Activities of Bartosz ARŁUKOWICZ
Plenary speeches (2)
The devastating floods in Central and Eastern Europe, the loss of lives and the EU’s preparedness to act on such disasters exacerbated by climate change (debate)
World Mental Health Day - need for a comprehensive EU strategy on mental health (debate)
Institutional motions (2)
MOTION FOR A RESOLUTION on the devastating floods in central and eastern Europe, the loss of lives and the EU’s preparedness to act on such disasters exacerbated by climate change
JOINT MOTION FOR A RESOLUTION on the devastating floods in central and eastern Europe, the loss of lives and the EU’s preparedness to act on such disasters exacerbated by climate change
Written questions (2)
Shortages of critical medicines in Europe
Fund for the protection and development of the frontier regions of countries bordering Ukraine, Belarus and Russia
Amendments (553)
Amendment 188 #
2022/0216(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) As a matter of principle, programmes promoting the donation of SoHOs should be founded on the principle of voluntary and unpaid donation, altruism of the donor and solidarity between donor and recipient. VAll donations, including voluntary and, unpaid SoHO donation is also a factor which can contribute to, must meet high safety standards for SoHOs and therefore to the protection of human health. It is also recognised, including by the Council of Europe Committee on Bioethics24, that while financial gain should be avoided, it may also be necessary to ensure that donors are not financially disadvantaged by their donation. Thus, compensation to remove any such risk is acceptable but should never constitute an incentive that would cause a donor to be dishonest when giving their medical or behavioural history or to donate more frequently than is allowed, posing risks to their own health and to that of prospective recipients. Such compensation should, therefore, be set by national authorities, at a level appropriate in their Member State to reach such objectives. _________________ 24 Council of Europe Committee on Bioethics (DH-BIO). Guide for the implementation of the principle of prohibition of financial gain with respect to the human body and its parts from living or deceased donors (March 2018). Available at https://rm.coe.int/guide-financial- gain/16807bfc9a.
Amendment 252 #
2022/0216(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) It is necessary to promote information and awareness campaigns at national and Union level on the importance of SoHOs. The aim of these campaigns should be to help European citizens to decide whether to become donors during their lifetime and let their families or legal representatives know their wishes regarding donation after death. As there is a need to ensure the availability of SoHOs for medical treatments, Member States should promote the donation of SoHOs, including plasma, of high quality and safety, thereby also increasing self- sufficiency in the Union. Member States are also urged to take steps to encourage aencourage effective, sufficient and safe provision of SoHO services, including strong public and non- profit sector involvement in the provision of SoHO services, in particular for critical SoHOs and the related research and development.
Amendment 611 #
2022/0216(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point j
Article 53 – paragraph 1 – point j
(j) verify, by means of a registry, that donors are not donating more frequently than indicated as safe in technical guidelines as referred to in Article 56 and demonstrate that their health is not compromy meet medical conditions if required in specific donation types on the basis of the latest available scientific evidence and medical expertised;
Amendment 618 #
2022/0216(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point k
Article 53 – paragraph 1 – point k
(k) develop and implement a plan for monitoring the donor’s health after the donation in cases where the SoHO donations imply a significant risk to a donor as referred tospecified in paragraph 3;
Amendment 637 #
2022/0216(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Member States may allow for the compensation or reimbursement from the SoHO entities to donors for losses related to their partiany expenses and inconveniences associpation ined with their donations through among others fixed rate allowances. In such case, Member States shall establish the conditions for such allowances in national legislation, including the setting of an upper limit that ensures that allowances are financially neutral and consistent with the standards laid down in this Article. They may delegate the setting of conditions for such allowances to independent bodies that are established in accordance with national legislation.
Amendment 757 #
2022/0216(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. Member States shall make all reasonable efforts to promote public participation in SoHO donation activities, in particular for critical SoHOs, with a view to ensuring a resilient supply and responsive increases in donation rates when risks of shortage are detected. In so doing, they shall encourage the collection of SoHOs with a strong public and non- profit sector involvement.the involvement of all relevant stakeholders
Amendment 193 #
2022/0195(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on nature restoration and development (Text with EEA relevance)
Amendment 203 #
2022/0195(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to lay down rules at Union level on the restoration of ecosystems to ensure the recovery and development to biodiverse and resilient nature across the Union territory. Restoring ecosystems also contributes to the Union climate change mitigation and climate change adaptation objectives.
Amendment 208 #
2022/0195(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The European Green Deal43 has set out an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well- being of citizens from environment-related risks and impacts. The EU’s goals are to ensure food security in the face of climate change and biodiversity loss. As part of the European Green Deal, the Commission has adopted an EU Biodiversity Strategy for 203044 .source: https://commission.europa.eu/strategy- and-policy/priorities-2019- 2024/european-green-deal/agriculture- and-green-deal_en _________________ 43 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal, 11.12.2019 (COM (2019) 640 final). 44 Communication from the Commission to the European Parliament, the Council the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030, Bringing nature back into our lives, 20.5.2020, COM(2020) 380 final.
Amendment 219 #
2022/0195(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In its resolution of 9 June 202149 , the European Parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets, and furthermore considered that in addition to an overall restoration target, ecosystem-, habitat- and species-specific restoration targets should be included, covering forests, grasslands, wetlands, peatlands, pollinators, free- flowing rivers, coastal areas and marine ecosystems. Russia's unprovoked invasion of Ukraine has triggered energy and food supply challenges, exacerbating existing food systems vulnerabilities, already weakened under the effect of climate change and the COVID 19 pandemic. Therefore, all objectives must be reviewed in relation to these events, with a special role for the guarantee of food safety. (https://www.europarl.europa.eu/thinktan k/en/document/EPRS_BRI(2022)733667) _________________ 49 European Parliament resolution of 9 June 2021 on the EU Biodiversity Strategy for 2030: Bringing nature back into our lives (2020/2273(INI)).
Amendment 224 #
2022/0195(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In a two-way process, climate change is one of the main drivers of biodiversity loss, but destruction of ecosystems undermines nature’s ability to regulate greenhouse gas (GHG) emissions and protects against extreme weather, thus accelerating climate change and increasing vulnerability to it. This explains why the two crises must be tackled together with holistic policies that address both issues simultaneously and not in silos.
Amendment 228 #
2022/0195(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).
Amendment 230 #
2022/0195(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third4 % should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).
Amendment 237 #
2022/0195(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) At the COP 15 the nations supported the 23 targets for 2030 in the landmark biodiversity agreement and to ensure that areas under agriculture, aquaculture, fisheries and forestry are managed sustainably, in particular through the sustainable use of biodiversity, including through a substantial increase of the application of biodiversity friendly practices, such as sustainable intensification, agroecological and other innovative approaches contributing to the resilience and long- term efficiency and productivity of these production systems and to food security, conserving and restoring biodiversity and maintaining nature’s contributions to people, including ecosystem functions and services . https://ec.europa.eu/commission/presscor ner/detail/en/ip_22_7834 https://prod.drupal.www.infra.cbd.int/sites /default/files/2022-12/221219-CBD- PressRelease-COP15-Final_0.pdf
Amendment 242 #
2022/0195(COD)
(13) It is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation, the creation of high-quality jobs and sustainable growth. Biodiverse ecosystems such as wetland, freshwater, forest as well as agricultural, sparsely vegetated, marine, coastal and urban ecosystems deliver, if in good condition, a range of essential ecosystem services, and the benefits of restoring degraded ecosystems to good condition and the sustainable agricultural activity and forest management in all land and sea areas far outweigh the costs of restoration. Those services contribute to a broad range of socio-economic benefits, depending on the economic, social, cultural, regional and local characteristics.
Amendment 248 #
2022/0195(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Member States should cooperate bilaterally and within regional and sub- regional cooperation mechanisms to protect biodiverse ecosystems especially if the ecosystems extend beyond the borders (cross border management). When ecosystems extend the borders of a Member State, national restoration and development plans should be extended to common regional restoration or development plans.
Amendment 249 #
2022/0195(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The United Nations Statistical Commission adopted the System of Environmental Economic Accounting - Ecosystem Accounting (SEEA EA)54 at its 52nd session in March 2021. SEEA EA constitutes an integrated and comprehensive statistical framework for organising data about habitats and landscapes, measuring the extent, condition and services of ecosystems, tracking changes in ecosystem assets, and linking this information to economic and other human activity. A reference to food security should be considered and included. _________________ 54 https://seea.un.org/sites/seea.un.org/files/d ocuments/EA/seea_ea_white_cover_final.p df.
Amendment 257 #
2022/0195(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Living nature plays an important role in many climate-relevant processes (e.g. binding and release of CO2 and other greenhouse gases, water cycle, absorption of solar radiation). Changes in the biosphere therefore always have consequences for the climate system. At the same time climate change has both direct and indirect effects on nature, which should be taken into account to protect biodiversity. The geographical distribution of animal and plant species on Earth is determined to a large extent by climate. Changes in temperature and precipitation and in the frequency of extreme events have a direct influence on the annual rhythm, behaviour, reproduction, competitiveness and feeding relationships of species, competitive ability and feeding relationships of species. This can lead to major shifts in their distribution areas and in the species composition and structure of entire ecosystems. Indirect impacts on biodiversity arise from human responses to climate change, whether through adaptation of land use patterns, measures to protect populations from extreme events, or measures to reduce atmospheric greenhouse gas concentrations. The changes can be profound and affect large areas. Depending on how they are shaped, they can have positive and/or negative consequences for nature conservation.
Amendment 263 #
2022/0195(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Union climate policy is being revised in order to follow the pathway proposed in Regulation (EU) 2021/1119 to reduce net emissions by at least 55 % by 2030 compared to 1990. In particular, the proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 and (EU) 2018/199961 aims to strengthen the contribution of the land sector to the overall climate ambition for 2030 and aligns the objectives as regards accounting of emissions and removals from the land use, land use change and forestry (‘LULUCF’) sector with related policy initiatives on biodiversity. That proposal emphasises the need for the protection and enhancement of nature-based carbon removals, for the improvement of the resilience of ecosystems to climate change, for the restoration of degraded land and ecosystems, and for rewetting peatlands. It further aims to improve the monitoring and reporting of greenhouse gas emissions and removals ofrom land subject to protection and restoration. In this context, it is important that ecosystems in all land categories, including forests, grasslands, croplands and wetlands, are in good condition, which corresponds to the climatic regions, in order to be able to effectively capture and store carbon. _________________ 61 Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 as regards the scope, simplifying the compliance rules, setting out the targets of the Member States for 2030 and committing to the collective achievement of climate neutrality by 2035 in the land use, forestry and agriculture sector, and (EU) 2018/1999 as regards improvement in monitoring, reporting, tracking of progress and review (COM/2021/554 final).
Amendment 273 #
2022/0195(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In the final report of the Conference on the Future of Europe, citizens call on the Union to protect and restore biodiversity, the landscape and oceans, eliminate pollution and to foster knowledge, awareness, education, and dialogues on environment, climate change, energy use, and sustainability while at the same time ensuring food security.63 _________________ 63 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposal 2 (1, 4, 5) p. 44, Proposal 6 (6) p. 48.
Amendment 280 #
2022/0195(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Soils are an integral part of terrestrial ecosystems. The Commission’s 2021 Communication ‘EU Soil Strategy for 2030’64 outlines the need to restore degraded soils and enhance soil biodiversity. The interests of landowners and land managers should be adequately taken into account. _________________ 64 Communication from the Commission to the European Parliament, Council, the European Economic and Social Committee and the Committee of the Regions. EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate (COM/2021/699 final).
Amendment 287 #
2022/0195(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) A framework and guidance67 already exist to determine good condition of habitat types protected under Directive 92/43/EEC and to determine sufficient quality and quantity of the habitats of species falling within the scope of that Directive. Restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. However, such restoration will not be enough to reverse biodiversity loss and recover all ecosystems. Therefore, additional obligationproduction-integrated commitments should be established based on specific indicators in order to enhance biodiversity at the scale of wider ecosystems while at the same time guaranteeing food security. _________________ 67 DG Environment. 2017, “Reporting under Article 17 of the Habitats Directive: Explanatory notes and guidelines for the period 2013-2018” and DG Environment 2013, “Interpretation manual of European Union habitats Eur 28”.
Amendment 292 #
2022/0195(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000.
Amendment 293 #
2022/0195(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Voluntary and participatory approaches are preferable to regulatory measures in order to increase the acceptance of all actors in the implementation of the restoration and development objectives.
Amendment 300 #
2022/0195(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.
Amendment 301 #
2022/0195(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) If the favourable conservation status is not reached, a review should be carried out to determine why the favourable conservation status could not be achieved.
Amendment 303 #
2022/0195(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Similar requirements should be set for the habitats of species that fall within the scope of Directive 92/43/EEC and habitats of wild birds that fall within the scope of Directive 2009/147/EC, having special regard to the connectivity needed between both of those habitats in order for the species populations to thrive. Thereby intra-specific interactions that occur between individuals of the same species and inter-specific interactions that occur between two or more species need to be examined and taken into account.
Amendment 310 #
2022/0195(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure that the restoration and development measures are efficient and that their results can be measured over time, it is essential that the areas that are subject to such restoration and development measures, with a view to improving the condition of habitats that fall within the scope of Annex I to Directive 92/43/EEC, to re-establish those habitats and to improve their connectivity, show a continuous improvement until good condition is reached. To measure the efficiency of the restoration and development measures, EU-wide common standards should apply.
Amendment 312 #
2022/0195(COD)
(31a) Successful habitat restoration requires understanding species life cycles and interactions, and the food, water, nutrients, space, and shelter that is necessary to sustain species populations. In some areas, restoration may not succeed in re-establishing the full assemblage of native species or the full extent of the original ecosystem’s structure and function due to environmental conditions such as climate change. In these cases, new ecosystems and habitats need to be developed.
Amendment 323 #
2022/0195(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) It is important to ensure a gradual increase of the quality and quantity of the habitats of species that fall within the scope of Directive 92/43/EEC, as well as habitats of wild birds falling within the scope of Directive 2009/147/EC, taking into account product-integrated commitments across the territory of Member States and ultimately of the Union, until it is sufficient to ensure the long-term survival of those species.
Amendment 327 #
2022/0195(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) It is important that the areas covered by habitat types falling within the scope of this Regulation do not deteriorate as compared to the current situation, considering the current restoration needs and the necessity not to further increase the restoration needs in the future. It is, however, appropriate to consider the possibility of force majeure, which may result in the deterioration of areas covered by those habitat types, as well as unavoidable habitat transformations which are directly caused by climate change, or as a result of a plan or project of overriding public interest, for which no less damaging alternative solutions are available, to be determined on a case by case basis, or of a plan or project authorised in accordance with Article 6(4) of Directive 92/43/EEC and on measures which are introduced to guarantee food security. Member States should provide scientific evidence for these exceptions.
Amendment 346 #
2022/0195(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To support the restoration and non- deterioration of terrestrial, freshwater, coastal and marine habitats, Member States haveshould ensure, as far as possible, the continued, long-term and sustainable impact of the restoration and development measures, including, where appropriate, the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area- based conservation measures, and to promote private land conservation measures.
Amendment 347 #
2022/0195(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To support the restoration and non- deterioration of terrestrial, freshwater, coastal and marine habitats, Member States haveshould ensure, as far as possible, the continued, long-term and sustainable impact of the restoration measures, including, where appropriate, the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area-based conservation measures, and to promote private land conservation measures.
Amendment 355 #
2022/0195(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) With artificial light increasing, light pollution has become a pertinent issue. Its sources include building exterior and interior lighting, advertising, commercial properties, offices, factories, streetlights, and illuminated sporting venues. Light pollution is a driver of insect declines. Many insects are drawn to light, but artificial lights can create a fatal attraction. Declining insect populations negatively impact all species that rely on insects for food or pollination. Some predators exploit this attraction to their advantage, affecting food webs in unanticipated ways.
Amendment 357 #
2022/0195(COD)
Proposal for a regulation
Recital 43 b (new)
Recital 43 b (new)
(43b) The sealing off of surfaces in cities has significant effects on factors such as biodiversity, water retention and heat stress. Gardens should be given special attention in this respect as depaving gardens can have large effects on water retention and urban heat stress at local level.
Amendment 363 #
2022/0195(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) Urban green space designated in existing land-use plans of local authorities or through other local instruments of spatial function assignment shall be considered, especially those that are indicated for networking functions within the biotope network, for example urban green spaces that are enabling the exchange between flora and fauna. Where possible, data measurement tools for a more detailed individual assessment of green spaces, where green roofs, individual trees and private gardens, for example, can also be taken into account.
Amendment 370 #
2022/0195(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The EU Biodiversity Strategy for 2030 requires greater efforts to restore freshwater ecosystems and the natural functions of rivers. The restoration of freshwater ecosystems should include efforts to restore the natural longitudinal and lateral connectivity of rivers as well as their riparian areas and floodplains, including through the removal of barriers with a view to supporting the achievement of favourable conservation status for rivers, lakes and alluvial habitats and species living in those habitats protected by Directives 92/43/EEC and 2009/147/EC, and the achievement of one of the key objectives of the EU Biodiversity Strategy for 2030, namely, the restoration of at least 25 000 km of free-flowing rivers. When removing barriers, Member States should primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply or other uses, without restricting the use of hydroelectric power.
