45 Amendments of David CORMAND related to 2021/2043(INI)
Amendment 2 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to its resolution of 20 January 2021 on strengthening the single market: the future of free movement of services (2020/2020(INI))1 a, _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0007_EN.html
Amendment 10 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas sustainable development and high levels of social and environmental standards are prerequisites for a form of productivity compatible with the Sustainable Development Gaols and the target of achieving zero carbon emissions by 2050;
Amendment 13 #
Motion for a resolution
Recital B
Recital B
B. whereas any assessment of the barriers to the single market should be based, among other things, on the experiences and perceptions of businesses, workers and consumers who engage to some degree with the single market every day; whereas single market barriers disproportionately affectalso penalise SMEs and microenterprises, and hinder their cross- border activities;
Amendment 15 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas protecting and promoting social, labour and trade union rights, including collective bargaining, fair wages and good working conditions, are an integral part of building a well- functioning, fair, inclusive and sustainable single market that delivers quality goods and services; whereas economic freedoms to provide goods and services should not prevail over or undermine fundamental rights, including social, labour and trade union rights;
Amendment 21 #
Motion for a resolution
Recital C
Recital C
C. whereas manycertain barriers affecting the single market derive from incorrect or incomplete application of EU legislation and poor access to the necessary information;
Amendment 25 #
Motion for a resolution
Recital D
Recital D
D. whereas insufficient or incorrectdisparities in implementation and lack ofinadequate enforcement of legislation may have damaging consequences both at EU and national level for citizens and businesses;
Amendment 30 #
Motion for a resolution
Recital E
Recital E
E. whereas the current Commission has not yet come forward with a compis legitimately affording priority to implementing and enforcing rehcensive legislative packagetly adopted existing legislation addressing failures in the exercise of the core freedoms of the single market beyond enforcement, other than digital initiatives; whereas Parliament and Council failed to adopt the core, while also announcing initiatives ofin the 2016 Services Packagedigital sector;
Amendment 31 #
Motion for a resolution
Recital F
Recital F
F. whereas 71 % of SMEs that tried the current mutual recognition system for non-harmonised goods received a market access denial decision, and whereas the recent review of the regulation governing this system aimed to make it easier for companies to apply it by providing a better framework for national decision-making;
Amendment 32 #
Motion for a resolution
Recital G
Recital G
G. whereas the COVID-19 crisis has been a shock both to production and consumption, and has reshaped domestic and cross-border activities, impacting workers, companies and consumers alike; whereas some of these effects may be temporary, but others will have lasting consequences on the shape and needs of the single market; whereas the pandemic has demonstrated the advanced level of European integration and the importance of regulation, strong institutions, public services and high social standards; whereas the path to recovery must be paved by sustainable development, fair transitions, social inclusion and the creation of quality jobs
Amendment 48 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Single Market Governance Package of March 2020, which aims to improve the implementation and enforcement of European legislation; considers that it is only a paran initial answer to the deficiencies hampering the proper functioning of the common market, in particular the achievement of the EU's fundamental objectives in respect of sustainable development and a social market economy, striving for full employment and social progress, as well as a high level of protection and improvement of the quality of the environment, as Article 3 of the Treaty on European Union stipulates;
Amendment 55 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the single market remains the European Union’s greatest achievement; urges the Commission, therefore, to refocus resources at issues plaguing the single marketuse the dedicated single market resources at its disposal under the Multiannual Financial Framework to strengthen its governance and improve its functioning, in particular with regard to non-tariff barriers, in particular in respect of non-tariff barriers (NTBs), which continue to limit opportunities for consumers and businesses;
Amendment 63 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Takes the view that that a high level of consumer protection is a fundamental objective which must guide the EU's action in respect of the single market; stresses that abolishing non-tariff barriers does not necessarily lead to better consumer protection;
Amendment 66 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the achievement of the objectives in the Green Deal and European digital agendas is based on the effective functioning of the single market, which is a key enabler of market efficiency and innovation and tool for modernising European economies; believes, therefore, that the single market’s shortcomings deserve at least the same level of attention as the Green Deal and the European digital agenda; reaffirms its own commitment to developing and safeguarding a robust, consumdurable consumer-, worker- and business-friendly internal market;
Amendment 68 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets that overlooked NTBs undermineStresses that a strong and integrated single market, in which unjustified and discriminatory barriers have been eliminated, is a prerequisite for achieving the EU’s industrial strategy goals, especially reshoring of production and strengthening the resilience of the European economy;
Amendment 72 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that certain NTBs can be justified and originate from multi- level governancRecalls that regulations which are useful for achieving a legitimate public policy objective should not be considered as NTBs but as a justified and legitimate means of legislating in the general interest; adds that the objective of abolishing NTBs must not challenge the Member States' right to regulate; urges the Member States, where such NTBregulations are absolutely essential, to ensure their proportionality and strict alignment with legitimate public policy objectives; non-discriminatory nature;
Amendment 80 #
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Points out that the Commission and stakeholders have identified a group of key barriers to cross-border activities, among them:
