motion for a resolution
Annex 1
Annex 1
Amendment 267 #
2020/0310(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. This applies in particular to Member States where multinational and large corporations in the digital and logistics industries practice social dumping and have further eroded alleged loopholes in the social system in recent years. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining, those who do not reach this level of coverage should, in consultation and/or agreement with the social partners, provide for or, where it already exists, strengthen a framework of facilitative procedures and institutional arrangements enabling the conditions for collective bargaining. Such framework should be established by law or by tripartite agreement.
Amendment 300 #
2020/0310(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
Amendment 391 #
2020/0310(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for promoting:
Amendment 442 #
2020/0310(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Member States may decide not to apply this Directive to small and medium-sized enterprises (SMEs) within their countries or if the Directive could cause serious damage to the country's own conditions of well-functioning employment and labour market systems.
Amendment 475 #
2020/0310(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘collective bargaining coverage’ means the share of workers at national level to whom a collective agreement applies; when calculating the collective bargaining coverage, Member States should take into account both direct and indirect collective bargaining coverage, where indirect collective bargaining coverage is provided, for example, by companies oriented towards sectoral collective agreements.
Amendment 490 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. With the aim to increase the collective bargaining coverage Member States shall take, in accordance with their national law and practices, and in consultation with the social partners, at least the following measures:
Amendment 505 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) encourage constructive, meaningful and informed negotiations on wages among social partners;, thereby respecting the free will of workers and employers in the process
Amendment 535 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States where overall collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shall in addition provide for a framework of enabling conditions for collective bargaining, either by law after consultation of the social partners or by agreement with them, and shallmay establish an action plan to promote collective bargaining. The action plan shallmay then be made public and shall be notified to the European Commission.
Amendment 642 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure the regular and timely updates of statutory minimum wages in order to preservomote their adequacy.
Amendment 661 #
2020/0310(COD)
Proposal for a directive
Article 6
Article 6
Amendment 703 #
2020/0310(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensurable that the social partners are involved in a timely and effective manner in statutory minimum wage setting and updating, including through participation in consultative bodies referred to in Article 5(5) and notably as concerns:
Amendment 731 #
2020/0310(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall, in cooperation with social partners, take the following measures where proportionate, to enhance the access of workers to statutory minimum wage protection as appropriate:
Amendment 740 #
2020/0310(COD)
Proposal for a directive
Article 8 – paragraph 1 – point 1
Article 8 – paragraph 1 – point 1
(1) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of statutory minimum wages. ThWhere duly justified, those controls and inspections shall be proportionate and non-discriminatory;
Amendment 763 #
2020/0310(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by Union law, national provisions or collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist.
Amendment 35 #
2020/0289(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 70 #
2020/0289(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) National measures, such as those granting state aid, can be challenged before the national courts, as the authority competent to grant the aid is an institution or body of a Member State. Considering the delimitation of competences between the Union and its Member States, Commission decisions concerning state aid are limited to controlling compatibility with the internal market within the meaning of Article 107(3)(c) TFEU and are amenable to judicial review under Article 263 TFEU and under Article 267 TFEU.
Amendment 87 #
2020/0289(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1367/2006
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘administrative act’ means any non- legislative act of individual scope adopted by a Union institution or body, which has legally binding and external effects and contains provisions that may, because of their effects, contravene environmental law within the meaning of point (f) of Article 2(1), excepting those provisions of this act for which Union law explicitly requires implementing measures at Union or national level;
Amendment 24 #
2020/0265(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Some crypto-assets qualify as financial instruments as defined in Article 4(1), point (15), of Directive 2014/65/EU of the European Parliament and of the Council33 . Other crypto-assets may qualify as ´deposits´ as defined in Article 2 (1), point (3) of Directive 2014/49/EU of the European Parliament and the Council. The majority of crypto-assets, however, fall outside of the scope of Union legislation on financial services. There are no rules for services related to crypto- assets, including for the operation of trading platforms for crypto-assets, the service of exchanging crypto-assets against fiat currency or other crypto-assets, or the custody of crypto-assets. The lack of such rules leaves holders of crypto-assets exposed to risks, in particular in areas not covered by consumer protection rules. The lack of such rules can also lead to substantial risks to market integrity in the secondary market of crypto-assets, including market manipulation. To address those risks, some Member States have put in place specific rules for all – or a subset of – crypto-assets that fall outside Union legislation on financial services. Other Member States are considering to legislate in this area. _________________ 33Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).
