464 Amendments of Maximilian KRAH
Amendment 70 #
2022/2049(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reaffirms the universality and indivisibility of human rights and the inherent dignity of every human being; stresses, in this regard, its strong commitment to addressing first and foremost the challenges to human rights worldwide and reiterates the dutrecalls, however, that the EU does not have the mandate to impose its vision of human rights and democracy ofn the EU and its Member States to act as a global leader in the promotion and protection of human rights and democracy in line with the founding values of the Unionworld; emphasises that the EU is not the world’s human rights watchdog, nor should it be;
Amendment 108 #
2022/2049(INI)
7 a. Insists that unanimity voting within the Council on human rights issues must remain in place and that a move towards qualified majority voting in foreign policy matters will cause a slippery slope that will even further erode the sovereignty of Member States; recalls that the ability to enter into relations with other states, and by analogy the ability to determine foreign policy, is one of the foundational elements of statehood and sovereignty;
Amendment 340 #
2022/2049(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Expresses its deep concern regarding policies of reverse racial discrimination in South Africa; notes that South Africa is the only country in the world where a majority of 80% is protected through affirmative action policies against a minority of no more than 8%, more than 25 years after the end of apartheid; further condemns the brutal and torturous murders of white South Africans, and farmers in particular; urges the South African government to prioritise the prevention, investigation and prosecution of these attacks and murders as a matter of extreme urgency, to prevent a potential genocide from occurring and to ensure that those responsible are held accountable; further confirms the right of peoples in South Africa to pursue self- determination in all its forms and urges the South African government to ensure that the right to self-determination is given meaningful effect for all peoples in South Africa, and in particular for minorities; further condemns the fact that these attacks are widely ignored or rationalised by the international community in its perpetual pursuit of political correctness; urges EU Member States to condemn all such acts of violence against minority groups in South Africa;.
Amendment 386 #
2022/2049(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Notes with concern that Christians remain the most persecuted religious community in the world; condemns in the strongest terms the attacks perpetrated by Islamic fundamentalists; recognises that expressions of sorrow are inadequate in protecting these vulnerable communities from further violence; emphasises the role EU Member States have to play in condemning and confronting these attacks against communities that share their Christian heritage;
Amendment 441 #
2022/2049(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. Notes with concern that NGOs have played a major role in facilitating human smuggling and that private entities should not be actively involved in carrying out search and rescue missions;
Amendment 442 #
2022/2049(INI)
Motion for a resolution
Paragraph 38 b (new)
Paragraph 38 b (new)
Amendment 481 #
2022/2049(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Underlines that human rights, a healthy environment and combating climate change are dependent on one another; calls for progress towards the recognition of the right to a clean, healthy and sustainable and a healthy environment, as laid out in Resolution 48/13 of the UN Human Rights Council, and stresses its appreciation for the peaceful work undertaken by environmental human rights defenders including land defenders and their lawyers, as well as indigenous activists, to preserve and safeguard such an environment despite the threat of violence and the risk to their lives; recognises, moreover, the important role of civil society organisations, including environmental faith-based organisations, as well as indigenous peoples for their invaluable work in the preservation of the environmentre dependent on one another;
Amendment 490 #
2022/2049(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Notes that, according to a recent study published by the European Union Institute for Security Studies, the argument that environmental changes exacerbate violence, conflict and terrorism cannot be proven or confirmed; further notes that the study has found that environmental protection programmes in the Sahel have contributed to exacerbating terrorism and that one-size- fits-all approaches to environmental challenges and climate change mitigation are “recipes for disaster”, creating a “fertile ground for terrorist groups” in, for example, Burkina Faso;
Amendment 12 #
2022/2040(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas any EU strategy to address the current and possible future shortages should follow a comprehensive approach that takes into consideration the root causes of shortages and includes concrete actions for their prevention;
Amendment 24 #
2022/2040(INI)
Motion for a resolution
Recital C
Recital C
C. whereas large increases in commodity prices, higher prices around the globe and a troublesome spike in inflation are expected to further challenge global supply chains; whereas the EU is experiencing the strongest inflation of the last 30 years and is visibly heading for an energy crisis; whereas the war in Ukraine acts as a catalyst to the existing challenges, such as the monetary policy of the European Central Bank (ECB), the politically intended “green inflation” or the price increases resulting from disrupted supply chains due to the excessive lockdown policy;
Amendment 27 #
2022/2040(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU is strategically dependent on external sources of energy, a situation that is undermining the EU’s economic resilience and strategic autonomy; whereas skyrocketing energy prices are a serious threat to the EU’s production and may put further pressure on many supply chains that have already faced disruption; whereas the EU decision to halt all economic cooperation with Russia has worsen its own economic situation considerably, as inflation and energy prices are rising, energy supply is not secured, and risks in production failures increase the possibilities of insolvencies and job losses;
Amendment 34 #
2022/2040(INI)
Motion for a resolution
Recital E
Recital E
E. whereas even though the EU must gain more strategic independenceautonomy in different fields, including agricultural products, critical raw materials, semiconductors, medicines and health products, new digital technologies and energy production, this independence has not yet been achieved;
Amendment 37 #
2022/2040(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas Covid-19 restrictions, the Russian naval blockade and other external accidents as the Suez Canal obstruction have highlighted how much trade is dependent on transport; whereas transport and logistics management are of crucial importance for the supply of products, not least given the increasing degree of complexity of the transport chain;
Amendment 41 #
2022/2040(INI)
Motion for a resolution
Recital F
Recital F
F. whereas small and medium-sized enterprises (SMEs) account for 99 % of all EU businesses, 65 % of all EU jobs and more than 50 % of the EU’s economic output from the non-financial sector; whereas the lack of coordination and coherence among the large number of EU support actions designed for SMEs hinders their participation in the global supply chains and as a consequence their contribution to international trade;
Amendment 53 #
2022/2040(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that it is crucial to respond to the possible negative consequences of any external shocks with a coordinated approach at national and EU level; calls on the Commission to continue monitoring the supply chains, especially those which are at higher risk, and to develop a multifaceted strategy for each sector or product concerned in order to be able to promptly address current and future shortages; recalls the importance of avoiding passing from a given dependency to another dependency;
Amendment 64 #
2022/2040(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 crisis and the war in Ukraine have highlighted the EU agricultural sector’s dependence on imports from a small number of countries, especially in the case of wheat and ammonium, which is essential for fertilisers; notes that many non-EU countries have imposed food export restrictions as a response to the crisis; recalls that the EU should be much more autonomous in primary sector products in order to guarantee its security and avoid dependence on third parties; with a view to ensuring a self-sufficient, fair, resilient and sustainable agricultural model anchored in EU territories; stresses the need to recognize and promote the food sovereignty of EU Member States and their right to regulate their imports, exports and stocks to secure their own needs while keeping an open trade policy;
Amendment 77 #
2022/2040(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. SUnderlines that the EU is highly dependent on only few countries for critical raw materials, in particular on China which currently provides 98% of the EU’s supply of rare earth elements (REE); stresses that the war in Ukraine and the subsequent sanctions on Russia have increased the difficulty of sourcing raw materials; takes note of the announcement of the forthcoming publication of the Critical Raw Materials Act during the 2022 State of the Union address; calls on the Member States and the Commission to enhance EU capacity for extraction, processing, recycling and refining of those critical raw materials present in the EU; underlines the importance to ensure the respect of high social, environmental and labour standards in the mining activities not only in the EU, but also in partner countries;
Amendment 113 #
2022/2040(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that medical supply chains can be strengthened by investing in skills, building health data infrastructure, and supporting regulatory framework and intellectual property policies that foster innovation and ensure affordable medicines; asks for the fast and transparent implementation of a database at EU level that could improve the coordination among Member States; calls on the Commission to assess the possibility of reshoring the production for essential medicines and active pharmaceutical ingredients to the EU; underlines the difficulties that a broad range of the pharmaceutical industries face in receiving EU funds related to R&D and production investments which are key to ensure that their products can respond to tomorrow’s needs;
Amendment 117 #
2022/2040(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. New digital technologies Underlines that new digital technologies are transforming digital trade facilitating new business models and reducing the geographical barriers of economic transactions; regrets that the EU is highly dependent on third countries for services such as edge and cloud computing whichare crucial to increase Europe’s data sovereignty as outlined in the EU DigitalStrategy; calls on the EU and the Member States to create favorable conditions for major investments in the research, development and deployment of next generation cloud and edge technologies; emphasizes that the brain- drain and the sell-off of technology industries to third countries must be prevented by appropriate trade policy and other measures, as technological knowledge must be preserved within the EU;
Amendment 119 #
2022/2040(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. a.Energy production Hopes that the REPowerEU Plan will effectively respond to the energy market disruptions caused by the war in Ukraine; calls on the Commission for the suspension of the Emissions Trading Systems (ETS) Directive in order to reduce energy expenditure in the medium term; calls on the Member States to restore security of energy supply through the unrestricted use of coal-fired and nuclear power plants in the EU; calls on the Commission to update the Energy Taxation Directive to enable the abolition of the energy and electricity tax in the medium term;
Amendment 126 #
2022/2040(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Takes note of the Commission proposal on the Single Market emergency instrument hoping that it can be useful to effectively respond to emergency situations in a coordinated manner in order to ensure the smooth functioning of the Single Market and the preservation of EU competitiveness;
Amendment 129 #
2022/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the development of an EU toolbox of autonomous trade instruments, including an anti-coercion instrument, the foreign-direct-investment screening mechanism, the foreign subsidies instrument and the international procurement instrument as well as the creation of the post of Chief Trade Enforcement Officer (CTEO) to respond to these emerging challenges and protect EU competitiveness;
Amendment 130 #
2022/2040(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is convinced that an open trade policy without sanctions is compatible with protecting the EU strategic sectors and with an industrial policy that defends and enable EU resilience to a different range of external shocks and avoidance of economic dependencies on external actors; calls for the abolition of all economic and political sanctions and for the deepening of international economic relations with all partners, in particular regarding energy supply partnerships;
Amendment 135 #
2022/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that the continuing rise in the cost of bureaucracy, particularly as a result of national or EU legislation such as the Supply Chain Act, places a particular burden on the export industry, which is dominated by SMEsfuture directive on Due Diligence or the German Supply Chain Act, places a particular burden on industries, in particular on SMEs; calls on the Commission to introduce a moratorium on bureaucracy and to postpone legislative projects that cause additional bureaucratic costs for businesses; calls for a so-called “bureaucracy brake” and to widen the "one in, one out" principle to a "one in, two out" rule in the medium term in order to effectively cut red tape;
Amendment 138 #
2022/2040(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines that should be a priority for the EU to harmonize the existing instruments in support to SMEs to increase their awareness on the opportunities and risks of the international trade;
Amendment 139 #
2022/2040(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the Member States to work towards a back stock of materials and increase transparency of supply chains by spending data, N-tier mapping, or both, as many of today’s most pressing supply shortages such as semiconductors occur in supplier sub-tiers; calls for national risk mitigation plans including finding new suppliers, redesigning networks, resetting inventory targets, keeping safety stocks, and sourcing locally or regionally
Amendment 141 #
2022/2040(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that in cooperation with the Member States and international partners, the EU must guarantee freedom of the sea and trade routes and thus ensure access to raw materials, energy and export markets; calls on the Member States to get capacity on alternative routes in case logistics disruptions are likely as well as simulate the effects of regional demand shifts on production, examine the risks in supplier networks, labour, manufacturing, and delivery to determine if any part of the value chain is exposed to internal or external disruptions, and set up controls to minimize their effects;
Amendment 146 #
2022/2040(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Underlines that enhancing EU industrial production capacities through dedicated public policies and favorable economic, social and environmental conditions would help to secure supplies and boost EU competitiveness;
Amendment 151 #
2022/2040(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the shortening of supply chains, in combination with other instruments, and the relocation to the EU of EU businesses’ production facilities in countries outside the blocwhich would lead to a reduction in emissions cause by transport, the improvement of the functioning of the internal market and the reduction of administrative barriers simultaneously; calls on the Member States and the Commission to provide financial incentives to EU businesses for reshoring their production facilities back to the EU;
Amendment 161 #
2022/2040(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Member States to stimulate and plan for extreme supply- and-demand disruptions, such as ordering components earlier than usual and allowing extra time for delivery, accounting for the higher cost of energy, materials, and transportation, and checking inventories of critical materials to reprioritize production should shortages seem inevitable;
Amendment 166 #
2022/2040(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the circular economy action plan is intended to help the EU to reduce its dependence on external players so as to support strategic autonomy in a wide range of sectors, including mining; emphasizes that this is an ongoing process and strategic autonomy is far from achieved;
Amendment 182 #
2022/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the launch of the EU-US Trade and Technology Council (TTC) in June 2021 and the EU-India agreement on launching a trade and technology council in April 2022; regards these initiatives as meaningful forums for addressing new challenges in the areas of trade, technology and security; calls on the Commission to include in the future EU-India TTC a working group dedicated to “secure supply chains” as in the case of the EU- US TTC in order to share good practices and find common solutions to common external dependencies; underlines that the decision taken at this level are not legally binding since the Commission has not any mandate to negotiate;
Amendment 110 #
2022/0000(INI)
Proposal for a recommendation
Paragraph 1 – point c
Paragraph 1 – point c
(c) maintroduce qualified majority voting for certainain unanimity voting in the Council for all foreign policy areas, as already provided for in the Treaties, and strive to extend it in order to increase the effectiveness of EU foreign policyso as to safeguard the sovereignty of Member States to determine their own foreign policy based on their national interests;
Amendment 31 #
2021/2237(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the historicNotes the results of the presidential election in 2020 and the parliamentary elections in 2021, whereby the people of the Republic of Moldova gave a strong mandate to pro-reform and pro-European forces; urges the political leadership of the Republic of Moldova to seize this unique opportunity to implement long-overdue reforms and to advance European integration based on common values ofindicates that the electorate favours democracy, respect for human rights and, fundamental freedoms, and the rule of law;
Amendment 36 #
2021/2237(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 53 #
2021/2237(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 62 #
2021/2237(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. WelcomDeplores the decisive action by the EU and itswaste of tax payers funds from the Member States, as ‘Team Europe’ in mitigating the socio-economic impact of the COVID-19 pandemic through vaccine donations and financial support; stresses that the Economic Recovery Plan for the Republic of Moldova, worth up to EUR 600 million, is a key element in the Republic of Moldova’s recovery, which presents a unique opportunity to restructure the economy and to prepare it for future challengesthe so called ‘Team Europe’, controlled by the Commission administrators, supported major global medical corporations to roll out largely unwarranted measures in order to provide the illusion of dealing with a pandemic due to the Covid-19 and the economic and social problems this caused; stresses that the Economic Recovery Plan for the Republic of Moldova, worth up to EUR 600 million, is unique evidence of waste of tax payers funds and should instead be used to right all the wrongs in the Member States after the catastrophic handling of the Corona 19 virus by the Commission;
Amendment 70 #
2021/2237(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomNotes the ambitious reform agenda of the government of Natalia Gavriliţa and the tangible progress already achieved in its implementation, in particular oattempts in the fight against corruption, judicial reform, improving the living standards of the most vulnerable population groups and improving the business climate in the country; reiwill be interaestesd that sufficient progress in implementing agreed reforms is a key condition for continued EU financial support and the application of the ‘more for more’ principleo see an independent and critical evaluation implemented in the future as to the actual results;
Amendment 82 #
2021/2237(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomDeplores the Commission’s decision to provide the Republic of Moldova with EUR 60 million of the tax payers money, through a new budget support programme in order to deal with a gas supply crisis artificially created by Gazprom and to mitigate the impact of the rising prices on the most vulnerable Moldovans; notes that the crisis further underscores the importance of the diversification of energy supplies and routes, and of building long-term resilience through a transition to more sustainable energy sources and investing in key infrastructurewhile many of the member States are facing energy crises due to the extremist environmental policies pursued by many extreme left parties across many of the Member States based on their climophobic state of mind; notes that the crisis further underscores the importance of solid, modern energy supplies, of building long-term resilience through the use of modern technology in contrast to outdated use of sun and wind;
Amendment 92 #
2021/2237(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the inadmissibility ofNotes the weaponisation of the gas supply in order to put political pressure on the Republic of Moldova to change its geopolitical orientation; urges the Commission to continue providing the Republic of Moldova with the financial and technical support necessary to ensure its resilience against such external interference; calls on the Moldovan authorities to maintain the country’s commitment as a member of the Energy Community to implementing the EU’s Third Energy Package, in particular the unbundling of gas and electricity transmission and distributionsuggests the Member States to consider this in deliberation of their energy policies to ensure they pursue policies that ensure their nations ability to determine their own fate;
Amendment 103 #
2021/2237(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that while the presidential and the early parliamentary elections were well managed and competitive, persistentsome shortcomings need tocould be addressed by implementing the recommendations of the Council of Europe Venice Commission and the OSCE/ODIHR;
Amendment 107 #
2021/2237(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 124 #
2021/2237(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Reiterates its support for a comprehensive and peaceful settlement of the Transnistria conflict based on the sovereignty and territorial integrity of the Republic of Moldova with a special status for Transnistria;
Amendment 138 #
2021/2237(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. WelcomesNotes with concern the Council decision to provide EUR 7 million of taxpayers funds in assistance under the European Peace Facility to the Armed Forces of the Republic of Moldova for the acquisition of medical and explosive ordnance disposal equipment;
Amendment 151 #
2021/2237(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates the fundamental importance of justice reform and the fight against corruption; recognises the magnitude of the challenge faced by the authorities and encourages them to focus on established priorities; calls for the adoption and implementation of the Sa strategy for Ensuring the Independence and Integrity of the Justice Sector 2021- 2024that has the consent of a majority of the national stakeholders and the electorate; urges the Government to not allow interference from the Commission and other foreign elements, but to remain independent, democratic and transparent;
Amendment 178 #
2021/2237(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘the Istanbul Convention’) by the Parliament of the Republic of Moldova on 14 October 2021; calls for its effective implementation to be ensured in order to improve the situation of women and to undertake further efforts to progress towards achieving gender equality, in particular on improving women’s access to the labour market and tackling the gender pay gapmeasures to improve the situation of the family, progress towards achieving fair and productive labour market for all, based on equal treatment and individual merits and the suppression of all forms of corruption;
Amendment 204 #
2021/2237(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 213 #
2021/2237(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 243 #
2021/2237(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 250 #
2021/2237(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the importance of fighting disinformation, fake news and propaganda, in particular through strategic communication; hopes that the reconstituted Television and Radio Broadcasting Council will effectively carry out its tasks as a media watchdog and address the long-standing shortcomings of the media landscape in all the Member States; hopes that the Government of Moldova with their reconstituted Television and Radio Broadcasting Council will effectively note the problems in most of the Member States in order to study this and ensure a more fair and free media reporting that holds elected official accountable based on facts;
Amendment 270 #
2021/2237(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 255 #
2021/2182(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. CRecalls for the EU to ensure its strategic sovereignty in specific areas that are fundamental to the Union’s existencethat existence on the global scene, as the term itself suggests, is based exclusively on the representation onf the global scene, such as economics, security and technology, and to establMember States; stresses that the European Union has absolutely no legitimacy in thish a European Defence Unionrea;
Amendment 295 #
2021/2182(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the need for the Union to develop its technological sovereignty through the enhancement of industrial defence capabilities, in particular in emerging disruptive technologies (EDTs), and theat common defence projects have always been founded on transnational cooperation; rejects any drift towards federalism in this area, as envisaged by the Commission; stresses that Member States should not have their technologies and research protjection and resilience of critical infrastructurs jeopardised by the Europeanisation of industrial defence bases;
Amendment 322 #
2021/2182(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates its call for accelerating the enlargement process, with a focus on strengthening democracy, the rule of law, and human rights, as well as fostering reconciliation in the Western Balkans, as prerequisites for durable stability and prosperityrejects any new plans to further enlarge the European Union;
Amendment 1 #
2021/2181(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Montevideo Convention on the Rights and Duties of States of 1933,
Amendment 26 #
2021/2181(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
— having regard to the European Union Institute for Security Studies’ study on the fight against climate change and the effect this has on fuelling terrorism, specifically in the Sahel region, published in December 2020,
Amendment 50 #
2021/2181(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is extremely concerned by the challenges to human rights and democracy, resulting in the weakening of the protection of democratic institutions and of universal human rights, as well as the shrinking space for civil society, observed around the world; calls for the EU and its Member States to make stronger efforts to address the challenges to human rights, both individually and in cooperation with like- minded international partners; recalls, however, that the EU does not have the mandate to impose its vision of human rights and democracy on the world; emphasises that the EU is not the world’s human rights watchdog, nor should it be;
Amendment 58 #
2021/2181(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the importance of both the new Neighbourhood, Development and International Cooperation Instrument (NDICI) – Global Europe and the EU Action Plan on Human Rights and Democracy 2020–2024 for this goal; recalls that the use of the rule of qualified majorinsists that unanimity voting within the Council on human rights issues would result in a more effective and proactive EU foreign and security policy, and would strengthen cooperation on matters of key strategic interest for the EU, while reflecting itsmust remain in place and that a move towards qualified majority voting in foreign policy matters will cause a slippery slope that will even further erode the sovereignty of Member States; recalls that the ability to enter into relations with other states, and by analogy the ability to determine foreign policy, is one of the foundamental values;tional elements of statehood and sovereignty as encapsulated in the Montevideo Convention on the Rights and Duties of States.
