949 Amendments of David CORMAND
Amendment 3 #
2023/2229(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. Whereas the EIB Group consists of the European Investment Bank (EIB) and the European Investment Fund (EIF) and is the biggest multilateral financial institution in the world and one of the largest providers of climate finance, operating in the international capital markets offering competitive terms to clients and favourable conditions to support EU policies and projects both inside and outside the Union;
Amendment 5 #
2023/2229(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas over 2021-2027, InvestEU’s EUR 26.2 billion guarantee, with provisioning from the Multiannual Financial Framework (MFF) and Next Generation EU, is expected to mobilise more than EUR 372 billion in additional private and public investment in Europe, mainly for sustainable infrastructure, research innovation and digitalisation, SMEs and social investment and skills;
Amendment 6 #
2023/2229(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. Whereas the EIB will support REPowerEU with an additional EUR 45 billion in loans and equity financing over the next five years;
Amendment 7 #
Amendment 10 #
2023/2229(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its call for a capital increase; notes that this is necessary for supporting key real economy investments that would not be made otherwise and that have the potential to maximise innovation gains in key EU policy areas such as digitalisation and the green transformation, for helping mitigate high energy prices, skills gaps and insufficient investments in innovation and new technologies and for helping implement the European Pillar of Social Rights and the UN Sustainable Development Goals; expects the EIB to ensure that its financing contributes to addressing market failures and avoids crowding-out effects, without increasing its overall financing costs;
Amendment 15 #
2023/2229(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Takes note of the approval by the Board of Directors of the ‘EIB Group Operational Plan 2023-2025 confirming EIB’s alignment with the EU political priorities and its commitment to step up its ambition for twin transition;
Amendment 18 #
2023/2229(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the EIB to address systemic shortcomings that prevent certain regions or countries from taking full advantage of its financial activitiStresses the importance of avoiding further geographical imbalances in the EIB’s lending activities so as to ensure a broader geographical and sectoral allocation of investments, reduce regional disparities and enhance economic and social convergence; calls on the EIB to address systemic shortcomings that prevent certain regions or countries from taking full advantage of its financial activities; invites the EIB to assess, in particular, whether the geographical distribution of financing under InvestEU is balanced, especially as regards smaller Member States;
Amendment 24 #
2023/2229(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. SRecalls that SMEs are the backbone of Europe’s economy; recalls that the EU’s 23 million SMEs account for 99 % of all businesses and provide around three quarters of all jobs; points out that the energy crisis and the consequences of Russia’s war in Ukraine pose further challenges for them; stresses the role of the European Investment Fund in improving access to finance for smaller EU companies, mid- caps and start-ups; calls on the EIB to provide additional growth capital to enable small and medium-sized enterprises to scale up their operations; points out that a stable energy supply is one of the foundations of a successful industrial policy, in particular for small and medium-sized enterprises (SMEs);
Amendment 42 #
2023/2229(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls that the EIB is the world’s largest multi-currency issuer of green bonds; points out that increasing the proportion of euro-denominated bonds would further strengthen the international role of the euro;
Amendment 44 #
2023/2229(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Reminds that the green transition must be inclusive and fair, that green investments must be viable and expects the EIB, therefore, to leverage its lending, financial instruments, technical assistance and advisory services to support citizens and businesses facing socio-economic challenges deriving from achieving climate neutrality by 2050 at the latest; invites the EIB to support projects delivering affordable access to renewable energy, housing and public services, community-led initiatives, and small projects with a particular focus on fighting energy poverty as a priority;
Amendment 56 #
2023/2229(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Reiterates that corporate clients are contractually required to create and publish credible decarbonisation plans which should include mid-term, rolling and quantitative emission reduction targets and options over a longer time frame in order to achieve climate neutrality by 2050 at the latest; is concerned that the EIB has signed contracts with corporate clients regardless of whether they have published these plans; expects the EIB to systematically evaluate the credibility of these plans, applying decarbonisation criteria compatible with the 1.5 degree target before signing any new financial commitments;
Amendment 57 #
2023/2229(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Reiterates its call for the EIB to work only with financial intermediaries that have a credible decarbonisation plan, including short-term targets that are compatible with the 1.5-degree pathway and that will be put in place as soon as possible and by 2025 at the latest;
Amendment 58 #