Amendment 40 #
2020/0265(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Union legislation on financial services should not favour one particular technology. Crypto-assets that qualify as ‘financial instruments’ as defined in Article 4(1), point (15), of Directive 2014/65/EU or as ´deposits´ as defined in Article 2 (1), point (3) of Directive 2014/49/EU of the European Parliament and the Council should therefore remain regulated under the general existing Union legislation, including Directive 2014/65/EU and Directive 2014/49/EU respectively, regardless of the technology used for their issuance or their transfer.
Amendment 196 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘crypto-asset’ means a digital representation of value or rights for direct investment or finance purposes, which may be transferred and stored electronically, using distributed ledger technology or similar technology;
Amendment 211 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘utility token’ means a type of crypto-asset which is intended to provide digital access to a fungible good or service, available on DLT, and is only accepted by the issuer of that token;
Amendment 539 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. IssuersEach unit of asset-referenced tokens shall establish, maintain and implement clear and detailed policies and procedures on the rights granted to holders of asset- referenced tokens, including any direct claim or redemption rights on the issuer of those asset-referenced tokens or on the reserve assets created shall be pledged at par value with an official currency unit of an EU Member State.
Amendment 552 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Article 35 – paragraph 2 – subparagraph 1 – introductory part
2. Where holdIssuers of asset-referenced tokens are granted rights as shall issue asset-referrenced to in paragraph 1, issuers of asset-refeken at par value and on the renced tokens shall establish a policy setting out:ipt of funds within the meaning of Article 4(25) of Directive 2015/2366.
Amendment 553 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1– point a
Article 35 – paragraph 2 – subparagraph 1– point a
Amendment 555 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point b
Article 35 – paragraph 2 – subparagraph 1 – point b
Amendment 558 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 –subparagraph 1– point c
Article 35 – paragraph 2 –subparagraph 1– point c
Amendment 560 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point d
Article 35 – paragraph 2 – subparagraph 1 – point d
Amendment 564 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point e
Article 35 – paragraph 2 – subparagraph 1 – point e
Amendment 566 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 2
Article 35 – paragraph 2 – subparagraph 2
Amendment 575 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 1
Article 35 – paragraph 3 – subparagraph 1
Amendment 576 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 1
Article 35 – paragraph 3 – subparagraph 1
Amendment 581 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 4 – subparagraph 1
Article 35 – paragraph 4 – subparagraph 1
Amendment 584 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 4 – subparagraph 2
Article 35 – paragraph 4 – subparagraph 2
Amendment 586 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 4 – subparagraph 3
Article 35 – paragraph 4 – subparagraph 3
Amendment 589 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 5 – subparagraph 1 – introductory part
Article 35 – paragraph 5 – subparagraph 1 – introductory part
5. TWhe EBA shall, in close cooperation with ESMA, develop draft regulatory technical standards specifyingre the issuer of an asset- referenced token does not fulfil legitimate redemption requests from holders of asset-referenced token within 30 days, the holder is entitled to claim redemption to any following third party entities that has been in contractual arrangements with issuers of asset-referenced tokens:
Amendment 592 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 5 – subparagraph 1 – point a
Article 35 – paragraph 5 – subparagraph 1 – point a
(a) the obligations imposed on the crypto-asset service providers ensuring the liquidity ofentities ensuring the safeguarding of funds received by issuers of asset- referenced token in exchange for asset- referenced tokens as set out in the first subparagraph of paragraph 4 in accordance with Article 7 of Directive2009/110/EC;
Amendment 593 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 5 – subparagraph 1 – point b
Article 35 – paragraph 5 – subparagraph 1 – point b
(b) the variations of value triggering a direct right of redemption from the issuer of asset-referenced tokens as set out in the second subparagraph of paragraph 4, and the conditions for exercising such a rightany natural or legal persons in charge of distributing e-money tokens on behalf of issuers of e-money tokens.