Amendment 161 #
Amendment 170 #
2021/2181(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly condemns the killing of human rights defenders around the world and stresses that most of them were engaged in the protection of their land and the environment and the defence of the rights of indigenous peoples; reiterates its call to ensure that the principle of free, prior and informed consent is fully respected, in line with International Labour Organization (ILO) Convention No. 169 on Indigenous and Tribal Peoples; stresses the need to improve access to justice throughout the world with a view to combating the widespread impunity for such killings; notes, however, that greater efforts are needed not only on reparation and redress, but also in prevention through, inter alia, the strengthening of national plans for the protection of human rights defenders in third countries; stresses, however, that it is neither the duty nor the mandate of EU institutions to actively support self-appointed, undemocratic and subjective organisations and individuals engaged in defending democracy and human rights;
Amendment 171 #
2021/2181(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Strongly denounces practicing by the authorities of extrajudicial measures restricting the rights and activities of opposition public figures, including on the pretext of the state’s interest in protecting its national security;
Amendment 174 #
2021/2181(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Notes with concern that NGOs have played a major role in facilitating human smuggling and that private entities should not be actively involved in carrying out search and rescue missions;
Amendment 188 #
2021/2181(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 200 #
2021/2181(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Notes that, according to a recent study published by the European Union Institute for Security Studies, the argument that environmental changes exacerbate violence, conflict and terrorism cannot be proven or confirmed; further notes that the study has found that environmental protection programmes in the Sahel have contributed to exacerbating terrorism that one-size-fits- all approaches to environmental challenges and climate change mitigation are “recipes for disaster”, creating a “fertile ground for terrorist groups” in, for example, Burkina Faso.
Amendment 240 #
2021/2181(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates its strong condemnation of any form of discrimination, xenophobia, intolerance, persecution and killings linked to race, ethnicity, nationality, social class, disability, caste, religion, belief, age, sexual orientation and gender identity that continue to be a major problem in many countries; welcomes the launch of the EU’s anti-racism action plan 2020–2025, which recognises not only the individual and social dimensions, but also the structural nature of this phenomenon; stresses that in spite of 20 years of work since the signing of Durban Declaration and Programme of Action in 2001, racism, discrimination, xenophobia and related intolerance continue to be a scourge around the world and calls for a zero-tolerance approach to them;
Amendment 250 #
2021/2181(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Expresses its deep concern regarding policies of reverse racial discrimination in South Africa; notes that South Africa is the only country in the world where a majority of 80% is protected through affirmative action policies against a minority of no more than 8%, more than 25 years after the end of apartheid; further condemns the brutal and torturous murders of white South Africans, and farmers in particular; urges the South African government to prioritise the prevention, investigation and prosecution of these attacks and murders as a matter of extreme urgency, to prevent a potential genocide from occurring and to ensure that those responsible are held accountable; further confirms the right of peoples in South Africa to pursue self- determination in all its forms and urges the South African government to ensure that the right to self-determination is given meaningful effect for all peoples in South Africa, and in particular for minorities; further condemns the fact that these attacks are widely ignored or rationalised by the international community in its perpetual pursuit of political correctness; urges EU Member States to condemn all such acts of violence against minority groups in South Africa;
Amendment 251 #
2021/2181(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Expresses very serious concerns about the use of political crime- incentivizing tools, such as the “Myrotvorets” website in Ukraine;
Amendment 260 #
2021/2181(INI)
Right to freedom of thought, conscience, religion or, belief, and use of national minorities languages
Amendment 262 #
2021/2181(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Fully supports the right to freedom of thought, conscience and religion, to hold a belief, or not to believe, and the right to manifest and to change or leave one’s religion or belief without fear of violence, persecution, or discrimination; deplores the persecution suffered by minorities on the grounds of belief or religion in many places in the world; condemns the abuse of blasphemy laws to perpetuate discrimination and deplores the use of religion and religious institutions to the detriment of human rights through the persecution, including by legal means, of belief or religious minorities, women and LGBTIQ personsis deeply concerned about the increase in desecration and vandalism of sacred and religious sites; calls on the EU and its Member States to condemn all such actions and stand in defence of the Christian heritage;
Amendment 277 #
2021/2181(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes with concern that Christians remain the most persecuted religious community in the world; condemns in the strongest terms the perpetrated by Islamic fundamentalists; recognises that expressions of sorrow are inadequate in protecting these vulnerable communities from further violence; emphasises the role EU Member States have to play in condemning and confronting these attacks against communities that share their Christian heritage;
Amendment 283 #
2021/2181(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Recalls that the rights of national minorities and particularly the linguistic ones shall be duly protected inter alia based on the fair treatment of major world languages and other languages of national minorities;
Amendment 299 #
2021/2181(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Is deeply concerned about the shadow offshore dealings of public figures, which poses a threat to the sustainable and rule of law-based development of European societies, and urges the European Commission to reconsider the Financial aid granted by the EU to its neighbouring partner countries, whose political leaders were disclosed as covert owners of offshore assets and other suspicious business;
Amendment 324 #
2021/2181(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Reaffirms the inalienable human rights of migrants and refugees, and calls for the EU and its Member States to fully uphold them in their cooperation with third countries, both in terms of the establishment of high legal standards and, equally importantly, their operationalisation in order to ensure the effective protection ofbut emphasises that these rights have to be balanced with these rights in practice; reiterates its call on the Commission to carry out a review of the human rights impact of migration policy frameworks and of the EU’s cooperation on migration with third countries; underlines the risks related to informal arrangemof citizens of Member States; calls for the EU Member States to interpret the Geneva Convents ion return and readmission, which are not subject to judicial scrutiny and therefore do not allow for effective redress for human rights violations suffered by migrants and asylum seekeras was originally intended and insists on a policy of regional placement of refugees;
Amendment 333 #
2021/2181(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Equally, calls for independent, effective mechanisms to monitor formal readmission agreements, both at the EU’s bordersUrges the EU and its Member States to make anid in partner countries in order to ensure full respect for human rights, including the principle of non- refoulement; recalls that the right to asylum is guaranteed by Article 18 of the Charter of Fundamental Rights of the European Union; expresses its hope that the New Pact on Migration and Asylum, including the new European Union Agency for Asylum, will help the EU Member States in creating efficient, properly functioning asylum systems, improving protection for asylum seekers and respecting the principles of the fair sharing of responsibility and solidarity among Member States; reiterates the need for a European agreement on a humanitarian visa or on thgranted to developing countries conditional on agreements on the effective readmission of illegal migrants present in the EU; stresses the importance of blocking funding to civil society groups that act as an illegal shuttle use of the European Temporary Protection Directivervice to smuggle migrants;
Amendment 343 #
2021/2181(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Condemns in the strongest terms the weaponisation of migration by certain states; expresses concern about the fact that the EU has made itself vulnerable to such attacks by implementing its Wilkommenspolitik since 2015;
Amendment 360 #
2021/2181(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Firmly condemns the extrajudicial sanctions against opposition medias and the impunity being enjoyed by those committing violent crimes against journalists and other media workers;
Amendment 21 #
2021/2066(INI)
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
— having regard to the reports of the European Centre for Law and Justice on “the NGOs and the Judges of the ECHR” (February 2020) and “The financing of the UN experts” (August 2021) revealing serious issues of conflicts and interests in the ECHR and opaque financing in the Special Procedures,
Amendment 22 #
2021/2066(INI)
Motion for a resolution
Citation 32 b (new)
Citation 32 b (new)
— having regard to the declaration of the Committee of Ministers of the Council of Europe of 8 April 2021, recognising the existence of conflicts of interest among judges of the ECHR,
Amendment 23 #
2021/2066(INI)
Motion for a resolution
Citation 32 c (new)
Citation 32 c (new)
— having regard to the open letter sent by the renowned film and TV director Andrei Nekrassov to the President of the Commission Ursula von der Leyen and to the VP/HR Josep Borrell on 21 September 2020, about the so-called “EU Magnitsky Act”,
Amendment 24 #
2021/2066(INI)
Motion for a resolution
Citation 32 d (new)
Citation 32 d (new)
— having regard to the comprehensive and operational set of measures on enhancing the response to migrant smuggling networks, as approved by the Council at its 3661st meeting held on 6 December 2018,
Amendment 53 #
2021/2066(INI)
Motion for a resolution
Recital D
Recital D
D. whereas corruption undermines and seeks to capture institutions, checks and balances and democratic principles, weakens the rule of law, corrodes public trust and impedes sustainable development, leading to the impunity of perpetrators, the illicit enrichment of those in power and power- grabbing to escape prosecution; whereas corruption destabilises peacebuilding efforts;
Amendment 84 #
2021/2066(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the adoption of the EU Global Human Rights Sanctions Regime (EU Magnitsky Act) is an essential addition to the EU’s toolbox; whereas Parliament has requested the extension of its scope to include acts of corruption; whereas the United States, Canada and the United Kingdom have adopted similar anti- corruption sanctions regimes;
Amendment 96 #
2021/2066(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas some NGOs – such as the Open Dialogue Foundation (ODF) – are suspected to be used for money- laundering and the public pursuit of private interests;
Amendment 97 #
2021/2066(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
J b. whereas the 2016 documentary film "The Magnitsky Act – Behind the Scenes" contradicts Bill Browder's storytelling on the Sergei Magnitsky's case; whereas this investigative work was produced by Piraya Film, a multi-award winning Norwegian company, and supported by some of the most respectable European film and media organisations, such as Norwegian Film Institute, the Freedom of Expression Foundation, Filmkraft, Finnish Film Foundation and ZDF/ARTE; whereas the film's premiere was set for the European Parliament in Brussels on 27 April 2016; whereas the premiere was cancelled at the very last moment due to threats and pressures from Bill Browder; whereas the movie maker Andrei Nekrasov was never sued by Bill Browder despite the latter's accusations in the press for being defamed; whereas Der Spiegel, Telepolis (Germany’s oldest online magazine), Finans/Jullands Posten, Børsen and Berlingske (major Danish newspapers), have all published highly critical analysis of Browder’s Magnitsky narrative without being sued as well; whereas Danish journalists Birgitte Dyrekilde and Lars Abild released a whole book describing Browder’s chequered career and his posing as an anti-corruption crusader in an attempt to cover-up his own financial misdeeds;
Amendment 131 #
2021/2066(INI)
Motion for a resolution
Paragraph 1 – point f a (new)
Paragraph 1 – point f a (new)
(f a) avoid any misuse of the fight against corruption to interfere with democratic choices made by sovereign states;
Amendment 139 #
2021/2066(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(g a) rename the EU's new sanction mechanism, since Sergei Magnitsky was an accountant and tax advisor working on behalf of William (Bill) Browder, who was convicted of aggravated tax evasion as well as illegally bankrupting a company involved in tax evasion; respect the European Court of Human Rights' judgement dated 27 August 2019 where “the Court concludes that the first applicant’s arrest was not arbitrary, and that it was based on reasonable suspicion of his having committed a criminal offence”;
Amendment 176 #
2021/2066(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
(m) strengthen the focus on anti- corruption in human rights dialogues and public diplomacy in welcoming contributions from all sources, in particular from civil society in its analysis of the financial conditions in which international organisations operate;
Amendment 200 #
2021/2066(INI)
Motion for a resolution
Paragraph 1 – point q a (new)
Paragraph 1 – point q a (new)
(q a) investigate the lucrative nature of activism in subsidised NGOs that collaborate with migrant smuggling networks;
Amendment 201 #
2021/2066(INI)
Motion for a resolution
Paragraph 1 – point q b (new)
Paragraph 1 – point q b (new)
(q b) suspend the subsidies granted to NGOs involved in illegal activities;
Amendment 205 #
2021/2066(INI)
Motion for a resolution
Paragraph 1 – point s
Paragraph 1 – point s
(s) support independent, impartial and effective judiciaries, prosecution and law enforcement bodies, in particular with regard to the European Court of Human Rights, following the recognition by the Committee of Ministers of conflicts of interest within the Court; to this end, calls to avoid appointing to the position of judges and lawyers those who have previously been political activists and asks for all judges to be obliged to publish a declaration of interest;
Amendment 219 #
2021/2066(INI)
Motion for a resolution
Paragraph 1 – point v
Paragraph 1 – point v
(v) welcome the landmark political declaration on corruption adopted by the UN General Assembly and take this opportunity to follow up on its recommendations and strengthen cooperation with UN bodies such as the Office of the High Commissioner for Human Rights (OHCHR) and the UN Office on Drugs and Crime (UNODC); calls on the OHCHR, in this regard, to actively implement resolutions 5/2 of 18 June 2007 and A/HRC/RES/16/21 of the Human Rights Council, as well as the recommendations of the United Nations Board of Auditors of 2011; further attention should be paid to the control of extra-budgetary funding of these organizations;
Amendment 227 #
2021/2066(INI)
Motion for a resolution
Paragraph 1 – point x
Paragraph 1 – point x
(x) insist on the establishment of a UN Special Rapporteur on financial crime, corruption and human rights with a comprehensive mandate, including an objectives-oriented plan and a periodic evaluation of the anti-corruption measures taken by states; this Special Rapporteur would also be responsible for assessing the level of financial dependence of his or her own institution in order to guarantee its impartiality; take the lead in mobilising support among Human Rights Council mMember sStates, and to become joint sponsors of a resolution that will bring about the proposed mandate;
Amendment 257 #
2021/2066(INI)
Motion for a resolution
Paragraph 1 – subheading 8
Paragraph 1 – subheading 8
Sanctioning corruption through the so- called "EU Magnitsky Act"
Amendment 263 #
2021/2066(INI)
Motion for a resolution
Paragraph 1 – point af
Paragraph 1 – point af
(af) swiftly come forward with a legislative proposal to amend the current EU Global Human Rights Sanctions Regime by deleting the reference to a controversial figure and extending its scope to include acts of corruption; note the risk of corrupt actors moving their assets to the EU as more and more countries adopt stricter frameworks;
Amendment 273 #
2021/2066(INI)
Motion for a resolution
Paragraph 1 – point ag
Paragraph 1 – point ag
(ag) ensure anti-corruption measures are mainstreamed into the COVID-19 response in order to provide and fairly distribute public health services or vaccines, including by strengthening of public institutions against capture phenomena and ensuring the full transparency of the measures and the use of funding;
Amendment 3 #
2021/2002(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the study by the United Nations Office on Drugs and Crime entitled "Illicit Trafficking in Firearms, Their Parts and Components and Ammunition to, from and across the European Union",
Amendment 7 #
2021/2002(INI)
Motion for a resolution
Recital B
Recital B
B. whereas rampant corruption and organised crime remain a serious concern across the Western Balkan region and pose a serious threat also to the Member States of the EU;
Amendment 11 #
2021/2002(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, according to the report of the United Nations Office on Drugs and Crime and several Europol reports, the Western Balkans remain one of the most important supply regions for illicit arms trafficking into the EU; whereas the number of unreported cases of illicit firearms in the Western Balkans is enormous, which means that the threat of Islamist attacks, such as those in Paris in 2015, is still present; whereas the illicit arms trade poses a serious threat to the security of the Member States of the EU;
Amendment 21 #
2021/2002(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the threat posed by criminals originating from the Western Balkans has been used as an argument against EU accession in some countriesconstitutes a serious obstacle to their EU accession;
Amendment 30 #
2021/2002(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that organised crime and corruption first and foremost hurt the citizens of the Western Balkan countries, as they undermine their right to safety and social cohesion as well as their trust but also the populations of the current Member States, not least because the rationale behind the democratic system, create obstacles to democratic reforms and hamper the accession procesSchengen system is effectively facilitating the spread of mafia activity from the Western Balkan countries to all EU Member States;
Amendment 33 #
2021/2002(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that deprivingencouraging EU accession for countries of the Western Balkans of a European perspective is worsening rather than improving the situation as regards organised crime, and underlines that only by fostering the EU integration process can it be improvedwould have serious implications in terms of mafia activity throughout the Union;
Amendment 50 #
2021/2002(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the lack of employment opportunities, corruption, elements of state capture, and inequality and the slow process of EU accession are among the factors that make Western Balkans societies vulnerable to organised crime, and urges both the authorities of the Western Balkan countries and their international partners, including the EU, to intensify their efforts in addressing these challenges;
Amendment 51 #
2021/2002(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the lack of employment opportunities, corruption, elements of state capture, inequality and the slow process of EU accession are among the factors that make Western Balkans societies vulnerable to organised crime, and urges both the authorities of the Western Balkan countries and their international partners, including the EU, to intensify their efforts in addressing these challenges; condemns the actions of so-called humanitarian organisations, such as those funded by George Soros, which are actually complicit in criminal trafficking;
Amendment 88 #
2021/2002(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the Western Balkan countries serve as a transit corridor for migrants and refugeeillegal migrants and that the large population movements in recent years have posed an enormous challenge to the region in fighting the smuggling of illegal migrants; calls for greater exchange of information and enhanced coordination between countries of the Western Balkans, and encourages the EU and its Member States to provide more assistance in addressing these issues through, inter alia, the Joint Operational Office and the Operational Platform – Eastern Mediterranean Route; calls, in the light of a new migration wave from Afghanistan to Europe, for efficient EU external border protection, especially at the borders with the Western Balkan states, and for the right of the Member States to secure their own borders;
Amendment 103 #
2021/2002(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Western Balkan countries’ commitment to combating illicit firearms trafficking, in particular the adoption of a regional roadmap at the EU- Western Balkans Summit in London, which aims to tackle the illicit possession, use, manufacturing and trafficking of firearms; notes, however, that according to the latest report of the United Nations Office on Drugs and Crime, as well as in several Europol reports, the Western Balkans remain one of the main supply regions for illicit arms trafficking to the EU; stresses that this continuing threat endangers the security of EU Member States and further exposes them to a terrorist threat, in particular from Islamists;
Amendment 110 #
2021/0297(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union's common commercial policy is to be consistent with and to consolidate the objectives of the Union policy in the field of development cooperation, laid down in Article 208 of the Treaty on the Functioning of the European Union (TFEU), in particular the eradication of poverty and the promotion of sustainable economic, social, and environmental development and good governance in the developing countries. It n the context of a new, more sustainable growth model, the Union needs a new trade policy strategy and the green transition must go hand in hand with social equity and reciprocity. It is to comply with World Trade Organisation (‘WTO’) requirements, in particular with the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (the ‘Enabling Clause’), adopted under the General Agreement on Tariffs and Trade (‘GATT’) in 1979, under which WTO Members may accord differential and more favourable treatment to developing countries.