2023/2229(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Stresses the key role played by the EIB in ensuring a just transition; calls on the EIB to lower the minimum loan amount for individual projects or loan schemes contributing to the just transition ; encourages the EIB to intensify cooperation with national and regional financial institutions to deliver targeted financing; calls on the EIB to contribute to achieving the EU’s objectives on equality between women and men in this context; welcomes the involvement of the EIB in the EU Just Transition Mechanism in order to address the socio- economic impact of the transition to net- zero economy and to generate new opportunities for sustainable development in eligible regions;
Amendment 69 #
2023/2229(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expects the EIB to engage more actively in nature-positive and biodiversity-enhancing investments and in sectors with the greatest biodiversity co- benefits, such as water management, sanitation, forestry and the ocean, with the highest level of integrity and assurances especially regarding local communities' rights, and integrating the lessons learned from the Natural Capital Financing Facility;
Amendment 70 #
2023/2229(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Expects the new forestry lending paper to ensure that EIB lending promotes sustainable forest management, encourages the sustainable use of wood- based materials, fosters the wider bio- economy and guarantees that it does not directly or indirectly contribute to deforestation or afforestation;
Amendment 71 #
2023/2229(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expects enhanced efforts to mainstream nature in analyses and operations assessing the financial risk of biodiversity loss at counterparty level; expects nature-positive elements to be systematically required for large-scale infrastructure projects, especially for urban investments; warns against projects contributing to climate objectives that do not take into account impacts on biodiversity; is concerned that in at least one occurrence, the EIB funded a project that contributed to significant direct loss of biodiversity in an urban area subject to severe heatwaves;
Amendment 76 #
2023/2229(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. ERecalls the role played by the EIB in the EU Raw Material Alliance and the Union’s aim of becoming more autonomous as regards the Critical Raw Materials (CRM) supply; emphasises the need for a circular economy approach to critical raw materialsCRM, based on recycling and reuse, in order to reduce the EU’s dependence on third countries; calls on the EIB to invest more in the CRM sector to enhance resilience in raw materials and calls, in particular, on the EIB to support CRM- related projects that aim first and foremost at avoiding any new mining processes and recycling secondary raw material, and to foster circular economy solutions;
Amendment 81 #
2023/2229(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the EU for Ukraine initiative; welcomes the fact that all EIB actions in Ukraine are guided by the priorities for reconstruction and will be fully aligned with the upcoming Ukraine plan; welcomes the technical assistance component to ensure optimal project preparation and implementation, as well as capacity building measures; expects that the upcoming Rapid Damage Needs Assessment 3 carried out by the World Bank in coordination with the Commission, the EIB and the Ukrainian government will identify significantly increased needs; welcomes the EIB’s efforts to prevent, deter and investigate fraud and corruption in relation to its projects in Ukraine;
Amendment 85 #
2023/2229(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Recalls the fact that the war has created a severe humanitarian crisis and has had a fundamental impact on the economic, social and security situation in the EU and its neighbourhood; stresses that the changes in supply chains and trade and economic relations caused by the war should be taken into account in future investment planning;
Amendment 92 #
2023/2229(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Expects EIB Global’s activities to remain aligned with EU strategic interests and external policy objectives; expects EIB Global to ensure that investments clearly benefit recipient communities, by safeguarding natural heritage, enhancing climate resilience, creating local jobs and alleviating poverty; believes that recipient country stakeholders, such as public authorities, civil society and social partners need to be involved in deciding on and implementing Global Gateway;
Amendment 95 #
2023/2229(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Takes note of the EIB Global strategic roadmap and the expectation that it will facilitate at least one third of the EUR 300 billion in investments set out to be generated by the end of 2027; welcomes progress made towards setting up the Global Gateway Fund under the EFSD+ guarantee, which is expected to finance high-impact private sector investments and provide equity and debt financing for high-impact infrastructure, clean energy and human development projects around the world; expresses concern over the lack of inclusive and meaningful consultations with stakeholders who are impacted by its operations; calls for more support for projects with limited bankability and high public returns, and to lower the minimum loan amount for individual projects, particularly in less developed countries; reiterates its call for EIB Global to limit blending operations to areas where they can add value to the local economy and to ensure that blended finance is not used for essential public services;, particularly health, education and social protection, as monetisation could exacerbate existing inequalities and jeopardise universal access to these services; expresses its concerns about significant direct and indirect EIB investments in for-profit health-care providers in the Global South, that directly undermine EU development policy goals and in particular universal access to healthcare, as private health- care services have led to worse health outcomes as compared to government- provided health-care, and have impoverished patients, in particular women.