Amendment 597 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 5 – subparagraph 2
Article 35 – paragraph 5 – subparagraph 2
Amendment 599 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 5 – subparagraph 3
Article 35 – paragraph 5 – subparagraph 3
Amendment 657 #
2020/0265(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Issuers of significant asset- referenced tokens shall assess and monitor the liquidity needs to meet redemption requests or the exercise of rights, as referred to in Article 34, by holders of asset-referenced tokens. For that purpose, iIssuers of significant asset-referenced tokens shall establish, maintain and implement a liquidity management policy and procedures. That policy and those procedures shall ensure that the reserve assets have a resilialso conduct liquidity stress testing, on a regular basis, and depending on the outcome of such tests, the EBA may decide to strengthent liquidity profile that enablerisk requirements. Where an issuer of significant asset- referenced tokens to continue operating normally, including under liquidity stressed scenarios.offers two or more categories of crypto-asset tokens and/or provides crypto asset services, these stress tests shall cover all of these activities in a comprehensive and holistic manner.’
Amendment 660 #
2020/0265(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. The percentage referred to in Article 31(1), point (b), shall be set at 3% of the average amount of the reserve assets for issuers of significant asset-referenced tokens. In addition, issuers of significant asset-referenced tokens shall conduct, on a regular basis, stress testing that shall take into account severe but plausible financial (such as interest rate shocks) stress scenarios and non-financial (such as operational risk) stress scenarios. Where an issuer of significant asset referenced tokens offers two or more categories of crypto-asset tokens and/or provides crypto-asset services, these stress tests shall cover all of these activities in a comprehensive and holistic manner. Based on the outcome of such stress tests, the EBA where relevant, may impose additional own funds requirements on top of the 3% requirement. Moreover, issuers of significant asset-referenced tokens shall also conduct liquidity stress testing, on a regular basis, and depending on the outcome of such tests, the EBA may decide to strengthen liquidity risk requirements.
Amendment 759 #
2020/0265(COD)
Proposal for a regulation
Article 52 – point b
Article 52 – point b
(b) Article 41, paragraphs 1, 2, 3 and 34 of this Regulation;
Amendment 881 #
2020/0265(COD)
Proposal for a regulation
Article 61 – paragraph 9 a (new)
Article 61 – paragraph 9 a (new)
9a. Crypto-asset service providers shall have internal control mechanisms and effective procedures for prevention, detection and investigation of money laundering and terrorist financing in accordance with the Anti-Money Laundering Directive ((EU) 2015/849/EC).
Amendment 883 #
2020/0265(COD)
Proposal for a regulation
Article 61 – paragraph 9 b (new)
Article 61 – paragraph 9 b (new)
9b. Crypto-asset service providers transferring crypto-assets for payment purposes shall have internal control mechanisms and effective procedures in place for the full traceability of all transfers of funds within the EEA, as well as those sent from within the EEA to another region and vice versa as defined the EU Funds Transfer Regulation ((EU) 847/2015).
Amendment 892 #
2020/0265(COD)
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 1
Article 63 – paragraph 3 – subparagraph 1
3. Crypto-asset service providers shall, promptly place any client’s funds, with a central bank or a credit institutionredit institution or, where the relevant eligibility criteria and conditions for opening an account are met, a central bank.