Amendment 115 #
2021/0297(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The general objectives of the GSP are to support eradication of poverty in all its forms, in line with Agenda 2030 and Sustainable Development Goal 17.12 and, to promote the sustainable development agenda and to encourage exports diversification from GSP beneficiary countries, while averting harm to EU industry’s interests. The 2018 GSP Mid- term Evaluation and the 2021 supporting Study for the Impact Assessment underpinning this Regulation concluded that the GSP framework under Regulation (EU) No 978/2012 has delivered on these main objectives, which were at the core of the 2012 overhaul of Council Regulation (EC) No 732/200815 . _________________ 15 Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (OJ L 211, 6.8.2008, p. 1).
Amendment 120 #
2021/0297(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Those objectives remain relevant in the current global context and they are consistent with the analysis and perspective of the recent Commission Communication Trade Policy Review “An Open, Sustainable and Assertive Trade Policy”16 (‘TPR’). According to the TPR, the Union has a “strategic interest to support the enhanced integration into the world economy of vulnerable developing countries” and it “must fully use the strength provided by its openness and the attractiveness of its Single Market” to support multilateralism and to ensure adherence to universal values. For GSP specifically, the TPR notes its important role in “promoting respect for core human and labour rights” and sets the objective for the GSP “to further increase trading opportunities for developing countries to reduce poverty and create jobs based on international values and principles”. Together with openness to trade, the scheme should support GSP beneficiary countries to develop a strong industrial base and to create an infrastructure that facilitates access to knowledge and information to foster diversification of trade flows. Moreover, the scheme should assist beneficiaries in recovering from the COVID-19 impact and in re-building their economies in a sustainable manner, including with respect to international human rights, labour, environmental and good governance standards. By prioritising diversification of exports from GSP beneficiary countries, the scheme should focus preferences on less competitive products which should ultimately contribute to sustainable development and poverty eradication. Coherence should be ensured between the GSP and its objectives and the assistance provided to beneficiary countries, in line with Union’s Policy Coherence for Development (PCD), which constitutes a key pillar of Union’s efforts to enhance the positive impact and increase effectiveness of development cooperation17 . _________________ 16 COM(2021) 66 final, 18 February 2021 17 Article 208 of the Treaty on the Functioning of the EU concerning PCD reads: “The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries”.
Amendment 133 #
2021/0297(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) By providing preferential access to the Union market, the scheme should assist developing countries in their efforts to reduce poverty and achieve and promote good governance and sustainable development by helping them to generate additional revenue through international trade, which can then be re-invested for the benefit of their own development and, in addition, to diversify their economies. The scheme's tariff preferences should focus on less competitive products originating from those developing countries that have greater development, trade and financial needs.
Amendment 134 #
2021/0297(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Union policies increasingly entail an escalation in obligations to comply with Union standards on quality and sustainability of production, with a significant impact on production costs, which are not fully taken into account in international trade negotiations or in the GSP, despite the leading role of the Union in these areas. The limits and obligations that European producers have to respect should equally apply to imports into the Union internal market, being also monitored regularly. The latter imports should reflect the soaring requirements that Union farmers are bounded to implement as the GSP must not, under any circumstance, be a tool to promote unsustainable production or triangular trade. This should become a non- negotiable factor in free trade negotiations or access through the Union's GSP, alongside with equivalence which should also be a prerequisite, covering the entire value chain. The creation of a level playing field for production based on an equivalent political approach would strengthen the competitiveness, employment and growth of agri-food production in the beneficiary countries of the GSP schemes, while safeguarding the European producers.
Amendment 162 #
2021/0297(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The special arrangement for the least-developed countries (EBA) should continue to grant duty free access to the Union market for products originating in the least developed countries, as recognised and classified by the United Nations (UN), except for trade in arms. For a country no longer classified by the UN as a least-developed country, a transitional period should be established, to alleviate any adverse effects caused by the removal of the tariff preferences granted under that arrangement. If a beneficiary country of the EBA scheme no longer meets certain economic, environmental and social conditions, that country should be excluded from the list of beneficiary countries of the EBA scheme. If a product imported from EBA beneficiary countries does not meet certain economic, environmental and social production criteria, that product should be excluded from the tariff preference scheme and the Common Customs Tariff should be reintroduced for that product. Tariff preferences provided under the special arrangement for the least- developed countries should continue to be granted for those least developed countries, which benefit from another preferential market access arrangement with the Union.
Amendment 165 #
2021/0297(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Common Customs Tariff duties on non-sensitive products should continue to be suspended, while duties on sensitive products should enjoy a tariff reduction, in order to ensure a satisfactory utilisation rate while at the same time taking account of the situation of the corresponding Union industriesown production industries and agriculture.
Amendment 168 #
2021/0297(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Such a tTariff reductions should be sufficiently attractive, in order to motivate traders to make use of the opportunities offered by the scheme. Therefore, the ad valorem duties should generally be reduced by a flat rate of 3,5 percentage points from the 'most favoured nation' duty rate, while such duties for textiles and textile goods should be reduced by 20 %. Specific duties should be reduced by 30 %. Where a minimum duty is specified, that minimum duty should not apply.
Amendment 171 #
2021/0297(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Safeguards are essential mechanisms to reduce beneficiary countries’ dependency on a few products, to focus preferences on less competitive products and to stimulate economic growth. The scheme should reinforce the Union’s financial and economic interests by providing effective and enforceable safeguards to sensitive products which should at the same time improve the implementation of social and environmental rights in beneficiary countries
Amendment 178 #
2021/0297(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The reasons for temporary withdrawal of the arrangements under the scheme should include serious and systematic violations of the principles laid down in international conventions concerning core human rights (including certain principles of international humanitarian law enshrined in those conventions), labour rights, climate and environmental protection, and good governance, so as to promote the objectives of those conventions. Furthermore, temporary withdrawal should be made possible in case of severe and systemic breach of the obligation of the beneficiary country towards not respecting the Members States’ interests and not complying with international trade obligations and creating some retaliatory or discriminatory measures. Tariff preferences under the special incentive arrangement for sustainable development and good governance should be temporarily withdrawn if the beneficiary country does not respect its binding undertaking to maintain the ratification and effective implementation of those conventions or to comply with the reporting requirements imposed by the respective conventions, or if the beneficiary country does not cooperate with the Union's monitoring procedures as set out in this Regulation. The temporary withdrawal should continue until the reasons justifying it no longer apply. In situations characterised by an exceptional gravity of the violations, the Commission should have the power to respond rapidly by adopting measures within a shorter timeline. Under the Union’s zero tolerance approach for child labour the reasons for temporary withdrawal should include exports of goods made by internationally prohibited child labour, as well as forced labour including slavery and prison labour, as identified in the relevant Conventions in Annex VI.
Amendment 185 #
2021/0297(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) Trade defense instruments are becoming increasingly important and should be enforced as soon as imports harm Union producers. Thereunder, the latter instruments should be used to manage situations where unfair trade practices take place in the form of price dumping or public subsidies, not WTO compliant. As trade within agri-food products is increasingly concentrated on processed products, the activation of trade defense instruments is progressively becoming more complex, as evidenced by the evolution of imports of semi-finished or processed rice from Cambodia. For this purpose, a certain establishment of the origin of the raw material used in the transformation of the product should be ensured.
Amendment 196 #
2021/0297(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The Commission should also adopt immediately applicable implementing acts where, in duly justified cases relating to safeguard investigations, imperative grounds of urgency relating to the deterioration of the economic and/or financial situation of Union producers which would be difficult to repair so require. Safeguards should be promptly activated if there were to exist a substantial negative impact on the Union agri-food production sector. Any delay or hesitation in the application of safeguard measures in the agri-food sector could lead to irreversible economic damage for Union farmers and the agri-food industry overall, with consequent loss of jobs and damage to the local, national and European socio-economic framework.
Amendment 200 #
2021/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) "sensitive products" means goods whose excessive utilisation rate by standard GSP beneficiary countries could have a negative impact on the market for basic or processed goods and other European commodities, in the medium and long term. In this regard and for the purposes of this definition, processed agri-food products - such as rice and sugar - are products obtained with basic raw materials whose origin or place of origin is ascertained in a Member State.
Amendment 202 #
2021/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
(9 b) For the purpose of this Regulation, agricultural and agri-food products are considered sustainable when they are certified in accordance with voluntary sustainability certification schemes recognized by the European Commission on the basis of pre- established sustainability criteria and minimum requirements. The latter should be based, inter alia, in consistency with the ambitious objectives of the European Green deal and the "Farm2Fork" strategy, as well as with internationally recognized standards such as relevant international conventions listed in Annex VI, adequate standards of human rights, environmental sustainability, economic equality and decent income. Criteria is also to include reliability, transparency, traceability, independent and accredited audit and adequate appeal procedures.
Amendment 215 #
2021/0297(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) it has not ratified all the conventions listed in Annex VI (the 'relevant conventions') or the Commission has identified, based on available information, in particular the most recent available conclusions of the monitoring bodies under those conventions, a serious failure to effectively implement any of those conventions.
Amendment 234 #
2021/0297(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The tariff preferences referred to in Article 7 shall be suspended, in respect of products of a GSP section originating in a standard GSP beneficiary country, when the average value of Union imports of such products over three consecutive years from that standard GSP beneficiary country exceeds the thresholds listed in Annex IV. The thresholds shall be calculated as a percentage of the total value of Union imports of the same products from all GSP beneficiary countries. Additionally, such a threshold shall be applied to a specific Taric code, or to a restricted number of Taric codes.
Amendment 236 #
2021/0297(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall, every three years, review the list referred to in paragraph 2 of this Article and adopt an implementing act in the year preceding the review year, in accordance with the advisory procedure referred to in Article 39(2), in order to suspend or to re-establish the tariff preferences referred to in Article 7. That implementing act shall apply as of 1 January of the year following its entry in force.
Amendment 240 #
2021/0297(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The list referred to in paragraphs 2 and 3 of this Article shall be established on the basis of the data available on 1 September of the year in which the review is conducted and of the two years preceding the review year. It shall take into account imports from GSP beneficiary countries listed in Annex I as applicable at that time. However, the value of imports from GSP beneficiary countries, which upon the date of application of the suspension no longer benefit from the tariff preferences under Article 4(1), point (b), shall not be taken into account.
Amendment 271 #
2021/0297(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By 1 January 2027, and every three years thereafter, the Commission shall present to the European Parliament and to the Council, in the most transparent way, a report on the status of ratification of the relevant conventions, the compliance of the GSP+ beneficiary countries with any reporting obligations under those conventions and the status of the effective implementation thereof.
Amendment 292 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Where the Commission considers that the findings justifya temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II in order to temporarily withdraw the tariff preferences provided under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2), point (b). In adopting the delegated act the Commission may, when appropriatejustified, consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country, including with regard to impacts on women’s employment and unemployment, with a view to minimising the negative socio- economic impact on the GSP+ beneficiary countries population while maximizing the leverage on its government.
Amendment 297 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 10
Article 15 – paragraph 10
10. Where the Commission decides on temporary withdrawal, such delegated act shall become applicable sixone months after its adoption.
Amendment 299 #
2021/0297(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. An eligible country shall benefit from the tariff preferences provided under the special arrangement for the least- developed countries referred to in Article 1(2), point (c), if that country is identified by the United Nations as a least-developed country and if it has not ratified all the conventions listed in Annex VI (the "relevant conventions") or the Commission has identified, based on available information, in particular the most recent available conclusions of the monitoring bodies under those conventions, a serious failure to effectively implement any of those conventions.
Amendment 304 #
2021/0297(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Where an EBA beneficiary country no longer fulfils the econditionsomic, environmental and social criteria referred to in paragraph 1 of this Article, the Commission is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I in order to remove the country from the EBA arrangement following a transitional period of three years as from the date on which the EBA beneficiary country no longer fulfils the econditionsomic, environmental and social criteria referred to in paragraph 1 of this Article.
Amendment 321 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) serious and systematic unfair trading practices including those affecting the supply of raw materials, which have an adverse effect on the Union industry and which have not been addressed by the beneficiary country. For those unfair trading practices, which are prohibited or actionable under the WTO Agreements, the application of this Article shall be based on a previous determination to that effect by the competent WTO body; Commission following a trade Barrier investigation under Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the WTO. For the other unfair trading practices, including - but not limited to - breaches of intellectual property rights, trade distorting investment practices, trafficking and smuggling, breaches of competition rules and any other unfair trading practices that may hinder market access and the national treatment principle, the application of this Article shall be based on a previous determination to that effect under the conditions laid down in Paragraph 3;
Amendment 335 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where the Commission, acting upon a complaint or on its own initiative, considers that there are sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 39(2). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act. Sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article are prima facie deemed to exist in case a Trade Barrier investigation has already been concluded by the Commission in relation to the unfair trading practices at stake.
Amendment 340 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 4 – point b
Article 19 – paragraph 4 – point b
(b) state that the Commission will monitor and evaluate the situation in the beneficiary country concerned during the monitoring and evaluation period referred to in Paragraph 5. During this process the Commission shall inform the Parliament and share, in the most transparent way, the relevant information out of the latter monitoring with the Council and the European Parliament;
Amendment 342 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission shall provide the beneficiary country concerned with every opportunity to cooperate during the monitoring and evaluation period of six months from the date of publication of the noticmonitoring and evaluation period will be of three months from the date of publication of the notice. During this period, the Commission shall provide the beneficiary country concerned with every opportunity to cooperate.
Amendment 345 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Within thre one months from the expiry of the period referred to in paragraph 5, the Commission shall submit a report on its findings and conclusions to the beneficiary country concerned. The beneficiary country has the right to submit its comments on the report. The period for comments shall not exceed one month. This paragraph does not apply in case a trade barrier investigation has already been concluded in relation to the unfair trading practices at stake.
Amendment 349 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 8 – introductory part
Article 19 – paragraph 8 – introductory part
8. Within sixtwo months from the expiry of the period referred to in paragraph 4, point (b)5, the Commission shall decide:
Amendment 352 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II, in order to temporarily withdraw the tariff preferences provided under the preferential arrangements referred to in Article 1(2). In adopting the delegated act the Commission may, where appropriate, consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 357 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 12
Article 19 – paragraph 12
12. Where the Commission decides on temporary withdrawal, such delegated act shall become applicable sixone months after its adoption.
Amendment 363 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 16
Article 19 – paragraph 16
16. Where the Commission considers that there is sufficient evidence to justify temporary withdrawal for the reason set out in paragraph 1, point (a) and the exceptional gravity of the violations calls for a rapid response in view of the specific circumstances in the beneficiary country, it shall initiate the procedure for temporary withdrawal in accordance with paragraphs (3) to (15). However, the period referred to in paragraph 4, point (b)5 is reduced to 21 months and the deadline referred to in paragraph 8 is reduced to 52 months.
Amendment 366 #
2021/0297(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where a product originating in a beneficiary country of any of the preferential arrangements referred to in Article 1(2) is imported in volumes or at prices which cause, or threaten to cause, serious difficulties to Union producers of likeproducts obtained in the Union for similar or directly competing products, normal Common Customs Tariff duties on that product may be wholly or partially reintroduced.
Amendment 368 #
2021/0297(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 (new)
Article 22 – paragraph 1 – subparagraph 1 (new)
"Products obtained in the Union" are the primary basic products, processed products and other goods of EU producers. Processed agri-food products are products obtained with raw materials whose origin or place of origin is ascertained in one of the Member States.
Amendment 373 #
2021/0297(COD)
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3 a. For the purposes of this Chapter, "directly competing products" means a product which, after or prior to an industrial transformation, can be compared to another product.
Amendment 377 #
2021/0297(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. An investigation, including the procedural steps referred to in Articles 25, 26 and 27, shall be concluded within 129 months from its initiation.
Amendment 380 #
2021/0297(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
On duly justified grounds of urgency relating to deterioration of the economic or financial situation of Union producers of products obtained in the Union, and where delay might cause damage which would be difficult to repair, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 39(4) to reintroduce normal Common Customs Tariff duties for a period of up to 12 months.
Amendment 384 #
2021/0297(COD)
Proposal for a regulation
Chapter VI – Section II – title
Chapter VI – Section II – title
II Safeguards in the Textile, Footwear, Agriculture and Fisheries Sectors
Amendment 388 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Without prejudice to Section I of this Chapter, on 1 January of each year, the Commission, on its own initiative and in accordance with the advisory procedure referred to in Article 39(2), shall adopt an implementing act in order to remove the tariff preferences referred to in Articles 7 and 12 with respect to the products from GSP sections S-11a, S-11b and S-11b2a or to products falling under Combined Nomenclature codes 1006, 1701, 2207 10 00, 2207 20 00, 2909 19 10, 3814 00 90, 3820 00 00, 38249956, 38249957, 38249992, 38248400, 38248500, 38248600, 38248700, 38248800, 38249993, and 38249996 where imports of such products, originate in a beneficiary country and their total value:
Amendment 395 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) for products falling under Combined Nomenclature codes 2207 10 00, 2207 20 00, 2909 19 10, 3814 00 90, 3820 00 00, and 38249956, 38249957, 38249992, 38248400, 38248500, 38248600, 38248700, 38248800, 38249993, and 38249996 exceeds the share referred to in point 1 of Annex IV of the value of Union imports of the same products from all countries and territories listed in Annex I, columns A and B C, during a calendar year
Amendment 399 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a a (new)
Article 29 – paragraph 1 – point a a (new)
(a a) for products falling under Combined Nomenclature codes 1006 and 1701 exceeds the share referred to in point 2 of Annex IV of the value of Union imports of the same products from all countries and territories listed in Annex I, column C, during a calendar year;
Amendment 403 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) for products under GSP sections S- 11a, S-11b and S-11b2a exceeds the share referred to in point 3 of Annex IV of the value of Union imports of products in GSP sections S-11a, S-11b and S-11b2a from all countries and territories listed in Annex I, columns A and B, during a calendar year.
Amendment 410 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Paragraph 1 shall not apply to EBA beneficiary countries, nor shall it apply to countries with a share for the relevant products referred to in paragraph 1 not exceeding 6 % of total Union imports of the same products.
Amendment 415 #
2021/0297(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
By 1 January 2027 and every threewo years thereafter, the Commission shall submit to the European Parliament and to the Council a report on the effects of the scheme covering the most recent three- wo-year period and all of the preferential arrangements referred to in Article 1(2).
Amendment 420 #
2021/0297(COD)
Proposal for a regulation
Annex IV – subheading 1
Annex IV – subheading 1
Modalities for the application of Article 8 and Article 29
Amendment 426 #
2021/0297(COD)
Proposal for a regulation
Annex IV – point 1
Annex IV – point 1
1. Article 8 and Article 29 shall apply when the percentage share referred to in paragraph 1 of thatose Articles exceeds 470 %.