Amendment 376 #
2022/0195(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) Member States should ensure that Union environmental law is applied to the deployment of energy from renewable sources, the related transmission and distribution network elements as well as storage facilities based on the principle that the species protection refers to the entire population and not to the individual specimens.
Amendment 380 #
2022/0195(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In the Union, pollinators have dramatically declined in recent decades, with one in three bee species and butterfly species in decline, and one in ten such species on the verge of extinction. Pollinators are essential for the functioning of terrestrial ecosystems, human wellbeing and food security, by pollinating wild and cultivated plants. Almost EUR 5 000 000 000 of the EU’s annual agricultural output is directly attributed to insect pollinators70 . _________________ 70 Vysna, V., Maes, J., Petersen, J.E., La Notte, A., Vallecillo, S., Aizpurua, N., Ivits, E., Teller, A., Accounting for ecosystems and their services in the European Union (INCA). Final report from phase II of the INCA project aiming to develop a pilot for an integrated system of ecosystem accounts for the EU. Statistical report. Publications office of the European Union, Luxembourg, 2021.
Amendment 385 #
2022/0195(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 387 #
2022/0195(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products [for adoption on 22 June 2022, include title and number of the adopted act when available] aims to regulate one of the drivers of pollinator decline by prohibiting the use of pesticides in ecologically sensitive areas, many of which are covered by this Regulation, for example areas sustaining pollinator species which the European Red Lists76 classify as being threatened with extinction. Agricultural and forest ecosystems that are dedicated to the production of food, fodder and renewable raw materials are of specific socio-economic importance. Their production function should not be undermined. _________________ 76 European Redlist - Environment - European Commission (europa.eu)
Amendment 396 #
2022/0195(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Sustainable, resilient and biodiverse agricultural ecosystems are needed to provide safe, sustainable, nutritious and affordable food. Biodiversity-rich agricultural ecosystems also increase agriculture’s resilience to climate change and environmental risks, while ensuring food safety and security and creating new jobs in rural areas, in particular jobs linked to organic farming as well as rural tourism and recreation. Therefore, the Union needs to improve the biodiversity in its agricultural lands, through a variety of existing practices beneficial to or compatible with the biodiversity enhancement, including extensive agriculture. Extensive agriculture is vital for the maintenance of many species and habitats in biodiversity rich areas. There are many extensive agricultural practices which have multiple and significant benefits on the protection of biodiversity, ecosystem services and landscape features such as precision agriculture, new breeding techniques, organic farming, agro-ecology, agroforestry and low intensity permanent grassland.
Amendment 398 #
2022/0195(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Restoration measures need to be put in place to enhance the biodiversity of agricultural ecosystems across the Union, including in the areas not covered by habitat types that fall within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of agricultural ecosystems that would allow setting specific restoration targets for agricultural ecosystems, it is appropriate to set a generalthat fall within the scope of Directive 92/43/EEC. The obligation to improve biodiversity in agricultural ecosystems and measure the fulfilment of that obligation on theshould basise ofn existing indicators taking into account product- integrated commitments.
Amendment 410 #
2022/0195(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) High-diversity landscape features on agricultural land, non productive areas and land use with high diversity in rural areas, including buffer strips, rotational or non-rotational fallow land, hedgerows, organic farmland, compensation areas, intercrops, extensive farmland, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive mineral fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high-diversity landscape features in rural areas should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 10 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
Amendment 415 #
2022/0195(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) High-diversity landscape features on agricultural land, non-productive areas and land use with high diversity in rural areas, including buffer strips, rotational or non-rotational fallow land, hedgerows, organic farmland, compensation areas, intercrops, extensive farmland, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive mineral fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high- diversity landscape features should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 104 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
Amendment 419 #
2022/0195(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) The Common Agricultural Policy (CAP) is focused on social, environmental and economic goals and aims to support and strengthen environmental protection, including biodiversity. The policy has among its specific objectives to contribute to halting and reversing biodiversity loss, enhance ecosystem services and preserve habitats and landscapes. The new CAP conditionality standard Nr. 8 on Good Agricultural and Environmental Conditions (GAEC 8)77 , requires beneficiaries of area related payments to have at least 4% of arable land at farm level devoted to non- productive areas and features, including land lying fallow and to retain existing landscape features. The 4% share to be attributed to compliance with that GAEC standard can be reduced to 3 % if certain pre-requisites are met78 . That obligation will contribute to Member States reaching a positive trend in high-diversity landscape features on agricultural land. In addition, under the CAP, Member States have the possibility to set up eco-schemes for agricultural practices carried out by farmers on agricultural areas that may include maintenance and creation of landscape features or non-productive areas. Similarly, in their CAP strategic plans, Member States can also include agri- environment-climate commitments including the enhanced management of landscape features going beyond conditionality GAEC 8 and/or eco- schemes. LIFE nature and biodiversity projects will also help to put Europe's biodiversity on agricultural land on a path to recovery by 2030, by supporting the implementation of Directive 92/43/EEC and Directive 2009/147/EC as well as the EU Biodiversity Strategy for 2030. _________________ 77 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, OJ L 435, 6.12.2021, p. 1, 78 Where a farmer commits to devote at least 7% of his/her arable land to non- productive areas or features, including land lying fallow, under an enhanced eco- scheme or if there is a minimum share of at least 7 % of arable land at farm level that includes also catch crops or nitrogen fixing crops, cultivated without the use of plant protection products.
Amendment 420 #
2022/0195(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Restoration and rewetting79 of organic soils80 in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands help achieve significant biodiversity benefits, an important reduction of green-house gas emissions and other environmental benefits, while at the same time contributing to a diverse agricultural landscape. Member States can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland, water level management, and extensification measures accompanied by reduced drainage, to full rewetting with the opportunity of paludicultural use, photovoltaic systems or the establishment of peat-forming vegetation. In case where an ecosystem is so affected by human activity or its natural condition is such that it may be unfeasible or unreasonably expensive to achieve good status, less stringent environmental objectives may be set on the basis of appropriate, evident and transparent criteria, and all practicable steps should be taken to prevent any further deterioration of the status of the ecosystem. The most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. Member States shall draft national restoration and development plans in cooperation with relevant stakeholders, outlining voluntary measures that landowners and land managers can choose to implement in rural areas. To allow for a flexible implementation of the restoration target for drained peatlands under agricultural use Member States may count the restoration measures and rewetting of drained peatlands in areas of peat extraction sites as well as, to a certain extent, the restoration and rewetting of drained peatlands under other land uses (for example forest) as contributing to the achievement of the targets for drained peatlands under agricultural use. _________________ 79 Rewetting is the process of changing a drained soil into a wet soil. Chapter 1 of IPCC 2014, 2013 and Supplement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories: Wetlands, Hiraishi, T., Krug, T., Tanabe, K., Srivastava, N., Baasansuren, J., Fukuda, M. and Troxler, T.G. (eds). 80 The term ‘organic soil’ is defined in IPCC 2006, 2006 IPCC Guidelines for National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme, Eggleston H.S., Buendia L., Miwa K., Ngara T. and Tanabe K. (eds).
Amendment 426 #
2022/0195(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to reap the full biodiversity benefits, restoration and rewetting of areas of drained peatland should extend beyond the areas of wetlands habitat types listed in Annex I of Directive 92/43/EEC that are to be restored and re-established. Data about the extent of organic soils as well as their greenhouse gas emissions and removals are monitored and made available by LULUCF sector reporting in national greenhouse gas inventories by Member States, submitted to the UNFCCC. Restored and rewetted peatlands can continue to be used productively in alternative ways. For example, paludiculture, the practice of farming on wet peatlands, can include cultivation of various types of reeds, certain forms of timber, blueberry and cranberry cultivation, sphagnum farming, and grazing with water buffaloes. Such practices should be based on the principles of sustainable management and aimed at enhancing biodiversity so that they can have a high value both financially and ecologically. Paludiculture can also be beneficial to several species which are endangered in the Union and can also facilitate the connectivity of wetland areas and of associated species populations in the Union. Funding for measures to restore and rewet drained peatlands and to compensate possible losses of income can come from a wide range of sources, including expenditure under the Union budget and Union financing programmes. Programmes for long-term financing are to be developed for this purpose.
Amendment 435 #
2022/0195(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The new EU Forest Strategy for 203081 outlined the need to restore forest biodiversity. Forests and other wooded land cover over 43,5 % of the EU’s land space. Forest ecosystems that host rich biodiversity are vulnerable to climate change but are also through their multifunctional use a natural ally in adapting to and fighting climate change and climate-related risks, including through their carbon-stock and carbon-sink functions, and provide many other vital ecosystem services and benefits, such as the provision of timber and wood, food and other non-wood products, climate regulation, soil stabilisation and erosion control and the purification of air and water. _________________ 81 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. New EU Forest Strategy for 2030 (COM/2021/572 final).
Amendment 437 #
2022/0195(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Restoration measures need toshould be put in place to enhance the biodiversity of forest ecosystems across the Union, including in the areas not covered by habitat types falling within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of forest ecosystems that would allow for the setting of specific restoration targets for forest ecosystems, it is appropriate to set a general obligation to improve biodiversity in forest ecosystems and measure the fulfilment of that obligation on the basis of existing indicators, such as standing and lying deadwood, the shThe focus should be on improving biodiversity and the resilience of forest ecosystems and, where possible, to measure on the basis of existing and new indicators, such as the share of forests with uneven-aged structure, forest connectivity, dead wood lying and standing in quantity per hectare; vertical structure richness (single layer, multi-layered, multi-layered); location and climate-related tree species composition as a share of the total forest area; nutrient sustainability in representative areas; change in percent of forest stand; share of timber construction in the construction volume and share of wood chemically valued in the volume of wood; area of forests with uneven-aged structure, forest connectivity, the commonhere effective measures have been taken to increase resilience to climate change; ecosystem service water protection; research ecosystem services health, recreation and education in the forest and tree species composition. In view of the ever- increasing risk of forest bfird index82 , and the stock of organic carbon. _________________ 82 Common bird index (EU aggregate) - Products Datasets - Eurostat (europa.eu)es caused by climate change, Member States should take into account when setting the targets of increasing the proportion of deadwood, the share of forests with uneven age structure and the networking of forests, the risk of forest fires.
Amendment 446 #
2022/0195(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57a) The EU Biodiversity Strategy for 2030 sets the target of planting at least three billion climate-adapted additional trees by 2030 in all habitats, while respecting ecological principles. This objective should be fully incorporated into this Regulation. This initiative counteracts the continuing trend of net decline in forest land and the loss of trees in urban areas in the Union, contributes to some of the restoration objectives set out in this Regulation and strengthens the production of wood and other by-products such as fruit and honey. Over time, it will also contribute to increasing the forest area as well as the trees in urban areas and other landscape components in the Union, thus increasing the CO2 sink and CO2 storage in the soil. The new EU Forest Strategy for 2030 sets out a roadmap for the implementation of this objective, based on the general principle of planting and maintaining the right tree in the right place and for the right purpose.
Amendment 452 #
2022/0195(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) To ensure synergies between the different measures that have been, and are to be put in place to protect, conserve and restore nature in the Union, Member States should take into account, when preparing their national restoration plans: the conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC; measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC; marine strategies for achieving good environmental status for all Union marine regions prepared in accordance with Directive 2008/56/EC; national air pollution control programmes prepared under Directive (EU) 2016/2284; national biodiversity strategies and action plans developed in accordance with Article 6 of the Convention on Biological Diversity, as well as conservation measures adopted in accordance with Regulation 1380/2013 and technical measures adopted in accordance with Regulation (EU) 2019/1241 of the European Parliament and of the Council83 The conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC should be reviewed in light of the objectives of this regulation and adjusted if necessary. _________________ 83 Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).
Amendment 462 #
2022/0195(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In order to ensure coherence between the objectives of this Regulation and Directive (EU) 2018/200184 , Regulation (EU) 2018/199985 and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources86 , in particular, during the preparation of national restoration plans, Member States should take account ofintroduce measures which do not hinder the potential for renewable energy projects to make contributions towards meeting nature restoration objectives. _________________ 84 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 85 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1). 86 Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).
Amendment 466 #
2022/0195(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Considering the importance of addressing consistently the dual challenges of biodiversity loss and climate change, the restoration of biodiversity and the guarantee of food security should take into account the deployment of renewable energy and vice versa. The Communication on REPowerEU: Joint European Action for more affordable, secure and sustainable energy87 states that Member States should swiftly map, assess and ensure suitable land and sea areas that are available for renewable energy projects, commensurate with their national energy and climate plans, the contributions towards the revised 2030 renewable energy target and other factors such as the availability of resources, grid infrastructure and the targets of the EU Biodiversity Strategy. The Commission proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency88 and the Commission recommendation on accelerating permitting for renewable energy projects and facilitating Power Purchase Agreements89 , both adopted on 18 May 2022, also provide for the identification of renewables go-to areas. Those are specific locations, whether on land or sea, particularly suitable for the installation of plants for the production of energy from renewable sources, other than biomass combustion plants, where the deployment of a specific type of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. Member States should give priority to artificial and built surfaces, such as rooftops, transport infrastructure areas, parking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture. In the designation of renewables go-to areas, Member States should avoid protected areas and consider their national nature restoration plans. Member States should coordinate the development of national restoration plans with the designation of the renewables go-to areas. During the preparation of the nature restoration plans, Member States should ensure synergies withpriority to the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001, remain unchanged and not be in conflict with a certain form of renewables. _________________ 87 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy (COM/2022/108 final). 88 Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency, COM/2022/222 final. 89 Commission recommendation on speeding up permit-granting procedures for renewable energy projects and facilitating Power Purchase Agreements, C(2022) 3219 final.
Amendment 479 #
2022/0195(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) The European Environment Agency (the ‘EEA’) should support Member States in preparing the national restoration plans, as well as in monitoring progress towards meeting the restoration and development targets and obligations. The Commission should assess whether the national restoration plans are adequate for achieving those targets and obligations. In order to meet these restoration and development targets, monitoring systems and intermediate targets need to be established to check whether the measures are leading to changes that meet the targets.
Amendment 495 #
2022/0195(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The achievement of the objectives and obligations set out in this Regulation requires significant human and financial resources. Resources are needed not only for the designation, assessment and verification of habitat types, but also sufficient financial resources to compensate to the extent necessary the management restrictions or additional expenditure associated with the implementation, in particular on land used for agriculture and forestry. To ensure the achievement of the targets and obligations set out in this Regulation, it is therefore of utmost importance that adequate private and public investments are made in restoration, Member States should integrate expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, in their national budgets and reflect how Union funding is used. Regarding the Union funding, expenditure under the Union budget and Union financing programmes, such as the Programme for the Environment and Climate Action (LIFE)96 , the European Maritime Fisheries and Aquaculture Fund (EMFAF)97 , the European Agricultural Fund for Rural Development (EAFRD)98 , the European Agricultural Guarantee Fund (EAGF), the European Regional Development Fund (ERDF), the Cohesion Fund99 and the Just Transition Fund100 , as well as the Union framework programme for research and innovation, Horizon Europe101 , contributes to biodiversity objectives with the ambition to dedicate 7,5 % in 2024, and 10 % in 2026 and in 2027 of annual spending under the 2021-2027 Multiannual Financial Framework102 to biodiversity objectives. For the farmer, the demand for more extensive farming of agricultural land with higher requirements and standards will lead to lower yields, an increased effort and higher costs. The result is possible competitive disadvantages in a globalised market. At the same time, as part of the Green Deal, the requirements for farmers will continue to rise not only in the area of biodiversity protection, but also in the field of environmental, climate protection and animal welfare. The resources of the Common Agricultural Policy through the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) must therefore be deposited with corresponding additional appropriations. In addition to increased environmental, climate and animal welfare objectives and the increasing need to finance adaptation measures to climate change, the Common Agricultural Policy must continue to ensure the supply of high-quality and healthy food to the population at reasonable prices, to a sufficient extent to ensure income for family farms and to strengthen rural areas. The Recovery and Resilience Facility (RRF)103 is a further source of funding for the protection and restoration of biodiversity and ecosystems. With reference to the LIFE Programme, special attention should be given to the appropriate use of the Strategic Nature Projects (SNaPs) as a specific tool that could support the implementation of this Regulation, by way of mainstreaming available financial resources in an effective and efficient way. _________________ 96 Regulation (EU) 2021/783 of the European Parliament and of the Council of 29 April 2021 establishing a Programme for the Environment and Climate Action (LIFE), and repealing Regulation (EU) No 1293/2013 (OJ L 172, 17.5.2021, p. 53). 97 Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1). 98 Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 (OJ L 437, 28.12.2020, p. 1). 99 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 100 Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231 30.06.2021, p. 1). 101 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013(OJ L 170, 12.5.2021, p. 1). 102 Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I , 22.12.2020, p. 11). 103 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).
Amendment 502 #
2022/0195(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Notwithstanding the current expenditure under the Union budget and Union financing programmes, in view of the revision of the multiannual financial framework and the preparation of a multiannual financial framework for the next programming period, and in view of facilitating the implementation of this Regulation, the Commission should present new budgetary options such as the reallocation of funds and the establishment of a permanent dedicated nature restoration fund.