Amendment 893 #
2020/0265(COD)
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 2
Article 63 – paragraph 3 – subparagraph 2
Crypto-asset service providers shall take all necessary steps to ensure that the clients’ funds held with a central bank or a credit institutionredit institution or, where the relevant eligibility criteria and conditions for opening an account are met, with a central bank, are held in an account or accounts separately identifiable from any accounts used to hold funds belonging to the crypto-asset service provider.
Amendment 911 #
2020/0265(COD)
Proposal for a regulation
Article 67 – paragraph 8
Article 67 – paragraph 8
8. Crypto-asset service providers that are authorised for the custody and administration of crypto-assets on behalf of third parties shall bnot restrict the liableility to their clients for loss of crypto- assets as a resulting from a malfunction or hacks up to the market value of the crypto-assets lostwilful misconduct or gross negligence in performing their duties and obligations under their respective agreements, including losses resulting from a malfunction or hacks.
Amendment 510 #
2020/0104(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) For the purposes of transparency, the recovery and resilience plans adopted by the Commission should be communicated to the European Parliament and the Council simultaneously and communication activities should be carried out by the Commission as appropriate. The Commission should ensure the visibility of spending under the Facility by clearly indicating that the projects supported should be clearly labelled as “EU Recovery Initiative”. To ensure full transparency, potential beneficiaries, beneficiaries, participants, final recipients of financial instruments must be disclosed. They need to be listed in a digital monitoring system for EU funds to be introduced by the Commission.
Amendment 1170 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point d
Article 16 – paragraph 3 – point d
(d) whether the recovery and resilience plan is expected to effectively contribute to strengthen the growth potential, job creation, and economic and social resilience of the Member State, mitigate in the economic and social impact of the crisis, and contribute to enhanctext of the crisis recovery and mitigate the economic, and social and territorial cohesionimpact of the crisis;
Amendment 1188 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point f
Article 16 – paragraph 3 – point f
(f) whether the recovery and resilience plan contains measures for the implementation of reforms and public investments projects that represent coherent actionsmeasures and expenditure proposed provide for European added value;
Amendment 1259 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point c a (new)
Article 17 – paragraph 3 – point c a (new)
Amendment 1260 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point a
Article 17 – paragraph 4 – point a
(a) the financial contribution to be paid inonly in at least two instalments once the Member State has satisfactorily implemented the relevantclear milestones and targets identified in relation to the implementation of the recovery and resilience plan; at the request of the European Parliament, following non- attainment of one or several milestones and targets, further instalments shall be withheld until satisfactory explanation is provided to the European Parliament;
Amendment 1355 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Upon completion of the relevant agreed clear milestones and targets indicated in the recovery and resilience plan as approved in the implementingdelegated act of the Commission, the Member State concerned shall submit to the Commission a duly justified request for payment of the financial contribution and, where relevant, of the loan tranche. Such requests for payment mayshall be submitted by the Member States to the Commission on a biannual basis. The Commission shall assess, within two months of receiving the request, whether the relevantclear milestones and targets set out in the decision referred to in Article 17(1) have been satisfactorily implemented. For the purpose of the assessment, the operational arrangement referred to in Article 17(6) shall also be taken into account. The Commission may be assisted by experts.
Amendment 1357 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
Where the Commission makes a positive assessment, it shall adopt a decision authorising the disbursement of the financial contribution in accordance with the Financial Regulation. Each payment decision should be disbursed only if relevant milestones have been completed and clear progress has been registered since the previous disbursement. If the Commission assesses that in the case of one or more milestones or targets there has been a clear regression and that the Member State is systematically not fulfilling its obligations under the recovery and resilience plan, it shall recover all previous payments made in relation to the respective milestones or targets.