Amendment 431 #
2021/0297(COD)
Proposal for a regulation
Annex IV – point 2
Annex IV – point 2
2. Article 8 shall apply for each of the GSP sections S-2a, S-3 and S-5 of Annex III, when the percentage share referred to in paragraph 1 of that Article exceeds 17,5 0 %. Article 29 shall apply for products falling under Combined Nomenclature codes 1006 and 1701 when the percentage share referred to in paragraph 1 of Article exceeds 10%.
Amendment 56 #
2021/0114(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A strong, open and competitive internal market enables both European and foreign undertakings to compete on merits. The Union benefits from a sophisticated and effective system of State aid control, aiming at ensuring fair conditions for all undertakings engaging in any economic activity in the internal market. This State aid control system prevents Member States from granting State aid that unduly distorts competition in the internal market.
Amendment 64 #
2021/0114(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Rules and procedures to investigate foreign subsidies that actually or potentially distort the internal market should be laid down and, where relevant, those distortions should be redressed. Foreign subsidies could distort the internal market if the undertaking benefitting from the foreign subsidy engages in any economic activity in the Union. This Regulation should therefore establish rules for all undertakings engaging in any economic activity in the Union. Given the significance of the economic activities pursued by SMEs, and their contribution to the fulfilment of the Union’s key policy goals, special attention is given to the impact of this Regulation on them.
Amendment 67 #
2021/0114(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure a level playing field throughout the internal market and consistency in the application of this Regulation, the Commission should be the sole authority competent to apply this Regulation, in close cooperation with Member States. The Commission should have the power to examine any foreign subsidy to the extent it is in the scope of this Regulation in any sector of the economy on its own initiative relying on information from all available sources. To ensure effective control, in the specific case of large concentrations (mergers and acquisitions) and public procurement procedures above certain thresholds, the Commission should have the power to review foreign subsidies based on a prior notification by the undertaking to the Commission. The Commission shall consult and inform Member States and the Parliament in all stages of the process in due time.
Amendment 72 #
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 advantage may also be granted through a private entity if its actions can be attributed to the third country.
Amendment 79 #
2021/0114(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Such a financial contribution or advantage should confer a benefit to any 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 94 #
2021/0114(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should take into account the positive effects of the foreign subsidy on the development of the relevant subsidised economic activity. The Commission should weigh these positive effects against the negative effects of a foreign subsidy in terms of distortion on the internal market in order to determine, if applicable, the appropriate redressive measure or accept commitments. The balancing may also lead to the conclusion that no redressive measures should be imposed. Categories of foreign subsidies that are deemed most likely to distort the internal market are less likely to have more positive than negative effects. The Commission shall, in close cooperation with Member States, develop and publish guidelines on the application of the balancing test.
Amendment 98 #
2021/0114(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The undertaking concerned could offer to repay the subsidy, together with appropriate interest. The Commission shouldmay accept a repayment offered as a commitment if it can ascertain that the repayment fully remedies the distortion, is executed in a transparent manner and is effective in practice, while taking into account the risk of circumvention of the objectives of this Regulation.
Amendment 105 #
2021/0114(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should have the power, on its own initiative, to examine any information on foreign subsidies, received from any relevant source, including Member States.. To this end, it is necessary to establish a procedure consisting of two steps, namely a preliminary review and an in-depth investigation.
Amendment 118 #
2021/0114(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Given the potentially significant impact of concentrations on the internal market, the Commission should have the power, upon notification, to examine information on foreign financial contributionsubsidies in the context of a proposed concentration. Undertakings should not be allowed to implement the concentration prior to the conclusion of the Commission’s review.
Amendment 125 #
2021/0114(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Below the notification thresholds, the Commission itself or upon request from a Member State, could require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
Amendment 134 #
2021/0114(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The need to address distortive foreign subsidies is especially salient in public procurement, given its economic significance in the internal market and the fact that it is financed by taxpayer funds. The Commission should have the power, upon notification prior to the award of a public contract or concession, to examine information on foreign financial contributionsubsidies to the participating undertakings in the context of a public procurement procedure. Prior notifications should be mandatory above a threshold set in this Regulation to capture economically significant cases while minimising the administrative burden and not hindering the participation of SMEs in public procurement. That obligation of prior notification above a threshold should also apply to groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU of the European Parliament and of the Council40 , Article 19(2) of Directive 2014/24/EU of the European Parliament and of the Council41 and Article 37(2) of Directive 2014/25/EU of the European Parliament and of the Council42 . It should also apply to the main subcontractors and the main suppliers of undertaking. _________________ 40 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 41 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 42 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 138 #
2021/0114(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) When a foreign financial contributionsubsidy is notified in the context of a public procurement procedure, the assessment should be limited to that procedure.
Amendment 144 #
2021/0114(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Taking into account the nature of the ex ante review mechanism for concentrations and public procurement awards, and the need for legal certainty regarding these specific transactions, a concentration or public procurement tender notified and assessed under the respective procedures cannot be reviewed again by the Commission on its own initiative. Financial contributions or advantage of which the Commission was informed through the notification procedure may however also be relevant outside the concentration or procurement procedure. In order to gather information on foreign subsidies, the Commission should have the possibility to launch investigations regarding specific sectors of the economy, particular types of economic activity or the use of particular foreign subsidy instruments.
Amendment 153 #
2021/0114(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in accordance with Article 291 of the Treaty. Those powers should be exercised to set out the form and content of notifications of concentrations as well as of financial contributionoreign subsidies in the context of public procurement procedures, details of disclosure, form and content of transparency requirements, calculation of time-limits, conditions and time-limits for commitments and detailed rules on the procedural steps concerning investigations regarding public procurement procedures. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 160 #
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 contributionoreign subsidies in the context of a public procurement procedure. In relation to financial contributionoreign subsidies 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 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 163 #
2021/0114(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Where a concentration is notifiable pursuant to this Regulation, financial contributionsoreign subsidy to any of the parties to the concentration granted in the three years prior to the date of application of this Regulation should fall within the scope of this Regulation. In the context of a public procurement procedure, this Regulation should also apply to a financial contributionoreign subsidy granted to an undertaking in the three years prior to the date of application of this Regulation,
Amendment 164 #
2021/0114(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) This Regulation addresses foreign subsidies grantedconferring an advantage to an undertaking engaging in an economic activity in the internal market. Such advantage is deemed to exist from any moment it can cause distortions, including prior to the actual receipt of, or entitlement to, the subsidy by the beneficiary. An undertaking acquiring control or merging with any 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 167 #
2021/0114(COD)
(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 any 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 industrieincluding 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 shall be considered to exist from the moment it first causes a disruption, even if it is prior to the beneficiary's receipt of the subsidy or being fully entitled to it. This may occur if the advantage is conditional or if there is a pattern of advantages granted to the latter beneficiary in similar situations.
Amendment 170 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1 a) other advantages shall include regulatory requirements which are lower than those set in the Union as well as all economic benefits that could not be obtained on normal market conditions, such as:
Amendment 172 #
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, inter alia:
Amendment 183 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
Amendment 185 #
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 188 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b – point iii
Article 2 – paragraph 2 – point b – point iii
(iii) any private entity whose actions can be attributed to the third country, taking into account all relevant circumstances, or whose actions cannot clearly be demonstrated to be independent of government policies.
Amendment 211 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2 a) The European Commission's findings of subsidies benefitting third country producers in a given sector made in relevant and recent Trade Defence Instruments (TDIs) investigations, or subsidies documented in reports published by international intergovernmental organizations shall constitute sufficient evidence of distortive subsidies to operators in the countries and sectors concerned having met the relevant threshold.
Amendment 219 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
(4) a foreign subsidy enabling an undertaking to submit an unduly advantageous tender, on the basis of which the undertaking would be awarded the public or private contract.
Amendment 221 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 a (new)
Article 4 – paragraph 1 – point 4 a (new)
(4 a) all export financing subsidies granted by third countries which are not signatories to the OECD Arrangement on officially supported export credits where they cause a distortion in the internal market;
Amendment 224 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 b (new)
Article 4 – paragraph 1 – point 4 b (new)
(4 b) all foreign subsidy to beneficiaries active in sectors which are characterized by structural excess capacity; featuring high-tech and/or dual-use products to a significant extent; or are designated as strategic by the government providing the subsidies.
Amendment 225 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 c (new)
Article 4 – paragraph 1 – point 4 c (new)
(4 c) foreign subsidies to operators which have privileged and/or protected access to a significant non-EU market, especially if the non-EU market is the operator's domestic market.
Amendment 233 #
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, based on the contribution of a foreign subsidy to the fulfilment of the objectives of the EU policies in the field concerned.
Amendment 238 #
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 243 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2 a) The Commission shall carry out a full, thorough and timely consultation of relevant Union industries affected by the distortions. The Commission may - in close cooperation with Member States and relevant stakeholders and industries affected by the distortions - publish guidelines on the application of this article, in order to further specify what constitutes a negative effect and the indicators used in the before-mentioned evaluation. The Parliament and the Council shall regularly be informed.
Amendment 256 #
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 260 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) reducing capacity or market presence notably by means of temporary market access restrictions, temporary restrictions in the supply of goods or services in the internal market where the related economic activity is distorted as a result of foreign subsidies, taking into account sectorial specificities;
Amendment 271 #
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. However, the Commission may impose other redressive measures than the repayment in presence of major subsidies, strategic sectors and/or State owned or controlled companies.
Amendment 275 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6 a) When choosing whether to accept commitments offered by the undertaking or which is the most appropriate and effective redressive measure to adopt, the Commission shall thoroughly consult affected Union industries, taking into account their sectoral specificities.
Amendment 280 #
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 from a Member State or from the Union industry examine information from any source regarding alleged distortive foreign subsidies.
Amendment 289 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
(1) The Commission shall seek all the information it considers necessary to assess, on a preliminary basis, whether the financial contribution or advantage under examination constitutes a foreign subsidy and whether it distorts the internal market. To that end, the Commission may in particular:
Amendment 295 #
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) Where appropriate, set interim measures in accordance with article 10
Amendment 302 #
2021/0114(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) During the in-depth investigation, the Commission shall further assess the foreign subsidy distorting the internal market that has been identified in the decision to initiate the in-depth investigation, seeking all the information it considers necessary in accordance with Articles 11, 12 and 13. The Commission shall report to the Parliament and the Council on the results of the investigation.
Amendment 309 #
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 312 #
2021/0114(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
(1) there are indications that a financial contribution or advantage constitutes a foreign subsidy and distorts the internal market; and
Amendment 315 #
2021/0114(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 2
Article 10 – paragraph 1 – point 2
(2) there is a serious risk of substantial and irreparable damage to competition on the internal market. Such serious risk is likely to occur in the case of subsidies operators in sectors which are targeted by national strategic plans in third countries or are otherwise considered strategic, affected by structural excess capacities, or dominated by the presence of State-owned enterprises in the country granting the subsidies.
Amendment 352 #
2021/0114(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
(3) Where an undertaking concerned, including a public undertaking which is directly or indirectly controlled by the State, fails to provide the necessary information to determine whether a financial contribution or advantage confers a benefit to it, that undertaking may be deemed to have received such benefit.
Amendment 354 #
2021/0114(COD)
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
Amendment 362 #
2021/0114(COD)
Proposal for a regulation
Article 15 – paragraph 6 a (new)
Article 15 – paragraph 6 a (new)
(6 a) The Commission may consult the Member States concerned as well as Union industries affected, in order to assess whether a fine or periodic penalty payment -or a combination of both- is an appropriate measure.
Amendment 370 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
(a) the acquired undertaking or at least one of the merging undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 2500 million; and
Amendment 378 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
(b) the undertakings concerned received from third countries an aggregate financial contributionaggregate foreign subsidies in the three calendar years prior to notification of more than EUR 50 million.
Amendment 383 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 4 – point a
Article 18 – paragraph 4 – point a
(a) the joint venture is contemplated to be active in the Union and the joint venture itself or one of its parent undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 500 million; and
Amendment 387 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 4 – point b
Article 18 – paragraph 4 – point b
(b) the joint venture itself and its parent undertakings received from third countries an aggregate financial contributionaggregate foreign subsidies in the three calendar years prior to notification of more than EUR 50 million.
Amendment 391 #
2021/0114(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 398 #
2021/0114(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
Aggregation of financial contributionoreign subsidies
Amendment 399 #
2021/0114(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The aggregate financial contributionoreign subsidies to an undertaking concerned shall be calculated by adding together the respective financial contributionoreign subsidies received from third countries by all undertakings referred to in Article 21(4), points (a) to (e).
Amendment 405 #
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 initiation 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 within the period prescribed in the latter published notice, making a written request for a hearing and showing that they are an interested party likely to be affected by the result of the proceedings. Opportunities shall, on request, be provided to interested parties so that opposing views may be presented and rebuttal arguments offered.
Amendment 426 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contributionsubsidies in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 250 million.
Amendment 428 #
2021/0114(COD)
Proposal for a regulation
Article 28 – title
Article 28 – title
Prior notification of foreign financial contributionsubsidies in the context of public procurement procedures
Amendment 432 #
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 shall either notify to the contracting authority or the contracting entity all foreign financial contributionsubsidies received in the three years preceding that notification or confirm in a declaration that they did not receive any foreign financial contributionsubsidies in the last three years. Undertakings which do not submit such information or declaration shall not be awarded the contract. The notification must take place when submitting a request for prequalification for public procurement procedures which include a prequalification stage before the tendering phase.
Amendment 440 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributionsubsidies under this paragraph shall extend to economic operators, groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 30% of the estimated value of the contract.
Amendment 441 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
(5) Where the undertaking, economic operators or groups of economic operators referred to in paragraph 1 fail to notify a foreign financialsubsidies contribution, or where such a notification is not transferred to the Commission, the Commission may initiate a review.
Amendment 446 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
(6) Where the Commission suspects that an undertaking may have benefitted from foreign subsidies in the three years prior to the submission of the tender or request to participate in the public procurement procedure, it may request the notification of the foreign financial contributionsubsidies received by that undertaking in any public procurement procedure which are not notifiable under Article 27(2) or fall within the scope of paragraph 5 of this Article, at any time before the award of the contract. Once the Commission has requested -itself or upon request of a Member State- the notification of such a financial contributionsubsidies, it is deemed to be a notifiable foreign financial contributionsubsidy in a public procurement procedure.
Amendment 449 #
2021/0114(COD)
Proposal for a regulation
Article 29 – title
Article 29 – title
Procedural rules applicable to the preliminary review and the in-depth investigation of notified financial contributionoreign subsidies in public procurement procedures
Amendment 450 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
(1) Articles 8, 9 (1), (3) and (4), 11, 12, 13, 14, 16 and 22 shall apply to notified financial contributionoreign subsidies in public procurement procedures.
Amendment 453 #
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 630 days after it received the notification.
Amendment 460 #
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 2100 days after it received the notification. In exceptional circumstances, this time limit may be extended after consultation with the concerned contracting authority or contracting entity.
Amendment 466 #
2021/0114(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Aggregation of financial contributions The aggregate financial contribution to an undertaking concerned shall be calculated by adding together the respective financial contributions received from third countries by all undertakings referred to in Article 21(4), points (a) to (e).
Amendment 481 #
2021/0114(COD)
Proposal for a regulation
Article 32 – title
Article 32 – title
Fines and periodic penalty payments applicable to financial contributionoreign subsidies in the context of public procurement procedures
Amendment 483 #
2021/0114(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
(1) A financial contributionoreign subsidy notified in the context of a concentration under Article 19 may be relevant and assessed again in relation to another economic activity.
Amendment 484 #
2021/0114(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
(2) A financial contributionoreign subsidy notified in the context of a public procurement procedure under Article 28 may be relevant and assessed again in relation to another economic activity.
Amendment 493 #
2021/0114(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
(1) The powers of the Commission under Article 9 shall be subject to a limitation period of ten years, starting onfrom the day on which a foreign subsidy is granted to the undertaking concernedlater of the actual moment of receipt of the subsidy or moment at which the related distortion first appears in the EU. Any action taken by the Commission under Articles 8, 11, 12, 13 or 134 with respect to a foreign subsidy shall interrupt the limitation period. After each interruption, the limitation period shall start to run afresh.
Amendment 499 #
2021/0114(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
(1) The Commission shall, before adopting a decision pursuant to Articles 9, 15, 24(3) point (c), 25, 30(2) or 32 give all the interested parties likely yo be affected by the result of the proceeding -such as the undertaking concerned- the opportunity to submit observationsaccess the relevant documentation, submit observations and provide relevant evidence on the grounds on which the Commission intends to adopt its decision.
Amendment 501 #
2021/0114(COD)
Proposal for a regulation
Article 40 – paragraph 7
Article 40 – paragraph 7
(7) An investigation pursuant to this Regulation shall not be carried out and measures shall not be imposed or maintained where such investigation or measures would be contrary to the Union’s obligations emanating from any relevant international agreement it has entered into. In particular, no action shall be taken under this Regulation which would amount to a specific action against a subsidy within the meaning of Article 32.1 of the Agreement on Subsidies and Countervailing Measures. This Regulation shall not prevent the Union from exercising its rights or fulfilling its obligations under international agreements, except where the third country granting the subsidy is not a WTO Member or where the Commission has well-founded indications that the third country granting the subsidy is in substantial non-compliance with notification obligations under the Agreement on Subsidies and Countervailing Measures or under other international agreements, at least with regard to the sector concerned. Provided that, regardless of the sector involved, actions may always be taken under this Regulation in relation to foreign subsidies which cause distortions on the internal market in public procurement procedures or in relation to concentrations.
Amendment 506 #
2021/0114(COD)
Proposal for a regulation
Article 42 – paragraph 1 – point b
Article 42 – paragraph 1 – point b
(b) the form, content and procedural details of notifications of foreign financial contributionsubsidies in public procurement procedures pursuant to Article 28;
Amendment 507 #
2021/0114(COD)
Proposal for a regulation
Article 42 – paragraph 1 – point f
Article 42 – paragraph 1 – point f
(f) detailed rules on the application of redressive measures under article 6 and the conditions and time limits for proposing commitments under Article 30;
Amendment 510 #
2021/0114(COD)
Proposal for a regulation
Article 44
Article 44
Amendment 518 #
2021/0114(COD)
Proposal for a regulation
Article 45
Article 45
Amendment 522 #
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 at the latest, and every two years thereafter, the Commission shall present a report to the European Parliament and the Council on the application and effectiveness of this Regulation, accompanied, where the Commission considers it appropriate, by relevant legislative proposals.
Amendment 532 #
2021/0114(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
(2) This Regulation shall apply to foreign financialsubsidies contributions granted in the three years prior to the date of application of this Regulation where such foreign financial contributions were granted to an undertaking notifying a concentration or notifying financial contributionoreign subsidies in the context of a public procurement procedure pursuant to this Regulation.