Amendment 507 #
2022/0195(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) Member States should promote a fair and cross-society approachThe involvement of owners, land users and their representatives, broad public and stakeholder support for the recovery and their taking over of responsibility are necessary conditions for the successful implementation of this Regulation. Member States should promote a fair, open, transparent, inclusive, effective and cross-society approach by involving owners and land users in the preparation and, implementation and revision of their national restoration plans, by including processes for participation of the public and by considering the needs of local communities and stakeholders. Member States should also actively promote awareness of the importance of biodiversity and the restoration of nature, and should address young people through programmes and concrete projects, as well as through education and general information.
Amendment 516 #
2022/0195(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) In line with the commitment in the 8th Environment Action Programme to 2030107 , Member States should phase out environmentally harmful subsidies at national level, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices. _________________ 107 [Reference to be added when the 8th EAP has been published].
Amendment 526 #
2022/0195(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to specify the method for monitoring pollinators, to specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV to this Regulation and the indicators for forest ecosystems listed in Annex VI to this Regulation, to develop a framework for setting the satisfactory levels of pollinators, of indicators for agricultural ecosystems listed in Annex IV to this Regulation and of indicators for forest ecosystems listed in Annex VI to this Regulation, and to specify the methods for monitoring urban green space and of urban tree canopy cover, to set out a uniform format for the national restoration plans, to set out the format, structure and detailed arrangements for reporting data and information electronically to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council108 . _________________ 108 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 530 #
2022/0195(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. In addition, the Commission should assess the need to establish additional restoration targets, based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, taking into account the most recent scientific evidence.
Amendment 537 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of ecosystemsmaintenance, enhancement, restoration and development of ecosystems while guaranteeing food security;
Amendment 558 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration and development measures which together shall cover,maintain, enhance or restore by 2030, at least 20 % of the Union’s land and sea areas in need of restoration and, by 2050, all ecosystems in need of restoration while guaranteeing food security. All measures shall not prevent any sustainable use.
Amendment 615 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) 'development' means to create ecosystems in areas where lost species cannot be brought back due to a change of the environment and climate;
Amendment 623 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘good condition’ means a state where the key characteristics of an ecosystem, namely its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long-term maintenance and productivity;
Amendment 655 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) 'sustainable forest management' means the stewardship and use of forests and forest lands in a way, and at a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality and their potential to fulfil, now and in the future, relevant ecological, economic and social functions, at local, national, and global levels, and that does not cause damage to other ecosystems;
Amendment 656 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 b (new)
Article 3 – paragraph 1 – point 7 b (new)
(7 b) 'sustainable agricultural activity' is an agricultural activity in a Member State of the European Union if it is carried out in accordance with the provisions set out in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 laying down rules on support for strategic plans to be drawn up by Member States under the Common Agricultural Policy and to be financed by the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) (CAP Strategic Plans);
Amendment 657 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 c (new)
Article 3 – paragraph 1 – point 7 c (new)
(7 c) 'production-integrated commitments' are measures to promote biodiversity that are integrated into agricultural or forestry production;
Amendment 671 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘urban green space’ means all green urban areas; broad-leaved forests; coniferous forests; mixed forests; natural grasslands; moors and heathlands; transitional woodland-shrubs and sparsely vegetated areas -; green roofs, green walls and private gardens as found within cities or towns and suburbs calculated on the basis of data provided by the Copernicus Land Monitoring Service as established by Regulation (EU) 2021/696 of the European Parliament and of the Council110 ;and based on existing land-use plans of local authorities or other local instruments of spatial function assignment. _________________ 110 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).
Amendment 682 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
(15a) ‘restoration of the natural connectivity of rivers and natural functions of the related floodplains’ means: (i) the removal or the equipment of artificial structures in order to ensure the sufficient free-flowing character of water, sediment, nutrients, matter and organisms along river systems; (ii) the rehabilitation of hydrological, morphological and biological connectivity between wetlands, floodplains and their river channels; and (iii) the recovery of fluvial processes in general, which are necessary to support a healthy freshwater ecosystem.
Amendment 694 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 b (new)
Article 3 – paragraph 1 – point 15 b (new)
(15 b) ‘wetting’ means any deliberate action aimed at bringing the water level of a drained peat land, i.e. the position relative to the surface, as far as possible, close to the original peat land;
Amendment 710 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall put in place the restoration and development measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I thain the Member State and in the respective biogeographical region listed in Annex I which are not in good condition taking into account the food security. Such measures shall be in place on the area until it is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 650 % by 2040, and on at least 90 % by 2050 respecting production-integrated commitments .
Amendment 718 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Following the availability of a revised Union-wide methodology for the status survey of habitat types and species protected under the Habitats Directive, Member States shall put in place the restoration and development measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050, respecting production-integrated commitments.
Amendment 725 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The restoration and development measures referred to in paragraphs 1, 2 and 3 shall be taken exclusively in the areas protected by Directive 92/43/EEC and Directive 2009/147/EC (Natura 2000 sites).
Amendment 734 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Once the data on habitat types referred to in Article 19(8) are available, Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types, provided that climatic conditions still allow this. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 650 % of that surface by 2040, and 100 % of that surface by 2050, taking into account all areas and land uses equally for this purpose and respecting production- integrated commitments.
Amendment 755 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved respecting production-integrated commitments.
Amendment 761 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be subject to monitoring and reporting without delay and shall be considered as not being in a good condition if no such monitoring and reporting are in place after three years of this regulation coming into force.
Amendment 780 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The restoration and development measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types and the food security.
Amendment 793 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall entake appropriate and effective measures that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not deteriorate irreversibly by human or non- human actions.
Amendment 801 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deterioratesignificantly deteriorate in relation to the objectives of the Directive 92/43/EEC to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements and food security.
Amendment 805 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deteriorate irreversibly by human or non-human actions.
Amendment 816 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. (7a) where, due to the different requirements of the habitat types listed in paragraphs 1 and 2 of Annex I and of the species referred to in paragraph 3, the obligations referred to in paragraphs 6 and 7 are not complied with, it shall be weighed for the benefit of which habitat types or species restoration measures are taken. Non-compliance with the obligations relating to the other habitat types or species is justified by this.
Amendment 819 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7b. If Member States, due to the regional specificities, cannot meet the obligations referred to in paragraphs 6 and 7 and Article 9(4), exceptions are justified.
Amendment 820 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
Amendment 835 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point a a (new)
Article 4 – paragraph 8 – point a a (new)
(aa) to guarantee food security;
Amendment 846 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) unavoidable habitat transformations or other circumstances, which are directly caused by climate change; or
Amendment 851 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis for which Member States have to provide evidence for these exceptions.
Amendment 872 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point c a (new)
Article 4 – paragraph 8 – point c a (new)
(ca) measures to maintain food security, production of food and renewable resources.
Amendment 895 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 9 – point a a (new)
Article 4 – paragraph 9 – point a a (new)
(aa) to guarantee food security;
Amendment 908 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 9 – point b
Article 4 – paragraph 9 – point b
(b) unavoidable habitat transformations or other circumstances which are directly caused by climate change: or
Amendment 934 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 1007 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types and guarantee food security.
Amendment 1056 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point a a (new)
Article 5 – paragraph 8 – point a a (new)
(aa) to guarantee food security;
Amendment 1069 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point c
Article 5 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis for which Member States are to provide evidence for these exceptions.
Amendment 1108 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 9 – point a a (new)
Article 5 – paragraph 9 – point a a (new)
(aa) to guarantee food security;
Amendment 1166 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that there is no net loss of urban green space, at aggregated national level and of urban tree canopy cover by 2030, compared to 2021, in all cities and in towns and suburbs. Member States shall cooperate with local and regional authorities, as well as managing authorities for achieving this based on existing legal frameworks.
Amendment 1178 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Member States shall ensure that there is an increase in the total national area of urban green space in cities and in towns and suburbs of at least 35 % of the total area of cities and of towns and suburbs in 2021, by 2040, and at least 510 % by 2050. Member States shall cooperate with local and regional authorities, as well as managing authorities. In addition Member States shall ensure:
Amendment 1196 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) a minimum of 120 % urban tree canopy cover in all cities and in towns and suburbs by 2050; and
Amendment 1203 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) a net gain of urban green space that is integrated into existing and new buildings and infrastructure developments, including through renovations and renewals as well as deconstruction and unsealing, in all cities and in towns and suburbs. Member States shall provide the necessary provisions to ensure the long-term permanence of new urban green spaces;
Amendment 1215 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) a reduction of the sealing of surfaces in private gardens;
Amendment 1217 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b b (new)
Article 6 – paragraph 2 – point b b (new)
(bb) to reduce light pollution.
Amendment 1256 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall remove the barriers to longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer neededwithout actual or potential use for renewable energy generation, inland navigation, flood protection, water supply or other uses.
Amendment 1267 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall opt to complement the removal of the barriers referred to in paragraph 2 by the measures necessary to improve the natural functions of the related floodplains.
Amendment 1282 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 1291 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The Commission will evaluate the current status of pollinator populations and, based on this, establish scientific indicators and propose measures to achieve positive trends in pollinator populations.
Amendment 1292 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 1298 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1309 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take into account social and economic requirements put in place the restoration and development measures necessary to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration and development measures under Article 4(1), (2) and (3) taking into account climate change, food security and securing socially and economically viable agricultural production.
Amendment 1321 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall achieve through sustainable agricultural activity an increasing trend at national level of each of the following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached:
Amendment 1329 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 1340 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1353 #
2022/0195(COD)
(c) share of agricultural landland in rural areas with high-diversity landscape features, non- productive areas and other land use with high biological diversity.
Amendment 1372 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Member States shall put in place restoration measures to ensure that the common farmland bird index at national level based on the species specified in Annex V, indexed on … [OP please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation] = 1001.01.2020, reaches the following levels:
Amendment 1377 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) 110 by 20305, 120 by 20405 and 130 by 20505, for Member States listed in Annex V with historically more depleted populations of farmland birds;
Amendment 1383 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) 105 by 20305, 110 by 20405 and 115 by 20505, for Member States listed in Annex IV with historically less depleted populations of farmland birds.
Amendment 1390 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 1392 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures. Member States are obliged to develop a strategy for the protection, restoration and sustainable use of peatlands. The strategy should be set up and implemented in cooperation with land managers and landowners. Those measures shall be in place on at least:
Amendment 1418 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) 30 % of such areas by 2030, of which at least a quartersixth shall be rewetted;
Amendment 1433 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) 50 % of such areas by 2040, of which at least halfa quarter shall be rewetted;
Amendment 1461 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 240%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c).
Amendment 1470 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Member States shall take measures to maintain cover-up, deforestation and depletion of extensively managed agricultural land, in particular extensive grassland in border yields and in the mountain area.
Amendment 1481 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall put in place the restoration and development measures necessary to enhance biodiversity and resistance of forest ecosystems, in addition to the areas that are subject to restoration and development measures pursuant to Article 4(1), (2) and (3).
Amendment 1493 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve through sustainable forest management an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three yearssix thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:
Amendment 1497 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every threesix years thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:
Amendment 1505 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) standing deadwooddead wood lying and standing in quantity per hectare;
Amendment 1509 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 1513 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) vertical structure richness (single layer, multi-layered, multi-layered);
Amendment 1525 #
Amendment 1527 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
Amendment 1536 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
Amendment 1545 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) location and climate-related tree species composition as a share of the total forest area;
Amendment 1551 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f b (new)
Article 10 – paragraph 2 – point f b (new)
(fb) regular review of nutrient sustainability in representative areas;
Amendment 1555 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f c (new)
Article 10 – paragraph 2 – point f c (new)
(fc) change in percent of forest stand;
Amendment 1556 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f d (new)
Article 10 – paragraph 2 – point f d (new)
(fd) share of timber construction in the construction volume and share of wood chemically valued in the volume of wood;
Amendment 1557 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f e (new)
Article 10 – paragraph 2 – point f e (new)
(fe) area of forests where effective measures have been taken to increase resilience to climate change;
Amendment 1558 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f f (new)
Article 10 – paragraph 2 – point f f (new)
(ff) ecosystem service water protection;
Amendment 1559 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f g (new)
Article 10 – paragraph 2 – point f g (new)
(fg) ecosystem services health, recreation and education in the forest;
Amendment 1560 #
Amendment 1578 #
2022/0195(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Planting 3 billion additional trees Member States shall contribute to the achievement of the Union’s objective of planting at least three billion climate- adapted additional trees in all habitats by 2030 in defining and implementing the restoration measures to meet the objectives and obligations set out in Articles 4, 6, 7, 8, 9 and 10.
Amendment 1581 #
2022/0195(COD)
Proposal for a regulation
Article 10 b (new)
Article 10 b (new)
Article 10 b Preservation of the effects of restoration measures 1. Member States shall ensure the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 10a, in accordance with Article 12(2), point (i), through effective means, including, when applicable, by the designation of protected areas, by the implementation of other effective area-based conservation measures, or by promoting private land conservation measures, taking into account the ecological requirements of the restored areas while guaranteeing food security. 2. When restoration measures apply to primary and old-growth forests, Member States shall strictly protect them.
Amendment 1587 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall prepare national restoration pland development plans involving owners, land users and their representatives and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10a and the Union’s overarching objectives as set out in Article 1, taking into account the latest scientific evidence.
Amendment 1611 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
Article 11 – paragraph 2 – point a – point iii
(iii) the favourable reference area taking into account the documented losses over at least the last 70 years and the projected changes to environmental conditions due to climate change;
Amendment 1623 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
Article 11 – paragraph 2 – point a – point iv
(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change and the conflicting preconditions of different habitat types and species;
Amendment 1630 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change and the conflicting preconditions of different habitat types and species.
Amendment 1651 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9) and taking into account the funding provided.
Amendment 1663 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall identify and map the agricultural and forest areas in need of restoration, in particular the areas that, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversityfrastructure measures and settlement activities, are in need of enhanced connectivity and landscape diversity. The type of restoration and development measures recommended in these areas and how restrictions of use and property disadvantages are compensated shall be determined in agreement with the landowner of the area concerned. To this end, the competent authority designated by the Member State shall seek contractual arrangements with landowners or other beneficial owners in order to safeguard the implementation, restriction or omission of the management and use of land under private law.
Amendment 1685 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point c a (new)
Article 11 – paragraph 5 – point c a (new)
(ca) the food security.
Amendment 1687 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Member States shall coordinate the development of national restoration plans with the designation of the renewables go- to areas. During the preparation of the nature restoration plans, Member States shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001 remain unchanged. Member States shall ensure that in the permit-granting processes the relevant administrative bodies base their decisions on the principle that the species protection refers to the national population and not to the individual specimens of the species.
Amendment 1697 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. Member States shall ensure that Union environmental law is applied to the deployment of energy from renewable sources, the related transmission and distribution network elements as well as storage facilities on the basis of the principle that the species protection refers to the entire population and not to the individual specimens.
Amendment 1707 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 7 – point c
Article 11 – paragraph 7 – point c
(c) measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC without prejudice to the exemptions set out in articles 4(3), 4(4), 4(5) and 4(7) thereof;
Amendment 1762 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
11. Member States shall ensure that the preparation of the restoration or development plan is open, inclusive and effective and that the public as well as all the stakeholders affected by restoration measures is given early and effective opportunities to participate in its elaboration. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
Amendment 1772 #
Amendment 1774 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 11 b (new)
Article 11 – paragraph 11 b (new)
11b. The paragraphs 1 to 11 also apply when regional and sub-regional restoration or development plans are prepared (cross border management).
Amendment 1779 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Member States shall provide the possibility of adjustment and correction measures of the national restoration and development plan.
Amendment 1780 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1b. Member States shall cooperate bilaterally and within regional and sub- regional cooperation mechanisms to protect biodiverse ecosystems especially if the ecosystems extend beyond the borders. When ecosystems extend the borders of a Member State, national restoration and development plans shall be extended to common regional restoration or devlopment plans.
Amendment 1812 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) the inventory of barriers and the barriers identified for removal in accordance with Article 7(1), the plan for their removal in accordance with Article 7(2) and an estimate of the length of free- flowing rivers to be achieved by the removal of those barriers by 2030 and by 2050, and any other measures to re- establish the natural functions of floodplains in accordance with Article 7(3); without restricting the use of hydroelectric power;
Amendment 1821 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point h
Article 12 – paragraph 2 – point h
(h) the monitoring of the areas subject to restoration or development in accordance with Articles 4 and 5, the process for assessing the effectiveness of the restoration or development measures put in place in accordance with Articles 4 to 10 and for revising those measures where needed to ensure that the targets and obligations set out in Articles 4 to 10 are met or revised;
Amendment 1846 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point l
Article 12 – paragraph 2 – point l
(l) the estimated financing needs for the implementation of the restoration measures, which shall include the description of the support to stakeholders and compensation for property-related disadvantages of the landowners concerned affected by restoration measures or other new obligations arising from this Regulation, and the means of intended financing, public or private, including (co-) financing with Union funding instruments;
Amendment 1859 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point n
Article 12 – paragraph 2 – point n
(n) a summary of the process for preparing and establishing the national restoration plan, including information on public participation and the landowners affected by potential restoration measures and of how the needs of local communities and stakeholders have been considered and how ownership rights have been respected;
Amendment 1872 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point o a (new)
Article 12 – paragraph 2 – point o a (new)
(oa) a dedicated section explaining how to ensure that the implementation of the recovery plans does not lead to a depopulation of agricultural and forestry production in third countries and to ensure self-sufficiency with regional, high-quality food and biogenic raw materials;
Amendment 1896 #
2022/0195(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall submit a draft of the national restoration plan referred to in Articles 11 and 12 to the Commission by… [OP please insert the date = the first day of the month following 2436 months after the date of entry into force of this Regulation].