Amendment 1364 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 4 – introductory part
Article 19 – paragraph 4 – introductory part
4. Where, as a result of the assessment referred to in paragraph 3, the Commission establishes that the clear milestones and targets set out in the decision referred to in Article 17(1) have not been satisfactorily implemented, the payment of all or part of the financial contribuapplication shall be suspended. The Member State concerned may present its observations within one month of the communication of the Commission's assessment. The suspension of the payment can also be initiated by the European Parliament, following non-satisfactorily implementation of one or several clear milestones or targets set out in the decision referred to in Article 17(1).
Amendment 1365 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 4 – subparagraph 1
Article 19 – paragraph 4 – subparagraph 1
The suspension shall be lifted where the Member State has taken the necessary measures to ensure a satisfactory implementation of the clear milestones and targets referred to in Article 17(1).
Amendment 1375 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 7 – introductory part
Article 19 – paragraph 7 – introductory part
7. Where, within eighteen months ofthe timetable laid down in the decision of the Commission or the decision of the European Parliament, but at the latest eight months following the date of the adoption the decision referred to in Article 17(1), no tangible progress has been made in respect of any relevant, clear milestones and targets by the Member State concerned, the amount of the financial contribution shall be cancelled pursuant to Article 14(1) of the Financial Regulation.
Amendment 1402 #
2020/0104(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Special discharge procedure 1. The spending under the Facility shall be subject to a special discharge procedure which shall verify whether implementation was in accordance with relevant rules, including the principles of sound financial management. 2. By 1 March following the completion of each financial year, the Commission shall forward to the Court of Auditors, who shall have full auditing rights of the spending under the Facility, the provisional accounts of the Facility, accompanied by the report on budgetary and financial management during the financial year. The Commission shall also send the report on budgetary and financial management to the European Parliament and the Council by 31 March of the following year. 3. The Commission shall take into account the observation of the Court of Auditors when drawing up the final accounts of the spending under the Facility. 4. The Commission shall submit to the European Parliament, at the latter’s request and as provided for in Article 146(3) of the Financial Regulation, any information necessary for the smooth application of the discharge procedure for the financial year in question. 5. The European Parliament, acting by qualified majority, shall, before 15 May of the year N + 2, grant a special discharge to the spending under the Facility. 6. The discharge procedure shall ensure that the Commission will act on the recommendations of the European Parliament before seeking discharge again.
Amendment 1421 #
2020/0104(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21 a Recovery and resilience scoreboard 1. The Commission shall establish a recovery and resilience scoreboard (the ‘Scoreboard’) displaying the status of implementation of the agreed growth enhancing reforms and sustainable investments through the recovery and resilience plans of each Member State, and the status of the disbursal of instalments to Member States linked to the satisfactorily implementation of the clear milestones and targets. 2. The Scoreboard shall include key indicators, such as social, economic, environmental and competitiveness indicators, that evaluate the progress registered by the recovery and resilience plans in each of the six areas that define the scope of this Regulation. 3. The Scoreboard shall indicate the degree of fulfilment of the clear milestones of the recovery and resilience plans and the identified shortcomings in their implementation, as well as the recommendations of the Commission to address the respective shortcomings. 4. The Scoreboard shall indicate arrangements and timetable for implementation of the recovery and resilience plan, and for the disbursal of instalments linked to the satisfactorily implementation of the clear milestones and targets.
Amendment 1445 #
2020/0104(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Amendment 1451 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Commission shall provide an annualquarterly report to the European Parliament and the Council on the implementation of the Facility set out in this Regulation.
Amendment 1460 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The annual report shall include information on the progress made with the recovery and resilience plans of the Member States concerned under the Facility.
Amendment 1465 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 3 – introductory part
Article 24 – paragraph 3 – introductory part
3. The annual report shall also include the following information:
Amendment 1473 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point b a (new)
Article 24 – paragraph 3 – point b a (new)
(b a) a section for each Member State detailing the respect of the principle of sound financial management in accordance with Article 61 of the Financial Regulation.
Amendment 1476 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point b b (new)
Article 24 – paragraph 3 – point b b (new)
(b b) an overview of all milestones achieved and still outstanding, per Member State and national plan.
