529 Amendments of Geert BOURGEOIS
Amendment 38 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 2
Paragraph 2
2. Urges all WTO members to commit to a successful outcome of MC13; believes that MC13 should be the starting point for advancing and modernising the WTO to ensure it can play a role in addressing the challenges of the 21st century, including issues such as climate change and sustainability; urges all WTO members to step up their efforts to focus on tangible outcomes that show that the WTO can address current challenges; welcomes the guidance given by the Senior Officials’ Meeting on 22 and 23 October 2023; asks WTO members, in particular, to conclude the second phase of the multilateral agreement on fisheries subsidies and adopt a comprehensive package on institutional reform, including a decision that would lead to a fully functioning dispute settlement system and a more enhanced role of the WTO Secretariat;
Amendment 38 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 2
Paragraph 2
2. Urges all WTO members to commit to a successful outcome of MC13; believes that MC13 should be the starting point for advancing and modernising the WTO to ensure it can play a role in addressing the challenges of the 21st century, including issues such as climate change and sustainability; urges all WTO members to step up their efforts to focus on tangible outcomes that show that the WTO can address current challenges; welcomes the guidance given by the Senior Officials’ Meeting on 22 and 23 October 2023; asks WTO members, in particular, to conclude the second phase of the multilateral agreement on fisheries subsidies and adopt a comprehensive package on institutional reform, including a decision that would lead to a fully functioning dispute settlement system and a more enhanced role of the WTO Secretariat;
Amendment 44 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the constructive engagement by all WTO members to restore a fully functioning dispute settlement system as swiftly as possible that tackles, amongst others, the excessive length and cost of procedures with their endless number of intervening parties; commends the work of the facilitator in steering the process that should lead to a consolidated draft text to be submitted to MC13; calls on members to reach an agreement on the dispute settlement system at MC13; recalls that a binding, two-tier and independent process should remain the core objective;
Amendment 44 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the constructive engagement by all WTO members to restore a fully functioning dispute settlement system as swiftly as possible that tackles, amongst others, the excessive length and cost of procedures with their endless number of intervening parties; commends the work of the facilitator in steering the process that should lead to a consolidated draft text to be submitted to MC13; calls on members to reach an agreement on the dispute settlement system at MC13; recalls that a binding, two-tier and independent process should remain the core objective;
Amendment 51 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to mainstream the development dimension of the WTO, including through the WTO reform process and through making the special and differential treatment fit for purpose for the 21st century; welcomes, in this context, the decision already taken on the extension of support measures to assist least-developed countries (LDCs) on the path to graduation from LDC status, in order to provide a smooth and sustainable transitional period for the withdrawal of trade preferences; reiterates its call that the special and differential treatment mechanism should be re-examined and revised in order to better reflect human development indices while protecting policy space for addressing unfair trade, and calls therefore on WTO members to revise the system; underlines, however, that self- assertion of development status as only criterion could lead to unfair trade;
Amendment 51 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to mainstream the development dimension of the WTO, including through the WTO reform process and through making the special and differential treatment fit for purpose for the 21st century; welcomes, in this context, the decision already taken on the extension of support measures to assist least-developed countries (LDCs) on the path to graduation from LDC status, in order to provide a smooth and sustainable transitional period for the withdrawal of trade preferences; reiterates its call that the special and differential treatment mechanism should be re-examined and revised in order to better reflect human development indices while protecting policy space for addressing unfair trade, and calls therefore on WTO members to revise the system; underlines, however, that self- assertion of development status as only criterion could lead to unfair trade;
Amendment 70 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 9
Paragraph 9
9. Expects the WTO reform to create an easier path for open plurilateral agreements to be integrated into the multilateral architecture in order to ensure progress in areas not mature enough for the entire membership; invreiterates therefore ites call to WTO members to reflect on a way to develop a new system for enhanced cooperation such as is used in the European Union, with clear principles and a minimum of members that should participate in a plurilateral initiative, and on that basis establish a straightforward mechanism which allows the resulting agreements to be incorporated into the WTO structure;
Amendment 70 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 9
Paragraph 9
9. Expects the WTO reform to create an easier path for open plurilateral agreements to be integrated into the multilateral architecture in order to ensure progress in areas not mature enough for the entire membership; invreiterates therefore ites call to WTO members to reflect on a way to develop a new system for enhanced cooperation such as is used in the European Union, with clear principles and a minimum of members that should participate in a plurilateral initiative, and on that basis establish a straightforward mechanism which allows the resulting agreements to be incorporated into the WTO structure;
Amendment 79 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the importance of regulating digital trade, as it currently accounts for 25 % of total trade, both at multilateral and plurilateral level; supports the efforts to find a fair and permanent solution formaking the WTO moratorium on customs duties on electronic transmissions related to the moratoriumpermanent; welcomes and supports the broad membership, ambitious negotiating agenda and progress made to date in the WTO plurilateral negotiations on e- commerce; highlights the importance of the free flow of electronic transmissions, which are fundamental to digital trade and reduce trading costs, increase consumer welfare as well as export competitiveness, and bring significant benefits, particularly to SMEs and developing countries; recalls its position that a potential agreement needs to guarantee market access for e- commerce-related goods and services in third countries, as well as the protection of consumer and labour rights, and facilitate business innovation; stresses that a potential agreement on e-commerce needs to comply with existing as well as future EU legislation related to data flows, data localisation and source code, and that it guarantees sufficient policy space to regulate the digital realm; calls on all partners to fully engage in and support efforts to conclude negotiations by MC13;
Amendment 79 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the importance of regulating digital trade, as it currently accounts for 25 % of total trade, both at multilateral and plurilateral level; supports the efforts to find a fair and permanent solution formaking the WTO moratorium on customs duties on electronic transmissions related to the moratoriumpermanent; welcomes and supports the broad membership, ambitious negotiating agenda and progress made to date in the WTO plurilateral negotiations on e- commerce; highlights the importance of the free flow of electronic transmissions, which are fundamental to digital trade and reduce trading costs, increase consumer welfare as well as export competitiveness, and bring significant benefits, particularly to SMEs and developing countries; recalls its position that a potential agreement needs to guarantee market access for e- commerce-related goods and services in third countries, as well as the protection of consumer and labour rights, and facilitate business innovation; stresses that a potential agreement on e-commerce needs to comply with existing as well as future EU legislation related to data flows, data localisation and source code, and that it guarantees sufficient policy space to regulate the digital realm; calls on all partners to fully engage in and support efforts to conclude negotiations by MC13;
Amendment 12 #
2023/2043(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas digital services, including social media, are radically changing society and bringing positive effects such as increased efficiency, simplification, time and cost savings, connectedness, accessibility and leisure. Social media also allows children and young people to learn about and appreciate different perspectives and worldviews, as well as to build knowledge and explore areas of interest; whereas digitisation and social media also pose new challenges to society and require policy attention to both physical and mental health risks associated with the use of online services;
Amendment 14 #
2023/2043(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas behaviour modification need not necessarily be negative and apps can help us become more productive or exercise more, for example. Apps can solve specific problems, streamline things and make life easier, as illustrated by traffic, banking or translation apps; whereas the likelihood of addiction is many times higher with social media apps, since many of them are commercially designed to make us interact with the platform as much as possible; whereas commercial success and ethical app development are not mutually exclusive;
Amendment 18 #
2023/2043(INI)
Ba. whereas more and ongoing research is needed into the correlation between social media and health, especially the impact of social media on mental health; whereas research on the link between screen use and physical health is robust, identifying a clear link between increased screen use and nearsightedness, decreased motor skills and poor sleeping habits; whereas the effects of social media on mental health are difficult to isolate and are also related to a person's physical environment, personal characteristics and possible vulnerabilities. What may have a positive impact on one person's health may actually be harmful to the health of another person;
Amendment 19 #
2023/2043(INI)
Motion for a resolution
Recital C
Recital C
C. whereas internet-use-related addiction displayscan have similar side effects to substance-related addictions, including evidence of tolerance and relapsewith problematic internet use encompassing a spectrum from mild to severe problems, including addiction; whereas strict regulation exists for addictive products, such as drugs, alcohol, tobacco and gambling to prevent addiction and protect consumers from harm; whereas problematic smartphone or internet use has been linked to lower life satisfaction and mental health symptoms such as depression, low self-esteem, body-image disorders, eating disorders, anxiety, high levels of perceived stress, neglect of family and friends, loss of self-control, lack of sleep and obsessive-compulsive symptoms, such as compulsive buying among young adults; whereas the fact that many young people refer to themselves as 'addicts' indicates growing awareness; whereas the effects of the online environment on mental health are difficult to isolate and more research is emerging about a causal relationship - cause and effect - between online presence and mental health; whereas heavy users of digital media are twice as likely to have mental- health issues, including risk factors for suicide and self-harm; whereas children and young people are more vulnerable to these symptoms; whereas mental-health conditions established in childhood can shape an individual’s subsequent life course; whereas excessive internet use is associated with problems with daily obligations, declining grades, poor school and academic performance or poor job performance;
Amendment 24 #
2023/2043(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the behavioral design of certain social media apps causes our attention to be constantly drawn away, with the result that we actually multitask far too much and lose focus; whereas it is crucial to make people aware of the importance of monotasking, concentration and self-regulation;
Amendment 26 #
2023/2043(INI)
Motion for a resolution
Recital D
Recital D
D. whereas according to some research, excessive screen time or problematic use impacts brain development; whereas increases in social media use problems are linked to attention deficits, shorter attention spans, impulsiveness and attention deficit hyperactivity disorder (ADHD) symptoms; whereas intensive social media use has been associated with lower levels of grey matter in certain areas of the brain, just as is the case with other addictive substances, such as alcohol and heroin; whereas excessive screen time (more than 2-3 hours a day in front of a screen) can have effects on neurodevelopment, learning and memory, and the sedentary lifestyle linked to time spent on electronic media brings a potential increased risk of early neurodegeneration;
Amendment 27 #
2023/2043(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 32 #
2023/2043(INI)
Motion for a resolution
Recital E
Recital E
E. whereas addictive design can be seen to have a negative impact on everyone, not just individuals showing problematic usage patterns; whereas addictive design, especially of smartphones and social media, makes it hard to focus on the task in hand owing to distractions such as messages and notifications constantly disrupting peoples’ concentration, even at school or while driving; whereas the addictive design of online services leads to increased pressure to perform and social pressure to be permanently online and connected, increasing the risk of stress and burnout; whereas consumers online are increasingly confronted with an information overload and excessive sensorial stimuli throughout the day, constraining their cognitive ability, and user interfaces offer only limited control over their data; whereas the time people spend behind screens is time not spent being physically active, moving, being outside, or shutting down and relaxing, all of which are associated with physical and mental well-being; whereas adolescents who spend a small amount of time on electronic communication are generally the happiest; whereas people that stop using social media for a week experience significant improvements in well-being;
Amendment 45 #
2023/2043(INI)
Motion for a resolution
Recital I
Recital I
Amendment 49 #
2023/2043(INI)
Motion for a resolution
Recital J
Recital J
J. whereas recommender systems, which are based both on personalisation and on interaction such as clicks and likes, represent an important persuasive, addictive or behavioural design feature; whereas such recommender systems are solely aimed at keeping users on the platform and cause harm both to them and society at large; whereas the Digital Services Act (Regulation (EU) 2022/2065), applicable as of 17 February 2024, has introduced important transparency obligations regarding recommendation systems used by online platforms that also enable users to make more conscious choices in their use of online services; whereas the AI Regulation currently on the negotiating table may provide a further opportunity to regulate manipulative social-media practices through algorithms; whereas legislative consistency must always be ensured;
Amendment 52 #
2023/2043(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the addictive design features outlined above cannot be solved simply by imposing time-limits on online services, as this approach shifts the burden onto the individual instead of addressing the core issue of the intentionally addictive design of online services for profit; whereas none of the ‘solutions’ platforms have implementedit is nevertheless crucial to focus on media literacy, awareness and self- regulation; whereas not all social media can be lumped together and initiatives do exist to varying degrees within the industry to work towards a more ethical design; whereas, however, these initiatives have not led to a serious change or decrease in usain usage of certain very large of online serviceplatforms; whereas teenagers do not readily accept parental regulation of their social media use and often find it easy to bypass any technical constraints imposed; whereas thorough policies are needed to protect minors from addictive behavioral design on social media, in which context thought needs to be given to introducing an obligation for internet service providers and manufacturers of Internet-enabled devices to provide user-friendly parental controls, more conclusive monitoring systems as well as a general digital platform which parents and educators can consult for information about the dangers of excessive internet use and how to communicate about the issue with children and young people;
Amendment 57 #
2023/2043(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Digital Services Act (DSA) introduces provisions against the use of ‘dark patterns’ but these are limited to choice architecture and influences choices and do not address behavioural design that is addictive per se, moreover they are limited in scope as they only apply to online platforms, not to all online services; whereas the Digital Services Act also introduced important transparency obligations regarding recommendation systems used by online platforms that also enable users to make more conscious choices when using online platforms; whereas the AI Act4 seeks to ban AI systems that deploy subliminal features but is limited to systems that ‘are purposefully manipulative or deploy deceptive techniques’; whereas this AI Regulation currently on the negotiating table may provide a further opportunity to regulate manipulative social-media practices through algorithms; whereas legislative consistency must always be ensured; _________________ 4 Proposal for a regulation laying down harmonised rules on artificial intelligence (artificial intelligence act) (COM(2021)0206).
Amendment 64 #
2023/2043(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas it is crucial to have a broad and open debate on desirable policy options with regard to the addictive design of online services, involving all stakeholders, including policy makers, academics and researchers from a wide range of disciplines, industry and both adult and youth users;
Amendment 70 #
2023/2043(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is alarmed that certain platforms and other tech companies exploit psychological vulnerabilities to design digital interfaces for commercial interests that maximise the frequency and duration of user visits, so as to prolong the use of online services and to create engagement with the platform; stresses that addictive design can cause psychological, physical and material harm to consumers; calls on the Commission to urgenexamine and, where necessary, adequately and promptly close existing regulatory gaps with regard to consumer vulnerabilities, dark patterns and addictive features of digital services;
Amendment 76 #
2023/2043(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that despite itsthe legislative efforts in the digital field, such as the DSA or the AI Act, it needs to be ascertained whether the issue of addictive design is not sufficiently coveraddressed in existing and pending EU legislation, and if unaddressed could lead to further deterioration; considers that in the areabsence of pubolic health, especially affecting minors; considers that if the topic gets further delayed, Parliament should use its right of legislative initiativey initiatives in this regard, Parliament should take the lead;
Amendment 82 #
2023/2043(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to present legislation against addictive designexamine whether and what policy initiatives are necessary and appropriate to address addictive design of online services; urges the Commission in its review of the Unfair Commercial Practices Directive5 (UCPD), Consumer Rights Directive6 and Unfair Contract Terms Directive7 (Fitness check) to pay particular attention to and tackle the growing issues around the addictive and manipulative design of online services; calls for this to be done while ensuring legislative consistency; _________________ 5 Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22). 6 Directive 2011/83/EU of 25 October 2011 on consumer rights (OJ L 304, 22.11.2011, p. 64). 7 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 89 #
2023/2043(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the Commission study on unfair commercial practices in the digital environment has found that transparency provisions against dark patterns and manipulative personalisation practices both for average and vulnerable consumers are insufficient to counter the negative consequences; calls on the Commission to prohibit examine whether most harmful practices, which are not yet blacklisted in Annex I of the UCPD or other EU legislation exist, and to impose a fair/neutral design obligation on tradersascertain whether these practices need to be prohibited;
Amendment 93 #
2023/2043(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the Commission assessment on taxonomies of dark patterns clarifies that certain addictive design features are not taken into account in the current legislation, including the infinite scroll and the default auto play function present in services such as YouTube, Netflix, and Spotify; stresses that other addictive design features such as interaction-based recommender systems, constant push notifications or read receipt notifications are not covered by existing legislation either; welcomes the fact that the Digital Services Act requires online platforms to be transparent about the key parameters used in their recommendation systems and, where different options are available for recommendation systems that determine the order of information displayed, also to provide a function that allows users to select and change their preferred option at any time; recalls that the Commission in its Guidance on the interpretation of the Unfair Commercial Practices Directive expressed concern over uncertainty regarding the rules applicable to addictive interface designs;
Amendment 101 #
2023/2043(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a bann examination to be carried out into the desirability of a ban for under-16s on interaction-based recommender systems, in particular hyper- personalised systems that are designed to be addictive and keep users on the platform as long as possible rather than to serve users information in a more neutral manner; further calls for an examination of whether and to what extent an obligation not to use interaction-based recommendation systems 'by default' is desirable, while allowing the user to choose such a recommendation system in any case, potentially with a mandatory accompanying warning of the dangers of this system; underlines that it is evident from whistle-blowers’ testimonies that safer alternative recommender systems are possible, such as those based on chronological order, those with more real user control over the content is displayed or those based on more secure settings, but that these alternatives are less profitable for social-media platforms;
Amendment 108 #
2023/2043(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Demands that, in its legislation on addictive design, the Commission puts forward consideration be given to a digital ‘right not to be disturbed’ including design that would turn all attention seeking features off by default; where the user can choose to activate such features, possibly with an attached mandatory warning of the potential dangers of such features;
Amendment 111 #
2023/2043(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission to promote and ensure ethical design of online services and examine where and what policy initiatives are needed; calls on the Commission to create a list of good practices of design features that are not addictive or manipulative and ensure users are fully in control and can take conscious and informed actions online without facing an information overload; stresses that policy actions in this area should not place a burden on consumers but address the harm caused by the businesses; notes the best practices of ‘think before you share’, turning all notifications off by default, more neutral online recommendations, such as those based on chronological order or increased user-control, up-front choice between colour and greyscale apps, or warnings when users have spent more than 15 minutes or 30 minutes on a specific service, an automatic locking of certain online services when minors have used that service for a given period of time, with a PIN code being required to continue use, a restriction on the times during which minors can use certain online services, or weekly summaries of total screen time, further broken down by online service;
Amendment 23 #
2023/0129(COD)
Proposal for a Regulation
Recital 3
Recital 3
(3) The possibility of using compulsory licences as a last resort in situations of national emergency or other circumstances of extreme urgency is explicitly envisaged under the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’)3 if an unsuccessful attempt has been made to acquire a voluntary licence at reasonable terms and conditions and within a reasonable period of time. __________________ 3 OJ L 336, 23.12.1994, p. 214
Amendment 36 #
2023/0129(COD)
Proposal for a Regulation
Recital 29
Recital 29
(29) A Union compulsory licence issued as a last resort in the context of a Union crisis or emergency mechanism should only be granted to supply the internal market with crisis- relevant products. Therefore, it should be prohibited to export products manufactured under a Union compulsory licence.
Amendment 38 #
2023/0129(COD)
Proposal for a Regulation
Recital 30
Recital 30
(30) Customs authorities should ensure, through a risk analysis approach, that products manufactured under a Union compulsory license are not exported. To identify such products, the main source of information to feed such customs risk- analysis should be the Union compulsory license itself. Information on each implementing act granting or modifying a Union compulsory license should thus be entered in the Electronic Customs Risk Management System (CRMS) referred to in Article 36 of Commission Implementing Regulation (EU) 2015/244710 . When customs authorities identify a product that is suspected not to comply with the export prohibition, they should suspend the export of that product and notify the Commission immediately. The Commission should reach a conclusion on the compliance with the export prohibition preferably within 10 working days, but should also have the possibility of requiring the customs authorities to maintain the suspension where necessary. To help its assessment the Commission mayshould consult the relevant rights-holder. Where the Commission concludes that a product does not comply with the export prohibition, customs authorities should refuse its export. __________________ 10 Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).