Amendment 1901 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall assess the draft national restoration plans within sixnine months of the date of receipt. When carrying out that assessment, the Commission shall act in close cooperation with the Member State concerned.
Amendment 1905 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration or development plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features as well as ensuring that the implementation of the recovery plans does not lead to migration of agricultural and forestry production to third countries and that self-supply with regional, high- quality food and biogenic raw materials can be ensured.
Amendment 1913 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1916 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 104% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1926 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission may address observations to Member States within sixnine months of the date of receipt of the draft national restoration plan.
Amendment 1941 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Member States shall finalise, publish and submit to the Commission the national restoration plan within sixnine months from the date of receipt of observations from the Commission.
Amendment 1950 #
2022/0195(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall review their national restoration plan at least once every 10 years, in accordance with Articles 11 and 12, taking into account progress made in the implementation of the plans, the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change and the financing needs and its availability.
Amendment 1960 #
2022/0195(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. When it becomes apparent that the measures set out in the national restoration or development plan will not be sufficient to comply with the targets and obligations set out in Articles 4 to 10, based on the monitoring in accordance with Article 17, Member States shall revise the national restoration planor development plan, revise the measures and targets and include supplementary measures.
Amendment 1965 #
2022/0195(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Based on the information referred to in Article 18(1) and (2) and the assessment referred to in Article 18(4) and (5), if the Commission considers that the progress made by a Member State is insufficient to comply with the targets and obligations set out in Articles 4 to 10, the Commission may request the Member State concerned to submit an updated draft national restoration plan with supplementary measures provide additional measures, including a description of the funding required for this purpose . That updated national restoration plan with supplementary measures shall be published and submitted within six months from the date of receipt of the request from the Commission.
Amendment 1981 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that members of the public, in accordance with national law, that have a sufficientlegitimate interest or that maintain the impairment of a right as well as affected landowners and managers, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities, regardless of the role members of the public have played during the process for preparing and establishing the national restoration plan.
Amendment 1988 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient in accordance with the Aarhus convention.
Amendment 1993 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Review procedures referred to in paragraph 1 shall be fair, and equitable, timely and free of charge or not prohibitively expensive, and shall provide adequate and effective remedies, including injunctive relief where necessary and based on the latest scientific evidence.
Amendment 2019 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 2030 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point h a (new)
Article 17 – paragraph 1 – point h a (new)
(ha) the progress towards the planting of three billion climate-adapted additional trees referred to in Article 10a.
Amendment 2049 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the coverage of climate-adopted trees, the forest connectivity and the stock of organic carbon, shall be carried out at least every three years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
Amendment 2113 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 2122 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 2130 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 2138 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 2143 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 2156 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
Amendment 2159 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7a. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 concerning the development of a uniform and scientifically sound survey and evaluation methodology to ensure a Union-wide standard for the establishment of a database as referred to in Article 4. Based on this, Union-wide recovery targets will be set.
Amendment 2160 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 7 b (new)
Article 19 – paragraph 7 b (new)
7b. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 to develop a uniform and scientifically based collection and analysis methodology in order to ensure a Union-wide standard for the establishment of a data base as referred to in Article 4. Building on this, Union-wide recovery objectives will be set.
Amendment 2284 #
2022/0195(COD)
Proposal for a regulation
Annex IV – row 4
Annex IV – row 4
Share of agricultural Description: High-diversity landscape features are elements of land with high- permanent natural or semi-natural vegetation present in an diversity landscape agricultural context, which provide ecosystem services and support features for biodiversity. In order to do so, landscape features need to be subject to as little external disturbances as possible to provide safe habitats for various taxa, and therefore need to comply with the following conditions: a) they cannot be under productive agricultural use (including grazing or fodder production),and b) they should not receive fertilizer or pesticide treatment. Land lying fallow can be considered as high diversity landscapemust either be managed in a way that promotes biodiversity or not used for productive agriculture at all. b) they should not receive fertilizer or pesticide treatment, unless they exclusively contain active substances that may be used in accordance with Regulation 5EU) 2018/848. Land lying fallow as well as cultivated land can be considered as high diversity landscape features if it complies with criteria (a) and (b) above. Productive trees part of arable land agroforestry system (b) above. Productive trees and productive elements in non- elements in non- productive hedges can also be considered as high diversity diversity landscape features, if they comply with criterion (b) above, and if harvests take place only at moments where it would not compromise high biodiversity levels.. Unit: Percent (share of Utilised Agricultural Area). Methodology: as developed under indicator I.21, Annex I of Regulation 2021/2115,as based on LUCAS for landscape elements, Ballin M.et al., Redesign sample for Land Use/Cover Area frame Survey (LUCAS), Eurostat2018, and for land laying fallow, Farm Structure, Reference Metadatain Single Integrated Metadata Structure, online publication, Eurostat.
Amendment 119 #
2022/0099(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
Amendment 139 #
2022/0099(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The transition of the Metered- Dose-Inhalers(MDIs) to low-GWP technologies will require information exchange, cooperation and monitoring between the European Commission, Member States and competent authorities, the European Medicines Agency and the Health Emergency Preparedness and Response Authority, to avoid shortages and ensure sustained patient access to life-saving medication. Healthcare professionals and patients relying on MDIs medicines shall be informed and educated on the use of upcoming MDIs.
Amendment 155 #
2022/0099(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The Commission shall work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account.
Amendment 184 #
2022/0099(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) In implementing this Regulation, the Commission should establish a so- called Consultation Forum to ensure a balanced participation of Member States’ representatives and representatives of civil society, including environmental organisations, public health organisations, representatives of manufacturers, operators and certified persons.
Amendment 191 #
2022/0099(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to amend certain non- essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (‘TFEU’) should be delegated to the Commission in respect of the establishment of a list of products and equipment for which the recovery of gases or their destruction is technically and economically feasible and the specification of the technologies to be applied; labelling requirements; the exclusion from quota requirements of HFCs in accordance with decisions of the Parties to the Protocol; concerning the amounts due for the allocation of quota and the mechanism to allocate remaining quotas; additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures; the rules applicable to the release for free circulation of products and equipment imported from and exported to any entity not covered by the Protocol; the update of global warming potentials of listed substances. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, in particular consultation with the Consultation Forum as set up according to Article 33 of this Regulation, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making38 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 38 OJ L 123, 12.5.2016, p. 1.
Amendment 193 #
2022/0099(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) lays down rules on containment, use, recovery and destruction of fluorinated greenhouse gases and on related ancillary measures, and facilitates the safe and efficient use of alternative substances;
Amendment 202 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘operator‘ means the undertaking exercising actual power over the technical functioning of products and equipment covered by this Regulation or the ownerentity where designated by a Member State as being responsible for the operator’s obligations in specific cases;
Amendment 207 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘placing on the market’ means the supplying or making available to another person witharty in the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the use of products or equipment manufactured for own use;
Amendment 238 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in Annexes I or II, or other relevant alternatives to fluorinated greenhouse gases, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of any such gases. They shall take all measures that are technically and economically feasible to minimise leakage of the gases.
Amendment 240 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. During the production, storage, transport, and transfer from one container or system to another or to an equipment or installation, of fluorinated greenhouse gases listed in Annexes I and II, the undertaking shall take all necessary precautions to limit release of fluorinated greenhouse gases listed in Annexes I and II to the greatest extent possible. This paragraph also applies where fluorinated greenhouse gases listed in Annexes I and II are produced as by-products. , as well as to other relevant alternatives to fluorinated greenhouse gases.
Amendment 243 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
Where a leakage of fluorinated greenhouse gases listed in Annex I or II is detected, or other relevant alternatives to fluorinated greenhouse gases, the operators, manufacturers of equipment and installations and the undertakings in possession of the equipment during its transport, or storage, shall ensure that the equipment or installation is repaired without undue delay.
Amendment 246 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 6 – subparagraph 1
Article 4 – paragraph 6 – subparagraph 1
Natural persons carrying out the tasks referred to in Article 10(1), points (a) to (c), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II, or other relevant alternatives to fluorinated greenhouse gases.
Amendment 247 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 6 – subparagraph 2
Article 4 – paragraph 6 – subparagraph 2
Undertakings carrying out the installation, servicing, maintenance, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (f), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II, or other relevant alternatives to fluorinated greenhouse gases.
Amendment 250 #
2022/0099(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, and other relevant alternatives to fluorinated greenhouse gases, not contained in foams, shall ensure that the equipment is checked for leaks.
Amendment 264 #
2022/0099(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3
Article 5 – paragraph 1 – subparagraph 3
Amendment 267 #
2022/0099(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases listed in Annex I or in Annex II, Section I, or other relevant alternatives to fluorinated gases:
Amendment 277 #
2022/0099(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Operators of the equipment listed in Article 5(2), points (f) and (g), and containing fluorinated greenhouse gases listed in Annex I in quantities of 500 tonnes of CO2 equivalent or more and installed from 1 January 2017, shall ensure that equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage. For the purposes of Article 5(2), point (g), the leakage detection system shall have a higher sensitivity than a pressure or density monitoring device.
Amendment 288 #
2022/0099(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Any recovered fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall not be used for filling or refilling other equipment unless the gas has been recycled or reclaimed.
Amendment 293 #
2022/0099(COD)
Proposal for a regulation
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Operators of products and equipment not listed in paragraphs 1, 6 and 7 that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, shall arrange for the recovery of the gases, unless it can be established that it is not technically feasible or entails disproportionate costs. The operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed or shall arrange for their destruction without prior recovery.
Amendment 296 #
2022/0099(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied.
Amendment 304 #
2022/0099(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Without prejudice to existing Union legislation, Member States shall encouragsure the development of producer responsi -bility schemes for the recovery of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction, taking into account already applicable producer responsibility schemes.
Amendment 315 #
2022/0099(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I, and other relevant alternatives to fluorinated greenhouse gases, from air- conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5. _________________ 42 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12).
Amendment 319 #
2022/0099(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point e
Article 10 – paragraph 3 – point e
(e) energy efficiencinstallation and maintenance of equipment to improve the energy efficiency and heat recovery aspects.
Amendment 323 #
2022/0099(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6 a. The Member States shall establish or adapt certification schemes and training programmes pursuant to paragraphs 1, 2, 3 and 6 within six months from entry into force of this regulation.
Amendment 325 #
2022/0099(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Existing certificates and training attestations issued in accordance with Regulation (EU) No 517/2014 shall remain valid, in accordance with the conditions under which they were originally issued. The validity of existing certificates may be subject to additional requirements to reflect the extension of the certification scheme to other relevant alternatives to fluorinated greenhouse gases.
Amendment 337 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The placing on the market of products and equipment, listed in Annex IV, including parts thereof, listed in Annex IV after 15 years of the date listed, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained.
Amendment 347 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other personarties within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent return to the origin country or for disposal and for the recovery of the gas prior to the disposal pursuant to Article 8.
Amendment 362 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – introductory part
Article 11 – paragraph 4 – subparagraph 1 – introductory part
Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof after 15 years of the date listed, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:
Amendment 374 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, and other relevant alternatives to fluorinated greenhouse gases. for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2).
Amendment 375 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
This paragraph shall not prevent non- certified undertakings, who do not carry out such activities, from collecting, transporting or delivering fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, and other relevant alternatives to fluorinated greenhouse gases.
Amendment 392 #
2022/0099(COD)
Proposal for a regulation
Article 12 – paragraph 17 a (new)
Article 12 – paragraph 17 a (new)
17 a. Fluorinated greenhouse gases listed in Annex II, Section 3, placed on the market for the purpose of fumigation shall be labelled without prejudice to existing labelling requirements included under Regulation (EC) 1272/2008, Regulation (EU) 528/2012 and Regulation (EC) 1107/2009. Where additional information is required under this Regulation, it shall be assessed in conjunction with other labelling parameters defined according to Regulation (EC) 1272/2008, Regulation (EU) 528/2012 and Regulation (EC) 1107/2009.
Amendment 394 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 50150 or more, for the servicing or maintenance of stationary refrigeration equipment (excluding chillers) is prohibited.
Amendment 402 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 – introductory part
Article 13 – paragraph 3 – subparagraph 3 – introductory part
The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 20304:
Amendment 406 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 – point a
Article 13 – paragraph 3 – subparagraph 3 – point a
(a) reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 50150 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been labelled in accordance with Article 12(6);
Amendment 409 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 – point b
Article 13 – paragraph 3 – subparagraph 3 – point b
(b) recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 50150 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing.
Amendment 416 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The use of desflurane as inhalation anaesthetic is prohibionly permitted as from 1 January 2026, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission, or when it is used in conjunction with a gas capture technology.
Amendment 422 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c
Article 16 – paragraph 2 – point c
(c) supplied directly by a producer or an importer to undertakings, for export out of the Union, not contained in products ore-charged equipment referred to in Article 19(1), where those hydrofluorocarbons are not subsequently made available to any other party within the Union, prior to export;
Amendment 427 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point d
Article 16 – paragraph 2 – point d
(d) supplied directly by a producer or an importer for use in military equipment;
Amendment 434 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point e a (new)
Article 16 – paragraph 2 – point e a (new)
(e a) contained in products or in pre- charged equipment which are exported outside the Union.
Amendment 438 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point e b (new)
Article 16 – paragraph 2 – point e b (new)
(e b) supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients, before 31 December 2029;
Amendment 440 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point e c (new)
Article 16 – paragraph 2 – point e c (new)
(e c) from 1 January 2030 and until 31 December 2035, supplied directly by a producer or an importer to an undertaking producing metered dose inhalers for the delivery of pharmaceutical ingredients, for export out of the Union.
Amendment 441 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – introductory part
Article 16 – paragraph 4 – subparagraph 1 – introductory part
Following a substantiated request by a competent authority of a Member State, or an Agency of the EU, or the Consultation Forum, and taking into account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to four years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment, where it is demonstrated in the request that:
Amendment 446 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point a
Article 16 – paragraph 4 – subparagraph 1 – point a
(a) for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons or risks to public health; and
Amendment 452 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). Where requests concerning protection on imperative grounds of urgency so require, the Commission shall adopt delegated acts in accordance with the procedure provided for in Article 32 in order to authorise an exemption referred to in paragraph 4 of this Article.
Amendment 468 #
2022/0099(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons or any disruption to the supply of pharmaceutical products, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects, including on public health. The Consultation Forum shall be consulted on the potential unintended effects that form a basis for a delegated act.
Amendment 525 #
2022/0099(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
By 31 December 2024 the Commission shall, by means of a delegated act, adopt a common general framework that Member States shall use to design centralised electronic systems.
Amendment 541 #
2022/0099(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
The Commission shall establish a Consultation Forum for providing advice and expertise direction in relation to the implementation of this Regulation. A dedicated sub-group of the Consultation Forum shall be established to ensure close cooperation with the European Medicines Agency as well as Member State authorities to evaluate unintended effects on public health. It shall deliver a yearly report as of 2025 which the European Commission shall act on in accordance with Article 32. The rules of procedure of the Consultation Forum shall be established by the Commission and shall be published.
Amendment 570 #
2022/0099(COD)
Proposal for a regulation
Annex VIII – point 1 – paragraph 2 – indent 2
Annex VIII – point 1 – paragraph 2 – indent 2
– in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii). From 1 January 2030 a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 2024. In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas allocated under Annex VII, point 4(i) will be reduced proportionally.
Amendment 588 #
2022/0099(COD)
Proposal for a regulation
Annex III – section 1 – row 37
Annex III – section 1 – row 37
Amendment 590 #
2022/0099(COD)
Proposal for a regulation
Annex III – section 1 – row 37
Annex III – section 1 – row 37
Amendment 593 #
2022/0099(COD)
Proposal for a regulation
Annex III – section 2 – row 4
Annex III – section 2 – row 4
Amendment 595 #
2022/0099(COD)
Proposal for a regulation
Annex III – section 2 – row 4
Annex III – section 2 – row 4
Amendment 600 #
2022/0099(COD)
(11) Refrigerators -that contain HFCs with GWP of 2 500 or more. 1 January and freezers 2020 Stationary 1 January refrigerators -that contain HFCs with GWP of 2 500 or more. for commercial 1 January use (self- 2020 and freezers for commercial -that contain HFCs with GWP of 150 or more. 1 January use 2022 contained(hermetically equipment)sealed -that contain other fluorinated greenhouse gases with 1 January equipment) GWP of 150 or more. (self-contained equipment). 2024
Amendment 608 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 12
Annex IV – point 12
(12) Ana) Any stationary self-contained refrigeration equipment (except chillers) that contains fluorinated greenhouse gases with GWP of 5 or 1 January more. 2025 b) Any transported refrigeration equipment that contains fluorinated 1 January greenhouse gases with GWP of 150 or more. more than 300. 2025 34
Amendment 615 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 14
Annex IV – point 14
(14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 1 January 1500 or more except equipment intended for application designed to 2024 cool products to temperatures below – 50 °C.