Amendment 1 #
2020/2254(INL)
Motion for a resolution
Citation 6
Citation 6
Amendment 6 #
2020/2254(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the unprecedented impact and magnitude of the national and regional lockdowns and other measures that have restricted economic activity, following the COVID-19 crisis, on the economy, has led to a decrease in tax revenues and an increase in fiscal expenditures to protect society and the economy, and is leading to a sharp increase in government debt; whereas tax fraud and tax evasion undermines government revenues, as well as the sustainability of public finances and taxation systems; whereas it is paramount to keep taxes low to support the growth of the economy;
Amendment 12 #
2020/2254(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas in 2020, tax revenue in the Union fell by EUR 215 billion compared to 2019, while at the same time the tax-to-GDP ration has increased from 41.1 to 41.3%1a; _________________ 1a https://ec.europa.eu/eurostat/en/web/prod ucts-eurostat-news/-/ddn-20211029-2
Amendment 17 #
2020/2254(INL)
Motion for a resolution
Recital B
Recital B
B. whereas a swift recovery requires a strong economic and fiscal policy response ensuring, inter alia: (i) an effective level playing field for businesses, including less red tape to promote both domestic trade and trade within the Single Marketless red tape, supported by a simple and more predictable tax environment; (ii) securing tax revenues for Member States to finance the recovery and reduce debt to GDP and (iii) fair taxation of businesses and citizens, enhancing both trust in society and fair competitiondomestic investment, domestic production and domestic demand;
Amendment 29 #
2020/2254(INL)
Motion for a resolution
Recital E
Recital E
E. whereas current international corporate tax rules are no longer suitableneed to be updated in the context of digitalisation and globalisation of the economy; whereas developments of digitalisation create afiscal challenge in terms of traceability of economic operations and taxable events;
Amendment 30 #
2020/2254(INL)
Motion for a resolution
Recital F
Recital F
F. whereas corporate taxation should be guided by the principle of taxing profits where they are generated, a coordinated approach to the corporate taxation system across the Union could further enable the tackling of unfair competition caused by harmful tax practices that distort the functioning of the single market and often lead to misallocation of resources;
Amendment 36 #
2020/2254(INL)
Motion for a resolution
Recital G
Recital G
G. whereas increased transparency in the area of corporate taxation can improve tax collection and is also necessary to strengthen fair competitiveness in the single markettaxation of corporates, non- financial entities (NFEs) and high-net worth individuals (HNWIs) can improve tax collection, which will make the work of tax authorities more efficient; whereas the use of technology and digitalisation focused on a more efficient use of the available data can support efficiency and transparency of tax authorities and reduce the costs of compliance and increase the trust of the public;
Amendment 43 #
2020/2254(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the Commission's Action Plan and supports its thorough implementation; observes that the majority of the 25 actions are related to VAT, which is appropriate due to the high level of revenue losses in the area of VAT; considers howeverit absolutely crucial that an impact assessment should be carried out, before presenting concrete legislative proposals to better apprehend the potential effects on taxpayers and businesses;
Amendment 45 #
2020/2254(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the Commission’s decision to carry out initiatives aimed at enhancing cooperation among tax authorities and increased harmonisation of procedural rules across the single market is of the highest importance; welcomes the Commission’s initiative for the ‘EU cooperative compliance programme’is of the highest importance;
Amendment 50 #
2020/2254(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. WelcomesTakes note of the Commission's proposal to modernise, and simplify and harmonise VAT requirements, using transaction-based 'real time' reporting and e-invoicing; notes that such reporting needs to be taxpayer- friendly while allowing tax administrations to have an overview of the various transactions in real-time, facilitating the prevention and detection of fraud and risky economic operators; considers that reporting requirements and tax forms should converge across the Member States; believes that the use of the data-mining tool Transaction Network Analysis (TNA) represents an available way to reduce tax fraud and promotes its further development and sharing of best practices among Member States;
Amendment 77 #
2020/2254(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the Union decision- making process is not promoting change, as tax policy is a national prerogative and subject to unanimity; regrets that the current situation sometimes leads to an uneven or inconsistent application of tax regulations; calls on the Commission and the Member States to ensure more harmonised and consistent tax rules and their implementation, to protect the functioning of the single market and to assure the principle of “taxing where profit is generated”Recalls that tax policy is a national prerogative and subject to unanimity;
Amendment 90 #
2020/2254(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes note of the existing limits on decision making in the CUnderlines that the European Parliament takes the rule of law very seriously; therefore denounciles and calls for exploring all legal options as provided y attempt to circumvent its own Treaty rules by advocating avoiding the Treaties on taxation especially in order to ensure functionality of the single market and preserve Union competitiveness in the global markeunanimity principle in tax matters; believes that Institutions that preach the importance of the rule of law should live by it;
Amendment 94 #
2020/2254(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Regrets that very little progress is registered on reducing VAT arrears, on increasing transparency, and on addressing organised crime more strongly; welcomes that digitalisation continues to be adopted in public administration, albeit at a moderate pace, with spending growing from 0.020% of GDP in 2019, to 0.022 % in 20258a; _________________ 8aEPRS, PE 694.223, September 2021, 30.
Amendment 110 #
2020/2254(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses that the amount of VAT arrears registered for each Member State is an important driver of administrative ineffectiveness; underlines that VAT arrears would need to decrease substantially, by close to 17 percentage points, from currently 37% on average to around 20%, in order to decrease the VAT gap by one percentage point10a; _________________ 10a EPRS, PE 694.223, September 2021, p. 29
Amendment 116 #
2020/2254(INL)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Recalls that in order to decrease the VAT gap by one percentage point, transparency would need to increase by 15 units, which for the Union on average means a move from 64 to 79 units, a substantial move towards the best performers2a; _________________ 2aEPRS, PE 649.223, September 2021, 29.
Amendment 126 #
2020/2254(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that the current global tax environment is outdated, and canneeds to be modernised, and that some tax issues could only be fully addressed on a global level; considers that a multilateral agreement negotiated OECD/G20 Inclusive Framework on BEPS is a unique opportunity to make international tax architecture more consistent with the development of the economy by further addressing the distortions of fair competition in the market, which was accentuated during the COVID-19 crisis and highlighted problems related to the taxing of large multinational enterprises (MNEs);
Amendment 136 #
2020/2254(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the efforts of the Commission to address the problem at least partially by introducing various initiatives, but sStresses the high importance of the Union in contributing to the success of global negotiations towards the ongoing necessary reforms;
Amendment 145 #
2020/2254(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. WelcomesTakes note of the two-pillar agreement reached at the G7/G20 levels on the allocation of taxing rights and the application of a minimum effective tax rate of at least 15% on the global profits of MNEs; notes the need for effective implementation; calls on the Commission to make the necessary legislative proposals to implement the agreement into Union law as quickly as possible after the finalisation of the technical work on the OECD approach;
Amendment 157 #
2020/2254(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines that according to the Commission’s Annual Report on Taxation 2021, tax arrears are very unevenly distributed across the Member States15a; is concerned about the fact that total year-end tax debt in Greece is well over 200% and is approaching 200% in Italy, a significant increase compared to the previous year, clearly showing severe tax compliance problems and inefficient tax payment systems in these specific countries; is shocked that the Commission did not collect information nor analyse tax arrears in individual Member States15b and urges the Commission to commence this process as of this year; _________________ 15ahttps://op.europa.eu/en/publication- detail/-/publication/db46de2a-b785-11eb- 8aca-01aa75ed71a1/language-en, graph 23, page 50. 15bAnswer given by Mr Gentiloni on behalf of the European Commission to question E-003183/2021, https://www.europarl.europa.eu/doceo/doc ument/E-9-2021-003183-ASW_EN.html
Amendment 160 #
2020/2254(INL)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Looks forward to the implementation of the national reform plans of Greece15c and Italy15d, which include wide ranging reforms and investments that are expected to improve tax collection, such as the digital transformation of companies and administrative systems in Italy and Greece’s Independent Authority for Public Revenue; calls on the Commission to await the national reform plans of those few Member States who have serious issues with tax avoidance, tax evasion and inefficient tax collection before presenting legislative proposals at Union level; _________________ 15cRegulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility, 328 final. 15d COM(2021), 344 final.
Amendment 161 #
2020/2254(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 169 #
2020/2254(INL)
17. Considers, however, that the BEFIT initiative should be supported by the political process, including with full respect for the unanimity principle, in building political support for change and that the initiative should be accompanied by a thorough impact assessment to shape future proposals, which should contribute to reaching a consensus between Member States;
Amendment 177 #
2020/2254(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the new corporate tax agenda should include a mechanism to address the debt-equity bias through an incentive system, helping to supportimprove the resilience of companies in adverse economic circumstances in the future;
Amendment 22 #
2020/2216(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that data access and processing are often indispensable to providing competitive digital services, highlighting the need to develop quickly in the EU the 5G infrastructure which offers extra high speeds; calls on the Commission to adopt digital trade rules that increase the competitiveness of EU business and facilitate the free transfer of data flows across borders while respecting EU data protection rules;
Amendment 4 #
2020/2140(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with concern that more than half of EU expenditure in 2019 may be considered as high-risk, including reimbursement-based payments for investments in the areas of cohesion and rural development; notes with concern that the increase in the estimated rate of material error from 4,5 % in 2018 to 4,9 % in 2019 can result in auditors giving an adverse opinion on EU expenditure;
Amendment 12 #
2020/2140(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the decrease in the estimated level of error in spending on ‘Economic, social and territorial cohesion’ from 5 % in 2018 to 4,4 % in 2019; welcomes this year- on-year improvement, but is disappointed that it has not proved possible to decrease the error rate to the 3 % level recorded in 2017; is concerned that of the 236 transactions examined, 29 errors had not been detected by audit authorities, taking account of the 64 errors previously discovered by audit authorities and corrections applied by programme authorities (worth a total of 334 million euros for both programming periods taken together);
Amendment 20 #
2020/2140(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Regrets that ‘Ineligible projects’ made 55% as a main type of error; notes that for five ERDF projects, from the 2014-2020 programming period, aid was granted to beneficiaries or operations that did not meet the eligibility conditions set out in the applicable regulation and multiannual operational programmes;
Amendment 21 #
2020/2140(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Regrets that ‘Infringements of internal market rules’ made 24% as a main type of error (9% - infringements of state aid rules; 15% - serious non- compliance with public procurement rules);
Amendment 22 #
2020/2140(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Regrets that ‘Ineligible expenditure’ made 12% as a main type of error;
Amendment 23 #
2020/2140(DEC)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Finds unacceptable the weaknesses found in the work of several audit authorities covered by ECA sample, which currently limit the reliance that can be placed on that work (the recalculated rate was above the 2 % materiality threshold in nine out of 20 assurance packages for the 2014-2020 period, the Commission adjusted the residual error rates for eight assurance packages to a figure above 2 %);
Amendment 24 #
2020/2140(DEC)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
Amendment 25 #
2020/2140(DEC)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Is very concerned about the weaknesses found in the work of several audit authorities covered by the European Court of Auditors' (ECA) sample, which currently limit the reliance that can be placed on that work (the recalculated rate was above the 2 % materiality threshold in nine out of 20 assurance packages for the 2014-2020 period, the Commission adjusted the residual error rates for eight assurance packages to a figure above 2 %); notes that for 120 of the sampled transactions (55 %), the ECA was able to draw conclusions on the basis of its review of the work carried out by the audit authorities; is deeply concerned that ECA identified shortcomings with the scope, quality and/or documentation of that work in 100 transactions (45 %), which required the ECA to carry out once more the corresponding audit procedures;
Amendment 26 #
2020/2140(DEC)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Notes that 13 of the compliance audits (5 by DG REGIO and 8 by DG EMPL) were final by May 2020, but for half of these audits, therefore, the residual rates were not yet final;
Amendment 34 #
2020/2140(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission to: - clarify eligibility conditions (including by defining what is meant by ‘physically completed’ and/or ‘fully implemented’ operations to help Member States to verify that operations comply with Article 65(6) of the CPR and avoid the non-detection of ineligible operations); - take action to increase the reliability of the residual rates reported by audit authorities (analyse the main sources of undetected errors and develop the necessary measures together with audit authorities to improve the reliability of reported residual rates);
Amendment 45 #
2020/2140(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Regrets that the delayed timing of a number of evaluations and studies analysing the results of the 2007-2013 period and the early stages of programming and implementation of the 2014-2020 cohesion policy programmes means that lessons learned are too late to have an impact on either the current or following programming periods (the results of the2014-2020 ex-post evaluations, for example, are expected to be available by the end of 2025 as required by the CPR, by then the 2021- 2027 programming period will be in its fifth year and the Commission is likely to be well advanced in preparing its legislative proposals for the post-2027 period);
Amendment 49 #
2020/2140(DEC)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Finds the effects of the relatively low levels of implementation in cohesion policy, compared to the rest of EU budget, worrisome; notes that an eventual time lag between the start of the programme, implementation and realisation of outputs and results, together with the fact that the latest data available relates to the end of 2018 in an implementation period lasting until the end of 2023, make it harder at this stage to achieve the objectives;
Amendment 51 #
2020/2140(DEC)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Regrets that of 72 indicators in total, only one third of the indicators are on track to meet their targets and that about half of the indicators are not on track; regrets that of 9 indicators linked to the general objectives, only two are on track, meanwhile about one third of the indicators had a mid-term milestone target set for 2018; notes that in total, 40 % of the output indicators are on track, for result and impact indicators, this percentage is 10 %; stresses that of all 10 indicators from the programme statements linked to the objective of supporting the shift towards a low-carbon economy in all sectors, only 1 –‘Number of households with improved energy consumption classification indicator’ – is on track;
Amendment 7 #
2020/2078(INI)
Motion for a resolution
Citation 20
Citation 20
— having regard to the Commission’s Economic Forecast: Springummer 2020 of 6 Ma7 July 2020 (Institutional Paper 125),
Amendment 14 #
2020/2078(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the national and regional lockdown measures in response to the COVID-19 pandemic isare causing an unprecedented and symmetric shock both for the EU and globallymost of the developed world, and its duration and its health, social and economic impact are not yet completely foreseeable;
Amendment 18 #
2020/2078(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the shock is symmetrical but the impact varies considerably among Member States, reflecting the severity of the pandemic and the stringency of their containment measures, but alsoeconomic impact of the lockdown and confinement measures varies considerably among Member States, reflecting their specific economic exposures and initial conditions, including their available scope for discretionary fiscaleconomic policy responses;
Amendment 26 #
2020/2078(INI)
Motion for a resolution
Recital C
Recital C
C. whereas a determined, coordinated and solidarity-basedn effective and efficient European response ismay be essential to mitigate the negative economic and social consequences of the crisinational and regional lockdown measures and the further deepening of macroeconomic divergence;
Amendment 51 #
2020/2078(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes with great concern that, according to the Commission’s Springummer 2020 economic forecast, the EU is expected to suffer the deepest recession in its history in 2020, significantly worse than the projections in the Spring forecast, including a euro area contraction by 8.7%; notes that the recession is more limited in those EU Member States that still retain their monetary sovereignty;
Amendment 61 #
2020/2078(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes note of the comment of Commission Executive Vice-President Valdis Dombrovskis following the publication of the Summer Economic Forecast of 2020, that "the economic impact of the lockdown is more severe than we initially expected", which only further illustrates the cluelessness of the Commission in economic matters, especially crisis management;
Amendment 64 #
2020/2078(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concerned about the negative impact of the COVID-19 crisis on the globalEuropean economy, trade, consumer trust, income inequalities and poverty, as well as the risk of regulatory overreach, a more lenient approach to sovereign debt issues and debt-financing of national budgets, and the rise of mass surveillance;
Amendment 75 #
2020/2078(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the Commission’s estimate of the investment needs of the EU for delivering the green transition and digital transformation amounts to at least EUR 595 billion per year8 ; _________________ 8 Commission Staff Working Document - Identifying Europe's recovery needs, p. 16: https://ec.europa.eu/info/sites/info/files/eco nomy- finance/assessment_of_economic_and_inv estment_needs.pdf should shelve its Green Deal in the light of the COVID-19 crisis;
Amendment 82 #
2020/2078(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises that the EUMember States faces the unprecedented challenge of mitigating the social and economic consequences of the historic recession and setting the course for a rapidsustainable economic recovery linked to a sustainable and just transition and digital transformation; is convinced that, for this,based on equity and sound budgetary policies; warns that a significant increase in public and private investment compared to the 2010s is indispensable and that the increased level of investmentwill make the already unsustainable debt levels across many Member States even more problematic, and will increase market volatility; believes that an increased level of budgetary discipline must be stabilised for many years to come;
Amendment 99 #
2020/2078(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomDeplores the swift and strong responabuse tof the crisis in the area ofto further loosen monetary and fiscal policy, at both EU and Member State level, as well as the European Recovery Plan; considers it essential that the recovery package is fully aligned with the EU’s new growth strategy, i.e. in accordance with the principles of the European Green Deal (EGD), the European Pillar of Social Rights (EPSR) and the United Nations Sustainable Development Goals (SDGs), and with the aim to protect women’s rights and achieve gender equality; demands that funds and resources be directed to projects and beneficiaries that comply with our Treaty-based fundamental values and that recipient firms protect their workers, pay their fair share of taxes, and refrain from paying out dividends or offering share buy-back schemes aimed at remunerating shareholders and its proposed partial debt-financing; recalls that debt-financing is prohibited under article 311 TFEU;
Amendment 116 #
2020/2078(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomeRegrets the activation of the general escape clause of the Stability and Growth Pact, and expects that it will remain activated at least until the end of 2021 in order to support the efforts of the Member States toallow increased public spending and debt financing of the Member States, which will only increase market volatility; urges the Commission and the Member States to focus rather on sustainable recovery from the consequences of the lockdown measures following the pandemic crisis and strengthen their economic and social resilience;
Amendment 132 #
2020/2078(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls the specific need to foster convergence within the euro areaprepare an orderly break-up of the euro area; calls on the Commission to prepare withdrawal scenarios for Member States to leave the euro area, including a proposal for a Treaty change to make it possible to expel Member States from the euro area, if they persistently cause economic problems to the eurozone as a whole;
Amendment 141 #
2020/2078(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes with concern that TARGET 2 imbalances are increasing, despite a narrowing in trade imbalances, indicating continued capital outflows from the euro area periphery; is especially worried about Italy´s TARGET 2 liabilities, which hit a new all-time high at € 537 billion;
Amendment 150 #
2020/2078(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. WelcomesTakes note of the conclusion of the European Fiscal Board (EFB)9 that the fiscal framework has to be revised, and is convinced that the deep economic crisis triggered by the lockdown measures following the pandemic further exacerbates this need; believes that the review and reform have to meet the above requirements in terms of increasing investment relating to climate change and digitalisation and stabilising the new level of investment, while ensuring sound budgetary management; _________________ 9EFB Annual report 2019, p. 71 - https:/ec.europa.eu/info/sites/infos/files/20 19-efb-annual-report_en.pdf
Amendment 158 #
2020/2078(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is concerned about the significant but uneven negative impact of the lockdown measures following the COVID- 19 crisis on government deficit and private debt, which further aggravates the situation of Member States that are particularly affected by the pandemic and/or pre- existing high levels of government debt; calls for a solution that guarantees the sustainability of public debtmbitious cuts in public debt and for an ambitious overhaul of the debt- financing culture across the EU, if the common currency is to survive the next decade;
Amendment 163 #
2020/2078(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers it essential that the revision of the EU’s fiscal and economic policy framework should be completed by the time the escape clause is repealed and should enable fiscal policy to respond with discretion to shocks in the short term, and to reduce high public debt ratios to an agreed reference value in the long term, while allowing a sufficient level of public investment, progressive tax policies and the repayment of loans in a cycle- comfortable manner, andescape clause is repealed as soon as possible, and to reduce high public debt ratios to an absolute minimal value in the long- term modernisation of public commodities;
Amendment 183 #
2020/2078(INI)
Amendment 204 #