Amendment 1485 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Article 24 – paragraph 4 a (new)
4a. The annual report shall be transmitted to the European Parliament and the European Council as part of the Integrated Financial Accountability Reporting and shall be part of the special discharge procedure of the Facility.
Amendment 193 #
2020/0006(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) EU state aid rules must be flexible if eligible regions in transition are to attract private investment. When drafting the new guidelines, the Commission should therefore also take into account the problems of structural change in the regions concerned, in order to ensure that these regions are given sufficient flexibility to carry out their projects in a socially and economically viable manner.
Amendment 195 #
2020/0006(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) Support for productive investment in enterprises other than SMEs through the Just Transition Fund should not be limited to the areas eligible for State aid under the applicable State aid rules pursuant to Article 107(3)(a)and (c) TFEU. On the contrary, State aid rules should allow all regions receiving assistance through the JTF to effectively address the threat of job losses at an early stage. This should also be ensured by adapting the general block exemption Regulation accordingly;
Amendment 196 #
2020/0006(COD)
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12c) The areas most affected by the transition to a climate-neutral economy should be given the opportunity to actively address the associated structural change as early as possible. This requires adjustments to state aid law, e.g. through a new guideline of the European Commission on the basis of Article 107 (3) (b) or (c)TFEU, so that it is ensured that aid is permissible under the applicable rules regardless of the status of the assisted regions;
Amendment 242 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio-economic challenges deriving from the transition process towards a climate-neutral economy of the Union by 2050. Support shall also be provided to at least all coal mining territories in the EU, where coal is still harvested and to territories where important structural changes take place after phasing out mining activities.
Amendment 448 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEUthe respective territories, productive investments in enterprises other than SMEs, provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (h) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
Amendment 528 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shallmay comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount. The transfer of money from the ERDF and ESF+ to the JTF has to be excluded.
Amendment 4 #
2019/2131(INI)
Motion for a resolution
Citation 13
Citation 13
Amendment 5 #
2019/2131(INI)
Motion for a resolution
Citation 13
Citation 13
Amendment 50 #
2019/2131(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to develop tools to facilitate better monitoring of foreign direct investment and not to limit itself to the screening mechanism;
Amendment 55 #
2019/2131(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure reciprocity with third countries in public procurement and in investment policy; furthermore, with a view to the need to open up public procurement markets in third countries to which access does not yet exist, urges the Commission to work towards the accession of key third countries, such as China, to the WTO Government Procurement Agreement with an acceptable initial offer; stresses that planned EU instruments to improve international market opening, such as the International Procurement Instrument, must be designed in such a way as to avoid adverse effects on EU companies, such as additional bureaucracy and new market distortions;
Amendment 82 #
2019/2131(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to adopt a more favourable approach to industrial cooperation in order to foster the emergence of European leaders that are globally competitive; especially urges the Commission to promote European companies that invest in technologies enabling the transition to a green economy, and to ensure a level playing field compared to third-country companies;
Amendment 88 #
2019/2131(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to adopt a more favourable approach to industrial cooperationconsider adopting higher thresholds in the field of merger control in order to foster the emergence of European leaders that are globally competitive;
Amendment 91 #
2019/2131(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines in this regard that in order for the European Green Deal to be successful European producers of sustainable products and services need to see the advantages of it and not face unfair competition from companies in third countries;
Amendment 92 #
2019/2131(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Believes that to strengthen EU digital markets further cooperation and standardization with regard to data sharing should be enabled to ensure that full potential or the data economy in Europe;
Amendment 95 #
2019/2131(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Underlines the importance of cooperation for digital infrastructure, in particular 5G, one of the key drivers for the Digital Single Market strategy, and therefore calls on competition policy to facilitate infrastructure sharing which not only enhances consumer welfare such as faster roll-out and potential better quality but also could allow a more efficient use of resources and environmental benefits;