Amendment 620 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 15
Annex IV – point 15
(15) Multipack centralizedStationary refrigeration systems for commercial use with a , power racks and/or refrigerated remote cabinets assembly with a total rated capacity of 410 kW or more that 1 January contain, or whose functioning relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 150 or 1 January more, except in the primary refrigerant circuit of cascade systems where 2022 fluorinated greenhouse gases with a GWP of less than 1 500 may be used. 2024 with GWP of 5 or more, except chillers.
Amendment 632 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 17
Annex IV – point 17
(17) Plug-in room and other self-contained air-conditioning and heat pump 1 January equipment that contain fluorinated greenhouse gases with GWP of 150 20258 or more.
Amendment 640 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 18
Annex IV – point 18
(18) Stationary split air-conditioning and split heat pump equipment : (a) Single split air-to-air systems containing less than 3 kg of fluorinated greenhouse 1 January greenhouse gases listed in Annex I, that contain, or whose functioning relies upon, 2025 relies upon, fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW Other split equipment containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 1750 or more, except when required to meet safety standards; ; 1 January 2027 9 (c) Split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standards. Deleted
Amendment 654 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 23
Annex IV – point 23
Amendment 660 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 2 a (new)
Annex IV – point 2 a (new)
(2a) Until 1 January 2045 for high voltage switchgears and until 1 January 2038 for medium voltage, the prohibitions on placing on the market set out in point 23 shall not apply to the spare parts necessary for the maintenance and repair of equipment already installed and to the extensions of the already installed gas- insulated switchgear.
Amendment 668 #
2022/0099(COD)
Proposal for a regulation
Annex VI – title
Annex VI – title
Method of calculating the total GWP of a mixture referred to in Article 3(12)
Amendment 669 #
2022/0099(COD)
Proposal for a regulation
Annex VI – paragraph 6 - note
Annex VI – paragraph 6 - note
Note: For ‘other foams’, which related to polyurethane foam and others, referred to under row 19 of Annex IV, the ‘mixture’ must be understood as the mixture of blowing agents excluding substances listed under Annex I.
Amendment 675 #
2022/0099(COD)
Proposal for a regulation
Annex VII – point 1
Annex VII – point 1
Maximum Quantity Years in tonnes CO2 equivalent 2024 – 2026 41 701 077 2027 – 2029 17 688 36029 694 719 2030 – 2032 9 132 09717 688 360 2033 – 2035 8 445 7139 132 097 2036 – 2038 6 782 2658 445 713 2039 – 2041 6 136 732782 265 2042 – 2044 5 491 199 2045 – 2047 4 845 666 2048 onwards 4 200 133 3 621 953
Amendment 101 #
2022/0047(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This Regulation complements and is without prejudice to the Union and national laws providing for the access to and enabling to use data for statistical purposes, in particular regulation 223/2009 on European Statistics and its related legal acts as well as national legal acts related to official statistics.
Amendment 109 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or embedded software, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 112 #
2022/0047(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Data generation is the result of the actions of at least two actors, the designer or manufacturer of a product and the user of that product. It gives rise to questions of fairness in the digital economy, because the data recorded by such products or related services are an important input for aftermarket, ancillary and other services. In order to realise the important economic benefits of data as a non-rival good for the economy and society, a general approach to assigning access and usage rights on data is preferable to awarding exclusive rights of access and use. However, it is also important that data sharing based on voluntary agreements continues to develop in order to facilitate the development of data-driven value growth of European companies.
Amendment 113 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, andsensor-generated data or data captured by embedded applications, and data recorded by a device without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights.
Amendment 113 #
2022/0047(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Regulation complements and is without prejudice to the Union and national laws providing for the access to and enabling to use data for statistical purposes, in particular regulation 223/2009 on European Statistics and its related legal acts as well as national legal acts related to official statistics.
Amendment 118 #
2022/0047(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Regulation complements and is without prejudice to the Union and national laws providing for the access to and enabling to use data for statistical purposes, in particular Regulation 223/2009 on European Statistics and its related legal acts as well as national legal acts related to official statistics.
Amendment 120 #
2022/0047(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate products including physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product if such data are collected. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
Amendment 126 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or embedded software, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 128 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, andsensor-generated data or data captured by embedded applications, and data recorded by a device without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights.
Amendment 132 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or embedded software, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 134 #
2022/0047(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate products including physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product if such data are collected. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
Amendment 138 #
2022/0047(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In contrast, certain products that are primarily designed to display or play content, or to record and transmit content, amongst others for the use by an online service should not be covered by this Regulation. Such products include, for example, personal computers, servers, tablets and smart phones, cameras, webcams, sound recording systems and text scanners. They require human input to produce various forms of content, such as text documents, sound files, video files, games, digital maps. Likewise defence related products as defined in Article 3(1) of Directive 2009/43 should not be covered by this Regulation.
Amendment 151 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, andsensor-generated data or data captured by embedded applications, and data recorded by a device without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights.
Amendment 156 #
2022/0047(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The user of a product should be understood as the legal or natural person, such as a business or consumer or public sector body, which has purchased, rented or leased the product on other than short- term basis. Depending on the legal title under which he uses it, such a user bears the risks and enjoys the benefits of using the connected product and should enjoy also the access to the data it generates. The user should therefore be entitled to derive benefit from data generated by that product and any related service. An owner, renter or lessee should equally be considered as user, including when several entities can be considered as users. In the context of multiple users, each user may contribute in a different manner to the data generation and can have an interest in several forms of use.
Amendment 177 #
2022/0047(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate products including physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product if such data are collected. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
Amendment 179 #
2022/0047(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Before concluding a contract for the purchase, rent, or lease of a product or the provision of a related service, clear and sufficient information should be provided to the user on how the data generated may be accessed. This obligation provides transparency over the data generated and enhances the easy access for the user. This obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to Article 12, 13 and 14 of Regulation 2016/679. The data holder cannot be expected to store the data indefinitely in view of the needs of the user of the product, but should however implement a reasonable data retention policy that allows for the effective application of the data access rights under this Regulation
Amendment 180 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processing service provider, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset. However, in order to avoid imposing overly broad obligations, a service should not be considered data processing service where enabling on- demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature is merely a minor and purely ancillary feature of another service. For example, this should not apply to online platforms within the meaning of the Digital Services Act where data storing is merely a minor and purely ancillary feature of another service such as social networks or online marketplaces
Amendment 193 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processing service provider, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset. However, in order to avoid imposing overly broad obligations, a service should not be considered data processing service where enabling on- demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature is merely a minor and purely ancillary feature of another service. For example, this should not apply to online platforms within the meaning of the Digital Services Act where data storing is merely a minor and purely ancillary feature of another service such as social networks or online marketplaces.
Amendment 209 #
2022/0047(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A third party to whom data is made available may be an enterprise, a research organisation or a not-for-profit organisation. In making the data available to the third party, the data holder nor the third party should not abuse its position to seek a competitive advantage in markets where the data holder and third party may be in direct competition. TNeither the data holder nor the third party should not therefore use any data generated by the use of the product or related service in order to derive insights about the economic situation of the data holder and third party or its assets or production methods or the use in any other way that could undermine the commercial position of the data holder or third party on the markets it is active on. Data intermediation services [as regulated by Regulation (EU) 2022/868] may support users or third parties in establishing a commercial relation for any lawful purpose on the basis of data of products in scope of this Regulation e.g. by acting on behalf of a user. They could play an instrumental role in aggregating access to data from a large number of individual users so that big data analyses or machine learning can be facilitated, as long as such users remain in full control on whether to contribute their data to such aggregation and the commercial terms under which their data will be used.
Amendment 213 #
2022/0047(COD)
3. Union law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect the applicability of Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC, including the powers and competences of supervisory authorities. Insofar as the rights laid down in Chapter II of this Regulation are concerned, and where users are the data subjects of personal data subject to the rights and obligations under that Chapter, the provisions of this Regulation shall complement the right of data portability under Article 20 of Regulation (EU) 2016/679. In the event of a conflict between this Regulation and Union law on the protection of personal data or national law adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data shall prevail.
Amendment 218 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘data generated by the use of a product or a related service’ means any data recorded intentionally by the user or as a by-product of the user’s action, as well as data generated or recorded without any action by the user among others in stand by mode or while the product is switched off. This includes sensor-generated data, data captured by embedded applications and diagnostics data.
Amendment 222 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘data generated by the use of a product or a related service’ means any data recorded intentionally by the user or as a by-product of the user’s action, as well as data generated or recorded without any action by the user among others in standby mode or while the product is switched off. This includes sensor-generated data, data captured by embedded applications and diagnostics data;
Amendment 223 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) Diagnostic data is data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions
Amendment 226 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) 'diagnostic data' is data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions;
Amendment 236 #
2022/0047(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) GThis Regulation does not prevent micro and small enterprises to participate in the data sharing practices, however given the current state of technology, it is overly burdensome to impose further design obligations in relation to products manufactured or designed and related services provided by micro and small enterprises. That is not the case, however, wWhere a micro or small enterprise is sub- contracted to manufacture or design a product. In such situations, the enterprise, which has sub-contracted to the micro or small enterprise, is able to compensate the sub-contractor appropriately. A micro or small enterprise may nevertheless be subject to the requirements laid down by this Regulation as data holder, where it is not the manufacturer of the product or a provider of related services. In order to increase the participation of micro and small enterprises in the data economy, Member States should provide digital training and guidance to such enterprises.
Amendment 241 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who: i) has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, orto make available data generated by products or related services, or ii) in the case of non-personal data and through control of the technical design of the product and related services, has the ability, to make available certain data;
Amendment 242 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who: (i) has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, orto make available data generated by products or related services, or (ii) in the case of non-personal data and through control of the technical design of the product and related services, has the ability, to make available certain data;
Amendment 246 #
2022/0047(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Any agreement concluded in business-to-business relations for making the data available should not discriminate between comparable categories of data recipients, independently whether they are large companies or micro, small or medium-sized enterprises. In order to compensate for the lack of information on the conditions of different contracts, which makes it difficult for the data recipient to assess if the terms for making the data available are non- discriminatory, it should be on the data holder to demonstrate that a contractual term is not discriminatory. It is not unlawful discrimination, where a data holder uses different contractual terms for making data available or different compensation, if those differences are justified by objective reasons. These obligations are without prejudice to Regulation (EU) 2016/679.
Amendment 253 #
2022/0047(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42 a) Such reasonable compensation may include firstly the costs incurred and investment required for making the data available. These costs can be technical costs, such as the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Such technical costs could include also the costs for processing, necessary to make data available. Costs related to making the data available may also include the costs of organising answers to concrete data sharing requests. They may also vary depending on the arrangements taken for making the data available. Long-term arrangements between data holders and data recipients, for instance via a subscription model or the use of smart contracts, could reduce the costs in regular or repetitive transactions in a business relationship. Costs related to making data available are either specific to a particular request or shared with other requests. In the latter case, a single data recipient should not pay the full costs of making the data available. Reasonable compensation may include secondly a margin. Such margin may vary depending on factors related to the data itself, such as volume, format or nature of the data, or on the supply of and demand for the data. It may consider the costs for collecting the data. The margin may therefore decrease where the data holder has collected the data for its own business without significant investments or may increase where the investments in the data collection for the purposes of the data holder’s business are high. The margin may also depend on the follow-on use of the data by the data recipient. It may be limited or even excluded in situations where the use of the data by the data recipient does not affect the own activities of the data holder. The fact that the data is co-generated by the user could also lower the amount of the compensation in comparison to other situations where the data are generated exclusively by the data holder.
Amendment 255 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which as its main feature enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;
Amendment 255 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which as its main feature enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;
Amendment 259 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
Amendment 264 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
Amendment 266 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 267 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1 b. The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder.
Amendment 273 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'official statistics' means European statistics according to Regulation 223/2009 and statistics considered official according to national legislation.
Amendment 274 #
2022/0047(COD)
i) The data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
Amendment 275 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c – point ii (new)
Article 3 – paragraph 2 – point c – point ii (new)
ii) The technical means to access the data, such as Software Development Kits or application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable the development of such means of access.
Amendment 280 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers in a non-discriminatory manner.
Amendment 281 #
2022/0047(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In situations of exceptional need, it may be necessary for public sector bodies or Union institutions, agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. Exceptional needs are circumstances which are unforeseeable and limited in time. Research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. To limit the burden on businesses, micro and small enterprises should be exempted from the obligation to provide public sector bodies and Union institutions, agencies or bodies data in situations of exceptional need.
Amendment 281 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. In case when filing a request via electronic channels is not possible or limited by a disability, the data holder shall enable other forms of request that are appropriate for persons with communication problems.
Amendment 282 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
Amendment 285 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 286 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 286 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU)2016/943.
Amendment 290 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder
Amendment 299 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 301 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) The data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
Amendment 302 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c b (new)
Article 3 – paragraph 2 – point c b (new)
Amendment 310 #
2022/0047(COD)
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third party. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU)2016/943.
Amendment 313 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers in a non-discriminatory manner.
Amendment 317 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. In case when filing a request via electronic channels is not possible or limited by a disability, the data holder shall enable other forms of request that are appropriate for persons with communication problems.
Amendment 320 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 327 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 331 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processing service provider, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset. However, in order to avoid imposing overly broad obligations, a service should not be considered data processing service where enabling on- demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature is merely a minor and purely ancillary feature of another service. For example, this should not apply to online platforms within the meaning of the Digital Services Act where data storing is merely a minor and purely ancillary feature of another service such as social networks or online marketplaces
Amendment 338 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Unless otherwise provided by Union law, including Article 6 of this Regulation, or by national legislation implementing Union law, an obligation to make data available to a data recipient shall not oblige the disclosureWhile the obligation to make data available as provided by Union law, including Articles 4(3), 5(8), Article 6 and Article 19(2) of this Regulation, or by national legislation implementing Union law, shall be effective, this Regulationshall not question the protection of trade secrets as such and that the access is only granted under measures that warrant for the protection of trade secrets within the meaning of Directive (EU) 2016/943.
Amendment 341 #
2022/0047(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) To promote the interoperability of smart contracts in data sharing applications, it is necessary to lay down essential requirements for smart contracts for professionals who create smart contracts for others or integrate such smart contracts in applications that support the implementation of agreements for sharing data. Specific training programmes on smart contracts for businesses, in particular SMEs, In order to facilitate the conformity of such smart contracts with those essential requirements, it is necessary to provide for a presumption of conformity for smart contracts that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council.
Amendment 343 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Article 8(3) shall apply accordingly.
Amendment 350 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to discriminate or hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 360 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC or which has been unilaterally imposed by an enterprise which is the source of the data they hold shall not be binding on the latter enterprise, the data recipient or user, respectively, if it is unfair.
Amendment 372 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Article 8(3) shall apply accordingly.
Amendment 380 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Union law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect the applicability of Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC, including the powers and competences of supervisory authorities. Insofar as the rights laid down in Chapter II of this Regulation are concerned, and where users are the data subjects of personal data subject to the rights and obligations under that Chapter, the provisions of this Regulation shall complement the right of data portability under Article 20 of Regulation (EU) 2016/679. In the event of a conflict between this Regulation and Union law on the protection of personal data or national law adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data shall prevail.
Amendment 381 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.; or
Amendment 382 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
Article 15 – paragraph 1 – point c – point 2 a (new)
(2 a) obtaining data is necessary for official statistics purposes;
Amendment 386 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to discriminate or hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 386 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations including official statistics purposes.
Amendment 393 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC or which has been unilaterally imposed by an enterprise which is the source of the data they hold shall not be binding on the latter enterprise, the data recipient or user, respectively, if it is unfair.
Amendment 404 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘data generated by the use of a product or a related service’ means any data recorded intentionally by the user or as a by-product of the user’s action, as well as data generated or recorded without any action by the user among others in standby mode or while the product is switched off. This includes sensor-generated data, data captured by embedded applications and diagnostics data.
Amendment 407 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) ‘diagnostic data’ means data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions;
Amendment 409 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.
Amendment 419 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. Official statistics authorities are exempted from the latter obligation.
Amendment 425 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.; or
Amendment 426 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
Article 15 – paragraph 1 – point c – point 2 a (new)
(2a) obtaining data is necessary for official statistics purposes;
Amendment 428 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations including official statistics purposes..
Amendment 431 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received. The notification should include the identity and the contact details of individuals or organisations receiving the data pursuant to paragraph 1, the purposes of data processing and the period for which the data will be stored.
Amendment 432 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. After receiving a notification based on art. 21 par. 4, the data holder has the right to object to transmitting or making available data that was received from him or her within 10 days.
Amendment 435 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure, in terms of factors on their service side, that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider. In particular, providers of data processing service shall remove commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 436 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, without prejudice to any financial commitments made by the customer regarding the service;
Amendment 437 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personalto make available certain data or can enable access to the data and through control of the technical design of the product and related services, the ability, to make available certainr means of access, in the case of non-personal data;.