Amendment 61 #
2023/0129(COD)
Proposal for a Regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Where customs authorities identify a product that may fall under the prohibition laid down in Article 11, they shall suspend its export. Customs authorities shall immediately notify the Commission of the suspension and provide it with all relevant information to enable it to establish whether the product was manufactured under a Union compulsory license. To assess whether the suspended products correspond to the Union compulsory license, the Commission mayshall consult the relevant rights-holder.
Amendment 2 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies, electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, nuclear energy technologies including small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
Amendment 3 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, nuclear energy technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 8 #
2023/0081(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additional criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental and innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability and resilience in relation to a series of indicative criteria relating to the tender’s environmental sustainability, innovation, system integration and to resilience.
Amendment 14 #
2023/0081(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) For the purposes ofThe sustainability and resilience contribution takingen into account within ain public procurement procedure of the need to diversify sources of supply of net-zero technologies away from single sources of supply within the meaning of Article 19 (2), and without prejudice to the Union’s international commitments, the supply should at least be deemed insufficiently diversified where a singleof strategic net-zero technology focuses, with regard to the resilience criterion, on security of supply, in particular on diversification of sources of supplies for more than 65% of the demand for a specific net-zero technology within the Uniony, without prejudice to the Union’s international commitments.
Amendment 18 #
2023/0081(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) The tender’s contribution to sustainability and resilience are in no way to be used by contracting authorities or contracting entities to favour national suppliers over suppliers from other EU Member States.
Amendment 25 #
2023/0081(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) The European industrial agenda is not protectionist. The EU must be and remain the guardian of rules-based trade. The motto is ‘to protect without protectionism’: protecting our people, jobs and industry, without being protectionist. We act decisively against dumping in our internal market and do not tolerate unfair competition. At the same time, the EU closely monitors the proper functioning of the internal market and ensures there is a level playing field.
Amendment 32 #
2023/0081(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Regarding external aspects, in particular regarding emerging markets and developing economies, the EU will seek win-win partnerships in the framework of its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain as well as to partner countries’ efforts to pursue twin transition and develop local value addition. These partnerships should be underpinned by ambitious trade and investments agreements, international partnerships concerning net-zero technologies or the Cleantech Alliance.
Amendment 34 #
2023/0081(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third- country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefits. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regionsshould in no way distort the level playing field within the internal market and aid amounts should be strictly proportionate. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA, especially to the detriment of small(er) and less wealthy Member States. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes. The EU closely monitors and evaluates the impact and consequences of this temporary framework, particularly as regards the proper functioning of the internal market. A distortion of the proper functioning of the internal market cannot in any way be overcome by a European fund. Taking on new European debt is out of the question.
Amendment 35 #
2023/0081(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) A European Sovereignty Fund would provide a structural answer to the investment needs, but no new European debt will be taken on for this. It will help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including net- zero technologies. This structural instrument will build on experience of coordinated multi-country projects under the IPCEIs and seek to enhance all Member States’ access to such projects, thereby safeguarding cohesion and the Single Market against risks caused by unequal availability of State Aid. The temporary flexibility provided by the State aid rules should not in any way interfere with the level playing field within the internal market and be used as justification for new European debt. The unity of the internal market and the equality of Member States must be closely monitored, with a particular focus on small(er) Member States.
Amendment 36 #
2023/0081(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to reduce complexity and increase efficiency and transparency, project promoters of net-zero technologies manufacturing projects should be able to interact with a single national or federal authority responsible for coordinating the entire permit granting process and issuing a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority or one competent authority per federal State, in line with the basic constitutional structures of the Member States as guaranteed by Article 4(2) TEU. Depending on a Member State’s internal organisation, it should be possible for the tasks of the national or federal competent authority to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of their responsibilities, Member States should provide their national or federal competent authorityies, or any authority acting on their behalf, with sufficient personnel and resources.
Amendment 37 #
2023/0081(COD)
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63a) Far from choosing the path of state dirigisme, the European Union recognises the need for supple governments that create a stable legal framework that provides legal certainty to businesses and encourages investment. Competitiveness and completion of the internal market, including a capital union, are two absolute policy priorities. There is also a need for a further shift in the EU budget, allocating more resources for innovation, research and development. The EU needs a proactive welfare and jobs agenda, which also benefits open economies.
Amendment 38 #
2023/0081(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Building on previous experiences, such as the EU Pact for Skills and the European Battery Alliance, European Net- Zero Industry Academies should support the Member States in developing and deploying education and training content to upskill and reskill workers required for key net-zero technology value chains, such as solar photovoltaic and solar thermal technologies, renewable hydrogen technologies and raw materials. The academies would aim to enable the training and education of 100.000 learners each, within three years of their establishment, to contribute to the availability of skills required for the net-zero technologies, including in small and medium-sized enterprises. That content should be developed and deployed with education and training providers in Member States, relevant Member States authorities and social partners. Education and training providers, industry and other actors involved in up- and reskilling in the Member States, such as Public Employment Services, should deliver the content produced by the academiesEducation and training providers, industry, social partners and other actors involved in up- and reskilling in the Member States, such as Public Employment Services, should develop and deploy the content. To this end, European academia shall support Member States and fully respect Member States’ competences as regards (vocational) training, in accordance with Articles 165 and 166 TFEU. To ensure skills transparency and portability and the mobility of workers, the European Net- Zero Industry Academies will develop and deploy credentials, including micro- credentials, covering learning achievements. They should be issued in the format of European credentials for learning and could be integrated in EUROPASS and, where relevant, included in National Qualifications Frameworks. Member States are encouraged to support the continuous reskilling and upskilling offered via the academies and the relevant education and training providers in their territories through national programmes and Union funding, including from the European Social Fund Plus, the Recovery and Resilience Facility, the European Regional Development Fund, the Just Transition Mechanism, the Modernisation Fund and the Technical Support Instrument. The Net-Zero Europe Platform should assist in guiding the work of the Academies and providing oversight.
Amendment 39 #
2023/0081(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) Where the learning programmes developed by the European net-zero industry academies lead to credentials that would be of assistance to persons seeking access to a profession that is regulated, Member States should, in order to facilitate the mobility in strategic net-zero industry professions and when they deem there to be equivalence, accept these credentials as sufficient proof of the knowledge, skills and competences to which they attest.
Amendment 40 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zerocurrent and future net-zero technologies and energy efficiency technologies in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies needed to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality jobs.
Amendment 41 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. The Commission shall regularly review the list of net-zero and strategic net-zero technologies, and do so at least every two years. It shall focus in that regard on the contribution of technologies to the EU’s objectives in the areas of transition to climate neutrality, energy efficiency, sustainability, environmental protection and circular economy.
Amendment 43 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors,nuclear-energy technologies and related best-in-class fuels; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. __________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in 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 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 46 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. By …[3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authority or one authority per competent federal state which shall be responsible for facilitating and coordinating the permit-granting process for net-zero technology manufacturing projects, including for net-zero strategic projects, and to provide advice on reducing administrative burden in line with Article 5.
Amendment 47 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The national or federal competent authority referred to in paragraph 1 shall be the sole point of contact for the project promoter in the permit-granting process leading to a comprehensive decision for a given project and shall coordinate the submission of all relevant documents and information.
Amendment 48 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. The responsibilities of the national or federal competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, for any given project, provided that:
Amendment 49 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The national or federal competent authority shall take into consideration any valid studies conducted, and permits or authorisations issued, for a given project before the project entered the permit-granting process in accordance with this Article and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 49 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactorstechnologies for nuclear energy and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
Amendment 50 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The national or federal competent authority shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit-granting process and the issuance of permits to construct or expand projects, including, where applicable, alternative dispute resolution mechanisms.
Amendment 51 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that the national competent authority responsible for the entire permit-granting processes, including all procedural steps, has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation.
Amendment 52 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The Platform referred to in Article 28 and 29 shall periodically discuss the implementation of this Section and Articles 12 and 13 and share best-practices for organising national competent authorities and speeding up permitting procedures.
Amendment 54 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, technologies for nuclear energy, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 56 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Applications for recognition of net- zero technology projects as net-zero strategic projects shall be submitted by the project promoter to the relevant Member State. The Member State shall communicate the application to the European Commission, which shall provide relevant data and information to the Member State within one month and assist the Member State in the evaluation process.
Amendment 57 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) a concise business plan evaluating the financial viability of the project consistent with the objective of creating quality jobs. The Net-Zero Europe Platform shall provide a template for the business plan.
Amendment 57 #
2023/0081(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Union has helped build a global economic system based on open, fair and rules-based trade, pushed for respecting and advancing social and environmental sustainability standards, and is fully committed to those values. The Union should build up international partnerships concerning net-zero technologies so as to enhance our competitiveness at a global level. A diversification of supply chains in these technologies will reduce our dependencies. The Union should engage with third countries in an open manner by pursuing an ambitious, sustainable trade policy (including tariff reductions, non- tariff barriers and regulatory cooperation), developing technical standards in net-zero technologies and promoting them in relevant (international) fora.
Amendment 58 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
Article 11 – paragraph 2 – point b a (new)
(ba) An initial estimate of a timetable for the project so that it can be estimated when the project can contribute to the benchmark for domestic capacity or for CO2 storage.
Amendment 61 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Where the Commission, following its assessment in accordance with paragraph 4, confirms the rejection of the application by the Member State, it shall notify the applicant of its conclusion in the form of a letter. The project promoter shall have the right to resubmit the application six months after the initial rejection if significant improvements have been made to the application, account having been taken of the comments made. Where the Commission differs in its assessment from the Member State, the Net-Zero Europe Platform shall discuss the project in question.
Amendment 74 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The tender’s sustainability and resilience contribution shall be based ontake account of the following cumulindicative criteria which shall be objective, transparent and non- discriminatory:
Amendment 78 #
2023/0081(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) The European industrial agenda is not protectionist. The EU must be and remain the guardian of rules-based trade. The guiding principle is 'to protect without protectionism': to protect our people, jobs and industry, without being protectionist. We take firm action against dumping and do not tolerate unfair competition. At the same time, the EU closely monitors the proper functioning and global level playing field.
Amendment 82 #
2023/0081(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) As indicated in the Communication on the Green Deal Industrial Plan for the Net-Zero Age, published on 1 February 2023, the Union’s industry’s market shares are under strong pressure, due to subsidies in third countries which undermine a global level playing field. This translates in a need for a rapid and ambitious reaction from the Union in modernising its legal framework. In addition, to maintain competitiveness at a global level and assume a leadership role in technology development and strongly anchor the industry in the net-zero age, it is essential that the EU invests in research and innovation, in efficient and interconnected infrastructures, in automation, in digitization, as well as in energy- and resource-efficiency. Notably, attaching particular attention to small and medium-sized enterprises (SMEs) will be a crucial component for achieving success.
Amendment 85 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
(d) the tender’s contribution to resilience, taking into account the proportion of the products originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council72, from which more than 65% of the supply for that specific net-zero technology within the Union originates in the last year for which data is available for when the tender takes place. __________________ 72 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1). and security of supply, in particular diversification of supply channels
Amendment 97 #
2023/0081(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to reduce complexity and increase efficiency and transparency, project promoters of net-zero technologies manufacturing projects should be able to interact with a single national or regional authority responsible for coordinating the entire permit granting process and issuing a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national or regional competent authority in line with their constitutional organisation, as enshrined in article 4, paragraph 2, TEU. Depending on a Member State’s internal organisation, and allowed by their constitutional organisation it should be possible for the tasks of the national or regional competent authority s to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of their responsibilities, Member States should provide their national or regional competent authority, or any authority acting on their behalf, with sufficient personnel and resources.
Amendment 104 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. The tender’s contribution to sustainability and resilience shall in no way be used by contracting authorities or contracting entities to favour national suppliers over suppliers from other Member States.
Amendment 105 #
2023/0081(COD)
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63a) The absence of progress towards the objectives may indicate the need for adopting additional measures. The Commission should therefore monitor the progress towards those objectives. The Commission should also monitor the international context influencing the implementation of this Regulation referred to in recital 39.
Amendment 118 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) developWhile fully respecting Member State competences as regards (vocational) training in accordance with Articles 165 and 166 TFEU, Member States shall support the development of learning programmes, content and learning and training materials for training and education on developing, producing, installing, commissioning, operating, maintaining and recycling net- zero technologies, on raw materials, as well as to support the capacities of public authorities competent to issue permits and authorisations referred to in Chapter II and contracting authorities referred to in Chapter IV of this Regulation;
Amendment 121 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 5
Article 25 – paragraph 1 – point 5
Amendment 127 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 132 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. The Commission shall regularly, and every two years at least, review and update the list/annex of "net-zero technologies" and "strategic technologies" by means of delegated acts, with active industry involvement. The Commission shall focus on the contribution of the technology to the EU's goals of transition to climate neutrality, energy efficiency, sustainability, environmental protection and circular economy. The Commission shall mandate the Net-Zero Europe Platform to establish a clear set of criteria for selecting “net- zero technologies” and “strategic net-zero technologies’’ that enable the net-zero transition.
Amendment 138 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors,nuclear energy and related best- in-class fuels; carbon capture, utilisation, and storage technologies; and energy- system related energy efficiency technologies and enabling technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in 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 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 141 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘component’ means a smallnufactured part of a net-zero technology that is manufactured and traded by a company starting from processed materialsend-product;
Amendment 142 #
Amendment 143 #
Amendment 153 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. By …[3 months after the date of entry into force of this Regulation], Member States shall designate one national or regional competent authority which shall be responsible for facilitating and coordinating the permit-granting process for net-zero technology manufacturing projects, including for net-zero strategic projects, and to provide advice on reducing administrative burden in line with Article 5.
Amendment 157 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The national or regional competent authority referred to in paragraph 1 shall be the sole point of contact for the project promoter in the permit-granting process leading to a comprehensive decision for a given project and shall coordinate the submission of all relevant documents and information.
Amendment 160 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. The responsibilities of the national or regional competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, for any given project, provided that:
Amendment 168 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The national or regional competent authority shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit-granting process and the issuance of permits to construct or expand projects, including, where applicable, alternative dispute resolution mechanisms.
Amendment 171 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that the national or regional competent authority responsible for the entire permit-granting processes, including all procedural steps, has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation.
Amendment 174 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The Platform referred to in Article 28 and 29 shall periodically discuss the implementation of this Section and Articles 12 and 13 and share best-practices for organising national or regional competent authorities and speeding up permitting procedures.
Amendment 275 #
2023/0081(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) organise awareness raising activities about the Act’s objectives in general and in particular about the participation to the regulatory sandboxes by small and medium enterprises;
Amendment 281 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. The Platform shall advise the Commission in defining clear criteria for selecting future technologies that enable the net-zero transition.
Amendment 310 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Platform shall be composed Member States and of, the Commission and will regularly consult relevant industry stakeholders . It shall be chaired by a representative of the Commission.
Amendment 339 #
Amendment 340 #
Amendment 341 #
Amendment 85 #
2023/0079(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to reduce complexity and increase efficiency and transparency in permitting process, project promoters of critical raw materials projects should be able to interact with a single national or regional authority, which is responsible for facilitating and coordinating the entire permit granting process and in the case of Strategic Projects shall issue a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national or regional competent authority. Where needed in light of a Member State's internal organisation, the tasks of the nat in line with their constitutional organisation, as enshrined in article 4, paragraph 2, TEU. Where needed in light of a Member State's internal organisation, and allowed by their constitutional organisation the tasks of the single national or regional competent authority should be able to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of its responsibilities, Member States should provide their national competent authority, or any authority acting on its behalf,ies with sufficient personnel and resources.
Amendment 86 #
2023/0079(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure clarity about the permitting status of Strategic Projects and to limit the effectiveness of potential abusive litigation, while not undermining effective judicial review, Member States should ensure that any dispute concerning the permit granting process for Strategic Projects is resolved in a timely manner. To that end, national competent authorities should ensure that applicants and project promoters have access to simple dispute settlement procedure and that Strategic Projects are granted urgent treatment in all judicial and dispute resolution procedures relating to the projects. In addition, this regulation shall facilitate the exchange of best practices to resolve disputes, such as ad-hoc working groups under neutral arbiters to solve open issues.
Amendment 95 #
2023/0079(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure that they are sufficiently prepared to face supply disruptions, large companies manufacturing strategic technologies in the Union usingoperating in sectors using a substantial share of strategic raw materials should audit their supply chains and report accordingly to their board of directors. This will ensure that they take into account the supply risks of strategic raw materials and develop appropriate mitigation strategies to be better prepared in the event of a supply disruption. Similarly, the large companies falling within this scope should run regular stress tests of their strategic raw materials supply chains to ensure that they consider all different scenarios that may affect their supply in the event of a disruption. These measures will lead to additional considerations being given to the costs of potential supply risks.
Amendment 114 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii a (new)
Article 1 – paragraph 2 – point a – point iii a (new)
Amendment 124 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Where, based on theNot later than 6 months after publication of this regulation, the Commission is required to publish a report outlining its methodology for applying these benchmarks to each strategic raw material, quantifying the level of investment required per material and the main bottlenecks to be overcome. Where, based on this initial report or the additional three-year progress report referred to in Article 42, the Commission concludes that the Union is likely not to achieve the objectives set out in paragraph 2, it shall assess the feasibility and proportionality of proposing measures or exercising its powers at Union level in order to ensure the achievement of those objectives. Member States are also required to prepare national Raw Materials plans detailing their actions to contribute to the Critical Raw Materials Act benchmarks, for submitting to the European Commission by end-2025.
Amendment 127 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The Commission shall take into account the objectives and benchmarks laid down in paragraph 2, point a(iii), as related Union priorities in all relevant EU legislation, including within the meaning of Article 5(4)(a)(i) of Regulation XX/XXXX [OP please insert: the Ecodesign for Sustainable Products Regulation], when preparing ecodesign requirements to improve the following product aspects: durability, reusability, reparability, resource use or resource efficiency, possibility of remanufacturing and recycling, recycled content and possibility of recovery of materials; and including within the REACH Regulation when defining measures for safe production and use of targeted strategic raw materials.
Amendment 136 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘permit granting process’ means a process covering all relevant administrative permits to plan, build and operate the Strategic Projects referred to in Article 5, including building, chemical and grid connection permits and environmental assessments and authorisations where these are required, and encompassing all administrative applications and procedures from the acknowledgment of the validity of the application to the notification of the comprehensive decision on the outcome of the procedure by the responsible national or regional competent authority referred to in Article 8(1);
Amendment 137 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘comprehensive decisdecision on the permit application’' means the decision or set of decisions taken by Member State authorities not including courts or tribunals that determines whether or not a project promoter is authorised to implementbuild and operate a raw material project, without prejudice to any decision taken in the context of an administrative appeal procedure;
Amendment 144 #
2023/0079(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The raw materials listed in Annex I, Section 1 shall be considered strategic raw materials. For strategic raw materials that are a byproduct of other extraction or recycling processes, those main commodity operations shall also automatically qualify as strategic.
Amendment 185 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1
Article 6 – paragraph 6 – subparagraph 1
The Commission shall, taking account of the Board's opinion referred to in paragraph 4, adopt its decision on the recognition of the project as Strategic Project within 60 days and notify the applicant and the Member State or third country whose territory is concerned thereof.