2020/2078(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. WelcomesTakes note of the refocus of the European Semester Spring Package aimed at providing an immediate economic policy response to tackle and mitigate the health and socio-economic impact of COVID-19 and reboot economic activity; supports the Commission’s announcement of a reform of the European Semester to convert it into a tool to coordinate the recovery measures, framed by the principles of the EGD, the EPSR and the SDGs; is convinced that this has to include the coordination of measures concerning state aid and tax policies; underlines the need for the integration of a new set of binding sustainability and wellbeing indicators and alternative measurements of growth performance;
Amendment 229 #
2020/2078(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises the role that the Commission has allotted to the European Semester in the Recovery Plan; notes, however, that the effectiveness and success of the alignment of Member States’ investment and reform programmes to the Semester process will depend on the progress of the Semester reform and the above-mentioned reform ofrespect for the Stability and Growth Pact;
Amendment 235 #
2020/2078(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its call for the strengthening of Parliament’s democratic role in the economic governance framework in any upcoming TreatyWelcomes that the Commission change and, in the meantime, for an Interinstitutional Agreement on Sustainable European Governance granting Parliament a right of consent on the policy recommendations presented in the Annual Sustainable Growth Survey, the euro area fiscal package and thenot force Member States to comply with its Country Specific Recommendations;
Amendment 248 #
2020/2078(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that public revenues are essential to finance the post-pandemic recovery and the just transition to a sustainable economy; recalls that tax evasion and tax avoidance at EU level amount to up to EUR 160-190 billion each year, constituting missing revenues for the treasuries; underlines that this crisis should not be abused as an argument to increase taxation and public expenditure across Member States; regrets that civil society organisations, such as the Open Society Foundation, with an endowment of almost 20 billion US dollars, are still exempt from the transparency requirements under the Fifth Anti-Money Laundering Directive;
Amendment 259 #
2020/2078(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Invites the Commission to explore new policies suggested by international institutions that support and contribute to financing a just transition and sustainable growth, as well as aiming to restore Member States’ public finances; calls for the new basket of resources to include income stemming from EU policies favouring both the implementation of environmental protection and the preservation of a fair single market;
Amendment 267 #
2020/2078(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 5 #
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; 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; furthermore stresses that the European Green Deal represents a disproportionate additional financial burden on SMEs and industry, distorting global competition and, under the impact of the COVID-19 crisis, seriously jeopardising their professional existence;
Amendment 14 #
2020/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that the COVID-19 crisis has severely hit European industry and threatening the employment market, call in this regard the Commission to re- focus on concrete actions to support industrial and local production and related exports alternatively to concentrate on a carbon-neutral economy;
Amendment 18 #
2020/2076(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. underlines that european SMEs and instustry are already champion in the green economy and in green tools; in this regard the commission should accompany Member States towards exporting this tools and know-how to create a global level playing field;
Amendment 26 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to focus on domestic productivity on the basis of research and innovation within Europe, in order to establish a strategic autonomy and less dependence on vulnerable supply chains in core industry sectors such as the tech and telecommunications, medical products and, pharmaceuticals and agricultural sectors, especially in times of global crisis, and to remain competitive on the global markets;
Amendment 36 #
2020/2076(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that industry is a national competence, which should be driven by the interest of local business and local producers; stresses however that the European Commission should give the opportunity to Member States of developing a proper strategy to enhance the exchange of information in order to achieve positive impact on trade relations -in and outside of the internal market-;
Amendment 38 #
2020/2076(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Underlines that industry counts for 80% of European goods exports and employs around 35 million people, calls the Commission to take into account the significant added value industry brings to the European employment market and social rights and its crucial place as a factor of prosperity and competitiveness;
Amendment 44 #
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 power; in this regards underlines the need of creating a level playing field while being mobilised on reforming the WTO toghether with international partners;
Amendment 81 #
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, crucial infrastructure, key enabling technologies, or any other assets in the interests of security and cybersecurity. to prevent hostile takeovers by third country companies;
Amendment 3 #
2020/2058(INI)
Motion for a resolution
Citation 11
Citation 11
Amendment 52 #
2020/2058(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomeRejects the Sustainable Europe Investment Plan (SEIP) as central in ensuring the success of the Green Deal and the transition towards a more sustainable and resilient economythe financial arm of the European Green Deal scam, created for centrally planning the economies of the Member States and funnelling taxpayers' money and artificially cheap credit to politically desirable sectors and undertakings;
Amendment 59 #
2020/2058(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance to provide for an economically viable transition, in particular for SMEs and micro- enterprises in terms of time and conversion tools;
Amendment 62 #
2020/2058(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Stresses that an equitable transition to a sustainable and resilient economy cannot be separated from an effective digitalization plan. As the facts demonstrated during the Corona virus pandemic, digitization allows doing many remote activities, such as working, attending school or university’s lessons, having a medical consultation; consequently, it could be possible to greatly reduce the pollution from today's very high mobility and would allow repopulating many areas currently depopulated; so stresses that the repopulation of ex populated areas would benefit the environment in terms of ordinary maintenance of the territory, avoiding the hydrogeological risk to which some areas are now more exposed;
Amendment 69 #
2020/2058(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomeRejects the Commission’s European Recovery Plan with the European Green Deal at its heart; endorsestakes not of the underlying principleassumption that public investments will respect the oath to ‘do no harm’; emphasises that national recovery and resilience plans should put the EU on the path to a 50 % to 55 % reduction in greenhouse gas emissions by 2030 compared to 1990 and climate neutrality by 2050, since they are the result of central planning by elected and mostly unelected government officials redistributing taxpayers' money and could do more harm to a sustainable economy than informed investment decisions by entrepreneurs dealing with their own capital or capital voluntarily entrusted to them by market investors;
Amendment 92 #
2020/2058(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the success of the EU’s aim to achieve climate neutrality will depend on the adequacy of the financingreduce negative externalities detrimental to the environment, will depend on the adequacy of the financing, which has become increasingly difficult under the ultra-accommodative monetary policies of the European Central Bank;
Amendment 100 #
2020/2058(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the success of the EU’s aim to achieve climate neutrality will depend on the adequacy of the financingmust be reached with the lowest social and economic impact;
Amendment 105 #
2020/2058(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that Article 311 TFEU prohibits the EU from contracting debt; underlines that issuing debt is a defining feature of sovereign states;
Amendment 111 #
2020/2058(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Questions whether the SEIP, as currently constituted, will enable the mobilisation of the surprisingly round amount of EUR 1 trillion by 2030, given the negative economic outlook following the COVID-19 crisis and seemingly completely arbitrary nature of that number; requests the Commission to ensure full transparency on equity and debt financing issues, such as the optimistic leverage effect or the lack of clarity over the extrapolations of certain amounts and the no debt clause of Article 311 TFEU; furthermore questions how the new MFF as proposed by the Commission in its revised proposals of 27 and 28 May 2020 would enable the achievement of the SEIP targets;
Amendment 136 #
2020/2058(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Wishes to see it ensured that funding from the SEIP, at EU and national level, goes towards the policies and programmes with the highest potential to contribute to the fight against climate change, and looks forward to the Commission’s upcoming climate tracking methodology using appropriately the criteria established byreturn on investment, without crowding out private investment, and looks forward to the Commission’s follow-up on the statement by Commissioner Valdis Dombrovskis of 5 June 2020 on the potential conflict of interest of BlackRock´s involvement in the EU taxonomy regulation;
Amendment 157 #
2020/2058(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that public and private finances should adhere to the EU taxonomyStability and Growth Pact, if it ever is revived, and to the Do Not Significantly Harm (DNSH) principle, in order to ensure that EU policies and financing, including the EU budget, the programmes financed through Next Generation EU, the European Semester and EIB financing do not contribute to objectives, projects and activities that significantly harm social or environmental objectivesthe economy, sovereign debt sustainability and the no debt clause enshrined in Article 311 TFEU;
Amendment 167 #
2020/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the phasing-out of public and private investments in highly polluting and harmful industries for which economically feasible alternatives are available, while fully respecting the rights of Member States to choose their energy mix;
Amendment 195 #
2020/2058(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the central role of the EU budget in delivering the SEIP; reiterates its long-standing position that new initiatives should always be financed through additional appropriations and should not negatively affect other policiesown resources, as enshrined in Article 311 TFEU;
Amendment 209 #
2020/2058(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that, in order to meet its obligations under the Paris Agreement, the EU’s contribution to the climate objectives should be underpinned by sound economics and ambitious minimal share of climate-related expenditure in the EU budget, going beyondpreferable below the levels of targeted spending shares of at least 25 % over the MFF 2021- 2027 period and of 30% as soon as possible and at the latest by 2027, given the severe economic downturn caused by the COVID-19 lockdown measures, and the ongoing economic crisis, which prompts a more moderate and realistic approach by the EU;
Amendment 235 #
2020/2058(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomeRejects the proposal to top up the Just Transition Fund (JTF), since money does not grow on trees or can be printed without consequences, including with additional funds from Next Generation EU, and the two additional pillars of the Just Transition Mechanism, namely a dedicated scheme under InvestEU and a public sector loan facility, which will contribute to alleviating the economic effects of the transition to climate neutrality on the most vulnerable regioninject even more artificially cheap credit in our already credit-addicted economy, without substantial effects ion the EUreal economy;
Amendment 253 #
2020/2058(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. WelcomeRejects the role of InvestEU in the implementation and functioning of the SEIP and considerdeplores that it should be at the heart of the Union’s green, fair and resilientcentrally-planned and economically unsound recovery; welcomerejects, therefore, the Commission’s proposal to increase the programme’s size and scope; welcomerejects the proposal to create a Strategic Investment Facility within InvestEU to promote sustainable investments in key technologies and value chainsinvestments dubiously labelled as sustainable or green in technologies and value chains which are deemed to be "key", by political decree;
Amendment 274 #
2020/2058(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the Innovation Fund and the Modernisation Fund should make a significant contribution to the sustainable transition, and welcomes in particular the fact that the Modernisation Fund is designed to support investments to improve energy efficiency in 10 lower- income Member States and is therefore an important tool in ensuring a just transitionModernisation Fund is designed to funnel EU money into Eastern-European Member States, several of which have been downgraded in Transparency´s International Corruption Perceptions Index during recent years;
Amendment 285 #
2020/2058(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. SuppDeplortes the Commission’s innovativesneaky approach in stating that the EU budget will contribute to achieving climate objectives also through its revenue side, which means more and new taxes, and underlines that Article 113 TFEU should be fully respected;
Amendment 291 #
2020/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reaffirms its previous position regarding candidates for new own resources, and calls on the Commission to proposejects the introduction of new EU own resources, which correspond to essential EU objectives including the fight against climate change and the protection of the environment; asks, therefore, for the introduction of new own resources based on the auction revenues of the Emissions Trading System, a contribution on non-recycled plastic packaging waste, the future Carbon Border Adjustment Mechanism, a Common Consolidated Corporate Tax Base or a precursor based on operations of large enterprises, a tax on digital companies, and a financial transaction taxwill ultimately lead to further taxation of businesses and increased tax pressure on citizens;
Amendment 293 #
2020/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reaffirms its previous position regarding candidates for new own resources, and calls on the Commission to propose new own resources which correspond to essential EU objectives including the fight against climate change and the protection of the environment; asks, therefore, for the introduction of new own resources based on the auction revenues of the Emissions Trading System, a contribution on non-recycled plastic packaging waste, the future Carbon Border Adjustment Mechanism, a Common Consolidated Corporate Tax Base or a precursor based on operations of large enterprises, a tax on digital companies, and a financial transaction taxcalls that for a nation to tax itself into prosperity, is like a man standing in a bucket and trying to lift himself up by the handle; rejects the ever more innovate efforts of the Commission in pursuit of own resources;
Amendment 318 #
2020/2058(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Deplores the Commission's approach to creating new European taxes such as the "carbon tax" or the "plastic tax", which would have a very negative impact on consumers and businesses at an already difficult time for the recovery of the economy hit hard by the crisis of the Coronavirus;
Amendment 340 #
2020/2058(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomesarns that the efforts of the European Investment Bank (EIB) to revise its energy lending policy and to devote 50 % of its operations to climate action and environmental sustainability; calls on the EIB to commit to the sustainable transition towards climate neutrality while taking into account the different energy mixes of Member States and devoting particular attention to the sectors and regions most affected by the transitionould lead to asset bubbles in those markets concerned; calls on the EIB to respect the different energy mixes of Member States;
Amendment 363 #
2020/2058(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises the important role of the national promotional banks and institutions and of international financial institutions (IFIs) in the financing of sustainable projects, thereby contributing to the achievement of the goals of the Paris Agreementsound monetary polices, a stable money supply, stable prices and normal interest rates in the financing of sustainable projects, which require longer time horizons and have lower time preference;
Amendment 375 #
2020/2058(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. RecallsTakes note of the statement of the ECB President that the ECB is supporting the development of a taxonomy as a way of facilitating the incorporation of environmental considerations in central bank portfolios; calls on the ECB to evaluate the feasibility of including sustainability criteria in its collateral framework and its annual stress testing exercise, while assessing ways to guide lending towards energy transition investments and to rebuild a sustainable economy in the aftermath of the COVID- 19 crisisquestions whether these operations fall within the scope of the mandate of the ECB, as enshrined in article 127 TFEU;
Amendment 395 #
2020/2058(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports a renewed sustainable equity- finance strategy; underlines the need for an EU eco-label for financial products, for an EU Green Bond Standard (EU GBS), and for more reliable, comparable and accessible sustainability data obtained by harmonising sustainability indicators and creating a public sustainability data register based on sound economics; underlines the need for more reliable, comparable and accessible sustainability data obtained by independent market research;
Amendment 406 #
2020/2058(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 421 #
2020/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Insists on the integration of governance objectives in the sustainability framework, including withrough additional voting rights for long-term shareholders, reform of remt creating extra red tape and costs for both underation structures and fiduciary duties for top-line management, and mandatory sustainability reporting and due diligence for financial institutions and large corporates; welcomes the preparation of a sustainable corporate governance initiativetakings, shareholders and customers, like we have seen in the aftermath of the chaotic implementation of MiFID II;
Amendment 459 #
2020/2058(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the introduction of an enabling framework for public sustainable investments to achieve the goals set out in the European Green Deal, but sStresses that whatever financing model is chosen, it must not underminerespect the sustainability of public finance in the EU; supports the commitment by EVP Dombrovskis to explore how taxonomy can be used in the public sector, especially the no debt clause enshrined in Article 311 TFEU; warns that applying taxonomy to the public sector can undermine national sovereignty of Member States and curb their exclusive competences; calls for public support for airlines to be used in a sustainable and efficient manner;
Amendment 491 #
2020/2058(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that the European Semester is a futile framework for EU Member States to coordinate their budgetary and economic policies; believes that it couldsince it has not been able to keep Member States in line with the Stability and Growth Pact, it could a fortiori not facilitate the implementation of the European Green Deal, the European Pillar of Social Rights and the UN Sustainable Development Goals (SDGs); believes that the SDGs should be at the heart of EU’s po within the framework of the Stabilicty making processand Growth Pact;
Amendment 514 #
2020/2058(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. SupporRejects the Solvency Support Instrument to level the playing field in the single market, and the introduction of centralised ‘transition plans’ for certain politically favoured companies to increase the sustainprofitability of their activities; considers that society can ask for a quid pro quo when providing support to companies; believes that transition plans should be obligatory for companies seeking state aid or EU-level support unless it is clear that they do not engage in environmentally or socially harmful activities; urges the Commission to only approve transition plans that set businesses on the path to the climate- neutral and circular economy without significantly harming any other environmental or social objectivbelieves that taxpayers should ask for a quid pro quo when providing support to companies;
Amendment 530 #
2020/2058(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 533 #
2020/2058(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Invites the Commission to revise the Energy Tax Directive and coordinate a kerosenot to coordinate a kerosene tax because it would affect mostly the consumer rather than the airline companies; underlines tax that could also feed into the EU budgehe importance of incentivizing the use of alternative means of transport to the air carriers through facilitations for greener transport;
Amendment 554 #
2020/2058(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Wishes it to be ensured that all contribute and profit equitably to the post- corona recovery and the transition to a sustainable economy; seeks an intensified fight against tax fraud, tax evasion and tax avoidance and aggressive tax planning; calls on the Commission to create a blacklist of EU Member States facilitating tax avoidance; calls for EU-level coordination to avoid aggressive tax planning by individuals and corporates; seeks in this context an ambitious strategy for business taxation for the 21st centuryrecalls that only innovation and entrepreneurial spirit, unlike taxation and regulation, can foster economic recovery and innovation;
Amendment 10 #
2020/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is convinccerned that a purpose-built trade policy can be an important driver in steering economies towards decarbonbut highly politically motivated trade policy can be driver towards a planned economy in forcing economies towards decarbonisation and resulting deindustrialisation in order to achieve the climate objectives set in the Paris Agreement and the European Green Deal;
Amendment 21 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports, in the absence of a global carbon price and a multilateral soluQuestion,s a market-based EU carbon border adjustment mechanism (CBAM) oneven under the 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; underlines that unilateral action by the EU through the introduction of the CBAM may lead to retaliatory measures such as punitive tariffs on European exports, that might cause economic damages and severely impact European producers and companies;
Amendment 44 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the general exception clause of Article XX of the General Agreement on Tariffs and Trade (GATT) should be the basis for any CBAM design and its only rationale should be an environmental one – reducing global CO2 emissions and preventing carbon leakage; requests a legal opinion by an independent legal experts on whether Article XX’s “would not constitute a means of arbitrary and unjustifiable discrimination between countries in similar circumstances or a disguised restriction on international trade” would be applicable;
Amendment 64 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for thorough impact assessments - especially on direct and indirect carbon leakage - and for the utmost transparency of the process leading to the CBAM, as well as engagement with the EU’s trading partners to build coalitions and avoid any possible retaliations; demands that a full life-cycle GHG emissions analysis will be used as the basis for calculation in order to obtain a neutral and comparable picture of the product’s carbon footprint;
Amendment 75 #
2020/2043(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission not to allocate CBAM revenues as assigned own resources to Next Generation EU (NGEU) but to the various EU research programmes and use it as a mean to help SMEs and industry coping the burdens of the Green Deal policy;
Amendment 12 #
2020/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomNotes the announcement from the G20 on a temporary moratorium on debt repayments for the weakest developing countries and encourages private creditors to take part in this operation;
Amendment 22 #
2020/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the European Union still has important economic ties with African states, and that China has intensified its economic engagement in Africaincluding Economic Partnership Agreements (EPAs), which have not turned out to be the most appropriate tools for pursuing the development process for which they were intended and which, on the contrary, are threatening existing local production and are liable to hamper the establishment of new job- and wealth-creating businesses;
Amendment 32 #
2020/2041(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is of the view that Chinese presence and investments in Africa have increased considerably and that there is a need to remain vigilant as to the economic, social and environmental impact of the Chinese approach in Africa, in order to preserve the commercial interests of African states and of EU Member States;
Amendment 35 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that the role of many African states in the international division of labour does not promote theireconomic development in those states that is sustainable developmentover time;