Amendment 438 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services shall be clearly set out in a written contractand made available to the customer in advance of that customer accepting terms and conditions of the service priori to signing up to the service of the provider. Without prejudice to Directive (EU) 2019/770, that contracte information to be provided to the customer and the terms and conditions of the service shall include at least the following:
Amendment 440 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly byby the customer or which is uniquely relate to theat customers own usage of the service, to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall execute and provide clear information concerning:
Amendment 441 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who: (i) has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, orto make available data generated by products or related services, or (ii) in the case of non-personal data and through control of the technical design of the product and related services, has the ability, to make available certain data;
Amendment 442 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point -1 (new)
Article 24 – paragraph 1 – point a – point -1 (new)
(-1) the estimated, fastest possible in terms of factors on the side of the provider of the data processing service from which the switching is to take place, duration of the process for the customer to transition from the data processing service,including any operational, technical or organisational steps necessary for both the service provider and the customer to undertake, in order to complete the switching process;
Amendment 443 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist andance with the switching process that the provider can supply including, where technically feasible, completeion of the switching process from the provider’s side;
Amendment 444 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) any risks to continuity in the provision of the respective functions or services from the provider’s side during the switching process and commitment to make every effort on provider’s side to ensure full continuity in the provision of the respective functions or services.
Amendment 445 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 447 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘readily available data’ means data generated by the use of a product that the data holder obtains or can obtain without disproportionate effort, going beyond a simple operation;
Amendment 447 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the mandatoryprovider of the data processing service becomes aware that the estimated transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible for the provider, the provider of data processing services shall notify the customer within 714 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report justifying and indicating an alternative shortest possible transition period, which may not exceed 6 months. In accordance with paragraph 1 of this Article, full service continuity shall be ensured, where technically feasible, continue throughout the alternative transition period against reduced charges, referred to in Article 25(2) if the delay is due to factors on the side of the provider of a data processing service from which the switching is to take place.
Amendment 448 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs] onwards, providers of data processing services shall not impose any charges on the customer for the switching process., unless the process is prolonged due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 449 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X]onwards, providers of data processing services shall, before the customer signs up to the service, provide clear information in the terms and conditions of the service, about the costing parameters for mandatory operations that the provider of data processing services must perform in relation to porting and switching.
Amendment 450 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned., unless the process is prolonged due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 452 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. Official statistics authorities are exempted from the latter obligation.
Amendment 452 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that the customer, after switching to aprovide capabilities, adequate information, documentation, technical support and, where appropriate, tools, to perform porting and switching, allowing for functional equivalence in the use of the new service coveringof the same service type offered by a different provider of data processing services, enjoys functional equivalence in the use of the new service.
Amendment 453 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negativeto which normal measures for the maintenance of public safety, health and order, are plainly inadequate. such as public health emergencies, emergencies resulting from natural disasters, as well as human- induced major disasters, such as major cybersecurity incidents, negatively and suddenly affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial and immediate degradation of economic assets in the Union or the relevant Member State(s) and which is determined and officially declared according to the respective procedures under Union or national law;
Amendment 453 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generated and where technically feasible, export all data generated directly by the customer or which is uniquely related to that customers own usage of the service, including the relevant data formats and data structures, in a structured, commonly used and machine- readable format for the relevant service type.
Amendment 459 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. All switching, porting and interoperability standards or specifications, as well as implementation of all measures of this regulation, shall ensure compliance with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC,legislation on cyber security, consumer protection, product safety, trade secrets or intellectual property rights, as well as with the accessibility requirements.
Amendment 463 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which as its main feature enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;
Amendment 464 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received. The notification should include the identity and the contact details of individuals or organisations receiving the data pursuant to paragraph 1, the purposes of data processing and the period for which the data will be stored.
Amendment 466 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
Amendment 469 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure, in terms of factors on their service side, that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider. In particular, providers of data processing service shall remove commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 472 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) for specific sectoral data exchange issues related to the implementation of this Regulation, the competence of sectoral authorities shall be respected; it refers particularly to the official statistics authorities and the activity and decisions of the competent authorities designated according to paragraph 1 shall not affect their professional independence.
Amendment 475 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, without prejudice to any financial commitments made by the customer regarding the service;
Amendment 479 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20 a) official statistics means European statistics according to Regulation 223/2009 and statistics considered official according to national legislation.
Amendment 490 #
2022/0047(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4 (3) and Article 5 (8);
Amendment 495 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services shall be clearly set out in a written contract. Without prejudice to Directive (EU) 2019/770, that contractand made available to the customer in advance of that customer accepting terms and conditions of the service priori to signing up to the service of the provider. Without prejudice to Directive (EU) 2019/770, the information to be provided to the customer and the terms and conditions of the service shall include at least the following:
Amendment 498 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
Amendment 500 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly byby the customer or which is uniquely relate to theat customers own usage of the service, to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall execute and provide clear information concerning:
Amendment 505 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 507 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1 b. The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder
Amendment 507 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point -1 (new)
Article 24 – paragraph 1 – point a – point -1 (new)
(-1) the estimated, fastest possible in terms of factors on the side of the provider of the data processing service from which the switching is to take place, duration of the process for the customer to transition from the data processing service,including any operational, technical or organisational steps necessary for both the service provider and the customer to undertake, in order to complete the switching process;
Amendment 510 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist andance with the switching process that the provider can supply including, where technically feasible, complete the switching process from the provider’s side;
Amendment 515 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) any risks to continuity in the provision of the respective functions or services from the provider’s side during the switching process and commitment to make every effort on provider’s side to ensure full continuity in the provision of the respective functions or services.
Amendment 526 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c – point i (new)
Article 3 – paragraph 2 – point c – point i (new)
i) The data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
Amendment 527 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c – point ii (new)
Article 3 – paragraph 2 – point c – point ii (new)
ii) The technical means to access the data, such as Software Development Kits or application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable the development of such means of access.
Amendment 531 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 542 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the mandatoryprovider of the data processing service becomes aware that the estimated transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible for the provider, the provider of data processing services shall notify the customer within 714 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report justifying and indicating an alternative shortest possible transition period, which may not exceed 6 months. In accordance with paragraph 1 of this Article, full service continuity shall be ensured, where technically feasible, continue throughout the alternative transition period against reduced charges, referred to in Article 25(2). if the delay is due to factors on the side of the provider of a data processing service from which the switching is to take place.
Amendment 549 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs] onwards, providers of data processing services shall not impose any additional charges on the customer for the switching process. unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 555 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers in a non-discriminatory manner.
Amendment 556 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X]onwards, providers of data processing services shall, before the customer signs up to the service, provide clear information in the terms and conditions of the service, about the costing parameters for mandatory operations that the provider of data processing services must perform in relation to porting and switching.
Amendment 564 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. In case when filing a request via electronic channels is not possible or limited by a disability, the data holder shall enable other forms of request that are appropriate for persons with communication problems.
Amendment 566 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 568 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned. unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 575 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken in advance to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU) 2016/943.
Amendment 578 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that the customer, after switching to aprovide capabilities, adequate information, documentation, technical support and, where appropriate, tools, to perform porting and switching allowing for functional equivalence in the use of the new service coveringof the same service type offered by a different provider of data processing services, enjoys functional equivalence in the use of the new service.
Amendment 588 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The user shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product that competes with the product, or any part of it, from which the data originate and shall not use such data to derive insights about the economic situation, assets and production methods that could undermine the security of the product in a manner which is detrimental to the legitimate interests of the data holder.
Amendment 590 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generatedand where technically feasible, export all data generated directly by the customer or which is uniquely relate to that customers own usage of the service, including the relevant data formats and data structures, in a structured, commonly used and machine- readable format. for the relevant service type.
Amendment 604 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a product or related service to a third party, without undue delayhat are readily available to the data holder to a third party, without undue delay, easily, securely in machine- readable format, free of charge to the user, of the same quality as is available to the data holder and, where applicable, continuously and in real-time. subject to compliance with applicable laws to the outsourcing of data driven services. Data shall be provided in the form in which they have been generated by the product, with only the minimal adaptations necessary to make them useable by a third party, including related metadata necessary to interpret and use the data.
Amendment 615 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 624 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The user or third party shall not be required to provide any information beyond what is necessary to verify the quality as user or as third party pursuant to paragraph 1. The data holder shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the third party’s access request and for the security and the maintenance of the data infrastructure. When giving access to trade secrets, the identity of the data recipient and the scope of data must be disclosed to the data holder for an evaluation of trade secret related risk.
Amendment 641 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third party. The data holder shall therefore be entitled to implement technical or organizational measures, such as strict access protocols, to preserve the confidentiality of the shared data. The trade secret holder should have the possibility to refuse this sharing, when these guarantees are not ensured or respected ex-ante.
Amendment 643 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third party. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU) 2016/943.
Amendment 648 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. All switching, porting and interoperability standards or specifications, as well as implementation of all measures of this regulation, shall ensure compliance with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC,legislation on cyber security, consumer protection, product safety, trade secrets or intellectual property rights, as well as with the accessibility requirements.
Amendment 651 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) for specific sectoral data exchange issues related to the implementation of this Regulation, the competence of sectoral authorities shall be respected;. It refers particularly to the official statistics authorities and the activity and decisions of the competent authorities designated according to paragraph 1shall not affect their professional independence.
Amendment 654 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) use the data it receives for the profiling of natural persons within the meaning of Article 4(4) of Regulation (EU) 2016/679, unless it is necessary to provide the service requested by the user or the user agreed to it;
Amendment 669 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
(f a) use the data it receives to undermine the commercial and industrial position of the data holder on the primary market of the product;
Amendment 670 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f b (new)
Article 6 – paragraph 2 – point f b (new)
(f b) use the data it receives in a manner that adversely impacts the security of the product or related service(s)
Amendment 674 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The third party shall bear the responsibility to ensure the security and protection of the data it receives from the data holder.
Amendment 692 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Unless otherwise provided by Union law, including Article 6 of this Regulation, or by national legislation implementing Union law, an obligation to make data available to a data recipient shall not oblige the disclosureWhile the obligation to make data available as provided by Union law, including Articles 4(3), 5(8), Article 6 and Article 19(2) of this Regulation, or by national legislation implementing Union law, shall be effective, this Regulation shall not question the protection of trade secrets as such and that the access is only granted under measures that warrant for the protection of trade secrets within the meaning of Directive (EU) 2016/943.
Amendment 706 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Article 8(3) shall apply accordingly.
Amendment 708 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, and the data holder is not, any compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. Article 8(3) shall apply accordingly.
Amendment 720 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1). The third party shall upon the request of the user or the data holder provide with information on how the data has been used when there is a reasonable doubt for unlawful use or onward sharing of the received data.
Amendment 725 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to discriminate or hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 727 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. AWhere a data recipient that has, for the purposes of obtaining data, provided inaccurate, incomplete or false information to the data holder, deployed deceptive or coercive means or abused evident gaps in the technical infrastructure of the data holder designed to protect the data, has used the data made available for unauthorised purposes or has disclosed those data to another party without the data holder’s authorisation, shall without undue delay, unless the data holder or the user instruct otherwise, including the development of a competing product within the meaning of Article 6(2)(e) or has disclosed those data to another party without the data holder’s authorisation, the data recipient shall be liable for the damages to the party suffering from the misuse or disclosure of such data and shall comply without undue delay with the requests of the data holder to:
Amendment 733 #
2022/0047(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. The obligations set out in this Regulation do not preclude a reciprocity of data sharing between a data recipient, user and data holder agreed in contracts.
Amendment 739 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC or which has been unilaterally imposed by an enterprise which is the source of the data they hold shall not be binding on the latter enterprise, the data recipient or user, respectively, if it is unfair.
Amendment 752 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 8 a (new)
Article 13 – paragraph 8 a (new)
8 a. Given the rapidity in which innovations occur on the markets, the list of unfair contractual terms within article 13 shall be reviewed regularly by the European Commission and be adapted to new business practices if necessary
Amendment 794 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.; or
Amendment 795 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
Article 15 – paragraph 1 – point c – point 2 a (new)
(2 a) obtaining data is necessary for official statistics purposes;
Amendment 801 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations including official statistics purposes.
Amendment 825 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e a (new)
Article 17 – paragraph 1 – point e a (new)
(e a) ensure that making the data available would not put the data holder in a situation to violate a national under Union law or national law. Or, assume liability for violations or damages resulting from the access it has requested while making the data available was prohibited under Union law or national law;
Amendment 832 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e b (new)
Article 17 – paragraph 1 – point e b (new)
(e b) commits that confidentiality of trade secrets disclosure will be ensured.
Amendment 841 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) respect the legitimate aims of the data holder, taking into account the protection of trade secrets and the, privacy, commercial sensitive information, intellectual property and the duration, cost and effort required to make the data available;
Amendment 847 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) concern, insofar as possible, non- personal data;
Amendment 876 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification of the request within 15 working days following the receipt of a request for the data necessary to respond to a public emergency and within 145 working days in other cases of exceptional need, on either of the following grounds:
Amendment 878 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the data is unavailable; or the data holder does not have control over the data
Amendment 879 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a a (new)
Article 18 – paragraph 2 – point a a (new)
(a a) provided security measures concerning transfer, storing and maintaining data confidentiality are insufficient.
Amendment 884 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.
Amendment 894 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) not use the data in a manner incompatible with the purpose for which they were requested, nor use the date to develop products or related services that compete against the data holder;
Amendment 896 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 901 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
Article 19 – paragraph 1 – point b a (new)
(b a) have in place the appropriate and proportionate technical and organisational measures to manage cyber risk to that data;
Amendment 905 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. Official statistics authorities are exempted from the latter obligation.
Amendment 909 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Disclosure of data constitutive of trade secrets or alleged trade secrets to a public sector body or to a Union institution, agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. In such a case, provided that all specific necessary measures required by the trade secret holder are taken to preserve the confidentiality of trade secrets, in particular with respect to the third parties. The trade secret holder, the data holder and the public sector body, or the Union institution, agency or body shall take appropriatecan contractually agree on measures to preserve the confidentiality of those trade secretse shared data, in particular in relation to third parties. The trade secret holder should have the possibility to refuse this sharing, when these guarantees are not ensured or respected ex-ante.
Amendment 945 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received. The notification should include the identity and the contact details of individuals or organisations receiving the data pursuant to paragraph 1, the purposes of data processing and the period for which the data will be stored.
Amendment 946 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. After receiving a notification based on Article 21(4), the data holder has the right to object to transmitting or making available data that was received from him or her within 10 days.
Amendment 953 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure, in terms of factors on their service side, that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider. In particular, providers of data processing service shall remove commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 958 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, without prejudice to any financial commitments made by the customer regarding the service;
Amendment 962 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services shall be clearly set out in a written contractand made available to the customer in advance of that customer accepting terms and conditions of the service priori to signing up to the service of the provider. Without prejudice to Directive (EU) 2019/770, that contracte information to be provided to the customer and the terms and conditions of the service shall include at least the following:
Amendment 963 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly byby the customer or which is uniquely relate to theat customers own usage of the service, to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall execute and provide clear information concerning:
Amendment 966 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point -1 (new)
Article 24 – paragraph 1 – point a – point -1 (new)
(-1) the estimated, fastest possible in terms of factors on the side of the provider of the data processing service from which the switching is to take place, duration of the process for the customer to transition from the data processing service, including any operational, technical or organisational steps necessary for both the service provider and the customer to undertake, in order to complete the switching process;
Amendment 968 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist andance with the switching process that the provider can supply including, where technically feasible, completeion of the switching process from the provider’s side;
Amendment 970 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) any risks to continuity in the provision of the respective functions or services from the provider’s side during the switching process and commitment to make every effort on provider’s side to ensure full continuity in the provision of the respective functions or services.
Amendment 975 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 981 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the mandatoryprovider of the data processing service becomes aware that the estimated transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible for the provider, the provider of data processing services shall notify the customer within 714 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report justifying and indicating an alternative shortest possible transition period, which may not exceed 6 months. In accordance with paragraph 1 of this Article, full service continuity shall be ensured, where technically feasible, continue throughout the alternative transition period against reduced charges, referred to in Article 25(2) if the delay is due to factors on the side of the provider of a data processing service from which the switching is to take place.
Amendment 982 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs] onwards, providers of data processing services shall not impose any additional charges on the customer for the switching process., unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 984 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X] onwards, providers of data processing services shall, before the customer signs up to the service, provide clear information in the terms and conditions of the service, about the costing parameters for mandatory operations that the provider of data processing services must perform in relation to porting and switching.
Amendment 988 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned. unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 992 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that the customer, after switching to aprovide capabilities, adequate information, documentation, technical support and, where appropriate, tools, to perform porting and switching, allowing for functional equivalence in the use of the new service coveringof the same service type offered by a different provider of data processing services, enjoys functional equivalence in the use of the new service.
Amendment 998 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generated and where technically feasible, export all data generated directly by the customer or which is uniquely relate to that customers own usage of the service, including the relevant data formats and data structures, in a structured, commonly used and machine- readable format for the relevant service type.
Amendment 1039 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission may, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this Article. To address the fragmentation of the internal market and the data economy in the internal market, as requested by the regulation (EU) 2022/868, the European Data Innovation Board should also assist the Commission enhancing cross-border, cross- sector interoperability of data as well as data sharing services between different sectors and domains.
Amendment 1066 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. All switching, porting and interoperability standards or specifications, as well as implementation of all measures of this regulation, shall ensure compliance with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC, legislation on cyber security, consumer protection, product safety, trade secrets or intellectual property rights, as well as with the accessibility requirements.