Amendment 100 #
2023/2229(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is of the opinion that EIB Global should be accountable for compliance with the principles set out in the Paris Declaration on Aid Effectiveness and the Accra agenda for action (ownership, alignment, harmonisation, managing for results and mutual accountability); is particularly concerned, in this context, about a conflict of interest between export credit agencies and EIB Global development finance and about the impact on the development additionality of EIB Global’s affected investments;
Amendment 101 #
2023/2229(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Takes note of the EIB information note summarising its approach to human rights; reminds the EIB of the importance of integrating human rights into its due diligence procedures, conducting human rights impact assessments, anchoring its general human rights commitment in a responsibility to respect human rights and operating in full compliance with Article 2 of the Treaty on the Functioning of the European Union; reiterates, moreover, its call on EIB Global to ensure inclusive and meaningful consultation and engagement with the communities impacted by its projects prior to their approval and throughout project implementation; underlines that specific measures should be taken to include indigenous peoples, women, persons with disabilities and other vulnerable groups in consultations;
Amendment 112 #
2023/2229(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. IRecalls that EIB funds are public money and should always be subject to public scrutiny and accountability; is concerned that the EIB is falling behind other public financial institutions in terms of transparency and in ensuring that no harm is done by its intermediated investments, as it rated only ‘fair’ on the 2023 Foreign Direct Investment Transparency Index; recalls that the EIB’s transparency policy runs counter to the presumption of disclosure and is not aligned with the applicable exceptions listed in Regulation (EC) No 1049/20013 and Regulation (EC) No 1367/20064 ; urges the EIB to implement the European Ombudsman’s recommendations of 20 November 2023 from Case 2252/2022/OAM and of 21 April 2022 from Case 1251/2020/PB to allow for a meaningful assessment of the environmental and social aspects of projects it is considering for funding; _________________ 3 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). 4 Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).
Amendment 115 #
2023/2229(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Reiterates its call on the EIB to commit to strengthening its policy against tax fraud, tax evasion and tax avoidance, including by refraining from funding beneficiaries or financial intermediaries and cooperating with financial partners where these beneficiaries, intermediaries or partners have a proven negative track record; reiterates its call on the EIB to enforce prevention measures and regular tax assessments against non-cooperative tax jurisdictions tax and fiscal fraud, tax evasion and illegal and aggressive tax avoidance;
Amendment 120 #
2023/2229(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Reiterates its concern that EIB Vice-Presidents are often involved in project proposals from their home countries; invites the EIB to fully implement all recommendations received from the European Ombudsman in Case 1016/2021/KR, as regards the activities of former members of its Management Committee, as set out in the Ombudsman’s decision of 27 July 2022;
Amendment 1 #
2023/2123(INI)
Draft opinion
Recital A
Recital A
A. whereas the EU budget must continue to pave the way forbe a central tool in achieving climate neutrality by 2050; whereas renewable hydrogen has untapped potential that could contribute to achieving this objective;could contribute to achieving this objective by playing an important role in the decarbonisation of hard-to-abate sectors, where no more energy or cost efficient alternatives are available; whereas that 99% of hydrogen produced in 2022 was fossil fuels-based according to the International Energy Agency,1a ; _________________ 1a https://www.iea.org/energy-system/low- emission-fuels/hydrogen
Amendment 3 #
2023/2123(INI)
Draft opinion
Recital B
Recital B
B. whereas the EU hydrogen strategy and REPowerEU include an objective of producing 10 million tonnes of renewable hydrogen in the EU by 2030 and importing the same amount; whereas the total investment required is estimated at almost EUR 1 trillion; whereas these objectives should be in line with the emission reduction pathway developped by the European Scientific Advisory Board on Climate Change2a; _________________ 2a European Scientific Advisory Board on Climate Change of 15 June 2023 entitled ‘Scientific advice for the determination of an EU-wide 2040 climate target and a greenhouse gas budget for 2030-2050’
Amendment 14 #
2023/2123(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that a budget of EUR 3 billion was announced for the EHB in the 2022 State of the European Union address; takes note that a budget of EUR 800 million is expected for the first EU pilot auction for renewable hydrogen production; calls onexpects the Commission to detail what further funding will be made available;ere will the funding for this auction come from, and what further funding will be made available; takes note of the announcement of the President of the Commission on 9th October of the first auctions in November 20233a; expects clarifications on the budgetary implementation and mechanisms; calls for the pricing of the premiums to be reviewed and updated if needed in each auctioning period, and for the fixed premiums to be updated in each cycle in order to guarantee the premium is constantly above production costs, to establish a predictable clawback mechanism and to ensure maximum production; _________________ 3a https://ec.europa.eu/commission/presscor ner/detail/en/speech_23_4866