Amendment 187 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. Where the Commission finds that a Strategic Project no longer fulfils the criteria set out in Article 5(1) or where its recognition was based on an application containing incorrect information, it may, taking into account the opinion of the Board and the responsible project promoter, repeal the decision granting a project the status of Strategic Project. The Commission shall provide justifications for its decision.
Amendment 202 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP please insert: 39 months after the date of entry into force of this Regulation], Member States shall designate one national or regional competent authority which shall be responsible for facilitating and coordinating the permit- granting process for critical raw material projects and provideing information on the elements referred to in Article 17.
Amendment 203 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The national or regional competent authority referred to in paragraph 1 shall be the sole point of contact for the project promoter in the permit granting process leading to a comprehensive decision for a given critical raw material project and shall coordinate the submission of all relevant documents and information.
Amendment 205 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The responsibilities of the national or regional competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, for each critical raw material projects, provided that:
Amendment 207 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the national or regional competent authority referred to in paragraph 1 notifies the project promoter of that delegation;
Amendment 209 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The national or regional competent authority referred to in paragraph 1 shall take into consideration any valid studies conducted and permits or authorisations issued for a given critical raw material project before the project entered the permit granting process in accordance with this Article, and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 211 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The national or regional competent authority referred to in paragraph 1 shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit granting process and the issuance of permits for critical raw materials projects, including, where applicable, alternative dispute resolution mechanisms. The Board shall share and discuss best practices including from other relevant mining regions ensuring structured and predictable formats.
Amendment 213 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Member States shall ensure that the national or regional competent authority referred to in paragraph 1 has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation.
Amendment 216 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 8 – point b
Article 8 – paragraph 8 – point b
(b) where relevant, propose to the Commission guidelines for the implementation of this Section to be taken into account by national or regional competent authorities referred to in paragraph 1.
Amendment 217 #
2023/0079(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the national competent authority referred to in Article 8(1) may extend the time limits referred to in paragraph 1, point (a), and 2, point (a), by a maximum of 3 months and the time limits referred to in paragraph 1, point (b), and 2, point (b), by a maximum of 1 month, before their expiry and on a case- by-case basis. In that event, the national or regional competent authority referred to in Article 8(1) shall inform the project promoter of the reasons justifying the extension and of the date when the comprehensive decisdecision on the permit application is expected in writing.
Amendment 218 #
2023/0079(COD)
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
No later than one month following the receipt of a permit granting application related to a Strategic Project, the national or regional competent authority referred to in Article 8(1) shall validate the application or, if the project promoter has not sent all the information required to process an application, request the project promoter to submit a complete application within fourteen days from this request.
Amendment 219 #
2023/0079(COD)
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2
Article 10 – paragraph 5 – subparagraph 2
The date of the acknowledgement of the validity of the application by the national or regional competent authority referred to in Article 8(1) shall serve as the start of the permit granting process.
Amendment 220 #
2023/0079(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. No later than one month following the date of the acknowledgement of the validity of the permit granting application, the national or regional competent authority referred to in Article 8(1) shall draw up, in close cooperation with the project promoter and other authorities concerned, a detailed schedule for the permit granting process. The schedule shall be published by either the project promoter on the website referred to in Article 7(7) or by the national or regional competent authority referred to in Article 8(1) on a free access website.
Amendment 222 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Where an environmental impact assessment must be carried out for a Strategic Project in accordance with Articles 5 to 9 of Directive 2011/92/EU, the relevant project promoter shall request an opinion to the national or regional competent authority referred to in Article 8(1) on the scope and level of detail of the information to be included in the environmental impact assessment report under Article 5(1) of that Directive.
Amendment 224 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The national or regional competent authority referred to in Article 8(1) shall ensure that the opinion referred to in the first subparagraph is issued as soon as possible and within a period of time not exceeding 360 days from the date on which the project promoter submitted its request.
Amendment 226 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
In the case of Strategic Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Council Directive 92/43/EEC, Directives 2000/60/EC, 2008/98/EC, 2009/147/EC 2010/75/EU, 2011/92/EU or 2012/18/EU of the European Parliament and the Council, the national or regional competent authority referred to in Article 8(1) shall ensure that a coordinated or a joint procedure fulfilling the requirements of that Union legislation is applied.
Amendment 228 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Under the coordinated procedure referred to in the first subparagraph, the national or regional competent authority referred to in Article 8(1) shall coordinate the various individual assessments of the environmental impact of a particular project required by the relevant Union legislation.
Amendment 230 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
Under the joint procedure referred to in the first subparagraph, the national or regional competent authority referred to in Article 8(1) shall provide for a single assessment of the environmental impact of a particular project required by the relevant Union legislation.
Amendment 232 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The national or regional competent authority referred to in Article 8(1) shall ensure that the authorities concerned issue the reasoned conclusion referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment of a Strategic Project within three months of receiving all necessary information gathered pursuant to Articles 5, 6 and 7 of that Directive and completing the consultations referred to in Articles 6 and 7 of that Directive.
Amendment 259 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
The competent authorities of the Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available on a free access website. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 286 #
2023/0079(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Amendment 288 #
2023/0079(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 339 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The Board shall periodically discussNo longer than 1 year after entry into force, the Board shall publish a strategy report on the EU’s strategic partnerships, outlining:
Amendment 405 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 4 – subparagraph 2 – point c
Article 35 – paragraph 4 – subparagraph 2 – point c
(c) once a year (1) in order to discuss the progress of the implementation of Member State obligations linked to exploration set out in Chapter 3, Section 4, including in light of updates to the lists of critical or strategic raw materials and (2) in order to monitor and report on the added value and cost-effectiveness of the provisions under this Regulation as regards encouraging CRM strategic projects, development of CRM circular economy, taking into account EU-level and national climate and energy policies and measures.
Amendment 419 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board mayshall invite relevant economic operators, experts, other third parties or representatives of third countries to attend meetings of the standing or temporary sub- groups referred to in paragraph 6 as observers or to provide written contributions.
Amendment 430 #
2023/0079(COD)
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. The Commission shall provide a detailed methodology for the calculation of targets. The calculation of these targets shall be different for critical raw materials with existing domestic mining/refining/recycling capacities and for those with no current EU capacities. Individual targets should also be considered to take into account the level and evolution of domestic production and capacities.
Amendment 431 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – introductory part
Annex I – Section 1 – paragraph 1 – introductory part
The following raw materials shall be considered strategic, including their respective carrier metals and minerals with which these strategic raw materials are extracted:
Amendment 432 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point b
Annex I – Section 1 – paragraph 1 – point b
(b) Boron - metallurgy grade
Amendment 433 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point g
Annex I – Section 1 – paragraph 1 – point g
(g) Lithium - battery grade
Amendment 434 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point i
Annex I – Section 1 – paragraph 1 – point i
(i) Manganese - battery grade
Amendment 435 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point j
Annex I – Section 1 – paragraph 1 – point j
(j) Natural Graphite - battery gradand synthetic Graphite
Amendment 437 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point k
Annex I – Section 1 – paragraph 1 – point k
(k) Nickel - battery grade
Amendment 439 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p a (new)
Annex I – Section 1 – paragraph 1 – point p a (new)
(pa) Zinc
Amendment 47 #
2022/2188(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Agrees with the Commission that the horizontal and product-specific rules in the TCA are satisfactory and that product- specific rules should not be revisited beyond technical adaptations, as these rules strike a fair balance while contributing to the Union’s overarching objective of achieving strategic autonomy in essential sectors; calls, however, for reasonable solutions to be found with regard to the upcoming changes to the rules of origin for electric vehicles, given the difficulties encountered by EU manufacturers in sourcing parts, in particular batteries, from within the EU; calls on the UK and the EU, as like-minded partners, to explore both bilaterally and within the WTO new avenues for cooperation on the supply of raw materials, energy, the development and standard setting of net-zero technologies and other global trade issuesf emerging technologies and other global trade issues; believes that the development of a EU macro-region for the North Sea would incite closer EU-UK cooperation in this respect;
Amendment 54 #
2022/2188(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that as a consequence of a separate sanitary and phytosanitary (SPS) regulatory regime following its withdrawal from the EU, the UK is subject to all EU rules applicable to third countries not dynamically aligning with EU legislation; takes note of the fact that post-Brexit, the EU and UK remain important trading partners for agri-food products and that from January to October 2022, EU exports to the UK reached EUR 39.5 billion, a 15 % increase compared to 2021, while the UK was the third most important partner for the EU in terms of agri-food imports8 ; calls on the UK Government to considersupport an SPS agreement, as an alignment of this type would facilitate EU-UK agri-food trade, including trade between Great Britain and Northern Ireland; _________________ 8 ‘Monitoring EU agri-food trade’, European Commission, Directorate- General for Agriculture and Rural Development, Brussels, 2022, https://agriculture.ec.europa.eu/system/files /2023-01/monitoring-agri-food-trade- oct2022_en_1.pdf.
Amendment 56 #
2022/2188(INI)
23. Recalls that the TCA includes a chapter on the needs and interests of micro enterprises and small and medium-sized enterprises (SMEs); acknowledges that the administrative burden associated with adapting to the new regime for trade under the TCA has impacted particularly heavily on these business, which have fewer resources to adapt to new trading arrangements; calls upon both parties to establish a SME contact point to help SMEs to facilitate trade and minimize administrative burden;
Amendment 57 #
2022/2188(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Commends the ongoing work of the Trade Partnership Committee and of the specialised and trade-specialised committees, and urges the parties to fully explore their potential as bilateral bodies established under the TCA, which can address all implementation issues in a direct manner; invites the Commission to continue the good practice of keeping the European Parliament fully and immediately informed of the ongoing work of and developments in these committees; incites both parties to also focus future works of the Trade Partnership Committee on topics discussed in the Trade and Technology Council the EU has established with the US on the one hand, and with India on the other;
Amendment 68 #
2022/2188(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the amendment of the sunset clause in the Retained EU Law (Revocation and Reform) Bill which was and remains a cause of concern, and stresses that the European Parliament will continue following the legislative developments in the UK in this regard; calls for the strengthening of EU-UK regulatory cooperation to minimise likely divergences; calls on the Commission to continue to closely monitor regulatory divergences in the UK, which could pose a risk of non-compliance with the TCA, notably in areas relevant to the level playing field such as subsidy control, taxation, labour and social standards, the environment and climate; considers, in this context, that the active involvement of the business, SME and industry associations, DAG and the Civil Society Forum provides a valuable contribution to the process; highlights the particular challenge that monitoring and managing regulatory divergence poses for Northern Ireland;
Amendment 5 #
2022/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the new Industrial Strategy was updated to reflect the lessons learned from COVID-19, and that this strategy will be key to enhancing EU competitiveness and overcoming future challenges; recalls that a strong governance system and market surveillance are essential in order to relaunch the single market; calls on the Commission to put the proper functioning of the internal market and its further deepening at the heart of its policies and focus on ensuring that the industrial strategy helps remove single market barriers and avoid further fragmentation; stresses that the COVID-19 crisis and the war in Ukraine have highlighted the urgent need for a unified European energy, capital, digital and services market to increase our resilience and prosperity;
Amendment 18 #
2022/2008(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 19 #
2022/2008(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that the best relaunch measure is to complete the internal market; refers to estimates made by the European Commission that further improvements in the single market for industrial products could generate between EUR 183 billion and EUR 269 billion a year, while profits from further integration of services markets could reach EUR 297 billion a year, which alone would increase the economic benefits from 8-9% to around 12% of additional GDP; emphasises that the internal market is crucial for the competitiveness of the European Union and its businesses;
Amendment 32 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that effective public procurement will lead to more jobs, growth and innovative investmentpoints out that self-sufficiency is neither desirable nor feasible, but advocates diversification of supply chains, the creation of rolling strategic stocks and a policy that facilitates strategic re- and near-shoring; advocates openness in the world and defends the motto ‘to protect without protectionism’; stresses that effective public procurement will lead to more jobs, growth and innovative investments; encourages the EU to take as its starting point trust in people and businesses that are overwhelmingly bona fide and believes that the EU should guard against over-regulation and the imposition of unnecessarily heavy burdens on our businesses, especially our SMEs;
Amendment 45 #
2022/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates the need to enhancestrengthen open European strategic autonomy by investing in skills, digital infrastructures and key technologies such as AI, cybersecurity, 5G and 6G, microprocessors and semiconductors, high-performance computing and quantum technologies; points to the continuing need for shifts in the EU budget with much more funding for research and development; advocates smart and targeted investments with a long-term vision, cooperation among Member States, and a focus on a few specific areas to ensure that a leading role can be played in the world; states that oversight of the resources used is crucial; emphasises the importance of improving the availability of data and advocates a unified European data market; believes that the EU should work together with the United States to achieve compatible digital standards;
Amendment 59 #
2022/2008(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls the commitments to increase R&D investments to 3 % of GDP and to develop a single market for research and innovation; regrets that the EU average for R&D investment is only just over 2%, which is far below the level in the United States, Japan, South Korea and Israel; stresses that increased investment in research and development is an absolute necessity if the EU is to remain competitive; underlines that industrial alliances and public-private partnerships are important to develop breakthrough technologies; calls on the Commission to ensure consistency and synergy in all initiatives, funding and regulatory instruments supporting industry; regrets that too much funding in the EU still goes to small, short-term, fragmented and even overlapping projects;
Amendment 78 #
2022/2008(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises that European industrial policy must benefit all Member States and ensure that smaller Member States are not disadvantaged;
Amendment 20 #
2022/0068(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The Commission should keep both the Council and the Parliament informed in a timely manner and well in advance of developments that may lead to situations requiring the adoption of autonomous measures. Both the European Parliament and the Council should also be duly and timely informed of any event of non- cooperation and of the possible responses at the disposal of the Union to ensure a full and proper implementation of these Agreements, as well as the follow-up to any measures taken. The latter principle also applies in the event when urgent action is required.
Amendment 22 #
2022/0068(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure that this Regulation remains fit for purpose, the Commission should undertake, within fivthree years of its entry into force, a review of its scope and implementation and report its findings to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendment 27 #
2022/0068(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) the temporary suspension of the relevant preferential treatment of the product or products concerned as set out in Article 34 of the Trade and Cooperation Agreement;
Amendment 28 #
2022/0068(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) remedial temporary measures as set out in Article 469 of the Trade and Cooperation Agreement;
Amendment 29 #
2022/0068(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point l
Article 1 – paragraph 2 – point l
(l) temporary measures restricting trade, investment or other activities within the scope of the Trade and Cooperation Agreement, if adjudication is not possible because the United Kingdom is not taking the steps that are necessary for a dispute settlement procedure under that Agreement or the Withdrawal Agreement to function, including unduly delaying the proceedings amounting to non-cooperation in the process;
Amendment 32 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point b
Article 2 – paragraph 1 – subparagraph 1 – point b
(b) where the measure consists of the temporary suspension of an obligation under any of the agreements referred to in Article 1(1), to impose restrictions on trade, investment or other activities within the scope of the agreement concerned which would otherwise be precluded by the suspended obligation.
Amendment 33 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
Amendment 36 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. The measures to be adopted pursuant to paragraph 1 shall be determined on the basis of the following criteriatake into account the following criteria and any specific criteria established in those agreements in connection with the measures referred to in Article 1(2), in light of available information and of the Union's general interest:
Amendment 46 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered to amend, suspend or repeal the measures referred to in Article 1(2) by means of implementing acts. Where appropriate, tThose implementing acts shall specify the duration of the suspension.
Amendment 52 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Where there is a particular concern of one or more Member States, that or those Member States may request the Commission to adopt measures referred to in Article 1(2). If the Commission does not respond positively to such a request, it shall inform the European Parliament and the Council in a timely manner of its reasons.
Amendment 57 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. If, due to persisting significant divergences, rebalancing measures referred to in Article 1(2), point (c), of this Regulation last for more than a year, one or more Member States may request the Commission to activate the review clause provided for in Article 411 of the Trade and Cooperation Agreement. The Commission shall examine this request in a timely manner and shall consider seizing as appropriate the Partnership Council of that matter, in accordance with the provisions set out in the Trade and Cooperation Agreement. If the Commission does not respond positively to such a request, it shall inform the European Parliament and the Council in a timely manner of its reasons.
Amendment 68 #
2022/0068(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
By [Publications Office: Please insert the date fivthree years after the entry into force of this Regulation], the Commission shall present a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation.
Amendment 43 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughoutin the first link of their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s value chain,, the sector or the geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships in the first link, and whether the company could increase its power of influence. In addition, this Directive adopts a risk- based approach, which means that companies can set priorities in their diligence activities based on a previous analysis, taking account in particular of the nature and extent of adverse impacts and the urgency and likelihood with which these effects arise.
Amendment 48 #
2022/0051(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Adverse human rights and environmental impact occur in companies’ own operations, subsidiaries, products, and in their value chains, in particular at the level of raw material sourcing, manufacturing, or at the level of product or waste disposal. In order for the due diligence to have a meaningful impact,to achieve effective and workable due diligence, in a first phase it should cover only human rights and environmental adverse impacts generated throughout the life-cycle of production and use and disposal of product or provision of services, at the level of own operations, subsidiaries and in valueby the first link in the supply chain. Following evaluation of the impact of this Directive, taking account in particular of the consequences for SMEs, the economy, human rights and the environment, it may be appropriate to broaden the due diligence requirements to further links in the supply chains.
Amendment 50 #
2022/0051(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Intra-EU relationships should be excluded from the scope of this Directive, as very high standards already apply with respect to human rights and the environment in the EU.
Amendment 51 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 56 #
2022/0051(COD)
Proposal for a directive
Recital 19
Recital 19
(19) As regards rRegulated financial undertakings providing loan, credit, or other financial services, “value chain” with respect to the provision of such services should be limited to the activities of the clients should be excluded from the scope of this Direcetiving such servicese, ands the subsidiaries thereof whose activities are linked to the cony are already subject to straict in question. Clients that are households and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings, should not be considered to be part of the value chain. The activities of the companies or other legal entities that are included in the value chain of that client should not be coveredregulation in the field of sustainability.
Amendment 62 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 67 #
2022/0051(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, EU companies with more than 500 employees on average and a worldwide net turnover in the Union exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the Union in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103, should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 69 #
2022/0051(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selection of high-impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value chain and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liabilityThe Commission should, no later than two years after the entry into force of this Directive, issue guidance describing in more detail which high-risk parts of the stated sectors are considered to be high- impact.
Amendment 74 #
2022/0051(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and value chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 150 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million but less than EUR 150 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
Amendment 77 #
2022/0051(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights and prohibitions as enshrined in the international conventions as listed in the Annex to this Directive. In order to ensure a comprehensive coverage of human rights, aDue diligence should further encompass adverse environmental impacts resulting from the violation of aone of the prohibition or right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational context. Due diligence should further encompass adverse environmental impacts resulting from the violation of one of the prohibitions and obligations pursuant to thes and obligations pursuant to the international environmental conventions listed in the Annex to this Directive. There is a need for standards to be clear and applicable so that companies have sufficient legal certainty. Particular account should be taken here of the fact that most international environmental conventions listed in the Annex to this Directiveare addressed to governments.
Amendment 79 #
2022/0051(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to conduct appropriate human rights, and environmental due diligence with respect to their operations, their subsidiaries, and their value chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environmental impacts, establish and maintain a complaints procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
Amendment 81 #
2022/0051(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) This Directive is aimed at creating a level playing field and is intended to put an end to fragmentation in the internal market. It is crucial to the effectiveness of this Directive that uniform rules apply to businesses in the internal market. Therefore, Member States should not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of diligence.