Amendment 1099 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) for specific sectoral data exchange issues related to the implementation of this Regulation, the competence of sectoral authorities shall be respected; It refers particularly to the official statistics authorities and the activity and decisions of the competent authorities designated according to paragraph 1 shall not affect their professional independence.
Amendment 1151 #
2022/0047(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4(3) and Article 5(8);
Amendment 35 #
2021/2013(INI)
Motion for a resolution
Recital A
Recital A
A. whereas health is fundamental to the well-being of Europeans and equitable access to healthcare is a pillar of the EU; whereas safe, affordable medicines are needed to combat all diseases; whereas patients should be at the centre of all health policies, alongside investment and research, and in every aspect of the medicine regulatory lifecycle;
Amendment 51 #
2021/2013(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the disruption of the global supply chain ensuing from the COVID-19 pandemic has highlighted the EU’s dependency on third countries in the health sector; whereas the EU's open strategic autonomy and security of supply should be ensured by diversification of supply chains for essential medicines and medicinal products, including European manufacturing sites, as well as by applying public procurement rules that should not consider price as the sole criterion;
Amendment 91 #
2021/2013(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas a competitive and resilient European research-based pharmaceutical industry is more responsive to patients’ needs and to strategic interest for public health, economic growth, jobs, trade, and scientific and technological progress;
Amendment 149 #
2021/2013(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the importance of improving patients and healthcare professionals’ education on medicines by setting up a dedicated Europe-wide online resource centre;
Amendment 150 #
2021/2013(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes the upcoming creation of the European Health Emergency Preparedness and Response Authority (HERA) and calls for the allocation of sufficient resources and power autonomy to broadly address all the cross-borders threats to health that EU could face in the middle term and beyond the sole COVID- 19 pandemic, including resources for the development of new therapeutics against viral and bacterial pathogens;
Amendment 175 #
2021/2013(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers the serious and constantly increasing risks of AMR to public health, environment, food production, and economic growth; recognises the value of public health campaigns aimed at the prevention of infections using vaccines;
Amendment 207 #
2021/2013(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to incorporate new criteria into the system of incentives for research into and the development of new medicines for unmet therapeutic needs, prioritising projects promoted by the pharmaceutical industry combating rare diseases, paediatric cancers (especially to incentivise First-in-Child development of paediatric anticancer medicines), neurodegenerative diseases and AMR, with the aim of finding more therapeutic options and meeting the needs of patients and health systems; calls on the Commission to promote the creation of an EU framework to guide and regularly evaluate the implementation of national plans to fight these diseases;
Amendment 247 #
2021/2013(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to promote dialogue with the Member States and stakeholders to assess new criteria for national pricing, such as whether a product is ‘Made in Europe’, whether the EU invested in the product to support research, or whether prices should be adapted to the value of the therapeutic benefit of the medicine, or whether it is a generic or biosimilar medicine, and the primary and broader needs of the population;
Amendment 256 #
2021/2013(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to apply public procurement rules that should not consider price as the sole and main selection criterion;
Amendment 310 #
2021/2013(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that cost savings generated from the use of biosimilars should be reinvested in a transparent and tangible way; calls on the European Commission to encourage Member States to support the transparent practices of biosimilar-related cost savings; calls on the European Commission to facilitate arrangements such as gainsharing programmes;
Amendment 319 #
2021/2013(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the Commission to ensure that EU funding for biomedical research and development includes clauses that contribute to the availability and affordability of final products;
Amendment 330 #
2021/2013(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the fact that the Commission will launch a pilot project to better understand the root causes of the delayed arrival of medicines on the market; further welcomes the fact that the Commission will continue to monitor mergers between pharmaceutical companies to avoid distortions of competition; stresses the need to reduce medicine approval times, setting a time limit for approval at national level, and align them with European Medicines Agency (EMA) times, in order to ensure rapid and equal access to medicines for everyone in the EU;
Amendment 339 #
2021/2013(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the benefits of public- private partnership tenders for national health systems in funding research into and the production of innovative medicines, only if driven by public interest considerations;
Amendment 398 #
2021/2013(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to create a High-Level Forum on Better Access to Medicines to identify multi-stakeholder solutions to introducing new health technologies that can broaden access, reduce delays and mitigate the impact of shortages;
Amendment 422 #
2021/2013(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Insists that a competitive EU pharmaceutical industry is strategic and more responsive to patients’ needs; points out that the industry needs a stable, flexible and agile regulatory environment; believes that it can thrive globally with a clear, robust and efficient intellectual property system; welcomes the initiative to build interoperable digital infrastructure for the European Health Data Space, which will integrate data from real-world evidence;
Amendment 434 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission to expand the role of EMA in the assessment of drug-device/diagnostic combination products to simplify the fragmented supervisory framework; believes that greater regulatory agility and efficiency can be achieved by adopting a more expertise-driven scientific assessment on marketing authorisations within the European Medicines Agency(EMA);
Amendment 459 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Calls on the Commission to legitimise EMA’s PRIME scheme and include a PRIME designation in the legislative framework;
Amendment 463 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Calls on the Commission to facilitate assessment processes that allow for early and iterative dialogue on data and evidence as they are generated; calls on the EMA and national medicine agencies to prioritise the submission of data from randomised controlled clinical trials that compare an investigational medicine against the standard treatment;
Amendment 471 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Requests the Commission to work with Member States to reduce fragmentation in the application of the General Data Protection Regulation, which substantially increases the complexity and burden of conducting clinical research in Europe;
Amendment 476 #
2021/2013(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12 e. Notes that decisions taken regarding the EU's pharmaceutical regulatory environment will have implications beyond Europe's borders, given that several third countries recognize and rely on EU requirements, particularly when it comes to the facilitation of exports and the waiving of requirements to test these in third countries when they come from the EU; therefore emphasizes the importance of maintaining such mutual recognition agreements with third countries and ensuring that these remain up to date;
Amendment 519 #
2021/2013(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the fact that gene and cell therapies, personalised medicine, nanomedicines and nanotechnology, next- generation vaccines, including the m-RNA derivatives, e-health and the ‘Million plus genomes’ initiative can bring enormous benefits in relation to the prevention, diagnosis, treatment and post-treatment of all diseases; urges the Commission to develop appropriate regulatory frameworks, to guide new business models, and to run information campaigns to raise awareness and encourage the use of these innovations;
Amendment 524 #
2021/2013(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recognises that ATMPs are fundamentally different from traditional pharmaceuticals as they address the root causes of disease and that their fundamental durability and potential curative nature can allow them to be the future of medicine; acknowledges that regulatory bodies such as the EMA are set to review and approve dozens of ATMPs over the coming years, underlining the need for the Commission to establish in addition to its ATMP Action Plan a robust regulatory landscape that facilitates access for all the eligible European patients, and to continue to build on Europe’s position as a major player in ATMPs in order for Europe to remain globally competitive in ATMP development;
Amendment 527 #
2021/2013(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to establish a coordinating body to facilitate cross-border treatments and to ensure that patients across Europe enjoy equitable access to innovative therapies; urges the Commission to work with the EMA to create a one-stop-shop for ATMP developers to seek guidance and communication on their applications;
Amendment 528 #
2021/2013(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Calls on the Commission to establish a regulatory framework for nanomedicines and nanosimilars, and calls for these products to be approved through a compulsory centralised procedure;
Amendment 618 #
2021/2013(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Supports the Commission in its efforts to conduct a structured dialogue with players in the pharmaceutical value chain, public authorities, non-governmental patient and health organisations and the research community to address the root causes of shortages of medicines and the weaknesses in the global medicines manufacturing and supply chain;
Amendment 659 #
2021/2013(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the need for the pharmaceutical industry to be environmentally friendly and climate- neutral throughout the life cycles of medicinal products; calls on the Commission to strengthen inspection and auditing throughout the production chain, particularly outside the EU; urges the Commission to ensure quality environmental sustainability standards for active pharmaceutical ingredients imported from non-EU countries; calls on the Commission to address the problem of domestic pharmaceutical waste, with measures to reduce packaging and the size of containers to ensure they are no larger than necessary, and to bring medical prescriptions into line with real therapeutic needs; notes that the creation of electronic systems of information and identification of packaging would be an effective way to reduce it; acknowledges steps taken already by the pharmaceutical industry like, for example, the Eco-Pharmaco- Stewardship initiative;
Amendment 71 #
2020/2071(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas drug shortages may lead to possible delays in the treatment of patients, the need to switch to alternative treatments that may be less effective, and may have side effects and even put patients’ lives at risk;
Amendment 292 #
2020/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to take whatever action is needed to restore European health sovereignty and local pharmaceutical manufacturing, giving priority to essential and strategic medicines; calls on the Commission to map out potential and existing production sites in the EU;
Amendment 297 #
2020/2071(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission and the Member States to jointly identify, assess and eliminate the causes of drug shortages; calls for an ambitious EU plan to prevent drug shortages, expressed in short-, medium- and long-term strategies, which will aim to stimulate competition and investment in production, and will strengthen security of supply in order to guarantee sustainable and equal access to medicines;
Amendment 344 #
2020/2071(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission and the Member States to introduce tax and financial incentives in return for appropriate commitments and to authorise state aid to encourage producers to locate their operations in Europe, from compound manufacturing to packaging and distribution; emphasises the strategic significance of this sector and the importance of investing in European companies, in the interests of resource diversification; notes that all incentives should include explicit safeguards, such as information on the level of public contribution, and accessibility clauses to ensure equal access to medicines at a fair price;
Amendment 416 #
2020/2071(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to create one or more European non-profit pharmaceutical undertakings which operate in the public interest to manufacture priority medicines of strategic importance for health care; sStresses the key contribution that can be made by new technologies and artificial intelligence in enabling European laboratory researchers to form networks and share their objectives and findings;
Amendment 503 #
2020/2071(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recommends the introduction of centralised management, under the auspices of the European Medicines Agency (EMA), to bring about greater transparency in the distribution chain and the creation of a European supply management unit tasked with developing a European strategy to prevent and resolve breaks in supply;
Amendment 574 #
2020/2071(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to adopt a joint definition of ‘medicines of strategic importance for health care’ and of ‘criticality’, emphasising the value of these medicines for public health, the lack of alternatives and the vulnerability of the production chain; calls for a European regulatory authority to be designated to carry out the task of setting quotas for the allocation of medicines from that reserve to the Member States, and which would have, in strictly defined situations, the ability to purchase medicines and distribute them to the Member States;
Amendment 594 #
2020/2071(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission and Member States to develop innovative and coordinated strategies and to step up exchanges of good practice in the area of stock management; considers that the European Medicines Agency (EMA) could be designated as the regulatory authority tasked with preventing shortages of essential medicines, with a correspondingly wider remit and more staff; feels that better and closer cooperation is needed on medicine shortages between national agencies and the EMA;
Amendment 644 #
2020/2071(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to set up an innovative centralised digital platform for reporting, notifying and sharing information provided by national agencies and all stakeholders regarding shortages of medicines and medical equipment; stresses that this platform should be effective, easy to use, secure and transparent; welcomes the introduction by the EMA of the SPOC and i-SPOC systems; calls for existing information systems to be improved so as to provide a clear overview of difficulties, shortages and requirements in each Member State, with a view to preventing stockpiling; calls on the Commission and the Member States to establish a standardised early-warning system at national and EU level, strengthening the obligations of pharmaceutical companies to immediately report any interruption in the supply of medicines;
Amendment 677 #
2020/2071(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. CNotes that doctors must have access to up-to-date information on the availability of medicines in order to be able to respond appropriately to emerging and existing shortages; stresses that early awareness of the supply problem and the early identification of potential therapeutic alternatives may mitigate the possibility of adverse reactions that endanger patient safety; considers it essential to improve communication with healthcare professionals and patients on medicine availability through the use of innovative digital tools providing real-time data on the availability, location, quantity and price of a given medicine, in compliance with data protection legislation;
Amendment 166 #
2020/2022(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers that greater regulatory clarity and dialogue with stakeholders is needed to encourage information society service providers to engage in additional voluntary activities to moderate their content in accordance with the law;
Amendment 181 #
2020/2022(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that user-oriented actions (so-called 'targeting') is an area that requires careful supervision; points out that this practice has been included in GDPR and should be properly enforced across the EU before new legislation is considered;
Amendment 183 #
2020/2022(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on all digital actors to comply with the disclosure rules required under the GDPR, including as regards the collection and recording of users' choices and the transmission of those users' choices to technology partners before the processing of personal data;
Amendment 4 #
2020/2017(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that the use of AI in the education, culture and audiovisual sectors shouldmust respect fundamental rights, freedoms and values as enshrined in the EU Treaties and the Charter of Fundamental Rights of the European Union; welcomes the Commission’s White Paper on Artificial Intelligence in this regard, and invites the Commission to include the educational sector in the regulatory framework for high-risk AI applications;
Amendment 22 #
2020/2017(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that AI-powered education brings a wide range of possibilities and opportunities, while at the same time posing risks regarding equalparticularly in terms of facilitating access to educinformation, and learning equalities well as improving research methods; calls for the non-discriminatory use of AI in the education sector; recalls the risks and discrimination arising from recently developed AI tools used for school admission and calls for them to be rectified as soon as possible;
Amendment 56 #
2020/2017(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that AI tools have the potential to fight illegal content online, but strongly recalls, ahead of the Digital Services Act expected for the end of this year, that such tools should alwaysmust respect fundamental rights, especially freedom of expression, and should not lead to a general monitorpersistent tracking of the internet users;
Amendment 253 #
2020/0102(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Non-communicable diseases are a result of a combination of genetic, physiological, environmental and behavioural factors. Such non- communicable diseases as cardiovascular diseases, cancer, neurological disorders, chronic respiratory diseases, and diabetes, represent major causes of disability, ill- health, health- related retirement, and premature death in the Union, resulting in considerable social and economic impacts. To decrease the impact of non- communicable diseases on individuals and society in the Union and reach goal 3 of the Sustainable Development Goals, Target 3.4, to reduce premature mortality from non- communicable diseases by one third by 2030, it is key to provide an integrated response focusing on prevention across sectors and policy fields, combined with efforts to strengthen health systems.
Amendment 302 #
2020/0102(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Cancer is the second leading cause of mortality in the Member States after cardiovascular diseases. It is also one of non-communicable diseases that share common risk factors and the prevention and control of which would benefit the majority of citizens. In 2020 the Commission announced the ‘Europe’s Beating Cancer Plan’ which would cover the entire cycle of the disease starting from prevention and early diagnosis to treatment and quality of life of patients and survivors. The measures should benefit from the Programme and from Horizon Europe’s Mission on Cancer. The actions on cancer should also address its common, shared risk factors and synergies with other major non- communicable diseases, such as neurological disorders, and consider devising a template for other major disease areas.
Amendment 449 #
2020/0102(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) protect people in the Union from serious cross-border threats to health, including measures to support health promotion and disease prevention, reduce health inequalities, and improve physical and mental health;
Amendment 470 #
2020/0102(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) improve the availability in the Union of medicines, medical devices and other crisis relevant products, contribute to their affordability, promote their safe use, and intensify and support innovation;
Amendment 564 #
2020/0102(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 6
Article 4 – paragraph 1 – point 6
(6) support action for the surveillance, prevention, diagnosis and treatment and care of non-communicable diseases, and notably of cancer, cardiovascular disease, chronic respiratory disease, diabetes, neurological disorders and mental health conditions;
Amendment 834 #
2020/0102(COD)
Proposal for a regulation
Annex I – point g – point xiii a (new)
Annex I – point g – point xiii a (new)
(xiiia.)Support the Member States in ensuring continuity of care and treatment, in particular for chronic conditions.
Amendment 913 #
2020/0102(COD)
Proposal for a regulation
Annex I – point h – point x a (new)
Annex I – point h – point x a (new)
(xa.) Actions to support addressing common, shared risk factors and synergies that cancer has with other major non-communicable diseases, such as neurological disorders.
Amendment 956 #
2020/0102(COD)
Proposal for a regulation
Annex I – point i – point v a (new)
Annex I – point i – point v a (new)
(va.) Create favourable conditions for significant patient and social engagement with clinical research;
Amendment 193 #
2020/0006(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) EU state aid rules must be flexible if eligible regions in transition are to attract private investment. When drafting the new guidelines, the Commission should therefore also take into account the problems of structural change in the regions concerned, in order to ensure that these regions are given sufficient flexibility to carry out their projects in a socially and economically viable manner.
Amendment 195 #
2020/0006(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) Support for productive investment in enterprises other than SMEs through the Just Transition Fund should not be limited to the areas eligible for State aid under the applicable State aid rules pursuant to Article 107(3)(a)and (c) TFEU. On the contrary, State aid rules should allow all regions receiving assistance through the JTF to effectively address the threat of job losses at an early stage. This should also be ensured by adapting the general block exemption Regulation accordingly;
Amendment 196 #
2020/0006(COD)
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12c) The areas most affected by the transition to a climate-neutral economy should be given the opportunity to actively address the associated structural change as early as possible. This requires adjustments to state aid law, e.g. through a new guideline of the European Commission on the basis of Article 107 (3) (b) or (c)TFEU, so that it is ensured that aid is permissible under the applicable rules regardless of the status of the assisted regions;
Amendment 242 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio-economic challenges deriving from the transition process towards a climate-neutral economy of the Union by 2050. Support shall also be provided to at least all coal mining territories in the EU, where coal is still harvested and to territories where important structural changes take place after phasing out mining activities.