Amendment 81 #
Motion for a resolution
Paragraph 6 – point a
Paragraph 6 – point a
(a) unjustified regulatory disparities and inconsistentadequate implementation of EU law, which force companies to commit resources to the laborious process of analysing provisions that are harmonised at EU level, diverting investments away from activities that create jobs or support growth;
Amendment 85 #
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
(b) occasionally burdensome and complex administrative requirements, and inaccessible information and limited lines of communication with public administration, including through points of single contact, which also limit the possibilities for new or competing services in new locations that would improve consumer choice;
Amendment 90 #
Motion for a resolution
Paragraph 6 – point c
Paragraph 6 – point c
Amendment 93 #
Motion for a resolution
Paragraph 6 – point d
Paragraph 6 – point d
(d) a lack of harmonised standards increasing the compliance cost for companies operating cross-border, and where these exist, insufficient knowledge on the part of companies of the obligations incumbent upon them;
Amendment 95 #
Motion for a resolution
Paragraph 6 – point d a (new)
Paragraph 6 – point d a (new)
(d a) restrictions based on geographic location in both digital and non-digital transactions, including business-to- business relationships, which impact consumers and businesses;
Amendment 99 #
Motion for a resolution
Paragraph 6 – point d b (new)
Paragraph 6 – point d b (new)
(d b) disparities in taxation systems which constitute major barriers to exporting owing to the cost of understanding and complying with them, especially for SMEs;
Amendment 103 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that the NTBs severelmay impact, inter alia, the services sector and thereby other segments of the economy underpinned by the services sector, while recognising the need to enhance monitoring, transparency and accountability all along the supply and value chains; highlights that in its report, the Commission was able to identify 24 specific restrictions across 13 sectors , including some which bareach rules established by the Services Directive, including some which are discriminatory or are requirements on establishment or nationality4; discriminatory or are requirements on establishment or nationality4; acknowledges that the report shows an overall decrease in the level of barriers in almost all the sectors assessed; stresses that 'the objective of the exercise was to document the presence or absence of restrictions. The assessment of proportionality of restrictions was outside of the scope of the exercise and the exercise did not assess whether the relevant restriction was justified or proportionate.'4 a _________________ 4 Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, Mapping and assessment of legal and administrative barriers in the services sector, summary report, Brussels, April 2021. 4a https://op.europa.eu/en/publication- detail/-/publication/6d8d8858-a756-11eb- 9585-01aa75ed71a1/language-en
Amendment 106 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 110 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 118 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises the insufficient use of the notification procedure under the Services Directive; calls onnotes the Commission to reflect on improving this framework, possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified, whil's intention to update the Handbook on implementation of the Services Directive to incorporate aspects arising from the most recent case-law and to provide gremaining cautious in order to not undermine the Services Directive and avoiding the situation which led to the withdrawal of the previous proposalater clarity to the relevant national authorities on how to apply this legislation;
Amendment 124 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that barriers may also derive from limited national administration capabilities to provide services in other languages, and from shortages of skills and infrastructurein addition to the language required by the Member State of destination;
Amendment 127 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the significant improvements to the free movement of goods in recent years thanks to regulations such as Regulation (EU) 2018/302 (‘Geo- blocking Regulation), Regulation (EU) 2019/1020 (‘Regulation on market surveillance and compliance of products’), and most importantly thanks to Regulation (EU) 2019/515 (‘Regulation on mutual recognition of goods’);; believes that thorough application of the principle of mutual recognition would efficiently advance the agenda of the single market, especially in the areas where difficulties remain recalls that the principle of mutual recognition applies only to non-harmonised goods and stresses the importance of top-down harmonisation in order to ensure a high level of product safety and consumer protection; believes that thorough application of the principle of mutual recognition and the instruments recently defined by Regulation (EU) 2019/2015 would benefit the economic operators concerned while preserving the ability of national authorities to act in the public interest; stresses in this connection that the Commission published guidelines on application thereof in March 2021 in order to raise awareness of the tools available to businesses and competent authorities;
Amendment 129 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Takes the view that the adoption and implementation of Regulation (EU) 2018/302 on geo-blocking has been beneficial for consumers in facilitating cross-border purchases; recalls, however, that certain obstacles persist, particularly in the provision of audiovisual services and content, and that this manifests itself in reduced consumer confidence in cross- border online shopping; calls on the Commission, as part of the evaluation report scheduled for 2022, to remove unjustified and ineffective geo-blocking and to strive to build a harmonised digital single market;
Amendment 130 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Highlights the existence of discriminatory and anti-competitive practices such as territorial supply constraints, which constitute non-price barriers for companies and have a negative impact on consumers in terms of price and quality; calls on the Commission to take the appropriate measures to remedy this;
Amendment 131 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 140 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned byDeplores the insufficient access to information on mobility of services, as well as by the burdensomthe conditions for providing services in a country and the applicable obligations and rules; calls for the procedures tofor obtaining essential documents such as the A1 form to be simplified as much as possible, particularly as part of a strategy for the digitisation of administrative procedures; underlines that access to information, such as on domestic collective agreements where applicable and relevant,and other conventions applicable in the country of origin should be improved to facilitate compliance for businesses;