Amendment 83 #
2022/0051(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To comply with due diligence obligations, companies need to take appropriate measures with respect to identification, prevention and bringing to an end adverse impacts. An ‘appropriate measure’ should mean a proportionate measure that is capable of achieving the objectives of risk-based due diligence, commensurate inter alia with the degree of severity, the extent and the likelihood of the adverse impact, the degree to which the company has contributed with its own operations, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action. In this context, in line with international frameworks, the company’s influence over a business relationship should include, on the one hand its ability to persuade the business relationship to take action to bring to an end or prevent adverse impacts (for example through ownership or factual control, market power, pre-qualification requirements, linking business incentives to human rights and environmental performance, etc.) and, on the other hand, the degree of influence or leverage that the company could reasonably exercise, for example through cooperation with the business partner in question or engagement with another company which is the direct business partner of the business relationship associated with adverse impact.
Amendment 88 #
2022/0051(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to avoid undue burden on the smallermedium-sized companies operating in high- impact sectors which are covered by this Directive, those companies should only be obliged to identify those actual or potential severe adverse impacts that are relevant to the respective sector.
Amendment 93 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 97 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 99 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationship, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 102 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States toshould facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, mayshould issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives. In addition, the Commission should develop a system in which industry schemes and multi-stakeholder initiatives can be formally recognised. Compliance with these recognised industry schemes and multi-stakeholder initiatives should lead to presumption of conformity with the diligence requirements imposed by this Directive.
Amendment 107 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of taking appropriate measures for bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should endeavour to neutralise the adverse impact or to minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s own conduct to the actual adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end.
Amendment 110 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 112 #
2022/0051(COD)
Proposal for a directive
Recital 41
Recital 41
(41) In order to ensure that bringing actual adverse impacts to an end or minimising them is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationship, as a last resort action after attempting at bringing actual adverse impacts to an end or minimising them without success. However, this Directive should also, for cases where actual adverse impacts could not be brought to an end or adequately mitigated by the described measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent of the adverse impact, or terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws.
Amendment 114 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaints 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 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 processesdirectly and individually affected by a negative impact to submit complaints directly to them. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and 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 complaint. This access should not lead to unreasonable solicitations of companies.
Amendment 120 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chafirst linsk of the companyir supply chain, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 126 #
2022/0051(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In order to facilitate companies’ compliance with their due diligence requirements through their value chain and limiting shifting compliance burden on SME business partners, the Commission should provide guidance on model contractual clauses. In so doing, it should develop model contracts in close collaboration with industry, in particular with SMEs.
Amendment 130 #
2022/0051(COD)
Proposal for a directive
Recital 46
Recital 46
(46) In order to provide support and practical tools to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, using relevant international guidelines and standards as a reference, and in consultation with Member States and, industry and relevant stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, should have the possibility to issue guidelines, including for specific sectors or specific adverse impacts and paying particular attention to SMEs.
Amendment 132 #
2022/0051(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Although SMEs are not included in the scope of this Directive, they could be impacted by its provisions as contractors or subcontractors to the companies which are in the scope. The aim is nevertheless to mitigate financial or administrative burden on SMEs, many of which are already struggling in the context of the global economic and sanitary crisis. In order to support SMEs, Member States should set up and operate, either individually or jointly, dedicated websites, portals or platforms, and Member States could also financially support SMEs and help them build capacity. Such support shouldThe Member States should provide for at least one unique help desk in order to inform and support companies, in particular SMEs. The Commission should coordinate the Member State initiatives and provide a unique portal which is simple to consult in all official languages of the EU. The Commission should also provide for adequate information on the human rights and environmental situation globally on this portal, paying particular attention to high-impact sectors. Such support can also be made accessible, and where necessary adapted and extended to upstream economic operators in third countries. Companies whose business partner is an SME areshould also be encouraged to support themis SME to comply with due diligence measures, in case such requirements would jeopardise the viability of the SME, and use fair, reasonable, non- discriminatory and proportionate requirements vis-a-vis the SMEs.
Amendment 136 #
2022/0051(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 137 #
2022/0051(COD)
Proposal for a directive
Recital 51
Recital 51
Amendment 138 #
2022/0051(COD)
Proposal for a directive
Recital 53
Recital 53
(53) In order to ensure the monitoring of the correct implementation of companies’ due diligence obligations and ensure the proper enforcement of this Directive, Member States should designate one or more national supervisory authorities. These supervisory authorities should be of a public nature, independent from the companies falling within the scope of this Directive or other market interests, and free of conflicts of interest. In accordance with national law, Member States should ensure appropriate financing of the competent authority. They should be entitled to carry out investigations, on their own initiative or based on complaints or substantiated concerns raised under this Directive. Where competent authorities under sectoral legislation exist, Member States could identify those as responsible for the application of this Directive in their areas of competence. They could designate authorities for the supervision of regulated financial undertaking also as supervisory authorities for the purposes of this Directive.
Amendment 140 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be required to lay down rules governing the civil liability of companies for damages arising due to its failure to comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damagecaused by the company’s own actions. The three classic conditions for civil liability should be respected, namely fault, damages and causal connection.
Amendment 143 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
Amendment 147 #
2022/0051(COD)
Proposal for a directive
Recital 58
Recital 58
(58) The liability regimis Directive does not regulate who should prove that the company’s action was reasonably adequate under the circumstances of the case, therefore this question is left to national lawthe burden of proof on civil liability.
Amendment 149 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the value chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 152 #
2022/0051(COD)
Proposal for a directive
Recital 61
Recital 61
Amendment 153 #
2022/0051(COD)
Proposal for a directive
Recital 62
Recital 62
(62) The civil liability regime under this Directive should be without prejudice to the Environmental Liability Directive 2004/35/EC. This Directive should not prevent Member States from imposing further, more stringent obligations on companies or from otherwise taking further measures having the same objectives as that Directive.
Amendment 154 #
2022/0051(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 156 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
Amendment 164 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the valuefirst link of their supply chain operations carried out by entities with whom the company has an established business relationship and
Amendment 181 #
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 500 employees on average and had a net worldwide turnoverturnover in the Union of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;
Amendment 186 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnoverturnover in the Union of more than EUR 40 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the high-risk parts of the following sectors:
Amendment 206 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Intra-EU relationships shall be excluded from scope of this Directive.
Amendment 207 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4b. For the application of paragraph 1(b) and paragraph 2(b), the Commission shall, no later than two years after entry into force of this Directive, establish guidance describing in more detail which high-risk parts of the stated sectors are meant.
Amendment 208 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 4 c (new)
Article 2 – paragraph 4 c (new)
4c. Financial services shall be excluded from the scope of this Directive.
Amendment 222 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, in the first link of the supply chain which is, or which is expected to be, lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
Amendment 225 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
Amendment 232 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) ‘risk-based approach’: this approach makes it possible to set priorities for the diligence activities of the company based on a previous analysis, taking account in particular of the nature and extent of the adverse impacts, the urgency and the likelihood of these impacts arising.
Amendment 236 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘independent third-party verification’ means verification of the compliance by a company, or parts of its value chain, with human rights and environmental requirements resulting from the provisions of this Directive by an auditor which is independent from the company, free from any conflicts of interests, has the necessary experience and competence in environmental and human rights matters and is accountable for the quality and reliability of the audit;
Amendment 238 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘SME’ means a micro, small or a medium-sized enterprise, irrespective of its legal form, that is not part of a large group, as those terms are defined in Article 3(1), (2), (3) and (7) of Directive 2013/34/EU;
Amendment 245 #
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, and other individuals, groups, communities or entities whose rights or interests are or could be affected byaffected by adverse human rights impacts and adverse environmental impacts arising from the products, services and operations of that company, its subsidiaries and its business relationships, as defined by this Directive;
Amendment 255 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 258 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 261 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a proportionate measure that is capable of achieving the objectives of risk-based due diligence, commensurate inter alia with the degree of severity, the nature and the likelihood of the adverse impact and the degree to which the company has contributed to the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereofn, and the need to ensure prioritisation of action.
Amendment 265 #
2022/0051(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Level of harmonisation Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of diligence, unless otherwise provided for in this Directive.
Amendment 277 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that parent companies falling under the scope of this Directive may fulfil the diligence obligations provided for in Articles 6 to 11 on behalf of companies which are their subsidiaries and which fall under the scope of this Directive.
Amendment 278 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. Member States shall ensure that companies consider the due diligence referred to in Articles 6 to 11 on the basis of a risk-based approach.
Amendment 282 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy shall be proportionate and risk- based and shall contain all of the following:
Amendment 302 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures, proportionate and risk-based, to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their valuesupply chains, from their established business relationships in the first link, in accordance with paragraph 2, 3 and 4.
Amendment 312 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By way of derogation from paragraph 1, companies referred to in Article 2(1), point (b), and Article 2(2), point (b), shall only be required to take appropriate measures to identify actual and potential severe adverse impacts relevant to the respective sector mentioned in Article 2(1), point (b).
Amendment 317 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 326 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate, proportionate and risk-based measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
Amendment 336 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship at the first tier in the supply chain that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 345 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME with which the company has an established business relationship, whein order to ensure compliance with the prevention action plan would jeopardise the viability of the SMEcode of conduct or with the code of conduct or the prevention action plan;
Amendment 353 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 358 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The contractual assurances or the contract shall be accompanied by the appropriate, proportionate and risk-based measures to verify compliance. For the purposes of verifying compliance, the company may refer to suitable industry initiatives or independent third-party verification.
Amendment 359 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
When contractual assurances are obtained from, or a contract is entered into, with an SME, the terms used shall be fair, reasonable and non-discriminatory, with particular attention being paid to the different bargaining power and more limited resources of SMEs. Where measures to verify compliance are carried out in relation to SMEs, the company shall bear the cost of the independent third-party verification.
Amendment 365 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with theat partner in connection with or in the value chain of which the impact has ariseat the first tier in the supply chain and shall, where the law governing their relations so entitles them to, take the following actions:
Amendment 371 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
Amendment 373 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2 a (new)
Article 7 – paragraph 5 – subparagraph 2 a (new)
Companies shall disengage as a last resort only, particular account being taken of the fact that disengagement may exacerbate adverse effects.
Amendment 374 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 378 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate, proportionate and risk-based measures to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article.
Amendment 383 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the adverse impact cannot be brought to an end, Member States shall ensure that companies seek to minimise the extent of such an impact.
Amendment 389 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) seek to neutralise the adverse impact or to minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s own conduct to the actual adverse impact;
Amendment 395 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship at the first tier in the supply chain that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 404 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate support for an SME with which the company has an established business relationship, whein order to ensure compliance with the corrective action plan would jeopardise the viability of the SMEde of conduct or with the code of conduct or the corrective action plan;
Amendment 409 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 412 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
The contractual assurances or the contract shall be accompanied by the appropriate, proportionate and risk-based measures to verify compliance. For the purposes of verifying compliance, the company may refer to suitable industry initiatives or independent third-party verification.
Amendment 413 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
When contractual assurances are obtained from, or a contract is entered into, with an SME, the terms used shall be fair, reasonable and non-discriminatory, with particular attention being paid to the different bargaining power and more limited resources of SMEs. Where measures to verify compliance are carried out in relation to SMEs, the company shall bear the cost of the independent third-party verification.
Amendment 417 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with theat partner in connection to or in the value chain of which the impact has ariseat the first tier in the supply chain and shall, where the law governing their relations so entitles them to, take one of the following actions:
Amendment 422 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Amendment 424 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2 a (new)
Article 8 – paragraph 6 – subparagraph 2 a (new)
Companies shall disengage as a last resort only, particular account being taken of the fact that disengagement may exacerbate adverse effects.
Amendment 425 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 433 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potentialare directly and individually affected by an adverse human rights impacts and adverseor environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chainfirst-tier suppliers.
Amendment 474 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the value chains of the companyfirst tier of their supply chain, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 481 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
The Commission shall adopt delegated acts in accordance with Article 28 concerning the content and criteria for such reporting under paragraph 1, specifying information on the description of due diligence, potential and actual adverse impacts and actions taken on those. The Commission shall develop simplified reporting requirements, in particular for companies referred to in Article 2(1)(b) and (2)(b).
Amendment 484 #
2022/0051(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
In order to provide support to companies to facilitate their compliance with Article 7(2), point (b), and Article 8(3), point (c), the Commission shall adopt guidance about voluntary model contract clauses. In the process, the Commission shall develop model contracts in close cooperation with industry, and in particular SMEs, no later than six months after the entry into force of this Directive.
Amendment 488 #
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 appropriate consultation with Member States and, industry and relevant stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, mayshall issue guidelines, including for specific sectors or specific adverse impacts and focusing on SMEs.
Amendment 490 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall, in order to provide information and support to companies and the partners with whom they have established business relationships inat the first tier of their valuesupply chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated websites, platforms or portals. Member States shall provide at least one one-stop shop to take on this support and information role. Companies shall be given appropriate advice and guidance at that one-stop shop. Specific consideration shall be given, in that respect, to the SMEs that are present in the value chains of companiespect, to the needs of SMEs.
Amendment 493 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The Commission shall coordinate the Member State initiatives referred to in paragraph 1 and shall provide a single portal that is easily accessible in all official languages of the EU. On that portal the Commission shall also provide appropriate information on the global human rights and environmental situation, focusing on the sectors referred to in Article 2(1)(b) and (2)(b).
Amendment 500 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Companies may rely on industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States mayshall facilitate the dissemination of information on such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, may and industry, shall issue guidance for assessing the fitness of industry schemes and multi- stakeholder initiatives. The Commission shall develop a system for formally recognising industry schemes and multi- stakeholder initiatives. Compliance with recognised industry schemes and multi- stakeholder initiatives shall create a presumption of compliance with the due diligence requirements under Articles 5 to 11. The Commission shall publish a schedule of recognised industry schemes and multi-stakeholder initiatives no later than one year after the entry into force of this Directive, and shall keep that schedule up to date.
Amendment 504 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 507 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 508 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 512 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Each Member State shall designate one or more supervisory authorities to supervise compliance with the obligations laid down in national provisions adopted pursuant to Articles 6 to 11 and Article 15(1) and (2) (‘supervisory authority’).
Amendment 521 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Supervisory authorities shall take a proportionate and risk-based approach to exercising their powers. In doing so, they shall abide by the right to property and the freedom to conduct a business which are recognised by the Charter.
Amendment 522 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 2
Article 18 – paragraph 4 – subparagraph 2
Amendment 527 #
2022/0051(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that natural and legal persons affected by an adverse impact are entitled to submit substantiated concerns to any supervisory authority when they have reasons to believe, on the basis of objective circumstances, that a company is failing to comply with the national provisions adopted pursuant to Articles 6 to 11 of this Directive (‘substantiated concerns’).
Amendment 542 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of the company’s efforts to comply with any remedial action required of them by a supervisory authority, any, where appropriate, of the following non-exhaustive and indicative criteria: (a) the nature, seriousness and duration of the infringement, (b) intent, (c) the nature and extent of the harm caused, (d) the company’s efforts to limit the harm, rectify matters and comply with any remedial action required of them by a supervisory authority, (e) previous infringements of provisions adopted pursuant to this Directive, (f) investments made and any targeted support provided pursuant to Articles 7 and 8, as well as(g) the cumulative effect of all sanctions, financial penalties, remedial action and compensation measures, (h) suspending or terminating a commercial relationship that has led to a loss of income and/or increased costs for replacing a supplier, and (i) collaboration with other entities to address adverse impacts in its value chains, as the case may be. supply chain.
Amendment 545 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 548 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Any decision by a supervisory authority shall be reasonable, non- discriminatory and proportionate. The 'non bis in idem' principle shall be observed.
Amendment 550 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. Member States shall notify the Commission of the provisions referred to in paragraph 1 by (two years after the entry into force of this Directive) at the latest and shall inform it without delay of any amendments to them.
Amendment 557 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) they failed to comply with the obligations laid down in Articl harm was caused by the company’s own activities 7 and 8 and;
Amendment 560 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damagethe three classic conditions for civil liability have been met: fault, harm and causal connection.
Amendment 563 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Amendment 574 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 581 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The civil liability rules under this Directive shall be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 582 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 586 #
2022/0051(COD)
Proposal for a directive
Article 24
Article 24
Amendment 590 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 593 #
2022/0051(COD)
Proposal for a directive
Article 26
Article 26
Amendment 609 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – point 21
Annex I – Part I – point 21
Amendment 14 #
2021/2200(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe and the Indo- Pacific together represent over 70 % of global trade in goods and services and over 60 % of foreign direct investment (FDI) with their annual trade reaching EUR 1.5 trillion in 2019; whereas the region produces 60 % of global gross domestic product (GDP) and contributes to two thirds of global economic growth; whereas the EU is the biggest investor in the area, which includes four (China, Japan, South Korea and India) out of the EU’s top 10 global trading partners; 1a _________________ 1a https://ec.europa.eu/info/sites/default/files /jointcommunication_indo_pacific_en.pdf
Amendment 32 #
2021/2200(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Comprehensive and Progressive Agreement for Trans-Pacific Partnership is an open, 21st century trade agreement that aims to secure a level playing field and rules-based trade environment in the Indo-Pacific and provides a model of regional trade integration; whereas the US withdrew from the agreement in January 2017 while China, Taiwan and the UK formally submitted a request to accede in September 2021;
Amendment 45 #
2021/2200(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the geopolitical reality has dramatically changed since Russia’s invasion to Ukraine in February 2022 and makes our further engagement with Indo- Pacific partners even more important and urgent in order to diversify our trade relations, to deepen our cooperation on critical and emerging technologies, digital issues and raw materials, to strengthen supply chains resilience and help tackle global challenges.
Amendment 64 #
2021/2200(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to work closely with its Indo-Pacific like-minded partners to reinforce value chains by strengthening and diversifying trade relations in order to reduce strategic dependencies in critical supply chains with a particular focus on technologies and raw materials, by working towards the full implementation and better enforcement of existing trade agreements, by finalising ongoing trade negotiations and by developing cooperation in strategic sectors; underlines the importance of working together with like-minded Indo-Pacific countries on establishing technical standards, to further promote the EU as a global standard-setter, underlines the importance to develop new Digital Partnership Agreements, starting with Japan, Republic of Korea and Singapore;
Amendment 88 #
2021/2200(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes the EU-Japan Economic Partnership Agreement has been instrumental in creating more sustainable trade; welcomes the increase in the preference utilisation rates for EU exports to Japan in 2020; underlines thcalls to start negotiations to include data furtherlows provisions in the EPA; underlines that progress ihas nbeeded in the implementation of the agreement, in particular as regards then made-in the expansion of GIs protection for both parties, utilisation rates of tariff rate quotas opened by Japan for EU exporters, the and the process for ratification of ILO convention No 105 by Japan while further progress is needed in the implementation of the agreement, including liberalisation of trade in services and the ratification of ILO Conventions No 105 and No 111;
Amendment 97 #
2021/2200(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Call on the Member States to ratify the EU-Vietnam IPA so that it enters into force and creates favourable conditions to boost EU investment in Vietnam and in the region, in particular in areas promoting green transformation and the circular economy; urges Vietnam to continue working to achieve equal treatment of EU Member States with regard to pharmaceuticals and to guarantee a full implementation of the sanitary and phytosanitary provisions; invites Vietnam to complete its key labour reforms in accordance with the agreement and to swiftly ensure the ratification of ILO Convention No 87 by 2023;
Amendment 151 #
2021/2200(INI)
17 a. Regrets the fact that negotiations for a bilateral trade and investment agreement with Thailand, launched in 2013 and put on hold in 2014 following the military take-over, are still paused; stresses the importance of taking steps (in line with the Council Conclusions of 2019) towards the resumption of negotiations on an ambitious and comprehensive FTA and invites the Thai authorities to provide clear indications in this respect and to engage in structural reforms.