Amendment 25 #
2023/2123(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the ambition of EHB pillar 1 to spur the development of a domestic market for renewable hydrogen; calls on the Commission to ensure a level playing field when conducting auctions, including by considering support for; recalls that producing renewable hydrogen based on renewable sources from other bidding zones than the production zone; agrees that a well-functioning domestic market requires cross-border hydrogen infrastructure; regrets the fact close as possible to its end use is the most efficient, in particular taking into account the very significant energy loss in transportation; insists on the fact that co-location of production and use for renewable hydrogen projects should be prioritised and transportation should be minimised, and insists that resources should not contribute to infrastructure lock-in; Notes that the Commission’s proposal for the revision of the multiannual financial framework (MFF) did not include an increase in funding for the Connecting Europe Facility;
Amendment 31 #
2023/2123(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to assess potential fossil lock-in effects of building pipelines for the transport of hydrogen and its costs;
Amendment 34 #
2023/2123(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes note that there is no financing instrument to support the implementation of EHB pillar 2; regrets the fact that the Commission did not submit a proposal in this regard as part of the MFF revision; calls on the Commission to quickly address this gap.is concerned that the import of significant amounts of renewable hydrogen could compromise renewable-uptake in partner countries as well as impacts on land and water use and lead to sub-optimal climate and energy policies both within the EU and in partner countries and expects this aspect to be fully considered in the Impact Assessment;
Amendment 37 #
2023/2123(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need for dedicated staff to pursue the operations of the EHB and asks for adequate funding in this respect, within the existing institutional framework; underlines the need for additional skilled workers in the field, requiring significant financial investment in re-skilling and upskilling the workforce;
Amendment 2 #
2023/2058(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Holds that the EU budget’s investment policy and its multiannual programming are a potentially stabilising factor, ensuring that certain long-term investments that enhance growtheconomic resilience, contribute to the green transition, and boost stable employment are not affected by the volatility of economic cycles and national downturns;
Amendment 8 #
2023/2058(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. ConcedeRegrets that the EU, because of its restricted competences regarding direct taxation and social policies, as well as the limited size of its general budget, does not currently have effectivesufficient and immediate ways of redistributing income between individual taxpayers or private households in times of crisis ;
Amendment 9 #
2023/2058(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that Europe as well as the rest of the world is facing climate and environmental challenges of unprecedented scale and urgency; deplores that the polluter pays principle’s coverage and application in the EU is fragmented and incomplete, while the environmental taxes remain marginal in the total tax revenues across the EU and thus falling short of environmental taxation potential to help to fight climate change and protect nature;
Amendment 10 #
2023/2058(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is highly concerned that large- scale corporate tax avoidance continues to deprive governments of revenue needed to address the cost of living crisis and worsening inequalities, and at the same time to finance high-quality public services, as well as climate action, sustainable development and humanitarian responses; notes that a number of Member States continuously plays a role in enabling corporate tax avoidance;
Amendment 11 #
2023/2058(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Warns against taxation mechanisms that, if set up at the wrong level, might result in capital flight, with investments and other revenues flowing outside the EUCalls for a balanced EU taxation system to fight growing inequalities and to make the wealthiest individuals and companies pay their fair share of taxes, considering that they profit from the EU’s economy, workforce and infrastructures; calls on the Commission to present a proposal for a permanent excess profit tax on all sectors in order to make companies with excess profits coming from the current crisis pay their fair share and in order to fight inflation, increase revenue, boost competitiveness and curb oligopolistic powers of certain companies;
Amendment 15 #
2023/2058(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the EU should lead in taxing more effectively capital gains and wealth; calls on Member States to introduce wealth taxes; calls on the EU Code of Conduct to assess harmful tax practices to attract high net worth individuals in Member States;
Amendment 17 #