Amendment 145 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recalls that access to information is essential and must be made as easy as possible for users; takes the view that the measures taken to improve access to information on applicable rules and obligations for businesses as part of the 'Goods Package' are a welcome development in facilitating cross-border trade while maintaining a high level of consumer protection; calls for sufficient resources to be allocated for the establishment of 'one-stop shops';
Amendment 153 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises that numerous barriers stem from the limited capacity of administrations to deliver high quality services in cross-border settings; believes that digitalisation of public services and fully-fledged eGovernment capabilities remain essential to eradicate some of the onerous NTBbelieves that digitisation of public services and fully-fledged eGovernment capabilities remain essential to eradicate certain onerous NTBs; stresses the importance of developing and using interoperable and open- source eGovernment tools with a view to fostering the development of internationally compatible eGovernment procedures; recalls, in this regard, that the key provisions of the single digital gateway had to be in force in all EU Member States by 12 December 2020; underlines the importance of the ‘once only’ principle, which will save citizens and businesses time and money, in particular if used more widely; welcomes the proposal to add a single market obstacles tool to the single digital gateway;
Amendment 161 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission proposal to make SOLVIT the default tool for single market dispute resolution; takes the view that this requires greater awareness-raising of the existence of these dispute-resolution instruments;
Amendment 163 #
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 176 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that so far the Commission’s plan to step up enforcement of EU law by means of the SMET, which met for the first time in April 2020, has only delivered limited results; calls on the Commission to enhance SMET's transparency and to present in due time concrete outcomes of the work of SMET, including information on barriers that have been abolished as a result of its actions; stresses that SMET's work cannot have a purely businesses-based perspective, but must be supplemented by approaches grounded in social and environmental sustainability so as to ensure a holistic understanding of the proper functioning of the internal market;
Amendment 181 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to present an annual report regular report at least every two years on NTBs and establish an open and transparent database compiling specific national NTBs together with ongoing infringement procedures;
Amendment 187 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to consistently, speedily and rigorously assess whether national rules hinder the internal market, and where they do, to assess if they are necessary, proportional and justifiedare necessary, proportionate and justified, as stipulated by Directive (EU) 2015/1535 on the provision of information on technical regulations and Directive (EU) 2018/958 on access to regulated professions;
Amendment 192 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls that throughout the regulatory lifecycle, Member States and the Commission must share the responsibility of ensuring that single market rules are complied with and that citizens’ rights are enforced, workers' and consumers' rights are enforced; stresses the need for harmonised rules EU-wide on the frequency and quality of checks and other market surveillance activities, particularly in respect of product safety, and for the promotion of tools for the exchange of information between national authorities with a view to strengthening cooperation in this area;
Amendment 196 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points to the importance of surveillance, inspection and sanctioning by relevant authorities of economic operators who do not comply with legislation; stresses that not only is it essential to make use of instruments for market surveillance cooperation between national authorities and the Commission, but also to develop new ones to give advance warning of non-compliance problems that jeopardise consumer safety, in particular by providing increased supervision at European level;
Amendment 201 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the importance of monitoring, and therefore welcomes the Single Market Scoreboard as a performance monitoring tool; emphasises the need for a recurring debate on the outcomes of the Scoreboard at the highest political levels, ensuring political commitment to tackling the obstacles identifiedtakes the view that this monitoring tool should include qualitative components in addition to quantitative criteria, in other words it should take environmental and social indicators into account; emphasises the need for a recurring debate on the outcomes of the Scoreboard at the highest political levels, ensuring political commitment to tackling the obstacles identified not only from a business perspective, but also with regard to the challenges faced by workers, consumers and citizens, with due account for social and environmental policy considerations;
Amendment 208 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that the initial response to the pandemic by Member States and the Commission did not take into account the needs of the single market, and since unilateral national measures were taken that restricted the free movement of essential goods, services and people, in particular cross-border workers; recalls the serious impact this has had on the free cross-border movement of goods and services as well as of workers;
Amendment 213 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the NextGenerationEU recovery package, the EU guidelines for border management and free movement, transport green lanes, the EU Digital COVID Certificate to facilitate free movement, and further measures which aim to allow the single market to operate normally; takes the view that the recovery must be paved by sustainable development, fair transition, social inclusion and the creation of quality jobs
Amendment 215 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission and Member States to proactively use the lessons learned and to develop a response plan for emergencies and ensure a common response, which should aim to safeguard as far as possible the free movement of services and good, goods and persons, particularly cross-border workers;