Amendment 5 #
2021/2177(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU and India, as the world’s two largest democracies, share strong political, economic, social and cultural ties; whereas, however, bilateral trade relations have not yet reached their full potential;
Amendment 34 #
2021/2177(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expects a swift follow-up to the EU-India leaders’ meeting in order to openly address values-based cooperation at the highest level in matters of trade and investment; welcomes both partners’ readiness to work towards the conclusion of an ambitious, comprehensive and mutually beneficial trade agreement;
Amendment 50 #
2021/2177(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the existing negotiating mandate is comprehensive and broad enough for negotiations to restart; takes the view, however, that an addendumit is necessary to ensure that the prospective comprehensive trade agreement contains as integral parts thereof a dedicated chapter for SMEs, a dedicated chapter on raw materials to remove all export duties on raw materials, and an ambitious and enforceable trade and sustainable development chapter aligned with the Paris Agreement;
Amendment 76 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point ii
Paragraph 6 – point ii
ii. expedited, more transparent and less onerous customs, sanitary and phytosanitary procedures as well as a comprehensive single-window electronic certification process and the removal of disproportionate import bans;
Amendment 78 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point ii a (new)
Paragraph 6 – point ii a (new)
ii a. transparent and expeditious market access approval, regionalization and audit procedures, underpinned by scientifically justified SPS import measures, by international standards and by disciplines that go beyond the WTO SPS Agreement; the agreement should seek to ensure the quick approval by India of all the existing and future market access applications, including those delayed by trial shipments and certification issues, and; SPS related cooperation;
Amendment 89 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point v
Paragraph 6 – point v
v. ensuring a level playing field in subsidies and commercial practices of state owned enterprises;
Amendment 93 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point vi
Paragraph 6 – point vi
vi. a robust chapter on high-level protection for intellectual property rights (IPR), which should facilitate a non- restrictive and swift patent appincluding in the digital realm which should facilitate respect for and compliance with copyright oblicgation process and the rapid and effective enforcement of IPR standards;
Amendment 104 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point viii a (new)
Paragraph 6 – point viii a (new)
viii a. the removal of all discriminatory and disproportionate obstacles to establishment in both services and manufacturing sectors as well as to the supply of cross-border services, in order to ensure a level-playing field between EU and Indian service providers;
Amendment 105 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point ix
Paragraph 6 – point ix
ix. an enhanced cybersecurity framework through risk-based approachdigital trade rules grounded in globalEU standards and bestglobal practices; considers, in particular, that 5G must not be deployed using mandatory technology transfer such as the forced disclosure of source codes, algorithms and encryption keys;
Amendment 106 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point x
Paragraph 6 – point x
Amendment 109 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point x a (new)
Paragraph 6 – point x a (new)
x a. the confirmation of both sides' rights and obligations under the WTO Agreements (anti-dumping, anti-subsidy and safeguard), the exploration of areas of common interest that go beyond these WTO standards, and the inclusion of a temporary bilateral safeguard mechanism;
Amendment 114 #
2021/2177(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 8 #
2021/2038(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. IEmphasizes the US as a crucial trading partner and identifies trade policy as a strategic geopolitical tool for the transatlantic agenda; highlights the need to identify joint actions based on shared interests and values in order to contribute to a global sustainable and inclusive economic recovery; stresses that standards setting, ‘workers and wages’ and more resilient and responsible supply chains should be at the core of such an agenda;
Amendment 49 #
2021/2038(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for enhanced cooperation on WTO reform, including reinstating the appellate body, regulating trade in health products, setting an ambitious environmental and digital agenda, and agreeing on concrete deliverables for the 12th WTO Ministerial Conference (MC12); encourages both sides to stick to multilateral agreements;
Amendment 61 #
2021/2038(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Advocates a joint strategic approach towards China, addressing the roots of unfair trade practices and tackling industrial subsidies, state-owned enterprises as well as forced labour and human rights concerns;
Amendment 92 #
2021/2038(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages both sides to find a framework for joint action and look for selective agreements building on the Joint EU-US statement of 25 July 2018; calls for a stronger regulatory, green and digital partnership through the Trade and Technology Council, an agreement on conformity assessment and a coordinated approach to critical technologies, a carbon border adjustment mechanism and digital and global taxes.
Amendment 2 #
2021/2007(INI)
Draft opinion
Recital A
Recital A
A. whereas global intellectual property (IP) registrations are constantly increasing and the single market remains fragmented by differences in national legislation; whereas legislation applying across the single market for intellectual property protection creates a solid framework for European companies; whereas gaps remain, in particular in enforcement, which arecan hindering the development of companies, in particular SMEs, and consumers’ access to innovative and safe products;
Amendment 7 #
2021/2007(INI)
Draft opinion
Recital B
Recital B
B. whereas although intellectual property rights (IPR) are well regulated in most Member States, infringements and hold-backs are jeopardisinge the openrobustness of the system that leads to innovations; whereas counterfeit products are still abundantcommonly found in the single market, with most of them entering the EU through thein particular marketed via digital marketchannels, causing financial losses of approximately EUR 60 billion per year;
Amendment 14 #
2021/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the importance of better cooperation between the European Union and the Member States to harmonise IP legislation and facilitate the access of economic operators toimprove enforcement of IPR registration at EU level; recommends that the current legislation be adapted in order to improve the functioning of the single market for IPights across the Union;
Amendment 19 #
2021/2007(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 20 #
2021/2007(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines the global nature of IPR development, in particular the need for trade-related support for European companies; stresses that international competitiveness and attractiveness is nevertheless rooted in a strong and resilient internal market, including in IPR protection and enforcement;
Amendment 21 #
2021/2007(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes that the EU lags behind in IPR filing statistics and in the concentration of filings in computer technologies compared to other global competitors, recommends that the Commission takes steps to facilitate greater uptake of IPRs, including via swift implementation of the UPC;
Amendment 23 #
2021/2007(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CRecalls on the Commission to formulate aAction Plan in IPR Enforcement and the subsequent industry initiatives; calls on the Commission to update its strategy to tackle and minimise infringements, hold-backs, counterfeiting and piracy, which continue to thrive and have proven to be even more dangerous dur; considers that illegal products can present a risk to consumers, which is particularly acute ing the COVID-19 pandemic;
Amendment 33 #
2021/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that a green and digital recovery and resilience in the single market must be based on the full use of intangiblwill be predicated on the application of new technologies, including those basseted on new IPRs; highlights the importance of disseminating information about the benefits of IP and the Commission’s support programmes for all economic operators, in particular SMEcluding the need for such information to be specifically targeted at SMEs active in knowledge-intensive sectors;
Amendment 39 #
2021/2007(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission to cooperate with the Member States to facilitate access to financial support and credits based on intangible assets in order to encourage SMEs to register their IP and reap the full benefits, ensuring a faster and better economic recoverywhich aids relevant SMEs to develop and implement IP protection strategies; notes that not all companies should or would wish to register rights, depending on their strategy, and so support and advice offered should incorporate all valid IP strategies to ensure the most effective exploitation of a company's IPRs; considers that where registration is the preferred option, SMEs should be supported through simplified registration procedures and lower administrative fees.
Amendment 99 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products and by ensuring that EU products exported in the global market are not replaced by more carbon intensive products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out after a test phase and a due assessment by the Commission that proves the effectiveness of the CBAM regulation in terms of protection from the risk of carbon leakage both for imports and exports to ensure a global level playing field. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 110 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. The export of more sustainable products manufactured in the EU should thus more be incentivized while substitutes at a global level with higher carbon footprint should be avoided.
Amendment 126 #
2021/0214(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility. and making sure that the CBAM is a tool at a global level whilst maintaining the export competitiveness of EU industries.
Amendment 215 #
2021/0214(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission shall pursue and strengthen communication and climate diplomacy outreach in the relevant international fora and with its main commercial partners. The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism. , provided that they deliver equivalent GHG emissions reductions and carbon costs constraints. This may involve, where appropriate, coordination in relevant international fora.
Amendment 236 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism willseeks to progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive if it has proven to be effective to prevent the risk of carbon leakage both for imports into, or exports from the customs territory of the Union and without prejudice to maintaining EU ETS allowances free of charge at benchmark level until a test period has proven such effectiveness.
Amendment 295 #
2021/0214(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The authorised declarant shall ensure that the total embedded emissions declared in the CBAM declaration submitted pursuant to Article 6 are verified by a verifier accredited pursuant to Article 18, based on the verification principles set out in Annex V. The competent authority is authorised to verify the accuracy of the information in the CBAM declaration.
Amendment 305 #
2021/0214(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The authorised declarant shall keep records of the documentation, certified by an independent person,accredited verifier. The accredited verifier is required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation.
Amendment 308 #
2021/0214(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission is empowered to adopt implementing acts establishing the methodology for calculating the reduction in the number of CBAM certificates to be surrendered, regarding the conversion of the carbon price paid in foreign currency into euro at yearly average exchange rate in accordance with paragraph 1, and regarding the qualifications of the independent personaccredited verifier certifying the information as well as elements of proof of the carbon price paid and energy tax rebates and the absence of export rebates or other forms of compensation on exportation being applied as referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 312 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall, upon request by a register the information on operators of an installations located in a third country, register the information on that operator and on itsies and on those installation in a central database referred to in Article 14(4).
Amendment 319 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shall be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable any competent authority to verify and to review, in accordance with Article 19(1), the CBAM declaration made by an authorised declarant to whom the relevant information was disclosed in accordance with paragraph 8.
Amendment 356 #
2021/0214(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. If irregularities are identified as a result of the controls carried out under paragraph 2, the Commission shall inform the Member State or Member States concerned for further investigation in order to correct the identified irregularities. Identified irregularities shall be corrected in due time and where they were identified, and where appropriate, penalties pursuant to article 27 shall apply.
Amendment 362 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the declarant has not been involved in a serious infringement or repeated infringements of customs legislation, circumvention of antidumping or antisubsidy duties, taxation rules and market abuse rules and has no record of serious criminal offences relating to its economic activity during the five years preceding the application;
Amendment 406 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1 a. An authorised declarant who submits false information in its CBAM declaration may be excluded from the register. The respective verifier who has certified the accuracy of the information in the CBAM declaration can have its certification withdrawn by the issuing national authority.
Amendment 418 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulation, whether slightly modified or not, stems from a practice, process or work has insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included or undermining the list of goods in Annex I but belong to a sector included in the scope of this Regulationir effects.
Amendment 422 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. Resource shuffling, whereby exporting countries would use their cleanest industrial plants to export to the EU and keep more polluting installations for the domestic or global market, is to be considered a practice of circumvention.
Amendment 476 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, an in-depthe assessment of the impact on competitiveness of the EU industry, including the downstream industry, and the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future. The report should also analyse whether the obligations laid down in this Regulation have led to movements in the resale prices or subsequent selling prices of the imported product in the Union.
Amendment 485 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. The Commission shall monitor and evaluate the mechanism's effectiveness with regard to the risk of carbon leakage before phasing out free allocation to sectors at risk of carbon leakage covered by this regulation. To this end, the Commission shall present a report to the European Parliament and the Council evaluating: - the first three years (2026-2028) of the surrendering obligation pursuant to article 22; - the risk of carbon leakage on export markets. If the evaluation is positive, the report shall be accompanied by a legislative proposal implementing a solution to address the risk of carbon leakage on export markets.
Amendment 76 #
2021/0114(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) There should be a financial contribution or any other advantage provided, directly or indirectly, by the public authorities of a third country. The financial contribution or advantage may be granted through public or private entities. Whether a public entity provides a financial contribution or advantage should be determined on a case- by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions or advantages may also be granted through a private entity if its actions can be attributed to the third country.
Amendment 80 #
2021/0114(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Such a financial contribution or advantage should confer a benefit to an undertaking engaging in an economic activity in the internal market. A financial contribution or advantage that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, or the adequate remuneration for a given good or service.. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
Amendment 158 #
2021/0114(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure a level playing field on the internal market also in the long term, with a view to ensuring adequate coverage of cases investigated both through notifications as well as ex officio, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending the notification thresholds for concentrations and for public procurement procedures, exempting certain categories of undertakings from the notification obligations under this Regulation, as well as amending the time limits for the preliminary review and the in-depth investigations of notified concentrations or notified financial contributions in the context of a public procurement procedure. In relation to financial contributions in the context of a public procurement procedure, the power to adopt such acts should be exercised in a way that takes into account the interests of SMEs. It is of particular importance that the Commission carries out analysis during the preparations of those acts, mainly including the quantified cost- benefit analysis and ex-ante analysis on impact on investments and consumers welfare. It is also of particular importance that the Commission carries out appropriate consultations during the preparations of those acts, 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-Making47 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 47 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 165 #
2021/0114(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) This Regulation addresses foreign subsidies granted conferring an advantage to an undertaking engaging in an economic activity in the internal market. An undertaking acquiring control or merging with an undertaking established in the Union or an undertaking participating in a public procurement procedure is considered to be engaging in an economic activity in the internal market.
Amendment 166 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
(1) For the purpose of this Regulation, a foreign subsidy shall be deemed to exist where a third country provides a financial contribution or any other advantage which confers a benefit to an undertaking engaging in an economic activity in the internal market and which is limited, in law or in fact, to an individual undertaking or industry or to several undertakings or industrie, including any commercial interaction with a public or private operator, regardless of the place where the commercial interaction occurs and which is limited, in law or in fact, to an individual undertaking or industry or to several undertakings or industries. Such advantage is deemed to exist from the moment it first causes a distortion, even if prior to the beneficiary's actual receipt of, or full entitlement to, the advantage. This can occur, for example, if the advantage is conditional or if there is a pattern of advantages granted to such a beneficiary in similar situations.
Amendment 173 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – introductory part
Article 2 – paragraph 2 – point a – introductory part
(a) a financial contribution shall include, in a non-exhaustive manner:
Amendment 175 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – point i
Article 2 – paragraph 2 – point a – point i
(i) the transfer of funds or liabilities, such as capital injections, grants, loans, loan guarantees, fiscal incentives, tax exemptions, setting off of operating losses, compensation for financial burdens imposed by public authorities, debt forgiveness, debt to equity swaps or rescheduling;
Amendment 180 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – point iii a (new)
Article 2 – paragraph 2 – point a – point iii a (new)
(iii a) any financial advantage in any form whatsoever funded directly or indirectly through state resources of the third country;
Amendment 186 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b – introductory part
Article 2 – paragraph 2 – point b – introductory part
(b) the financial contribution or any other advantage provided by the third country shall include the financial contribution or advantage provided by:
Amendment 192 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2 a) For the purpose of this Regulation, other financial and competitive advantages shall be deemed to exist when: (i) financial relations with public undertakings are not structured at arms’ length or are not in line with normal market conditions in the market concerned;or (ii) exclusive or special rights have been granted explicitly or de facto to one or more undertakings who subsequently leverage those exclusive or special rights by off-setting costs or losses incurred on the European internal market by increased turnover or profits on the captive markets where those exclusive or special rights apply.
Amendment 195 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
(2 b) For the purpose of this Regulation, where the Commission has well-founded evidence of the existence of significant distortions in a third country or a sector in a third country, public undertakings from this country, which are directly or indirectly state owned or controlled, shall be presumed having received distortive foreign subsidies in the absence of proof of the contrary.
Amendment 206 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
(2) A foreign subsidy is unlikely to distort the internal market if: (a) its total amount is below EUR 5 million over any consecutive period of three fiscal years, or (b) the foreign subsidy is granted by the third country, which has in place a legislative measure for the review of subsidies that guarantee the equivalent level of competition protection. By 30 June 2023, the Commission shall publish the list of such countries. This list shall be regularly reviewed.
Amendment 212 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2 a) By 30 June 2023, the Commission shall publish guidelines providing further examples and clarification on how each indicator of distortion will be applied, including the types and purposes of subsidies that cause distortion in the internal market. The guidelines shall be regularly updated.
Amendment 216 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
(2 b) By 30 June 2023 the Commission shall publish a report on the possibility of introduction of an online tool for the indicative assessment of foreign subsidies, stating the risk level which is expected based on the provided data for quantitative indicators.
Amendment 234 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity, taking into account the contribution of a foreign subsidy to the objectives of Union policies in the field concerned.
Amendment 239 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) The Commission shall take into account the balancing between the negative and positive effects when deciding whether to impose redressive measures or to accept commitments, and the nature and level of those redressive measures or commitments. The general objective of tackling distortions created by foreign subsidies, in particular those which may endanger the preservation of a strong industrial base in the Union with sustainable and diversified supply chains, should be given special consideration.
Amendment 255 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures may consist of the following non-exhaustive list: :
Amendment 268 #
2021/0114(COD)
(5) If an undertaking offers commitments which fully and effectively remedy the distortion on the internal market, the Commission mayshall accept them and make them binding on the undertaking in a decision with commitments according to Article 9(3).
Amendment 273 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shallmay accept such repayment as commitment if it can ascertain that the repayment is transparent and effective, while taking into account the risk of circumvention.
Amendment 279 #
2021/0114(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission may on its own initiative or upon request examine information from any source regarding alleged distortive foreign subsidies, including a Member State concerned and undertakings or their respective trade associations, regarding alleged distortive foreign subsidies. The Commission shall provide information once a Member State concerned or undertakings or their respective trade associations have submitted a request justifying the initiation of an investigation and the Commission has completed its analysis thereof, or where the Commission has itself determined that there is a need to initiate an investigation.
Amendment 294 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(c a) hear the interested parties which have made a written request within the period prescribed in the notice published in the Official Journal of the European Union showing that they are an interested party likely to be affected by the result of the proceedings and that there are particular reasons why they should be heard.
Amendment 308 #
2021/0114(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
The Commission may take interim measures, including during the preliminary review period, where:
Amendment 338 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) specifying the subject matter and purpose of the inspection; The subject matter and the scope of the inspection shall be proportionate and include minimum tasks necessary to confirm foreign subsidies and their distortive effect on the internal market.
Amendment 404 #
2021/0114(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
(2) The Commission may initiate an in- depth investigation under Article 8(2) no later than 25 working days after receipt of the complete notification and shall publish a notice of formal investigation in the Official Journal of the European Union, which invites interested parties, Member States and the third country concerned to express their views in writing within a prescribed period of time. The interested parties which have made themselves known shall be heard if they have, within the period prescribed in the notice published in the Official Journal of the European Union, made a written request for a hearing showing that they are an interested party likely to be affected by the result of the proceedings and that there are particular reasons why they should be heard.
Amendment 430 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
(1) When submitting a tender or a request to participate in a public procurement procedure, undertakings, main subcontractors and main suppliers shall either notify to the contracting authority or the contracting entity all foreign financial contributions received in the three years preceding that notification or confirm in a declaration that they did not receive any foreign financial contributions in the last three years. Undertakings which do not submit such information or declaration shall not be awarded the contract. Any subcontractor or main supplier selected or known after submitting a tender or a request to participate in a public procurement procedure shall notify foreign subsidies according to the first sentence without undue delay after their selection.