Amendment 282 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 718.5 billion in 2018 prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 288 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 718.5 billion in 2018 prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 355 #
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, district heating networks and renewable energy;
Amendment 448 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEUthe respective territories, productive investments in enterprises other than SMEs, provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (h) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
Amendment 479 #
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 except for natural gas high efficiency co- generation combined with district heating;;
Amendment 528 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shallmay comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount. The transfer of money from the ERDF and ESF+ to the JTF has to be excluded.
Amendment 602 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Territorial just transition plans where possible shall be consistent with the territorial strategies referred to in Article [23] of Regulation (EU) [new CPR], with relevant smart specialisation strategies, the NECPs and the European Pillar of Social Rights.
Amendment 660 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) the allocations resulting from the application of point (a) are adjusted to ensure that no Member State receives an amount exceeding EUR 2 billion. The amounts exceeding EUR 2 billionor 30% of total budget of the Fund whichever amount is greater. The amounts exceeding EUR 2 billion or 30% of total budget of the Fund per Member State are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly;
Amendment 21 #
2019/2975(RSP)
Citation 5
— having regard to the Concluding Observations of the UN Committee on the Rights of Persons with Disabilities (UNCRPD Committee) of 2 October 2015 on the initial report of the European Union, including those on the European Union institutions’ compliance with the Convention as public administrations,
Amendment 63 #
2019/2975(RSP)
Citation 28 a (new)
- having regard to the exploratory opinion of the European Economic and Social Committee requested by the European Parliament on the situation of women with disabilities,
Amendment 65 #
2019/2975(RSP)
Citation 28 b (new)
- having regard to the European Ombudsman’s strategic inquiries into how the European Commission ensures that persons with disabilities can access its websites (OI/6/2017/EA), how the European Commission treats persons with disabilities under the Joint Sickness Insurance Scheme for EU staff (OI/4/2016/EA) and the Decision in the joint inquiry in cases 1337/2017/EA and 1338/2017/EA on the accessibility for visually impaired candidates of selection procedures to recruit EU civil servants, organised by the European Personnel Selection Office,
Amendment 71 #
2019/2975(RSP)
Recital A
A. whereas, as full citizens, all persons with disabilities have equal rights in all fields of life (including access to open labour market and education) and are entitled to inalienable dignity, equal treatment, independent living, autonomy and full participation in society, respecting and valuating their input to social and economic progress of Europe;
Amendment 110 #
2019/2975(RSP)
Recital G a (new)
Amendment 144 #
2019/2975(RSP)
Paragraph 1
1. Aacknowledges the advancement in the implementation of the UNCRPD brought about by the European Disability Strategy 2010-2020; and calls on the Commission to continue the work by building upon and integrating what has been achieved and by upscaling the presentits commitment to the rights of persons with disabilities through the Strategy;
Amendment 162 #
2019/2975(RSP)
Paragraph 2 – indent 1
- with clearly designated priority areas covering all the provisions of the UNCRPD in all areas of EU policy and addressing the Concluding Observations of the UNCRPD Committee adopted in 2015,
Amendment 174 #
2019/2975(RSP)
Paragraph 2 – indent 4
- reflecting the diversity of persons with disabilities and their needs,
Amendment 187 #
2019/2975(RSP)
Paragraph 2 – indent 5
- mainstreaming the rights of the childrenpersons with disabilities into all policies and areas,
Amendment 194 #
2019/2975(RSP)
Paragraph 2 – indent 5 a (new)
- giving special attention to wellbeing and equal opportunities for children with disabilities inter alia via ensuring unreserved access to childcare and education and supporting families with children with disabilities,
Amendment 210 #
2019/2975(RSP)
Paragraph 2 – indent 8
- allocating an adequate budget for the implementation of the post-2020 Strategy; and ensuring continuity of financing in the New Multiannual Financial Framework,
Amendment 213 #
2019/2975(RSP)
Paragraph 2 – indent 8 a (new)
- recognising and addressing the multiple and intersectional forms of discrimination they may face,
Amendment 217 #
2019/2975(RSP)
Paragraph 2 – indent 8 b (new)
- accelerating work on mutual recognition of disability status between EU Member States in all areas,
Amendment 218 #
2019/2975(RSP)
Paragraph 2 – indent 8 c (new)
- implementing the EU Disability Card to all EU Member States to ensure recognition of disability while moving across the EU and secure freedom of movement, access to culture, education and work for people with disabilities,
Amendment 219 #
2019/2975(RSP)
Paragraph 2 – indent 8 d (new)
Amendment 220 #
2019/2975(RSP)
Paragraph 2 – indent 8 e (new)
- acknowledging the evolution of new technologies and its potential for persons with disabilities including ICT applications,
Amendment 221 #
2019/2975(RSP)
Paragraph 2 – indent 8 f (new)
- supporting independent living programmes especially for people with intellectual disabilities by promoting supported employment and supported housing;
Amendment 222 #
2019/2975(RSP)
Paragraph 2 – indent 8 g (new)
- targeting adult people with disabilities with a special attention to the intellectually disabled and their future after the death of the attendant;
Amendment 238 #
2019/2975(RSP)
Paragraph 3 a (new)
3 a. Calls the Commission to ensure the inclusion of a gender-based and intersectional approach to combat the multiple forms of discrimination faced by women and girls with disabilities, and urges the European Union and those Member States which have not done so already to accede to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
Amendment 245 #
2019/2975(RSP)
Paragraph 3 b (new)
3 b. Calls for the post 2020 Strategy to set out an interinstitutional structure to oversee its implementation; urges that Disability Focal Points be present in all Commission Directorates General and agencies and in all EU institutions, with the central Focal Point located within the Commission’s General Secretariat; stresses that an interinstitutional mechanism exist to ensure collaboration between the Commission, the Parliament and the Council, with their respective Presidents meeting at the start of each mandate;
Amendment 252 #
2019/2975(RSP)
Paragraph 4
4. Calls on the Commission to prepare the post-2020 Strategy with the close and systematic involvement of persons with disabilities and of their representative organisations, and to ensure their accessible and meaningful participation in the preparation, implementation, monitoring and evaluation of the post-2020 Strategy also through funding their capacity-building;
Amendment 291 #
2019/2975(RSP)
Paragraph 7
7. Calls on the Commission to systematically mainstream the rights of persons with disabilities in all the relevant EU laws, policies and programmes; urges the full integration of the disability-rights perspective in the Gender Equality Strategy, the Youth Guarantee, the Green New Deal, the Child Guarantee and the forthcoming Green paper on Ageing, and stresses the need for a Disability Rights Guarantee to assist persons with disabilities into employment, traineeships, job placements and further education;
Amendment 309 #
2019/2975(RSP)
Paragraph 7 a (new)
7 a. Stresses the fact that people with disabilites are more exposed to the risk of poverty and social exclusion than those without;
Amendment 316 #
2019/2975(RSP)
Draft motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to safeguard the UNCRPD-compliant use of EU funds and to ensure that EU funds will not contribute to the construction or refurbishment of institutional care settings nor invest in structures that are inaccessible to persons with disabilities. Furthermore, funds should actively be invested in research to develop better and more affordable assistive technology for persons with disabilities and towards increasing the participation of persons with disabilities in all EU funded programmes;
Amendment 337 #
2019/2975(RSP)
Paragraph 8 a (new)
Amendment 362 #
2019/2975(RSP)
Paragraph 9
9. Calls on the Commission and Member States to develop a comprehensive campaign in accessible format with engagement of media to raise awareness of the UN CRPD, rights and needs of persons with disabilities as well as barriers they face among the persons with disabilities and the society in general;
Amendment 393 #
2019/2975(RSP)
Paragraph 10 a (new)
10 a. Calls on the European Commission to ensure that the Strategy includes the end of violence against persons with disabilities as one of its main objectives, paying particular attention to gender-based violence, including forced sterilisation, forced institutionalisation, forced treatment and violence;
Amendment 402 #
2019/2975(RSP)
Paragraph 10 b (new)
10 b. Urges the Commission and the Member States to make the EU a leader in promoting the rights of persons with disabilities, including marginalised groups with disabilities, such as women and girls with disabilities, through its external action;
Amendment 437 #
2019/2975(RSP)
Paragraph 12 a (new)
12 a. Calls on the Commission to include a section on European Union institutions as public administrations to ensure that they comply with the UN CRPD in all respects, which includes making available the necessary resources, focal points, coordination mechanisms, internal policies, accessible infrastructure such as buildings, communications (including in sign language and Braille), websites and ICT applications, as well as permanent mechanisms to consult actively and effectively with representative organisations of persons with disabilities, positive actions and anti-discrimination safeguards that are necessary for the successful implementation of the Strategy and of the CRPD both in the EU at large as well as within the EU institutions and agencies;
Amendment 447 #
2019/2975(RSP)
Paragraph 12 a (new)
12 a. Calls on all Member States to develop their own national disability strategies for promoting disability equality mainstreaming and address the implementation of the UN CRPD;
Amendment 130 #
2019/2816(RSP)
Paragraph 11
11. Calls on the Commission to facilitate the exchange of existing best practices, including through raising awareness and promoting the re-use of medicine packaging;
Amendment 221 #
2019/2816(RSP)
Paragraph 30
30. Calls for full enforcement of the existing provisions with regard to take- back schemes for unused medicines and for the widest possible promotion of this type of solution;
Amendment 250 #
2019/2816(RSP)
Paragraph 36
36. Considers that the methods of analysis to quantify the presence of pharmaceuticals in the environment should be improved, as should the development of technologies for this purpose;
Amendment 32 #
2019/2169(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates its call for the Council and the Commission to swiftlyrenew their efforts to adopt the Horizontal Anti-discrimination Directive;
Amendment 38 #
2019/2169(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern at the widespread prevalence of GBV in all its forms and the lack of full access toreduction in access to statutory sexual and reproductive health and rights (SRHR); stresses that the Member States are obliged to respect, protect and comply with commitments relating to the reproductive and sexual health of all women and girls, free from coercion, discrimination and violence;
Amendment 65 #
2019/2169(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to ensure the continuity of the work of the EU Anti- Trafficking Coordinator by providing a mandate that allows the development of new initiatives; welcomes the new anti- trafficking strategy to be proposed by the Commission; calls for a revision of Directive 2011/36/ EU so that the use of services provided by victims of trafficking can be criminalised; points out that the problem of human trafficking in most cases involves women, and therefore highlights the need for efforts to be focused on providing help to smuggled women;
Amendment 94 #
2019/2157(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that the EU and its Member States, while being the signatories of the Forest Europe process, have committed to apply the definition and principles of sustainable forest management (SFM)1a to their forests; _________________ 1aProvided in Forest Europe Helsinki ResolutionH1 of 1993
Amendment 101 #
2019/2157(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reiterates that sustainable and multi-purpose forest management should continue serving as a guiding principle of the EU forest strategy;
Amendment 103 #
2019/2157(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls to secure that new Forest Strategy serves as a central policy instrument in the EU to ensure efficient coordination of forest-related policies and initiatives within the scope of all three pillars of sustainability: environmental, economic and social; thus serves as a platform to coordinate all nature conservation and biodiversity aspects related to forests and their management at EU level;
Amendment 210 #
2019/2157(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Expresses its concern over the health condition and resilience of forests in many parts of Europe; highlights the need to strengthen and make full use of EU mechanisms to tackle the transboundary pressures on forests from the spread of invasive alien species, pests, and diseases, as well as storms, droughts and wildfires.
Amendment 2 #
2019/2156(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the ruling of the Court of Justice of the European Union affirming the EU's competence to protect European forests1 1, _________________ 1Judgment of the Court of Justice of 17 April 2018, European Commission v Republic of Poland, C- 441/17,EU:C:2018:255.
Amendment 107 #
2019/2156(INI)
Motion for a resolution
Recital E
Recital E
E. whereas increased protectionsustainable and multi- purpose management of forests provides opportunities for economic development, particularly at the level of local communities;
Amendment 128 #
2019/2156(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the EUEU Member States hasve expertise in sustainable forest management and in assistingthus, both the EU and its Member States have necessary financial and technical means to assist other countries with capacity building;
Amendment 158 #
2019/2156(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the EU has the powers, responsibility and funds available to protect European forests as part of the world’s forests; calls, therefore, on the Commission and the Member States to ensure that measures aimed atfunds available and means to ensure co- operation and coordination between Member States inside the EU, and with external international partners outside the EU aimed at the protection of forests from biotic and abiotic natural disasters; calls, therefore, on the Commission and the Member States to support efforts to establish effective international cooperation aimed at promoting sustainable management, and protecting and restoring the world’s forests are consistently applied to European forest, including by financial means;
Amendment 185 #
2019/2156(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the crucial role of indigenous peoples and local communities in the protection of the world’s forests and calls on the Commission and the Member States to take this role into account in the adoption, implementation and enforcement of forest protection measures, both at EU level and in key international forumsinternationally agreed measures, both at regional and global levels, as appropriate;
Amendment 194 #
2019/2156(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the role of civil society in environmental protection and sustainable consumption and calls on the Commission and the Member States to ensure transparency and public participation in forest-related measures in order to promote forest protectionsustainable and multi-purpose forest management, thus preventing deforestation and forest degradation, but also supporting natural forests protection and restoration, at regional and global levels;
Amendment 288 #
2019/2156(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission's plan to ensure that the topic of deforestation is part of country-level political dialogues and recommends that the Commission include the promotion of human rights, in particular the rights of indigenous peoples and local communities, as well as support for environmentalistspublic participation in these dialogues;
Amendment 306 #
2019/2156(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission and the Member States to propose specific measures to strengthen the political and regulatory framework for supporpromoting sustainable forest management and land use planning at national, regional and global levels;
Amendment 322 #
2019/2156(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Commission's plan to strengthen international cooperation on policies and measures to protect thsustainably manage world’s forests in key international forums,and prevent global deforestation in key international forums, such as UNFF, FAO, ITTA and FOREST EUROPE and calls on the Commission and the Member States to endeavour to cooperate with these forums with a view, inter alia, to harmonising the terminology and concepts in use (e.g. sustainable forest management or deforestation-free supply chains) and to ensuring the coherence of the policies and measures adopted;
Amendment 376 #
2019/2156(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to include binding targetperform an in depth impact assessment on the effective measures for the protection and restoration of forest ecosystems, including native European forests, as part of the EU's future forest strategy;
Amendment 389 #
2019/2156(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers it necessary to redirect financial flows, both private and public, in the relevant industrial sectors towards activities that promote sustainable and multi-purpose forest management and, thus, do not cause deforestation;
Amendment 409 #
2019/2156(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission and Member States to take specific steps to improve the availability of information and data obtained through existing and new monitoring tools relating to forests, and to ensure that this information is disseminated in a form that is accessible and comprehensible to the public, consumers and the private sector;
Amendment 413 #
2019/2156(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that independencredible forest monitoring and information sharing are essential to improving forest governance and facilitating compliance with zero- deforestation commitments in partner countries; Calls for the EU to step up financial and technical support to partner countries to achieve these ends and to help them develop the expertise necessary to improve local forest governance structures and accountability;
Amendment 20 #
2016/0062R(NLE)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the UN Convention on the Rights of Persons with Disabilities, to which the EU is a State Party, including the 2015 Concluding Observations of the United UN Committee on the Rights of Persons with Disabilities (UNCRPD) to the EU, which call on the EU to accede to the Istanbul Convention as a way to protect women and girls with disabilities from violence,
Amendment 28 #
2016/0062R(NLE)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
— having regard to its report on the implementation of the UN Convention on the Rights of Persons with Disabilities, which calls for the EU to become a party to the Istanbul Convention as a further step in combating violence against women and girls with disabilities,
Amendment 181 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly condemns all forms of gender-based violence, including the denial of access to sexual and reproductive health and rights, against women and girls and against LGBTIQ+ persons; and deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, psychological and physical violence, stalking, sexual violence, rape, forced marriage, female genital mutilation (FGM), forced abortion, forced sterilisation, sexual exploitation and human trafficking and other forms of violence, which constitute a serious violation of their human rights and dignity; denounces the fact that more and more women and girls are victims of gender-based violence on the internet and on social media;
Amendment 190 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that the Istanbul Convention lays down that culture, custom, religion, tradition or so-called ‘honour’ cannot be a justification of any acts of violence against women;
Amendment 197 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on all the Member States to guarantee comprehensive sexuality education, ready access for women to family planning, and the full range of reproductive and sexual health services, including modern contraceptive methods and safe and legal abortion;
Amendment 264 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission to draw up a holistic EU strategy on combating violence against women and gender-based violence that includes a comprehensive plan to combat all forms of gender inequalities, integrating all EU efforts to eradicate violence against women;
Amendment 286 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Council to step up procedures in order to ensure the EU’s swift ratification of the Istanbul Convention; ; and to ensure, despite the signing of the EU’s accession to the Istanbul Convention, a broad EU accession to the Convention without any limitations
Amendment 291 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Urges the Council to ensure that Parliament will be fully engaged in the monitoring process of the Istanbul Convention following the EU’s accession; to proceed with a swift agreement on a code of conduct concerning cooperation between the EU and its Member States for the implementation of the Convention, which should also involve civil society organisations, particularly women´s rights organisations.