Amendment 104 #
2019/2131(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a review of the definition of the relevant market so as to move towards a longer-term vision encompassing the global dimension and potential future competi, particularly in merger decisions, for an even greater focus on global competition from non-European undertakings than hitherto, depending on the individual case; calls for potential competition to be considered on a longer time scale and for greater account to be taken of efficiency considerations;
Amendment 110 #
2019/2131(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission, given the market power of some specific digital mega-platforms, to formulate a tailor- made regulatory framework that ensures non-discriminatory access to, and fair competition on, these platforms;
Amendment 129 #
2019/2131(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to review merger rules and strengthen antitrust action, taking into account the effects of market and network power associated with both personal and financial data; proposes that every merger in the market for such data should be subject to prior monitoring, regardless of thresholds;
Amendment 138 #
2019/2131(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognises the limitations of current competition law when it comes to network effects and abuse of dominant positions by some multinational mega- platforms that give preferential treatment to their own services; calls, therefore, on the Commission to propose new sector- specific regulation for certain digital intermediaries with particularly powerful market positions in order to promote competition so as to prevent market abuse, which should include a ban on preferential treatment of an undertaking's own services;
Amendment 148 #
2019/2131(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the buying-out of start- ups by dominant players dries up innovation and threatens sovereignty, and calls on the Commission to reverse the burden of proof with regard to such buy- outscan jeopardise innovation, and calls on the Commission to investigate systematic acquisitions and their effects on competition over a relatively long period of time in order to gather robust information;
Amendment 172 #
2019/2131(INI)
11. Calls on the Commission to introduce, as part of an impact assessment, to discuss the extent to which the introduction of a centralised ex ante market monitoringsurveillance system, to provide national authorities with the necessary means to gather data anonymously, and to introduce targeted regulation when is appropriate and, if necessary, to draft a targeted regulatory proposal when such practices become systemic;
Amendment 186 #
2019/2131(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that, while intermediation platforms play a major role in access to consumers for online services, some abuse their privileged position by acting as gatekeepers; calls on the Commission to conclude its preliminary investigation into Spotify’s complaint about Apple’s anticompetitive practices and to launch a formal procedure as soon as possible;
Amendment 200 #
2019/2131(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the Commission to increase freedom of choice for consumers and to set up a European consumer protection authoritytrengthen the role of the ECC Network;
Amendment 205 #
2019/2131(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 211 #
2019/2131(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to create a fair trading environment for all stakeholders to support innovation in the EU, value creation, choice and quality for consumers, and, in addition, to carry out a comprehensive analysis of the need to adapt EU competition policy to current market developments in the retail sector, including concentration and abusive practices;
Amendment 225 #
2019/2131(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the urgent need to adopt precautionary measures to adapt to the rapid development of new markets and to stop any practice which would seriously harm competition; calls on the Commission to relax the criteria for these measures, while respecting the rule of law, in order to avoid any irreversible damage;
Amendment 251 #
2019/2131(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to make more systematic use of investigations in sectors that are essential to the everyday life of citizens, such as transport and, the media and payment systems, in the digital age;
Amendment 281 #
2019/2131(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to fully mobilise the sState aid modernisation strategy and to apply the ‘just transition’ principles, in particular for the energy transition;
Amendment 304 #
2019/2131(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls, without Treaty change, for regular use of the ordinary legislative procedure in competition policy, by analogy with the procedure for the ‘non- life insurance’ and ‘ECN+’ directivedirective and Directive (EU) 2019/1 to empower the competition authorities of the Member States to be more effective enforcers;
Amendment 317 #
2019/2131(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses the desire for a greater role for Parliament in determining and developing competition policy, along the lines of that played by the US Congress, which even has the power to launch investigations;
Amendment 320 #
2019/2131(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 330 #
2019/2131(INI)
Motion for a resolution
Paragraph 28
Paragraph 28