Amendment 448 #
2021/0114(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Article 28 a Own initiative request for the assessment of foreign subsidies 1. The Commision shall carry out an assessment of foreign subsidies upon an own-initiative request of the undertaking which plans to apply for the public procurement. 2. The Commission shall carry out the assessment based on the rules set in this Regulation. The undertaking concerned may withdraw from the request for the assessment. 3. By 30 June 2023, the Commission shall publish guidelines providing details and procedure on how to request the assessment of foreign subsidies, including possible fees.
Amendment 455 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
(2) The Commission shall carry out a preliminary review no later than 640 days after it received the notification.
Amendment 456 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
(3) The Commission shall decide whether to initiate an in-depth investigation within the time limit for completing the preliminary review and inform the undertaking concerned and the contracting authority or the contracting entity without delay. Where the Commission has not taken a decision to initiate an in-depth investigation within 40 days, the foreign subsidies shall be deemed as not distorting the internal market.
Amendment 462 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 1200 days after it received the notification. In exceptional circumstances, this time limit may be extended after consultation with the concerned contracting authority or contracting entityby a maximum of 60 additional days.
Amendment 469 #
2021/0114(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
(3 a) The Commission shall publish the decisions, which shall indicate inter alia the thorough explanation of the decision, quantified indicators on which the decision is based and the right and the time limit of the undertaking to have the decision reviewed by the Court of Justice of the European Union.
Amendment 473 #
2021/0114(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
(3) The contract may be awarded to an undertaking submitting a declaration under Article 28 before the Commission takes any of the decisions referred to in Article 30 or before the time limit laid down in Article 29(4) elapses only if the tender evaluation has established that the undertaking in question has in any case submitted the most economically advantageous tender. By 30 June 2023, the Commission shall publish the guidelines providing the criteria and procedure for the assessment of the most economically advantageous tender.
Amendment 523 #
2021/0114(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Within fivthree years after the entry into force of this Regulation atnd the latestn each three years, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation, accompanied, where the Commission considers it appropriate, by relevant legislative proposals.
Amendment 529 #
2021/0114(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
(1) This Regulation shall apply to foreign subsidies granted in the tenfive years prior to the date of application of this Regulation where such foreign subsidies distort the internal market after the start of application of this Regulation.
Amendment 533 #
2021/0114(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
It shall apply from [date: sixnine months after entry into force].
Amendment 30 #
2020/2202(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the EU has always sought pragmatic and flexible solutions to address implementation challenges experienced by stakeholders in Northern Ireland, and notably through far reaching proposals put to the UK in October 2021 aimed at lessening the impact of Brexit in Northern Ireland; regrets that it has taken about a year for the UK Government has noto earnestly engaged with the EU on these proposals thus far; yet incites both parties to come to a durable agreement;
Amendment 41 #
2020/2202(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that in addition to the implementation challenges of the UK’s Withdrawal Agreement, we should strive to build a comprehensive strategic partnership with the UK for the future on various domains where the ambitions could reach much further like the Horizon Programme and innovation, Erasmus, cooperation in and around the North Sea, energy and CO2-storage.
Amendment 13 #
2020/2136(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 50 of the TEU confirms that the Member States are the ‘masters of the Treaties’ and the EU is a free association of states and not a mandatory project;
Amendment 29 #
2020/2136(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, in the judgment in Wightman and others (C-621/18, 10 December 2018), the Court of Justice declared that a Member State can unilaterally revoke the notification of its intention to withdraw, at least before the deadline laid down in Article 50(3) of the TEU expires;
Amendment 32 #
2020/2136(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the two-phase approach adopted by Michel Barnier, the chief negotiator on behalf of the European Commission, proved to be the correct one;
Amendment 33 #
2020/2136(INI)
Motion for a resolution
Recital G
Recital G
G. whereas under Article 10(1) of the TEU, citizens are directly represented at Union level in the European Parliament; whereas Article 14(2) of the TEU establishes that that representation shall be digressively proportional; whereas Article 10(3) of the TEU stipulates that decisions shall be taken as closely as possible to the citizen;
Amendment 42 #
2020/2136(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the withdrawal process has led to unpredictability and has constituted a challenge not only for the EU and the withdrawing Member State, but also and even more so for the citizens and entities most directly affected; whereas the economic and social costs of this uncertainty have proven to be very high and have also put pressure on the political relations between the EU and the withdrawing Member State; whereas greater certainty could be achieved during the separation process by, amongst other things, demanding that the notification of the decision to withdraw be accompanied by a blueprint of the future relationship that the withdrawing Member State has in mind;
Amendment 44 #
2020/2136(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas regions that become independent in a legal and democratic manner should be able to accede to the EU automatically via a simplified and accelerated procedure, with a transition period during which relations between the EU and that region remain unchanged; whereas those regions already subscribe to European values and fundamental rights and apply Union law and their citizens are Union citizens;
Amendment 88 #
2020/2136(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes, nevertheless, that the withdrawal process was characterised by hesitancy on the part of the UK, leading to protracted uncertainty from the outset, reflected in the time gap between the referendum and the withdrawal notification under Article 50 of the TEU, and until the end of the negotiations, due to the spectre of a no-deal withdrawal; therefore calls for greater clarity as to the process that a withdrawal from the EU should follow; takes the view that the withdrawal notification should be accompanied by an outline of the withdrawing Member State’s ambitions as regards future cooperation;
Amendment 115 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 1 a (new)
Paragraph 11 – indent 1 a (new)
- an obligation to enclose an outline of ambitions as regards future cooperation with the notification of the intention to withdraw,
Amendment 118 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 1 b (new)
Paragraph 11 – indent 1 b (new)
- specification of a two-phase approach, starting with a withdrawal agreement, followed by the negotiation of the future relationship,
Amendment 123 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 3
Paragraph 11 – indent 3
- explicit conditions for the revocation ofrecognition of the right to unilaterally revoke the notification of the intention to leave,
Amendment 130 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 4 a (new)
Paragraph 11 – indent 4 a (new)
- a simplified and accelerated accession procedure for regions that have become independent in a legal and democratic manner, with a transition period during which relations between the EU and the region remain unchanged;
Amendment 172 #
2020/2136(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers, in this context, that the role of the Parliament is essential in safeguarding the parliamentary and democratic dimension of a procedure with such a constitutional and institutional impact on the Union; considers that its supervisory role must be enhanced in any future Treaty reform, in all aspects of the process from the negotiations to the implementation of a withdrawal agreement, including for major decisions such as extensions in accordance with Article 50(3) of the TEU;
Amendment 183 #
2020/2136(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reiterates its call for an in-depth reflection on the withdrawal of the UK from the European Union, and on its impact on the future of the EU; believes that such a reflection should ensure an open and broadened dialogue on the reforms that the Union needs in order to reinforce democracy and the capacity to deliver on citizens needs and expectations;
Amendment 192 #
2020/2136(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that it is the responsibility and role of the Union and its Member States to prevent the repetition of a withdrawal from the EU; calls on Member States to consistently provide wide- reaching information to EU citizens on the functioning of the European Union, its areas of action and its decision-making processes; considers that for this purpose the Conference on the Future of Europe offers an opportunity for enhanced dialogue with citizens and civil societythe EU can only bridge the gap to the citizen by achieving results and not by organising expensive conferences that are unrepresentative and mainly reach an elite and the pillarised society; takes the view that citizens expect the EU to demonstrate its added value by protecting them and creating prosperity; stresses that Article 10(1) onf the European Union and how it should evolveTEU stipulates that the functioning of the EU shall be founded on representative democracy;
Amendment 21 #
2020/2117(INI)
Motion for a resolution
Recital R (new)
Recital R (new)
R. whereas Trade policy must play its full roll in the recovery from theCOVID19 pandemic and towards more dynamic, innovative and competitive Europe in the world;
Amendment 22 #
2020/2117(INI)
Motion for a resolution
Recital S (new)
Recital S (new)
S. whereas international trade in goods and services is to increase by 8.4%in 2022 according to estimations by International Monetary Fund1a ; __________________ 1a World Economic Outlook, April 2021: Managing Divergent Recoveries(imf.org)
Amendment 27 #
2020/2117(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the mainstreaming of the European Green Deal into the communication on the Trade Policy Review (TPR) and calls for a concrete action plan to make this ambition a reality;
Amendment 41 #
2020/2117(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the incorporation of the Paris Agreement as an essential element in all trade, investment and partnership agreements; stresses that ratification of the International Labour Organization (ILO) core conventions and respect for human rights are requirements for concluding FTAs; asks for ambitious chapters on gender, women empowerment and on small and medium-sized enterprises (SMEs) to be included in all trade agreements;
Amendment 51 #
2020/2117(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the post-COVID-19 recovery is a unique opportunity to set the agenda for sustainable growth; calls on the Commission, therefore, to present its review of the 15-point action plan on TSD chapters without delay; expects the review to address the enforceability of TSD commitments as a matter of urgency, as it is not currently included; recalls, in this regard, the non-paper from the Netherlands and France on trade, social economic effects and sustainable development11 ; suggests that, as a minimum, recent advances in enforceability should be applied to EU trade policy, namely the ability to tackle any non-compliance by partners through unilateral sanctions, including thesuch as an introduction of tariffs or quotas on certain products or the cross- suspension of other parts of an agreement; __________________ 11Non-paper from the Netherlands and France on trade, social economic effects and sustainable development, accessed at ‘the Netherlands at International Organisations (permanentrepresentations.nl)’.
Amendment 78 #
2020/2117(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the EU to take a leading role at a multilateral level to end harmful subsidies by advocating transparency and strict regulation and disciplines in trade agreements and at the World Trade Organization (WTO); stresses the importance of drawing up sustainability impact assessments on an ex-ante, intermediate and ex-post basis; stresses the need to develop a comprehensive framework with concrete targets to advance the SDGs, the Green Deal and the ILO Decent Work Agenda in trade and investment agreements; emphasises that new agreements should only be concluded once these targets have been fulfilledwhen tangible commitments are made by our trading partners and that existing agreements should be revised accordingly;
Amendment 117 #
2020/2117(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of ensuring fair competition and a level playing field for European businesses in both the internal market and third-country markets; stresses, in this regard, the importance of trade defence instruments and calls on the Commission to swiftly complete the EU’s trade defence toolbox through legislative proposals, supported by impact assessments in 2021, giving priority to an instrument to tackle distortions caused by foreign subsidies and state-owned enterprises and to the conclusion of negotiations on the International Procurement Instrument12 ; __________________ 12Amended proposal for a regulation of the European Parliament and of the Council of 29 January 2016 on the access of third- country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries (COM(2016)0034).
Amendment 124 #
2020/2117(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that openness should go hand in hand with safeguarding our strategic sectors and should be closely connected with an ambitious, forward- looking industrial policy in line with the Green Deal and digital strategy, boosting economic recovery, increasing competitiveness of our businesses, creating quality jobs and ensuring that Europe plays a crucial role in the production of innovative goods and future services;
Amendment 137 #
2020/2117(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that the EU is too dependent on a limited number of suppliers for critical goods and services; insists that the EU should overcome these undesirablexcessive dependencies via a mix of policies to incentivise companies to stockpile, diversify sourcing strategies and promote nearshoring, which could create new trading opportunities for partners in the Eastern and Southern Neighbourhoods and shall be accompanied by regulatory approximation in strategic sectors; underlines that our priority should be further diversification of sources and constant private sector adaptation to shocks;
Amendment 179 #
2020/2117(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned about the recent rise in export restrictions on vaccines by the main manufacturing countries such as the US, the UK, China and India and by the EU and emphasises that this endangers the rapid global scaling up of vaccine production capacity, disrupts production chains and could lead to retaliations; urges the Commission to engage with producing countries to swiftly eliminate export barriers and to replace the export authorisation mechanism with an export and import notification requirement; insists on having timely and comprehensive access to such data;
Amendment 199 #
2020/2117(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that international trade policy must play a proactive role in this endeavour by facilitating trade in raw materials, alleviating shortages of qualified and experienced personnel, solving supply chain problems and revisiting the global framework for intellectual property rights for future pandemics; insists, in this regard, on a constructive dialogue about a temporary waiver of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in order to ensure that countries do not face retaliation over COVID-19 related patent infringements during the pandemic;
Amendment 206 #
2020/2117(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Underlines that researchers and industry have put major efforts into the development of new COVID diagnosis, treatments and vaccines; in this regard, opines that The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) allows for the necessary flexibilities in relation to IP and does not represent a genuine barrier as regards access to COVID-related technologies;
Amendment 211 #
2020/2117(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Commission to set out concrete and specificmap vulnerable supply chains and identify possible actions and a roadmap to implement the concept of open strategic autonomy; stresses that the EU’s market strength, values and adherence to cooperation, fairness and rule-based trade should be the basis of such openness; strongly recommends that the EU seeks out partnerships with like-minded partners; stresses, however, that where cooperation is not possible, the EU should pursue its interests through autonomous measures to protect its values and fight unfair trading practices;
Amendment 225 #
2020/2117(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the TPR’s affirmation of multilateralism and extensive proposals for the necessary in-depth reform of the WTO; shares the Commission’s emphasis on sustainable development in its vision for WTO reform and urges the Commission to bring to bear all efforts to implement a sustainable development agenda; stresses the importance of taking forward the WTO initiative on trade and climate, technology and climate and make progress on plurilateral negotiations on e-commerce and investment facilitation;
Amendment 235 #
2020/2117(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Shares the suggestion made in the TPR that the G20 should cooperate and take a leading role in achieving carbon neutrality worldwide; stresses, however, that in order for this approach to be effective, some members will need to raise their emission reduction commitmentshowever stresses that reintroducing new trade tariffs would have implications for trade and global economy at a time when we want to maximise the strength of the post-Covid recovery;
Amendment 243 #
2020/2117(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports the new, forward-looking transatlantic agenda based on common interests and, shared values and goals; urges the Commission and the US administration to cooperate closely in orderto find a solution to ongoing transatlantic trade disputes such as Boeing-Airbus conflict, digital taxes or tariffs on steel and aluminium, to cooperate in the framework of Transatlantic Trade and Technology Council and to work together on a new ambitious and comprehensive trade agreement; in order to increase market access to EU companies, to secure a level playing field and to agree on ambitious social and environmental standards and build on each other’s experience to enforce these more efficiently; calls for joint efforts to overcome the pandemic, speed up the economic recovery and facilitate trade in essential medical goods; reiterates that we should work together to achieve meaningful WTO reform and find common solutions to common problwith regard to the WTO’s dispute settlement systems;
Amendment 251 #
2020/2117(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is aware of the importance of the EU’s multifaceted trade relationship with China which has become in 2020 the most important trading partner of the EU in trade of goods; firmly believes that EU- China trade relations require a more balanced and reciprocal approach; stresses that the ratification process of the EU-China Comprehensive Agreement on Investment making it beneficial for both sides; stresses that the EU-China Comprehensive Agreement on Investment (CAI) aims at increasing market access for investors and establishing rules that are to improve the level playing field for European companies in China; underlines that the ratification process of the CAI cannot be separated from the evolving dynamics of the wider EU-China relationship and can only begin once the EU has the requisite autonomous measures in place, including a ban on products made using forced labour, an upgraded trade defence toolbox and a working sanctions mechanism on human rights; demands that the Commission move forward with the Investment Agreement with Taiwan;
Amendment 267 #
2020/2117(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the TPR’s engagement towards Africa and the Eastern and Southern Neighbourhoods and looks forward to concrete steps to deepen the EU’s relations with these partners; emphasizes that far more focus shall be placed on the Asia Pacific region - the most important part of the world in terms of economic growths for the foreseeable future and calls for comprehensive and ambitious Indo-Pacific strategy; reiterates the importance of a strategic and sustainable partnership with Southeast Asia, India and Latin America;
Amendment 10 #
2020/2098(REG)
Proposal for a decision
Paragraph 2
Paragraph 2
2. Stresses that the sanitary crisis caused by the Covid-19 pandemic has revealed that its Rules of Procedure did not providrequire fmor all appropriate measures in order to facilitate thee developed procedures in order to ensure the unlimited functioning of Parliament in different types of extraordinary circumstances;
Amendment 11 #
2020/2098(REG)
Proposal for a decision
Paragraph 3
Paragraph 3
3. Takes notUnderlines the importance of the temporary measures adopted, in compliance with the rule of law, by its President and its governing bodies in the current sanitary crisis, in order to cope with such extraordinary circumstances; underlinstresses that there were no alternatives to those measures were neein ordedr to guarantee the continuity of Parliament’s business, as required by the Treaties, and that they allowinged Parliament to carry out its legislative, budgetary and political control functions during the crisis in accordance with the procedures provided for by the Treaties;
Amendment 13 #
2020/2098(REG)
Proposal for a decision
Paragraph 4
Paragraph 4
4. RecogniStresses that those temporary measures were fully justified and that they ensured the validity of all votes taken during their period of application;
Amendment 17 #
Amendment 20 #
2020/2098(REG)
Title XIII a (new) – rule 237 a (new)
Amendment 27 #
2020/2098(REG)
Title XIII a (new) – rule 237 b (new)
Rule 237b Impairment of the political balance in Parliament 1. The President may, with the agreement of the Conference of Presidents, adopt the necessary measures in order to facilitate participation of Members or a political group concerned if, on the basis of reliable evidence, the President comes to the conclusion that the political balance in Parliament is severely impaired because it is impossible or dangerous for a significant number of Members or a political group to take part in Parliament’s proceedings in accordance with its usual procedures as set out elsewhere in these Rules. The sole aim of such measures referred to in paragraph 1 shall be to allow the remote participation of Members concerned by the application of selected technical means under Rule 237c(1) or by other appropriate means serving the same purpose. 2. The President may, with the agreement of the Conference of Presidents, adopt the measures provided for under Rule 237a(3), point (a) if, on the basis of reliable evidence, the President comes to the conclusion that the political balance in Parliament is severely impaired because it is impossible or dangerous for a significant number of Members or a political group to take part in Parliament’s proceedings, in person or by remote connection, in accordance with its adopted calendar. 3. Measures under paragraphs 1 and 2 may be adopted if a significant number of Members are affected by exceptional and unforeseeable circumstances beyond their control. In assessing whether a significant number of Members are involved, severe impairment of the political balance shall be the decisive factor, in line with the principle of degressively proportional representation set out in Article 14 TEU. Measures may be taken in accordance with paragraphs 1 and 2, to the extent that they are suitable, necessary and proportionate. 4. Rule 237a(2), third fourth and fifth subparagraphs, and the rules and principles laid down in Rule 237a(4) and (5) shall apply accordingly.
Amendment 34 #
2020/2098(REG)
Title XIII a (new) – rule 237 c (new)
Amendment 37 #
2020/2098(REG)
Title XIII a (new) – rule 237 d (new)
Rule 237d Holding of the plenary sitting in separate meeting rooms Where the President, with the agreement of the Conference of Presidents, decides in accordance with Rule 237a(3), point (c), to allow a plenary sitting of Parliament to be held in whole or in part in more than one meeting room, including, where appropriate, the Chamber, the following rules shall apply: - the meeting rooms used in this context shall be considered to collectively constitute the Chamber; - if necessary, the President may, with the agreement of the Conference of Presidents, determine the manner in which the respective meeting rooms can be used, in order to ensure that physical distancing requirements are respected.