Amendment 57 #
2020/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to support Africa in its ambitions for a continental free trade area by making the necessary adjustments in order to implement itsto the Economic Partnership Agreements (EPAs) and make them fit the project of the Continental Free Trade Area;
Amendment 65 #
2020/2041(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that the fragmented implementation of EPAs hasinadequacy of the EPAs has undermined the already delicate process of continental integration and resulted in a lack of substantial progress in supporting regional integration, capacity-building on border cooperation, and improvements in investment climates and good governance;
Amendment 76 #
2020/2041(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for a concrete proposal that establishes common initiatives on a renewablen energy supply on thethat is suited to the specific territorial, geographic and demographic features and needs of African countinentries;
Amendment 84 #
2020/2041(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises the need for substantial sustainable investments that enable leapfrogging in the African states; African states to promote job creation, develop their production and processing sectors in situ and manage their resources more effectively, in order to achieve the objectives of greater 'economic autonomy';
Amendment 99 #
2020/2041(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Highlights the need to promote, support and encourage female and youth entrepreneurship;
Amendment 9 #
2020/2034(INL)
Motion for a resolution
Citation 2 d (new)
Citation 2 d (new)
– having regard to the answer given by Vice-President Dombrovskis on behalf of the Commission E-001130/2017 of 10 April 2017,
Amendment 28 #
2020/2034(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the financial sector is under extreme pressure by the ultra-low interest rate environment dictated by the ECB to cut costs and find new and innovative ways to work more efficiently, including through digital finance;
Amendment 34 #
2020/2034(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the ultra-accommodative policies of the ECB cast doubt on a sustainable future for the common currency, which stresses the importance of cryptocurrencies and crypto-assets as reliable stores of value and as a hedge against monetary insecurity;
Amendment 43 #
2020/2034(INL)
Motion for a resolution
Recital E
Recital E
E. whereas a Central Bank Digital Currency (CBDC) mis based on the concept of a stable asset, is sovereign in nature and therefore distinct to crypto-assetses the point of decentralised and encrypted safe stores of value, unless its issuance algorithm is completely separated from central banking policy, and it is untraceable and anonymous;
Amendment 45 #
2020/2034(INL)
Motion for a resolution
Recital F
Recital F
F. whereas possible initiatives for implementing CBDCs are under consideration, both within the Union and on at global level; underlines however that the development of CBDCs does not fall within the mandate of the ECB, which is to maintain price stability;
Amendment 60 #
2020/2034(INL)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas in its report on decentralised transaction networks (DLT), published in January 2017, ESMA concluded that it was too early for regulatory measures because the technology in the financial markets was still in its early stages;
Amendment 65 #
2020/2034(INL)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas ESMA expects, according to its report on decentralised transaction networks (DLT), that the new technology will bring various advantages, but also challenges in terms of control, data protection, cross-system interoperability, the application of common standards and access to central bank balances;
Amendment 78 #
2020/2034(INL)
Motion for a resolution
Recital M
Recital M
M. whereas operational problems, particularly ICT and security risks, especially hacking by foreign powers, can generate systemic risks for the financial sector;
Amendment 79 #
2020/2034(INL)
Motion for a resolution
Recital O
Recital O
Amendment 80 #
2020/2034(INL)
Motion for a resolution
Recital P
Recital P
P. whereas cyber resilience is an integral part of the work on the operational resilience of financial institutions carried out by authorities on a globmultilateral level;
Amendment 110 #
2020/2034(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the commitment of the Commission to finalising an Action Plan on FinTech by Q3 of 2020; considers that a Commission proposal on crypto-assets, as well as acould be useful and warranted, and could include rules on cross-sectoral financial services, actnd on operational and cyber resilience, are timely and necessary due to recent developments in the markets; requests that the Commission submit on the basis of Article 114 respective proposal following the recommendations set out in the Annex hereto;
Amendment 123 #
2020/2034(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that FinTech will be integral to the success of the Capital Markets Union (CMU) and encourages the Commission to consider how to harness the benefits of FinTech in driving forwardmaking capital markets integration in the Union the Union more resilient;
Amendment 133 #
2020/2034(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to deploy a proportionate, cross-sectorial and holistic approach to its work on FinTech, and focus on not smothering innovation with overregulation and red tape;
Amendment 139 #
2020/2034(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to act as first mover in order to create a favourable environment for European FinTech hubs and firms to scale up, for example by exempting such hubs and firms from the increasingly harmonised tax regulation at EU level;
Amendment 149 #
2020/2034(INL)
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Stresses that law and supervision in the area of FinTech should be based on the following principles:
Amendment 156 #
2020/2034(INL)
Motion for a resolution
Paragraph 6 – point c a (new)
Paragraph 6 – point c a (new)
ca. preferential treatment of technologies developed in the EU and financed by EU sources;
Amendment 178 #
2020/2034(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the importance of the triangle of trust, identity and dataprotection and data security in order to ensure that operators, consumers and supervisors are able to have confidence in digital finance;
Amendment 201 #
2020/2034(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that developing a pan- European taxonomy for crypto-assets is desirable as a step towards fosteringe need for a common understanding, facilitating collaboration across jurisdictions and providing greater regulatorysupervisory and legal certainty for market participants engaged in cross border activity; recommends taking into account the importance of international cooperation and global initiatives as regards frameworks for crypto-assets, bearing in mind in particular their borderless nature; cautions, however, that developing an open-ended taxonomy template may be more appropriate for this evolving market segment, but will ultimately be detrimental to legal certainty, and will be quickly outdated due to technological progress;
Amendment 212 #
2020/2034(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes, therefore, that any further categorisation should be cautious, restrained, balanced and flexible in order to give space for innovation in the sector while ensuring that risks can be identified at an early stage;
Amendment 222 #
2020/2034(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Further stresses that clear guidance on the applicable regulatory and prudential processes is needed in order to provide regulatory and prudential certainty regarding crypto- assets;
Amendment 232 #
2020/2034(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that applying existing regulations to previously unregulated crypto-assets will be necessary, as will creating bespoke regulatory regimes for evolving crypto-asset activities, such as initial coin offeringdifficult, since such technological innovations usually innovate by finding ways to circumvent new regulatory initiatives;
Amendment 241 #
2020/2034(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights that a common Union framework on crypto-assets shcould help increase consumer and investor protection, enhance know your customer (KYC) obligations and oversight of the underlying technology;
Amendment 268 #
2020/2034(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that with the increasing digitalisation of financial services, as well as outsourcing to external IT solution or maintenance providers, such as cloud providers, the exposure of financial institutions and markets to disruption caused by internal failures or external attacks by foreign powers is becoming more pronounced;
Amendment 276 #
2020/2034(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to propose legislative changerefits in the area of ICT and cyber security requirements for the Union financial sector in order to address any inconsistencies, gaps and loopholes that are found to exist in relevant law;
Amendment 289 #
2020/2034(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Regrets that the supervisory negligence preceeding the downfall of Wirecard suggests that FinTechs profit from preferential treatment by supervisory authorities; regrets that the European institutions, including the European Parliament, has contributed in creating a hype around FinTechs; calls on national and European authorities to curb their enthusiasm when promoting FinTech;
Amendment 300 #
2020/2034(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Points out that the Union is the global standard setter as regards personal data protection; highlights that the transfer and use of personal and non-personal data in the financial services sector should meet all relevant standardadhere to these principles while allowing for the flow of data needed to scale up innovative finance initiatives;
Amendment 321 #
2020/2034(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that customer data or “big data” is being increasingly used by financial institutions; recalls the provisions of Article 71 of the GDPR and calls on all stakeholders to increase efforts to guarantee the enforcement of the rights therein; believes that GDPR requirements should be stricter for non-EU financial institutions and intermediaries buying, selling, compiling and analysing big data;
Amendment 326 #
2020/2034(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Believes that both the lack of accessible data and information regarding FinTech activities as well as overburdening enterprises, supervisors and regulators with elaborate reporting requirements, like we have seen following the implementation of MiFID II, can be a detriment to growth; advocates for increased transparency and enhancedquitable reporting of FinTech activity so as to reduce asymmetries and risk, risks and compliance costs;
Amendment 166 #
2020/0267(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) A DLT MTF should be a multilateral trading facility that is operated by an investment firm, an issuer of crypto- assets, or a market operator that operate the business or a regulated market and maybe the regulated market itself, authorised under Directive 2014/65/EU (Markets in Financial Instruments Directive, MiFID II), and that has received a specific permission under this Regulation. Such a DLT MTF should be subject to all the requirements applicable to a multilateral trading facility under the framework of Directive 2014/65/EU (Markets in Financial Instruments Directive, MiFID II), Regulation EU No 600/2014 of the European Parliament and of the Council (the Markets in Financial Instruments Regulation, MiFIR)41 , or any other EU financial services legislation, except if it has been granted one or several exemptions by its national competent authority, in accordance with this Regulation and Directive (EU) .../... of the European Parliament and of the Council42 . _________________ 41Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84) 42Proposal for a Directive of the European Parliament and of the Council amending Directives 2006/43/EC, 2009/65/EC, 2009/138/EU, 2011/61/EU, EU/2013/36, 2014/65/EU, (EU) 2015/2366 and EU/2016/2341 - COM(2020)596
Amendment 286 #
2020/0267(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. An investment firm, issuer of crypto-assets, or market operator operating a DLT MTF shall not admit to trading sovereign bonds under this Regulation. A CSD operating a DLT securities settlement system, or an investment firm or market operator that is permitted to record DLT transferable securities on a DLT MTF, in accordance with paragraphs 2 and 3 of Article 4, shall not record sovereign bonds under this Regulation.
Amendment 288 #
2020/0267(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The total market value of DLT transferable securities recorded in a CSD operating a DLT securities settlement system shall not exceed EUR 2.5 billion. Where a DLT MTF records the DLT transferable securities instead of a CSD, in accordance with paragraphs 2 and 3 of Article 4, the total market value of the DLT transferable securities recorded by the investment firm, issuer of crypto-assets, or market operator operating the DLT MTF shall not exceed EUR 2.5 billion.
Amendment 295 #
2020/0267(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) determined daily, either by the CSD or the investment firm, issuer of crypto- assets, or market operator concerned; and
Amendment 161 #
2020/0266(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Legislative disparities and unevack of coordination and of interoperability between national regulatory or supervisory approaches on ICT risk trigger obstacles to the single market in financial servicross-border cyber resiliences, impeding the smooth exercise of the freedom of establishment and the provision of services for financial entities with cross- border presence. Competition between the same type of financial entities operating in different Member States may equally be distorted. Notably for areas where Union harmonisation has been very limited - such as the digital operational resilience testing - or absent - such as the monitoring of ICT third-party risk - disparities stemming from envisaged developments at national level could generate further obstacles to the functioning of the single market to the detriment of market participants and financial stability.
Amendment 166 #
2020/0266(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 175 #
2020/0266(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) Where financial entities are required to report ICT-related incidents under this Regulation or under other Union or national law, the competent authorities should ensure that the reporting process is streamlined and done in a manner which utilises the model of a ‘one-stop shop’ authority in order to facilitate efficient reporting. Furthermore, given the regulatory framework under the Single Rulebook and cybersecurity legislation, national legislators and competent authorities at both Union and national level should ensure that the principle of proportionality is strictly followed in order to prevent an excessive burden on market participants.
Amendment 176 #
2020/0266(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) ICT-related incident reporting thresholds and taxonomies vary significantly at national level. While common ground may be achieved through relevant work undertaken by tThe European Union Agency for Cybersecurity (ENISA)33 and the NIS Cooperation Group for the financial entities under Directive (EU) 2016/1148, divergent approaches on thresholds and taxonomies still exist or can emerge for the remainder of financial entities. This entails multiple requirements that financial entities must abide to, especially when operating across several Union jurisdictions and when part of a financial group. Moreover, these divergences may hinder the creation of further Union uniform or centralisedprovide the necessary coordination between national practices. ENISA and the NIS Cooperation group should improve cross-border mechanisms speeding up the reporting process and supporting a quick and smooth exchange of information between competent authorities, which is crucial for addressing ICT risks in case of large scale attacks with potentially systemic consequences. _________________ 33ENISA Reference Incident Classification Taxonomy, https://www.enisa.europa.eu/publications/r eference-incident-classification-taxonomy.
Amendment 179 #
2020/0266(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To enable competent authorities to fulfil their supervisory roles by obtaining a complete overview of the nature, frequency, significance and impact of ICT- related incidents and to enhance the exchange of information between relevant public authorities, including law enforcement authorities and resolution authorities, it is necessary to lay down rules in order to complete the ICT-related incident reporting regime with the requirements that are currently missing in financial subsector legislation and remove any existing overlaps and duplications to alleviate costs. It is therefore essential to harmonisstreamline the ICT-related incident reporting regime by requiring all financial entities to report to their competent authorities only. In addition, the ESAs should be empowered to further specify ICT-related incident reporting elements such as taxonomy, timeframes, data sets, templates and applicable thresholds, after consultation of the national supervisory authorities.
Amendment 180 #
2020/0266(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Digital operational resilience testing requirements have developed in some financial subsectors within several and unsometimes under-coordinated, national frameworks addressing the same issues in a different way. This leads to duplication of costs for cross-border financial entities and makes difficultcould hamper the mutual recognition of results. Uncoordinated testing can therefore segment the single market.
Amendment 181 #
2020/0266(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In addition, where no testing is required, vulnerabilities remain undetected putting the financial entity and ultimately the financial sector’s stability and integrity at higher risk. Without Union intervention, digital operational resilience testing would continue to be patchy and there would be no mutual recognition of testing results across different jurisdictions. Also, as it is unlikely that other financial subsectors would adopt such schemes on a meaningful scale, they would miss out on the potential benefits, such as revealing vulnerabilities and risks, testing defence capabilities and business continuity, and increased trust of customers, suppliers and business partners. To remedy such overlaps, divergences and gaps, it is necessaryTo remedy such overlaps, divergences and gaps, it could be useful to lay down rules aiming at coordinated testing by financial entities and competent authorities, thus facilitating the mutual recognition of advanced testing for significant financial entities.
Amendment 199 #
2020/0266(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Further reflection on the possible centralisation of ICT-related incident reports should be envisaged, by means of a single central EU Hub either directly receiving the relevant reports and automatically notifying national competent authorities, or merely centralising reports forwarded by the national competent authorities and fulfilling a coordination role. The ESAs should be required to prepare, in consultation with ECB and, ENISA and national supervisory authorities, by a certain date a joint report exploring the feasibility of setting up such a central EU Hub.
Amendment 203 #
2020/0266(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The conduct of such monitoring should follow a strategic approach to ICT third-party risk formalised through the adoption by the financial entity’s management body of a dedicated strategy, rooted in a continuous screening of all such ICT third-party dependencies. To enhance supervisory awareness over ICT third-party dependencies, and with a view to further support the Oversight Framework established by this Regulation, financial supervisors should regularly receive essential information from the Registers and should be able to request extracts thereof on an ad-hoc basis. The frequency of such interactions should be proportionate to the risk assessment of the entities, their size, and the reliability and security of the information sharing systems.
Amendment 207 #
2020/0266(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) To address the systemic impact of ICT third-party concentration risk, a balanced solution through a flexible and gradual approach should be promoted since rigid caps or strict limitations may hinder business conduct and contractual freedom. Financial entities should thoroughly assess contractual arrangements to identify the likelihood for such risk to emerge, including by means of in-depth analyses of sub-outsourcing arrangements, notably when concluded with ICT third-party service providers established in a third country. This Regulation should forbid outsourcing arrangements with third country ICT third-party service providers if those third parties have, or are suspected of having, ties to foreign governments or to foreign militaries. At this stage, and with a view to strike a fair balance between the imperative of preserving contractual freedom and that of guaranteeing financial stability, it is not considered appropriate to provide for strict caps and limits to ICT third-party exposures. The ESA designated to conduct the oversight for each critical ICT third- party provider (“the Lead Overseer”) should in the exercise of oversight tasks pay particular attention to fully grasp the magnitude of interdependences and discover specific instances where a high degree of concentration of critical ICT third-party service providers in the Union is likely to put a strain on the Union financial system’s stability and integrity and should provide instead for a dialogue with critical ICT third-party service providers where that risk is identified.38 _________________ 38In addition, should the risk of abuse by an ICT third-party service provider considered dominant arise, financial entities should also have the possibility to bring either a formal or an informal complaint with the European Commission or with the national competition law authorities.
Amendment 232 #
2020/0266(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) Competent authorities should possess all necessary supervisory, investigative and sanctioning powers to ensure the application of this Regulation. Administrative penalties should, in principle, be published. Since financial entities and ICT third-party service providers can be established in different Member States and supervised by different sectoral competent authorities, close cooperation between the relevant national competent authorities, includingand the ECB with regard to specific tasks conferred on it by Council Regulation (EU) No 1024/201339 , and consultation with the ESAs should be ensured by the mutual exchange of information and provision of assistance in the context of supervisory activities. _________________ 39 Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).
Amendment 234 #
2020/0266(COD)
Proposal for a regulation
Recital 69 – point 1
Recital 69 – point 1
Technical standards should ensure the consistent harmonisation of the requirements laid down in this Regulation without hindering innovation and equal treatment of different types of technology. As bodies with highly specialised expertise, the ESAs should be mandated to develop draft regulatory technical standards which do not involve policy choices, for submission to the Commission. Regulatory technical standards should be developed in the areas of ICT risk management, reporting, testing and key requirements for a sound monitoring of ICT third-party risk.
Amendment 245 #
2020/0266(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) crypto-asset service providers, issuers and offerors of crypto-assets, issuers of asset- referenced tokens and issuers of significant asset-referenced tokens,
Amendment 258 #
2020/0266(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) institutions for occupational retirement pensions, unless they are micro, small or medium-sized enterprises,
Amendment 266 #
2020/0266(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(u a) central banks, including the ECB.
Amendment 269 #
2020/0266(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. For the purposes of this Regulation, entities referred to in paragraph (a) to (t) and central banks, including the ECB, shall collectively be referred to as ‘financial entities’.
Amendment 323 #
2020/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44 a) ‘offeror of crypto-assets’ means offeror of ‘crypto-assets’ as defined in point [(h) of Article 3 (1)] of [OJ: insert reference to MICA Regulation];
Amendment 324 #
2020/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 45 a (new)
Article 3 – paragraph 1 – point 45 a (new)
(45 a) ‘offeror of asset-referenced tokens’ means an offeror of asset- referenced payment tokens as defined in point [(i) of Article 3 (1]) of [OJ: insert reference to MICA Regulation];
Amendment 325 #
2020/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 46 a (new)
Article 3 – paragraph 1 – point 46 a (new)
(46 a) ‘offeror of significant asset- referenced tokens’ means an offeror of significant asset-referenced payment tokens as defined in point ([j) of Article 3 (1)] of [OJ: insert reference to MICA Regulation];
Amendment 326 #
2020/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 50
Article 3 – paragraph 1 – point 50
(50) ‘'micro, small and medium-sized enterprise’ means a financial entity as defined in Article 2(3) of the Annex to Recommendation 2003/361/EC.
Amendment 365 #
2020/0266(COD)
Proposal for a regulation
Article 5 – paragraph 9 – point g
Article 5 – paragraph 9 – point g
(g) assessing the need for a multi- vendor strategy and, if applicable, and depending on the risk profile of the financial institution, defining a holistic ICT multi- vendor strategy at entitygroup level showing key dependencies on ICT third- party service providers and explaining the rationale behind the procurement mix of third-party and intra-group service providers. Upon the request of the competent authorities, the multi-vendor strategy may be defined at entity level. A multi-vendor strategy shall be defined at entity level for ICT third-party service providers from third countries.