Amendment 41 #
2020/2098(REG)
Title XIII a (new) – rule 237 e (new)
Rule 237e Parliamentary business during a period of extraordinary circumstances 1. Without delay after the adoption of a decision by the President under Rule 237a(2), the Conference of Presidents shall issue general guidelines for those activities that are essential and urgent for Parliament during the period of extraordinary circumstances referred to in Rule 237a(1). Those activities shall include measures that need to be taken with regard to the extraordinary circumstances, to budgetary matters, to urgent legislative procedures or to major political events. 2. During the period of validity of a decision adopted under Rule 237(2), the parliamentary business conducted in part- sessions and committee meetings shall, in principle, be limited to the consideration and adoption of measures identified as essential by the Conference of Presidents in accordance with paragraph 1. A committee, political group or a number of Members reaching at least the low threshold may at any time request the Conference of Presidents to consider an activity as essential. Where the Conference of Presidents rejects such a request, it shall state its reasons for doing so.
Amendment 4 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes note of the Commission’s initiatives to support European SMEs’ access to international markets; Calls for the need to include a separate chapter for SME's in all future trade agreements to ensure SME's reap maximal fruits of the market access gained; Calls furthermore on the Commission to support the national and regional export agencies in their efforts to allow SME's to take best advantage of trade agreements. Indicates in this regard the new role and functioning of the chief Trade Enforcement Officer, stresses, however, that SMEs have to deal with too many regulations and burdens and excessive bureaucracy; stresses that SMEs are kept at a competitive disadvantage by investing in climate neutrality to comply with the Green Deal while trying to remain competitive and thrive on export markets;
Amendment 20 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 37 #
2020/2076(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to contribute to build up the EU’s strategic autonomy based on more resilient supply chains, import diversification and appropriate stockpiling; calls for a EU Strategy on smart reshoring of industries in order to ease our dependency- innovation, modernisation, research, digitisation and robotisation will be key to ensure competitiveness of companies concerned;
Amendment 46 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports, in principle, the initiative to reinforce a rule-based multilateral trading system; expresses its concern, however, about the functioning of the WTO, owing to some international actors abusing their market powerincites the Commission to step up its efforts to achieve agreement on WTO reform and the WTO dispute settlement system, in particular WTO Appellate body;
Amendment 65 #
2020/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the reinforcement of the safeguard instruments in order to make them more efficient and betterWarns against unjustifiable protectionist measures leading to disrupting the global economy; Calls for the robust deployment of the European safeguard instruments adapted to protect European industry and to tackle market distortions effectively;
Amendment 79 #
2020/2076(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to strengthen the screening of foreign direct investment and to protect access to strategic industries, infrastructure, key enabling technologies, or any other assets in the interests of security and cybersecurity.; Underlines the mainly coordinating role of the Commission with option for individual Member States to decide whether or not to apply a mechanism;
Amendment 20 #
2020/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that the EU depends on a narrow set of countries for a large proportion of its imports of low technology medical supplies, active pharmaceutical ingredients and chemical raw materials; stresses that this over- reliance can pose a risk when limitations in production capacity, excess demand or protectionist measures threaten the proper functioning of global supply chains and potentially undermine the availability of medicines in the EU; calls on the Commission to present a long-term strategy focused on ensuring the EU’s open strategic autonomy in health;
Amendment 30 #
2020/2071(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that the EU is a leading global exporter of pharmaceutical products and one of the most research intensive region in this area in the world; notes that the protection and enforcement of IP rights in free trade agreements (FTAs) and at the WTO is crucial to the development of new medicines and treatments; underlines that the flexibilities provided in the TRIPS agreement can be used to address potential supply shortages in exceptional circumstances;
Amendment 56 #
2020/2071(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that a complete repatriation of medical supply chains is noteither possible in a global economyor desirable as global medical markets and global specialisation is to the benefit of the EU; urges the Commission and the Member States to work with the EU’s partners, the WHO and WTO, on establishing an international framework that can prevent the breakdown of supply chains and limit resort to protectionist measures during health crises.
Amendment 26 #
2020/2043(INI)
2. Supports, in the absence of a global carbon price and a multilateral solution, a market-based EU carbon border adjustment mechanism (CBAM) covering imports from countries not subject to a equivalent carbon trading scheme; on condition that it is compatible with EU free trade agreements (FTAs) and WTO rules (by being non- discriminatory and not constituting a disguised restriction on international trade), and that it is proportionate, based on the polluter pays principle and fit for purpose in delivering the climate objectives;
Amendment 72 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for thorough impact assessments and for the utmost transparency of the process leading to the CBAM, as well as engagement with WTO and the EU’s trading partners to build coalitions and avoid any possible retaliations;
Amendment 79 #
2020/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that many carbon- and trade- intensive industrial sectors could potentially be impacted by the CBAM, either directly or indirectly, and that it could influence supply chains; emphasises therefore, that any CBAM design should be a complementary measure to the existing carbon leakage measures to better control the cost impact and to safeguard the EU industrial sectors’ global level playing-field vis a vis third country competition with non-equivalent CO2 reduction targets and costs; stresses that any CBAM should be easy to administer anshould not place an unduexcessive financial and administrative burden on enterprises, especially small and medium- sized enterprises (SMEs) and should not harm competitiveness of EU businesses and industries at a global stage.
Amendment 10 #
2020/2023(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU is seeking to establish an ambitious and comprehensive new partnership with the UK that covers the areas of interest outlined in the Political Declaration: trade and economic cooperation, law enforcement and judicial cooperation in criminal matters, foreign policy, security and defence, andcounter- terrorism, cyber security and other thematic areas of cooperation;
Amendment 15 #
2020/2023(INI)
Motion for a resolution
Recital F
Recital F
F. whereas as a third country, the UK cannot have the same rights and enjoy the same benefits as a member and the situation in both the EU and the UK will therefore change significantly as of January 2021;
Amendment 19 #
2020/2023(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the UK is an important player and ally in the field of foreign affairs, security and defence, characterized by its large defence budget, its far-reaching diplomatic network, high- class security and intelligence services and permanent seat on the UN Security Council, and a founding member of NATO
Amendment 20 #
2020/2023(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas the EU is the UK’s largest trading partner; in 2018 UK exports to the European Union represented 45% of all UK exports while UK imports from the EU went up 53% of all UK imports; whereas a surplus in trade in services was outweighed by deficit in trade of goods;
Amendment 30 #
2020/2023(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the future relationship must be based on a balance of rights and obligations, taking into account the principles of each Party
Amendment 38 #
2020/2023(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that there is a high level of convergence between the negotiating objectives expressed in its resolution of 12 February 2020 and the negotiating directivesose adopted by the Council on 25 February 2020; emphasises that the Commission has Parliament’s full support in negotiating with the UK in accordance with the established directives, as all three institutions broadly share the objectives thato be achieved through these negotiations should achieve;
Amendment 44 #
2020/2023(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 57 #
2020/2023(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Recalls that any future association agreement concluded between the EU and the UK pursuant to Article 217 of the TFEU (‘the Agreement’) must be in strict concordance with the following principles:
Amendment 85 #
2020/2023(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the fact that from the EU’s perspective, the aim of the negotiations is to establish a new partnership with the UK that is comprehensive and covers the areas outlined in the Political Declaration: trade and economic cooperation, law enforcement and judicial cooperation in criminal matters, foreign policy, security and defence, and thematic areas of cooperation; calls for pragmatism and flexible approach on both sides;
Amendment 87 #
2020/2023(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the fact that from the EU’s perspective,at the aim of the negotiations is to establish a new, ambitious and comprehensive partnership with the UK that is comprehensive and covers the areas outlined in the Political Declaration: trade and economic cooperation, law enforcement and judicial cooperation in criminal matters, foreign policy, security and defence, andcounter-terrorism, cyber security and wider thematic areas of cooperation;
Amendment 100 #
2020/2023(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises the importance of being ready for the UK’s withdrawal from the internal market and the customs union at the end of the transition period on 31 December 2020, regardless of the outcome of the negotiations; stresses that the consequences will be even more significant should no agreement be reached; welcomes, in this regard, the Commission’s sector-specific ‘readiness notices’, which seek to ensure that EU industry is ready for the inevitable shock that the UK’s withdrawal from the single market will cause;
Amendment 123 #
2020/2023(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the Withdrawal Agreement is the instrument for implementing the arrangements for the UK’s withdrawal from the EU and that the only purpose of the EU-UK Joint Committee is to oversee its applicunder the Withdrawal Agreement is to oversee its implementation, application and interpretation; underlines the importance of the effective implementation of the Withdrawal Agreement as a litmus test for the good faith that the UK brings to the negotiating process and recalls that the outcome of the negotiations would be linked to itrust between the parties to the Agreement;
Amendment 143 #
2020/2023(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that under the Protocol on Ireland/Northern Ireland, after the end of the transition period the UK, while being a third country, will have the task ofo implementing parts of the Union Customs Code, which will require unprecedentednew structures to be set up even before the end of the transition period, necessitating due consideration for the issue of proper implementation and enforcement; calls on the Commission to carry out efficient checks and controls; notes that the term goods ‘at risk of subsequently being moved into the Union’ used in Article 5 of that Protocol is unclear and depends on subsequent decisions of the Joint Committee which are exempt from formal European Parliament scrutiny; requests to be kept fully informed on the application of that Article and any proposals for decisions of the Joint Committee in that regard;
Amendment 151 #
2020/2023(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that until 31 December 2020the end of the transition period, the United Kingdom is obliged to contribute to the financing of the European Defence Agency, the European Union Institute for Security Studies, and the European Union Satellite Centre, and to the costs of Common Security and Defence Policy (CSDP) operations;
Amendment 156 #
2020/2023(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the fact thatat during the transition period the UK must implement all pre-nd upheld all new and existing EU restrictive measures and sanctions and any decided during the transition period, must support EU statements and positions in third countries and international organisations, and participate on a case-by- case basis in EU military operations and civilian missions established under the CSDP, yet without any leading capacity within a new Framework Participation Agreement, while respecting the EU’s decision-making autonomy and the relevant EU decisions and legislation, including on procurement and transfers in the field of defence; asserts that such cooperation is conditional on full compliance with international human rights law and international humanitarian law and EU fundamental rights;
Amendment 190 #
2020/2023(INI)
Motion for a resolution
Paragraph 13 – point iii
Paragraph 13 – point iii
(iii) while striving for the widest possible trade in goods, the Commission should evaluate possible quotas and tariffs for the most sensitive sectors as well as the need for safeguard clauses to protect the integrity of the EU single market; reiterates, moreover, that for instance with respect to food and agricultural products, access to the single market is conditional on strict compliance with all EU laws and standards, particularly in the fields of food safety, genetically modified organisms (GMOs), pesticides, geographical indications, animal welfare, labelling and traceability, sanitary and phytosanitary (SPS) standards, and human, animal and plant health;
Amendment 193 #
2020/2023(INI)
Motion for a resolution
Paragraph 13 – point iii
Paragraph 13 – point iii
(iii) while striving for the widest possible trade in goods, tThe Commission should evaluate possiblensure zero quotas and tariffs, for the most sensitive sectorsees or charges across all sectors as outlined in the Political Declaration as well as the need for safeguard clauses to protect the integrity of the EU single market; reiterates, moreover, that for instance with respect to food and agricultural products, access to the single market is conditional on strict compliance with all EU laws and standards, particularly in the fields of food safety, genetically modified organisms (GMOs), pesticides, geographical indications, animal welfare, labelling and traceability, sanitary and phytosanitary (SPS) standards, and human, animal and plant health;
Amendment 237 #
2020/2023(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Regrets the UK’s negotiating position with the EU of hitherto not engaging in detailed negotiations on the level playing field; points out that this position does not reflect paragraph 77 of the Political Declaration signed by both sides where was stated that the precise nature of the commitments ensuring a level playing field should be commensurate with the scope and depth of the future relationship and the economic connectedness of both sides;
Amendment 294 #
2020/2023(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that this is contrary to the provisions of the Political Declaration, which contains a part dedicated specifically to the EU-UK futurealls for the establishment of a future broad, comprehensive and balanced EU-UK security partnership, and to which the UK has agreed;
Amendment 296 #
2020/2023(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls the importance of the UK's military, intelligence and diplomatic sources and its commitment to European security; calls, with a view to international peace and stability, Europe's security and the safety of their respective citizens, on the UK and the EU and its Member States to maintain a strong and close relationship, including through NATO, in terms of security and defence in order to address issues of shared concern;
Amendment 326 #
2020/2023(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the fact that the EU is anand its Member States are important partners for the UK in foreign and security policy, as the need for common responses to address foreign, security and defence policy challenges is crucial to both sides; encourages the exchange of information and intelligence as well as close cooperation in the areas of counter- terrorism, space policy, cyberwarfare and chemical, biological, radiological and nuclear (CBRN) defence;
Amendment 332 #
2020/2023(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises that as of 1 January 2021, if there is nothe absence of a timely agreement on cooperation ion foreign and security policy, the UK will be considered a third country, which will have an unwelcome impact on existing cooperation in foreign and security policythis field as of 1 January 2021;
Amendment 345 #
2020/2023(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. ConsiderStresses that it is in the commonmutual interest of the UK and the EU to cooperate on the development of effective and genuinely interoperable defence capabilities, including within the European Defence Agency, and to continue the highly valuable partnerships within NATO and EU programmes on defence and external security, such as the European Defence Fund, Galileo and cyber-security programmes;
Amendment 349 #
2020/2023(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that a number of restrictive measures (sanctions regimes) are currently in force in the UK under EU legislation; underlines the fact that the UK will still be bound to apply UN sanctions regimes following its withdrawal; cCalls for the establishment of a proper coordination mechanism for sanctions between both parties in order to maximise their impact and to ensure convergence and that mutual interests are pursued and met in the promotion of common values;
Amendment 4 #
2020/2014(INL)
Draft opinion
Recital A
Recital A
A. whereas Artificial Intelligence (AI) plays an increasing role in our everyday lives and has the potential to contribute to the development of innovations in many sectors and offer benefits for consumers through innovative products and services and, for businesses, through optimised performance and increased competitiveness;
Amendment 10 #
2020/2014(INL)
Draft opinion
Recital B
Recital B
B. whereas the use and development of AI applications in products might also present challenges to the existing legal framework on products and reduce their effectiveneswhich is not necessarily adapted to these new applications, thus potentially undermining consumer trust and welfare due to their specific characteristics; believes, however, that this should not lead to reactionary regulation but on the contrary calls for a policy based on reflection and enhancing trust;
Amendment 17 #
2020/2014(INL)
Draft opinion
Recital C
Recital C
C. whereas robust liability mechanisms remedying damage contribute to better protection of consumers, creation of trust in new technologies integrated in products and acceptance for innovation while ensuring legal certainty for business; underlines that in order to build acceptance, the theoretical benefits of artificial intelligence should also contribute effectively to wellbeing and development;
Amendment 23 #
2020/2014(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s aim, which is to make the Union legal framework fit the new technological developments, ensuring a high level of protection for consumers from possible harm caused by new technologies while maintaining the balance with the needs ofobjective of digitisation of industrial and consumer products and supporting technological innovation;
Amendment 40 #
2020/2014(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to assess whether definitions and concepts in the product liability framework need to be updated due to the specific characteristics of AI applications such as complexity, autonomy and opacity, in particular to account for changes in the applications that may occur autonomously after the product has been placed on the market;
Amendment 45 #
2020/2014(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to scrutinise whether it is necessary to include software in the definition of ‘products’ under the Product Liability Directive and to update concepts such as ‘producer’, ‘damage’ and ‘defect’, and if so, to what extent; recommends that the basic distinction between a producer and its product, in this case, an artificial intelligence application, should remain and AI should not be granted its own autonomous personality; asks the Commission to also examine whether the product liability framework needs to be revised in order to protect injured parties efficiently as regards products that are purchased as a bundle with related services;
Amendment 62 #
2020/2014(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to evaluate whether and to what extent the burden of proof should be reversed in order to empower harmed consumers while preventing abuse and providing legal clarity for businesses; stresses that any such finding, where demonstrated necessary, should be limited in scope;
Amendment 277 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness off manifestly illegal content, act expeditious related to serious crimes, act promptly to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated tso allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal contentthat it is evident to a layperson, without any substantive analysis, that the content is illegal and related to serious crimes.
Amendment 352 #
2020/0361(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In that regard, it is important that the due diligence obligations are adapted to the type and nature of the intermediary service concerned. This Regulation therefore sets out basic obligations applicable to all providers of intermediary services, as well as additional obligations for providers of hosting services and, more specifically, very large online platforms and very large social online platforms. To the extent that providers of intermediary services may fall within those different categories in view of the nature of their services and their size, they should comply with all of the corresponding obligations of this Regulation. Those harmonised due diligence obligations, which should be reasonable and non-arbitrary, are needed to achieve the identified public policy concerns, such as safeguarding the legitimate interests of the recipients of the service, addressing illegal practices and protecting fundamental rights online.
Amendment 356 #
2020/0361(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location.
Amendment 361 #
2020/0361(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Providers of intermediary services that are established in a third country that offer services in the Union should designate a permanent, sufficiently mandated legal representative in the Union and provide information relating to their legal representatives, so as to allow for the effective oversight and, where necessary, enforcement of this Regulation in relation to those providers. It should be possible for the legal representative to also function as point of contact, provided the relevant requirements of this Regulation are complied with.
Amendment 365 #
2020/0361(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of protecting fundamental rights, in particular freedom of expression and of information, transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes.
Amendment 367 #
2020/0361(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) Very large social online platforms play an essential role in the public debate. They can be considered the modern-day version of a postal service. Anyone who is barred from this handful of platforms is largely silenced. It is not appropriate that those platforms should be free to engage in censorship as they see fit, whether or not by means of automated systems, enabling them to steer the public debate (intentionally or unintentionally) in a particular direction. Moreover, practice has shown that content moderation by automated systems is context-insensitive and all too often removes humour, satire, irony, legitimate forms of protest, and political opinions. To ensure freedom of expression and of information, provision should be made for a derogation from freedom of contract for these providers of intermediary services. A universal service obligation should be imposed on very large social online platforms. Those platforms should allow anyone, in principle, to post and receive content on their platforms. They should remove, on their own initiative, only manifestly illegal content related to serious crimes. Universal service should be provided without discrimination of any kind. Any universal service tariffs should be objective, transparent, non-discriminatory and fair.
Amendment 380 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their sizewith the exception of micro or small enterprises as defined in Commission Recommendation 2003/361/EC, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Very large online social platforms should remove, on their own initiative, only manifestly illegal content related to serious crimes, including in response to a notice. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
Amendment 390 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider, within the limits of the rules laid down by this Regulation, decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be manifestly illegal content related to serious crimes, illegal content or incompatible with the applicable terms and conditions. This obligation should not apply to micro and small enterprises as defined in Commission Recommendation 2003/361/EC. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 406 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 419 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. They should make assessments on a case-by-case basis at all times, taking into account all relevant facts and circumstances. Very large online social platforms should take particular account, albeit not in every respect, of the universal service obligation that they have in principle. Notwithstanding the universal service obligation for very large online social platforms, this is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms, within the limits of the rules established by this Regulation, from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 466 #
2020/0361(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service, in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result. Very large social online platforms are a subcategory of very large online platforms, which people use primarily to build a social network and social relationships. Given the essential role that very large social online platforms play in the public debate and in social interaction, it is necessary to impose a universal service obligation on those platforms in addition to the obligations applicable to all very large online platforms.
Amendment 483 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service, in particular freedom of expression and of information. Such measures should be without prejudice to the universal service obligation for very large online social platforms. Very large online social platforms should allow anyone, in principle, to post and receive content on their platforms. Those platforms should remove, on their own initiative, only manifestly illegal content related to serious crimes.
Amendment 525 #
2020/0361(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, the Commission will issue guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan. Codes of conduct are without prejudice to the obligations under this Regulation, including the universal service obligation to be met by very large social online platforms.