Amendment 394 #
2020/0266(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. To achieve the objectives referred to in paragraph 2, financial entities shall use state-of-the-art ICT technology and processes that are proportionate to the risks identified and the size and client base of the relevant financial entity, which:
Amendment 476 #
2020/0266(COD)
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. The ESAs shall, through the Joint Committee of the ESAs (the ‘Joint Committee’) and after consultation with the European Central Bank (ECB) and, ENISA and national supervisory authorities, develop common draft regulatory technical standards further specifying the following:
Amendment 506 #
2020/0266(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) an initial notification, without delay, but no latin case of a major ICT-related incident, a notification from critical ICT third-party providers thano the end of the business day, or, in casecompetent authority of athe major ICT- related incident that took place later than 2 hours before the end of the business day,, without undue delay and not later than 472 hours from the beginning of the next business day, or, where reporting channels are not available, as soon as they become availableafter becoming aware of it;
Amendment 526 #
2020/0266(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. The ESAs, through the Joint Committee and after consultation with ENISA and the ECB and national supervisory authorities, shall develop:
Amendment 535 #
2020/0266(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The ESAs, through the Joint Committee and in consultation with ECB and, ENISA and national supervisory authorities, shall prepare a joint report assessing the feasibility of further centralisation of incident reporting through the establishment of a single EU Hub for major ICT-related incident reporting by financial entities. The report shall explore ways to facilitate the flow of ICT-related incident reporting, reduce associated costs and underpin thematic analyses with a view to enhancing supervisory convergence.
Amendment 550 #
2020/0266(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The digital operational resilience testing programme shall include a range of assessments, tests, methodologies, practices and tools to be applied in accordance with the provisions of Articles 22 and 23. Where Union legislation requires financial entities to carry out any digital operational or resilience testing and monitoring, the financial entities may pool such programmes and activities, provided they meet the requirements of any applicable legislation.
Amendment 560 #
2020/0266(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Where ICT third-party service providers are included in the remit of the threat led penetration testing, the financial entity shall take the necessary measures to ensure the participation of these providers. Participation means that ICT third-party service providers shall conduct separate TLPT or join with the financial entity in the financial entity's TLPT. Those ICT third-party service providers shall not be required to communicate information or provide any details in relation to items which are not relevant to the risk management controls of the relevant critical or important services of the relevant financial entities.
Amendment 571 #
2020/0266(COD)
Proposal for a regulation
Article 23 – paragraph 4 – introductory part
Article 23 – paragraph 4 – introductory part
4. EBA, ESMA and EIOPAThe ESAs shall, after consulting the ECB, ENISA and the national supervisory authorities, and taking into account relevant frameworks in the Union which apply to intelligence-based penetration tests, develop draft regulatory technical standards to specify further:
Amendment 603 #
2020/0266(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 8 – point d a (new)
Article 25 – paragraph 1 – point 8 – point d a (new)
(d a) ICT third-party service provider becomes or is suspected of becoming at least partially owned or controlled by foreign governments or foreign militaries;
Amendment 610 #
2020/0266(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 11 a (new)
Article 25 – paragraph 1 – point 11 a (new)
Amendment 676 #
2020/0266(COD)
Proposal for a regulation
Article 28 – paragraph 9 a (new)
Article 28 – paragraph 9 a (new)
9 a. Financial entities shall not make use of an ICT third-party established in a third country if that third party has, or is suspected of having, ties with foreign governments or foreign militaries.
Amendment 699 #
2020/0266(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point d – point iv a (new)
Article 31 – paragraph 1 – point d – point iv a (new)
(iv a) refraining from entering into a further subcontracting arrangement, when the envisaged sub-contractor is an ICT third-party service provider or an ICT sub-contractor established in a third country, if this third-party has or is suspected of having ties to foreign governments or foreign militaries;
Amendment 59 #
2020/0006(COD)
Proposal for a regulation
–
–
The Committee on Economic and Monetary Affairs calls on the Committee on Regional Development, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 73 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and, challenges but also damages for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
Amendment 83 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptable for all. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. The Union budget has an important role in that regard, bearing in mind that the Union budget comes from European taxpayers.
Amendment 88 #
2020/0006(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) As set out in the European Green Deal and the Sustainable Europe Investment Plan, a Just Transition Mechanism should complement the other actions under the next multi-annual financial framework for the period from 2021 to 2027. It should contribute to addressing the social and economic consequences of transitioning towards Union climate neutrality by bringing together the Union budget’s spending on climate and social objectives at regional level. The Green Deal shall not result in disproportionate additional financial burden on European industry and SMEs.
Amendment 97 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and workers concerned. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financing the diversification and modernisation of the local economy and by mitigating the negative repercussions on employment due to the Green Deal. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 134 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes – such as biomethanisation – or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 148 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment in SMEs, for instance in the field of anaerobic digestion complying with the ILUC Directive. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate-neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. __________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 205 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The JTF shall support the Investment for jobs and growth goal in all Member States, including less developed regions in rich countries, such as Eastern Germany.
Amendment 266 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction, energy efficiency and renewable energyaccording to the economic needs of the Member States;
Amendment 287 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g
Article 4 – paragraph 2 – subparagraph 1 – point g
(g) investments in enhancing the circular economy, including through waste prevention, reduction, resource efficiency, reuse, repair and recyclingwaste use in energy production (such as for instance pyrogasification), resource efficiency, reuse, repair and recycling, and agroecology practices including through anaerobic digestion;
Amendment 326 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 338 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 344 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of fossil fuels; these exclusions do not concern investment dedicated to biomethane;
Amendment 350 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 24 #
2019/0161(COD)
Draft legislative resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Rejects the Commission proposal (COM(2019)0354).
Amendment 28 #
2019/0161(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The coordination of the economic policies of the Member States is a matter of common concern, due to the mismatch between the introduction of the euro as a common currency and the economic realities in the different Member States. The Member States whose currency is the euro have a particular interest in and a responsibility to conduct sound economic policies that promote the proper funcavoid costly disintegrationing of the Economic and Monetary Union and to avoid policies that jeopardise it in the context of broad guidelines formulated by the Councilthe interests of other Member States whose currency is the euro.
Amendment 38 #
2019/0161(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order to ensure the proper functioning of the Economic and Monetary Union, Member States whose currency is the euro should take measures to enhance the resilience of their economies through targeted structural reforms and investment. The Euro Summit of December 2018 mandated the Eurogroup to work on the design, modalities of implementation and timing of a budgetary instrument for competitiveness and convergence for the euro area. To ensure that Member States carry out structural reforms and investment in a consistent, coherent and well- coordinated manner, it is necessary to establish a governancesupervisory framework to enable the Council to provide strategic orientations on reform and investment priorities to be undertaken within the euro area by the Member States. Such a framework would enhance convergence and competitiveness ofin the euro area. The Council should also provide country- specific guidance on individual reforms and investment objectives of the Member States whose currency is the euro, which can be supported by the budgetary instrument for convergence and competitiveness. The Council should provide solutions to potential rent-seeking problems such as hold-out effects, in which Member States will block reforms until their demands from the budgetary instrument are met. Since such a framework is specific to the Member States whose currency is the euro, only members of the Council representing those Member States should take part in votes under this Regulation.
Amendment 54 #
2019/0161(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) On an annual basis, the Council should set out strategic orientations on the reform and investment priorities for the euro area, as part of the recommendation on the economic policy of the euro area. The strategic orientations should be adopted by the Council acting by qualified majorunanimity on a recommendation from the Commission, and after the Eurogroup has discussed the reforms and investment priorities that it considers relevant and appropriate for inclusion therein. The annual Euro Summit will play its role.
Amendment 66 #
2019/0161(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure that strategic orientations reflect the evolving experience of the implementation of the budgetary instrument for convergence and competitiveness, the Commission should, alongside its recommendation on the strategic orientations, as part of its recommendation on the economic policy of the euro area, inform the Council and the European Parliament of how the strategic orientations have been followed during the preceding years.
Amendment 79 #
2019/0161(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Council Recommendation providing country-specific guidance on the objectives of reforms and investment in Member States whose currency is the euro, adopted by qualified majorunanimity, should be based on a Commission recommendation. This process should be without prejudice to the voluntary nature of participation of Member States whose currency is the euro in the budgetary instrument for convergence and competitiveness, and without prejudice to the Commission’s prerogatives as regards its implementation.
Amendment 87 #
2019/0161(COD)
(9) On the basis of an assessment by the Commission or based on request by a Member State, the Council, shall establish which Member States are experiencing a severe economic downturn for the purpose of a modulation of national co-financing rates provided for in Regulation (EU) XXXX/XX [Reform Support Programme Regulation], and without prejudice to the application of Article 2(2) of Council Regulation (EC) 1467/97 as amended.
Amendment 94 #
2019/0161(COD)
(10) In order to enhance the dialogue between the Union institutions, in particular between the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability in that economic dialogue, the competent committee of the European Parliament can invite the President of the Council, the Commission and, where appropriate, the President of the Eurogroup to appear before the committee to discuss the measures taken pursuant to this Regulation. The competent committee may draw up a report assessing the effectiveness, efficiency, consistency and relevance of the measures taken.
Amendment 143 #
2019/0161(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In parallel to its recommendation referred to in paragraph 1, the Commission shall inform the Council and the European Parliament on how the strategic orientations of the preceding years have been followed by the Member States.
Amendment 160 #
2019/0161(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Where relevant, based on an assessment by the Commission or based on request by a Member State, the recommendation referred to in paragraph 1 of Article 5 shall establish whether a Member State is experiencing a severe economic downturn, for the purposes of a modulation of national co-financing rates provided for in Regulation (EU) XXXX/XX [Reform Support Programme Regulation].
Amendment 171 #
2019/0161(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the President of the Council, the Commission and, where appropriate, the President of the Eurogroup to appear before the committee to discuss the measures taken pursuant to this Regulation. The competent committee may draw up a report assessing the effectiveness, efficiency, consistency and relevance of the measures taken.
Amendment 173 #
2019/0161(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By 31 December 20232 and every fourtwo years thereafter, the Commission shall publish a report on the application of this Regulation. That report shall assess the proportionality and the effectiveness of this Regulation.
Amendment 177 #
2019/0161(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall send the report to the European Parliament and to the Council.Council and to the European Parliament, where it shall answer to the scrutiny of the Regulation by the competent committee of the European Parliament ;
Amendment 109 #
2012/0060(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Within the context of the WTO and through its bilateral relations, the Union advocates an ambitious opening of international public procurement markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit. It is important to strengthen the concept of consistent economic activity, which has already been identified and legitimised by the WTO as a criterion for selecting companies eligible for public tender. This concept may and should be supplemented by criteria relating to the date of establishment, place of recruitment, percentage of local turnover and contribution to local and national society, in particular through taxes and contributions paid; It is also crucial to develop an indicator based on the national, territorial and environmental responsibility of the company, or to outline a new and more relevant method of assessment than an indicator based on social and environmental responsibility;
Amendment 113 #
2012/0060(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) To achieve greater strategic autonomy, when third countries are neither Party to the WTO Agreement on Public Procurement nor part of a bilateral agreement with the European Union in this area of competence, the European Union may prevent companies from those countries from submitting tenders for any EU public procurement contract.
Amendment 116 #
2012/0060(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) If the country concerned is a Party to the WTO Agreement on Government Procurement or has concluded a trade agreement with the EU that includes provisions on public procurement, the Commission should follow the consultation mechanisms and/or dispute settlement procedures set out in that agreement when the restrictive practices relate to procurement covered by market access commitments undertaken by the country concerned towards the Union, and calls on the Commission to assist European companies in advising on legal issues in the target country so public projects led there can be flexibly adapted to local regulations.
Amendment 119 #
2012/0060(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities; considers that, by introducing ever-tighter regulations, in particular in environmental legislation, the EU continuously hampers the competitiveness of European companies on the global market.
Amendment 131 #
2012/0060(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In the interest of legal certainty for Union and third-country economic operators, contracting authorities and contracting entities, the international market access commitments undertaken by the Union towards third countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thereby ensuring effective application thereof. In accordance with the principle of reciprocity in international matters, when third countries deny access to our companies, their companies should be denied access to our European public procurement market.
Amendment 132 #
2012/0060(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In cases where foreign operations are deemed to be aggressive, or at the request of a Member State where the case in question affects a national strategic sector, a review clause based on the legitimacy of EU citizens and the Member States should be provided by the European Parliament to enable it, when a two-thirds majority is in favour of such a move, to urgently introduce a clause.
Amendment 133 #
2012/0060(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Given that, under EU law, the EU’s international commitments place actors from third countries which are signatories on an equal footing, the European Parliament should be able to call on the Council to decide by a two- thirds majority to suspend or limit the award of public procurement contracts to countries that disregard the principle of reciprocity. The European Commission may call for coercive measures and, at the same time, offer an effective monitoring and surveillance tool.
Amendment 134 #
2012/0060(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) It is important to step up the EU’s objectives, stop being naive and be more realistic. It is also vital to steer away from free trade towards ‘proper’ trade, which will, by means of clear priorities and sustained reasoning, reduce unfair competition . Major economic powers waging a war on EU companies competing with their own, including through the application of their extraterritorial law, must be kept away from our single market. The objectives of improving the access of Union economic operators to the public procurement and concessions markets of certain third countries protected by restrictive and discriminatory procurement measures or practices and of preserving equal conditions of competition within the internal market require to refer to the non- preferential rules of origin established in the EU customs legislation, so that contracting authorities and contracting entities know whether goods and services are covered by the international commitments of the Union.
Amendment 135 #
2012/0060(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The objectives of improving the access of Union economic operators to the public procurement and concessions markets of certain third countries protected by restrictive and discriminatory procurement measures or practices and of preserving equal conditions of competition within the internal market require to refer to the non-preferential rules of origin established in the EU customs legislation, so that contracting authorities and contracting entities know whether goods and services are covered by the international commitments of the Union; calls, in cases where a company from a third country is awarded a public tender, for the cooperation model to be used, requiring 50% of the capital to go towards services, personnel and materials in the EU, thereby also supporting European companies.
Amendment 149 #
2012/0060(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In the light of the overall policy objective of the Union to support small and medium-sized enterprises, this Regulation should also not apply to tenders submitted by SMEs established in the Union and in engaged in substantive business operations entailing a direct and effective link with the economy of at least one Member State. National public authorities have the right to include criteria that give preference to independent businesses run by craftsmen or small traders, or family-run SMEs or ETIs in their calls for tender.
Amendment 152 #
2012/0060(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) It is important to encourage each Member State to take measures restricting access to its markets that are not covered. In this regard, they should be called upon to develop a legitimate criterion for public tenders to better defend the integrity of a local area and local commercial networks. The local supply should determine whether and to what extent access to a market may be opened or restricted. Companies from third countries that do not meet the same level of social and environmental standards should not be granted access to the internal market of the European Union or its Member States.
Amendment 155 #
2012/0060(COD)
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) National public authorities have the right, in their calls for tender, to include criteria that give preference to companies that prioritise quality over quantity by applying, for example, the highest health, gastronomic, local and social standards.
Amendment 164 #
2012/0060(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In view of theis fact that the access of th, theird country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member Statacting authorities and their contracting authorentities cand contracting entities should not be able to, in the spirit of this Regulation, restrict the access of third country goods or services to their tendering procedures by any other measure than those provided for in this Regulationto ensure that foreign economic operators comply with environmental, social and labour law or any applicable national law.
Amendment 166 #
2012/0060(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Commission should ensure that a general monitoring tool is set up to look out for unusually low prices in responses to tenders and, where necessary, a one-off or general exclusion tool at the request of the contracting entities. These instruments could be seen as tools for EU economic diplomacy services. The Commission should be able, on its own initiative or at the application of interested parties or a Member State, to initiate at any time an investigation into restrictive procurement measures or practices allegedly adopted or maintained by a third country. Such investigative procedures should be without prejudice to Regulation (EU) No 654/2014 of the European Parliament and of the Council.
Amendment 179 #
2012/0060(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) If the existence of a restrictive and/or discriminatory procurement measure or practice in a third country is confirmed, the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for Union economic operators, goods and services in respect of public procurement in that country. To encourage the country concerned to engage promptly and actively in this dialogue, the Commission should decide, when the consultation procedure starts, to introduce some measures set out in this Regulation on a temporary basis, namely exclusion from participation in tendering procedures in EU public procurement markets or from price adjustment measures. The measures would apply to tenders from economic operators originating in that country and/or which deal with goods and services originating in that country.
Amendment 192 #
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 adjustment measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that country and prolong the measures introduced at the start of the consultation procedure and, where necessary, to adopt additional measures contained in this Regulation.
Amendment 204 #
2012/0060(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 219 #
2012/0060(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Member States are best placed to identify the contracting authorities or contracting entities, or categories of contracting authorities or contracting entities, which should apply the price adjustment measure. To ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved, the Commission should take the final decision, based on a list submitted by each Member State. Where necessary, the Commission may establish a list on its own initiativcan and should offer a monitoring and surveillance tool based on the proposals submitted by each Member State.
Amendment 224 #
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 and, at the same time, remain aware of the need to protect the long-term economic and social interests of the Member States and European people and consumers. Therefore contracting authorities and contracting entities should be able not to apply price adjustment 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 fields of health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.
Amendment 245 #
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 adjustment 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, and measures to exclude access to EU public procurement markets, on the basis of the origin of the economic operators, goods or services concerned. .
Amendment 362 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The assessment by the Commission of whether the alleged restrictive and/or discriminatory procurement measures or practices have been adopted or are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and Member States, of facts collected by the Commission during its investigation, or both. The assessment shall be concluded within a period of eightsix months after the initiation of the investigation. In duly justified cases, this period may be extended by fourthree months.
Amendment 384 #
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 or extend the exclusion of companies from the country concerned that are participating in tendering procedures for the award of EU public procurement contracts or to impose a price adjustment measure, pursuant to Article 8. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 14(2).
Amendment 389 #
2012/0060(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 394 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where it emerges, in the course of an investigation under Article 6 and after following the procedure set out in Article 7, that restrictive public procurement measures adopted or maintained by that third country lead to a substantial lack of reciprocity regarding market access between the Union and that third country, the Commission may adopt implementing acts in order to extend the exclusion of companies from the country concerned that are participating in tendering procedures for the award of EU public procurement contracts and/or adopt price adjustment measures. Tenders more than 50 % of the total value of which is made of goods and/or services originating in a third country, may be subject to a price adjustment measure where the third country concerned adopts or maintains restrictive and/or discriminatory procurement measures or practices.
Amendment 401 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 407 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The price adjustment measure shall specify the penalty of up to 225-40% to be calculated on the price of the tenders concerned, taking into account any State aid or other subsidies granted to the economic operator. It shall also specify any restrictions to the scope of application of the measure, such as those related to: (a) public procurement of specific categories of contracting authorities or contracting entities; (b) public procurement of specific categories of goods or services or tenders submitted by specific categories of economic operators; (c) public procurement contracts above or withinbelow certain thresholds; (d) tenders submitted for specific categories of concessions; (e) the territories of certain subcentral levels of government.
Amendment 461 #
2012/0060(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Where a price adjustment measure is applied, contracting authorities and contracting entities shall require tenderers to provide information on the origin of the goods and/or services contained in the tender, and on the value of the goods and services originating in the third country concerned as a percentage of the total value of the tender. They shall accept self- declarations from tenderers. Should the European Union open 60% of its public procurement market to a third country, it may impose legal measures to close the remaining 40% of its market to companies from that country without interfering with international rules.
Amendment 463 #
2012/0060(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
Blackmailing with the threat of technology transfer in strategic national sectors to enable third countries to gain access to the market should be banned outright.
Amendment 464 #
2012/0060(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 b (new)
Article 11 – paragraph 4 – subparagraph 1 b (new)
Access to public procurement shall be blocked when a sector is under strain, when necessary for the creation of local jobs in the EU or at the request of a Member State for itself.