Amendment 692 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) ‘illegal content related to serious crimes’ means any information which, in itself or by its reference to an activity, including the sale of products or provision of services, appears on the list of ‘serious crimes’ in Annex I;
Amendment 693 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g b (new)
Article 2 – paragraph 1 – point g b (new)
(gb) 'manifestly illegal content’ means content the illegality of which is evident to a layperson without any substantive analysis;
Amendment 725 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means, within the limits of the rules laid down by this Regulation, the activities undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility and accessibility of that illegal content or that information, such as demotion, disabling of access to, or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
Amendment 756 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) does not have actual knowledge of illegal activity or illegal content and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or illegal content is apparent; ormanifestly illegal content related to serious crimes;
Amendment 760 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awarenessf manifestly illegal content, acts expeditiously to remove or to disable access to theat illegal content.
Amendment 763 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. For an interpretation of 'expeditiously', account shall be taken at all times of all specific circumstances, in particular the size of the service provider and the resources it has or ought to have.
Amendment 943 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objective and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter, in particular freedom of expression and of information.
Amendment 952 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Paragraphs 1 and 2 shall apply without prejudice to the universal service obligation that very large social online platforms have under Article 33a.
Amendment 988 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) without prejudice to Article 33a, the content moderation engaged in at the providers’ own initiative, including the number and type of measures taken that affect the availability, visibility and accessibility of information provided by the recipients of the service and the recipients’ ability to provide information, categorised by the type of reason and basis for taking those measures; providers of intermediary services shall furthermore provide clear information on the use of automated systems;
Amendment 1026 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Providers of hosting services, with the exception of micro or small enterprises as defined in Recommendation 2003/361/EC, shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means.
Amendment 1062 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness, for the purposes of Article 5 , only in respect of the specific item of information concernedmanifestly illegal content related to serious crimes.
Amendment 1097 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services, within the limits of the rules laid down by this Regulation and in particular by Article 33a, decides to remove or disable access to specific items of information provided by the recipients of the service, irrespective of the means used for detecting, identifying or removing or disabling access to that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the removal or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 1123 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Micro or small enterprises as defined in Commission Recommendation 2003/361/EC shall be excluded from the scope of that provision.
Amendment 1177 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling systems are easy to access, user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. Complaints shall be handled in a language chosen by the service recipient.
Amendment 1257 #
Amendment 1346 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Very large social online platforms shall take particular account of the obligation to provide a universal service in principle.
Amendment 1540 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. Very large social online platforms are a subcategory of very large online platforms, which people use primarily to build a social network and social relationships.
Amendment 1618 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
Amendment 1648 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. This article shall be without prejudice to the universal service obligation that very large social online platforms have under Article 33a.
Amendment 1694 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
Amendment 1807 #
2020/0361(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33a Universal service obligation for very large social online platforms 1. Very large social online platforms fulfil an essential role in the public debate and social interaction. They shall have a universal service obligation to allow anyone, in principle, to post and receive content on their platforms. They shall provide that service without discrimination. 2. Very large social online platforms shall remove, on their own initiative, only manifestly illegal content related to serious crimes. 3. In the event of misuse as defined in Article 20(1), very large social online platforms may temporarily suspend their services to service recipients that frequently provide manifestly illegal content. When making their assessments in accordance with Article 20(3) and (3a), they shall take particular account of the universal service obligation imposed on them in principle. 4. Any universal service tariffs shall be objective, transparent, non- discriminatory and fair.
Amendment 1817 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point b
Article 34 – paragraph 1 – point b
Amendment 2279 #
2020/0361(COD)
Proposal for a regulation
Article 68 – paragraph 1 – introductory part
Article 68 – paragraph 1 – introductory part
Without prejudice to Directive 2020/XX/EU of the European Parliament and of the Council, recipients of intermediary services shall have the right to mandate a body, organisation or association to exercise the rights referred to in Articles 17, 18 and 198 on their behalf, provided the body, organisation or association meets all of the following conditions: __________________ 52 [Reference].
Amendment 2297 #
2020/0361(COD)
Proposal for a regulation
Chapter V a (new)
Chapter V a (new)
Amendment 10 #
2019/2207(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that Member States are responsible for ensuring a high level of mutual trust, which is premised on their obligation to respect the Treaties, the Charter of Fundamental Rights and EU legislation, as well as on the adherence of their institutions to EU values, including the respect for the rule of law (Article 2 of the TEU); stresses that the principle of mutual recognition on which the European arrest warrant system is based, is itself founded on the mutual confidence between the Member States that their national legal systems are capable of providing equivalent and effective protection of the fundamental rights recognised at EU level, particularly in the Charter;
Amendment 32 #
2019/2207(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the FDEAW should be fully brought under the Lisbon Treaty as a new legislative instrument; is convinced that this would provide substantial benefits in terms of democratic legitimacy, legal certainty and transparency, enhance coherence with other criminal law instruments, and allow for clarification of ‘judicial authority’ as an autonomous concept of EU lawIs convinced that providing greater transparency and independent scrutiny regarding the use of the EAW, would bring significant democratic legitimacy and confidence to the EU’s wider criminal justice area;
Amendment 38 #
2019/2207(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that the Charter of Fundamental Rights, as a source of primary law, always has precedence over any piece of secondary legislation concerning the European arrest warrant; insists that, as is stated in Article 51(1) of the Charter of Fundamental Rights, Member States and, consequently their courts, must respect the Charter where they are implementing EU law, which is the case when the issuing judicial authority and the executing judicial authority are applying the provisions of national law adopted to transpose the Framework Decision; is of the opinion therefore that automatic surrendering is out of the question, as confirmed by the European Court of Justice in the Aranyosi-judgment (C-404/15); insists that judicial control is always necessary to verify, among others, if there is a lawful decision, a competent authority and respect for the fundamental rights; notes that where the judicial authority of the executing Member State is in the possession of evidence of a real risk of a violation of fundamental rights in the issuing Member State, that judicial authority is bound to assess the existence of that risk when it is called upon to decide on the surrender to the authorities of the issuing Member State;
Amendment 40 #
2019/2207(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the withdrawal of the UK from the EU creates opportunities for further unification of the criminal justice area; rRecalls that the Political Declaration on the future relationship states that the UK and EU ‘will provide for comprehensive, close, balanced and reciprocal law enforcement and judicial cooperation in criminal matters’; insists that any agreement between the EU and UK in the field of criminal justice cooperation must be underpinned, inter alia, by their commitments on fundamental rights, as well as by the role of the ECJ in this matter.
Amendment 15 #
2019/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to continue negotiating ambitious, enforceable competition and State aid provisions in all future trade agreements as part of a holistic and ambitious EU trade policy; Underlines the specific needs for research funding as the basis of innovation and development for our businesses and industries and key element to boost competitiveness;
Amendment 19 #
2019/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to ensure that competition rules are compatible with the modern economy and best serve European consumers by fully taking into account the impact of the digitalisation of the economy on how global markets operate; welcomes, in this context, the ongoing plurilateral WTO e-commerce negotiations to ensure that companies can compete worldwide on a level playing field based on global trading rules. Emphasises that the EU should take the lead in these negotiations.
Amendment 19 #
2019/0142M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes and acknowledges the fact that, while it remains unclear whether any compensation has been foreseen, Australia and other WTO members that export beef to the EU agreed to support this agreement by accepting that the vast majority of the quota would be allocated to the US;
Amendment 11 #
2018/0358M(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas Vietnam’s infrastructure and investment needs massively exceed public funds currently available;
Amendment 78 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the economic and strategic importance and value of this agreement, as the EU and Vietnam share a common agenda and common values – to stimulate growth and employment, boost competitiveness, fight against poverty and make progress towards achieving the Sustainable Development Goals (SDGs);
Amendment 81 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the significance of the agreement in terms of competitiveness of EU businesses in the region; notes that European companies are facing increased competition from countries with which Vietnam has already free trade agreements, notably the Comprehensive and Progressive Agreement for Trans- Pacific Partnership (CPTPP);
Amendment 119 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that the agreement does not contain a specific SMEs chapter, different provisions on SMEs are however included in various parts of the agreement, stresses that implementation phase will be crucial for introducing concrete measures to boost utilisation rate of SMEs on both sides;
Amendment 148 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Acknowledges the significant decrease of the child labour in Vietnam in recent years and welcomes the commitment to child labour eradication by the Vietnamese government; reminds that Vietnam was the first country in Asia and second in the world to ratify the United Nations’ International Convention on the Rights of the Child;
Amendment 196 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the involvement of civil society in monitoring the implementation of the agreement is crucial, and calls for the swift establishment of domestic advisory groups following the entry into force of the agreement and for the balanced representation of civil society therein; points out the importance of preparatory implementation works as new recommendations have been already communicated by civil society organisations to Vietnamese authorities;
Amendment 145 #
2012/0060(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 153 #
2012/0060(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In the light of the overall policy objective of the Union to support small and medium sized enterprises (SMEs), this Regulation should also not apply to tenders submitted by autonomous SMEs manufacturing the goods or providing services subject to the procurement covered by IPI measures.
Amendment 165 #
2012/0060(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to determine whether an investigation is in the interest of the Union, the Commission should consider a wide variety of aspects of political, economic or any other nature, in relation to the investigation and its potential consequences. The Commission should weigh up effects of starting the investigation against the impact of the investigation (and potential measures under this Regulation) on the EU's broader interest. The general objective of opening third country markets and improving market access opportunities for EU economic operators should be taken into account. The objective of limiting any unnecessary administrative burden for contracting authorities and contracting entities as well as economic operators should be taken into account. Member States and interested parties should have the possibility to present their views with regard to the interest of the Union.
Amendment 191 #
2012/0060(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) If the consultations with the country concerned do not lead to sufficient improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adopt, where appropriate, price adjustmentIPI measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that country.
Amendment 210 #
2012/0060(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Price adjustmentIPI measures should not have a negative impact on on-going trade negotiations with the country concerned. Therefore, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement, the Commission may suspend the measures during the negotiations.
Amendment 215 #
2012/0060(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to simplify the application of a price adjustmentIPI measures by contracting authorities or contracting entities, there should be a presumption that all economic operators originating in a targeted third country with which there is no agreement on procurement will be subject to the measure, unless they can demonstrate that less than 50% of the total value of their tender is made up of goods or services originating in the third country concerned.
Amendment 221 #
2012/0060(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is imperative that contracting authorities and contracting entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price. Therefore contracting authorities and contracting entities should be able not to apply price adjustmentIPI measures limiting access of non-covered goods and services in case there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs, for example in the fieldsregarding public security ofr health and public safetyemergencies, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract. The disproportionate increase in price or costs should be assessed by comparing the remaining offers with the estimated value of the contract notice. The exception should only apply in cases where the estimated value is significantly lower than the value in the remaining offers, rendering the execution of the contract economically unviable. When contracting authorities or contracting entities apply these exceptions, the Commission should be informed in a timely and comprehensive manner to allow for appropriate monitoring of the implementation of this Regulation.
Amendment 231 #
2012/0060(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In case of misapplication by contracting authorities or contracting entities of exceptions to price adjustmentIPI measures limiting access of non-covered goods and services, the Commission should be able to apply the corrective mechanism of Article 3 of Council Directive 89/665/EEC20 or Article 8 of Council Directive 92/13/EEC21 . In addition, contracts concluded with an economic operator by contracting authorities or contracting entities in violation of price adjustmentIPI measures limiting access of non-covered goods and services should be ineffective. _________________ 20Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33). 21Council Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).
Amendment 232 #
2012/0060(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The examination procedure should be used for the adoption of implementing acts regarding the adoption, withdrawal, or suspension or reinstatement of a the price adjustment measureIPI measures and the Commission should be assisted by the Committee set up under the Trade Barriers Regulation. If necessary and for matters affecting the Union’s legal framework on public procurement, the Commission may also seek the advice of the Advisory Committee on Public Procurement established by Council Decision 71/306/EEC.
Amendment 240 #
2012/0060(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 249 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
It provides for the possibility of applying price adjustmentIPI measures to certain tenders for contracts for the execution of works or a work, for the supply of goods and/or the provision of services and for concessions, on the basis of the origin of the economic operators, goods or services concerned. .
Amendment 380 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 - point ii
Article 7 – paragraph 3 – subparagraph 1 - point ii
ii) decide, by implementing act, to impose a price adjustmentn IPI measure pursuant to Article 8.
Amendment 385 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. In the event that consultations with a third country do not lead to satisfactory results within 15 months from the day those consultations started, the Commission shall terminate the consultations and shall take appropriate action. In particular, the Commission may decide, by means of an implementing act, to impose a price adjustmentn IPI measure, pursuant to Article 8. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 14(2).
Amendment 390 #
Amendment 392 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph -1 (new)
Article 8 – paragraph 1 – subparagraph -1 (new)
-1. Where the Commission finds, following an investigation and consultations pursuant to Article 4, that a third country measure or practice exists, it may, if it considers it to be in the interest of the Union, adopt an implementing act to impose an IPI measure as provided in paragraph 5 of this article. An IPI measure shall only apply if the main subject of the procurement procedure falls within the scope of the implementing act as defined in accordance with paragraph 7(a). The design of the procurement procedure shall not be made with the intention of excluding it from the scope of this Regulation.
Amendment 393 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Amendment 398 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 402 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The IPI measure shall be determined on the basis of the following criteria, in light of available information and the Union’s interest:
Amendment 403 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 412 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e a (new)
Article 8 – paragraph 2 – point e a (new)
(ea) availability of alternative sources of supply for the goods and services concerned, in order to avoid or minimise a significant negative impact on contracting authorities or contracting entities;
Amendment 413 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e b (new)
Article 8 – paragraph 2 – point e b (new)
(eb) proportionality of the IPI measure with regard to the third country measure or practice;
Amendment 414 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 418 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. The IPI measure shall only apply to procurement procedures with an estimated value above a threshold to be determined by the Commission following the investigation and consultations, taking into consideration the criteria laid down in the previous paragraph. That estimated value should be equal to or above EUR 17 000 000 net of value-added tax for works and concessions, and equal to or above EUR 6 000 000 net of value-added tax for goods and services.
Amendment 420 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. The IPI measure shall also apply in the case of specific contracts awarded under a dynamic purchasing system, when those dynamic purchasing systems were subject to the IPI measure, with the exception of specific contracts the estimated value of which is below the respective values set out in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU. The IPI measure shall not apply to procedures for the award of contracts based on a framework agreement. The IPI measure shall also not apply to individual lots to be awarded according to Article 5 (10) of Directive 2014/24/EU or Article 16 (10) of Directive 2014/25/EU.
Amendment 421 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 3 c (new)
Article 8 – paragraph 3 c (new)
3c. In its implementing act, the Commission may decide, within the scope defined in paragraph 6 of this Article, to restrict the access of operators, goods or services from third countries to procurement procedures by requiring contracting authorities or contracting entities to: (a) impose a score adjustment measure on tenders submitted by economic operators originating in that third country; or (b) exclude tenders submitted by economic operators originating in that third country; or (c) impose a combination of (a) and (b), if different sectors or categories of goods and services are subject to IPI measures.
Amendment 422 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 3 d (new)
Article 8 – paragraph 3 d (new)
3d. The score adjustment measure referred to in paragraph 5(a) shall apply only for the purpose of the evaluation and ranking of the tenders. It shall not affect the price due to be paid under the contract to be concluded with the successful tenderer.
Amendment 423 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 3 e (new)
Article 8 – paragraph 3 e (new)
3e. The implementing act, adopted in accordance with Article 10(2), shall specify the scope of application of the IPI measure, including: (a) the sectors or the categories of goods, services and concessions based on the Common Procurement Vocabulary as well as any applicable exceptions, (b) specific categories of contracting authorities or contracting entities; (c) specific categories of economic operators; (d) specific thresholds equal or above those set out in paragraph 3; (e) as regards the score adjustment measure referred to in paragraph 5(a), the percentage value of the adjustment shall be set up to 40% of the evaluation score of the tender depending on the third country and sector of goods, services, works or concessions envisaged.
Amendment 424 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 3 f (new)
Article 8 – paragraph 3 f (new)
3f. When determining the proportionality of the IPI measure according to paragraph 2(a), the Commission shall in particular consider the percentage value according to paragraph 7(e). The Commission shall impose an IPI measure in the form of exclusion according to paragraph 5(b) only when the third country measure or practice is sufficiently severe and the potential negative impact according to paragraph 2(b) due to the limited availability of alternative sources is comparatively small.
Amendment 425 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 3 g (new)
Article 8 – paragraph 3 g (new)
3g. The Commission may withdraw the IPI measure or suspend its application if the third country takes satisfactory corrective actions or undertakes commitments to end the measure or practice in question. If the Commission considers that the corrective actions or commitments undertaken have been rescinded, suspended or improperly implemented, it shall make publicly available its findings and may reinstate the application of the IPI measure at any time. The Commission may withdraw, suspend or reinstate an IPI measure in accordance with the examination procedure referred to in Article 10(2) and followed by the publication of a notice in the Official Journal of the European Union.
Amendment 426 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 3 h (new)
Article 8 – paragraph 3 h (new)
3h. An IPI measure shall expire five years from its entry into force or its extension, unless a review shows a need for continued application of an IPI measure. Such a review shall be initiated, by a publication of a notice in the Official Journal of the European Union, on the initiative of the Commission nine months before the date of the expiry, and shall be concluded within six months. Following the review, the Commission may extend the duration of an IPI measure for a period of another five years in accordance with the examination procedure referred to in Article 10(2).
Amendment 444 #
2012/0060(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 450 #
Amendment 468 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities may decide not to apply the price adjustmentIPI measure with respect to a procurement or a concession procedure if:
Amendment 474 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) there are no Union and/or covered goods or services available which meet the requirements ofonly tenders from economic operators originating in the countracting authorityy subject to IPI measure, or contracting entityly such tenders meet tender requirements; or
Amendment 478 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) this is justified for overriding reasons relating to the public interest; or
Amendment 485 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) without prejudice to Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, based on objective criteria taking into account, among others, the estimated value of the contract, the application of the measure would lead to a disproportionate increase in the price or costs of the contract, that would render its execution economically unviable.
Amendment 488 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where a contracting authority or contracting entity intenddecides not to apply a price adjustmentn IPI measure , it shall indicate its intentform the Commission, in the contract notice that it publishes pursuant to Article 49 of Directive 2014/24/EU or Article 69 of Directive 2014/25/EU or in the concession notice pursuant to Article 31 of Directive 2014/23/EU. It shall notify the Commissiona manner to be decided by the respective Member State, no later than tenhirty calendar days after the publicationaward of the contract notice.
Amendment 505 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
In the event that a contracting authority or contracting entity conducts a negotiated procedure without prior publication, under Article 2 of Directive 2014/24/EU or under Article 50 of Directive 2014/25/EU and decides not to apply a price adjustmentn IPI measure , it shall indicate this in the contract award notice it publishes pursuant to Article 50 of Directive 2014/24/EU or Article 70 of Directive 2014/25/EU or in the concession award notice it publishes pursuant to Article 32 of Directive 2014/23/EU and notify the Commission no later than ten calendar days after the publication of the contract award notice.
Amendment 517 #
2012/0060(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Contracts concluded with an economic operator in violation of price adjustmentIPI measures adopted or reinstated by the Commission pursuant to this Regulation shall be ineffective.
Amendment 528 #
Amendment 529 #
2012/0060(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Articles 858 and 8659 of Directive 20104/2517/EUC shall be deleted with effect from the entry into force of this Regulation.