2023/2058(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 18 #
2023/2058(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Points out that digitalization is making the taxpayers and tax bases of all types of tax increasingly mobile; notes that this could reinforce the tendency to rely on immobile tax bases which could leads to severe unequal outcomes for ordinary citizens;
Amendment 21 #
2023/2058(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks for a portion of any revenue generated by permanent taxation mechanisms set up at EU level to be introduced as own resources, in order to improve the stabilisation function of the EU budget and fund EU policies; considers that the Commission and the Council should continually assess whetherhow any revenue stemming from new temporary crisis taxation mechanisms should enter the EU budget as own resources or other revenue;
Amendment 328 #
2023/0077(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) Electricity should be considered as an essential service, a Common that no one should be deprived of to live with dignity. A basic amount of energy, allowing the basic needs of households linked to health and dignity should be considered as a right and must be allowed freely or through an affordable price. This amount should guarantee adequate warmth, cooling, lighting, and energy to power appliances, that are essential services that underpin a decent standard of living and health1a _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32 020H1563 Commission Recommendation EU 2020/1563 of 14/10/2020 on energy poverty
Amendment 347 #
2023/0077(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) Electricity disconnections should be banned all year long, to protect households' dignity and take into account future heat waves or meteorologic events. It should also be banned and for all types of customers, not only the “vulnerables”, as not being able to pay an energy bill should be a vulnerability criterion in itself. A consumer who is in default of payment and whose energy is cut off is not a bad payer but is a vulnerable consumer who, before being cut off, has reduced his budget for food, leisure or health.
Amendment 348 #
2023/0077(COD)
Proposal for a regulation
Recital 52 b (new)
Recital 52 b (new)
(52b) Power limitation, allowing essential services, should be an alternative to disconnections.
Amendment 1083 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Directive (EU) 2019/944
Article 10 – paragraph 11
Article 10 – paragraph 11
(2a) Article 10 paragraph 11 is replaced by the following : Suppliers shall inform the competent authorities and inform residential customers of the existing support measures before any power reduction. These measures may refer to energy audits, energy consultancy services, alternative payment plans, debt management advice, and do not constitute an extra cost to the customers facing a reduction in power.
Amendment 6 #
2022/2188(INI)
Draft opinion
Recital H
Recital H
H. whereas non-EU countries can join Erasmus+ as member or associated countries; nd the European Solidarity Corps (ESC)1 a as member or associated countries; _________________ 1 a European Solidarity Corps Programme Regulation Recital 47 and Article 13.1d
Amendment 9 #
2022/2188(INI)
Draft opinion
Recital I
Recital I
I. whereas, as a consequence of Brexit, EU citizens studying in the UK can no longer benefit from ‘home fees’, but have to pay higher international student fees, making it prohibitively expensive for the vast majority of them, which has a particularly negative impact on the inclusion and mobility of socially- disadvantaged young people;
Amendment 16 #
2022/2188(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Supports the inclusion of the UK in the Erasmus+ and ESC programmes but asks that its financial contribution be fair and that its inclusion does not come at the expense of EU students, especially in terms of restrictions on participants’ freedom of movement, inclusion and diversity;
Amendment 60 #
2022/2188(INI)
Draft opinion
Paragraph 32
Paragraph 32
32. Regrets the absence of any provisions relating to youth, youth exchanges, youth dialogues (such as the European Youth Dialogue), volunteering and projects in the TCA;
Amendment 61 #
2022/2188(INI)
Draft opinion
Paragraph 32 a (new)
Paragraph 32 a (new)
Amendment 65 #
2022/2188(INI)
Draft opinion
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Stresses that all interested non- member neighbouring countries, including the UK, are invited to join the European Solidarity Corps programme and to promote opportunities for volunteering and collaboration between young people aged 17 to 30 throughout Europe (and aged 17 to 35 for the humanitarian aid strand of the programme), for the benefit of both the young participants and their respective countries;
Amendment 66 #
2022/2188(INI)
34. Is concerned that almost none of the youth projects previously funded by Erasmus+ or ESC involving school-age children are now being funded through the UK Government’s Turing scheme;15; _________________ 15 House of Lords - European Affairs Committee, The future UK-EU relationship - Fourth Report of Session 2022–23, 29 April 2023.
Amendment 67 #
2022/2188(INI)
Draft opinion
Paragraph 35
Paragraph 35
35. Notes that school trips, and young people’s mobility in general, are hindered by the new migration rules, the need for schools to pay for a visa for every student; therefore, asks the UK Government and the Member States to create a youth group travel scheme for young people under 18, and to consider options to facilitate reciprocal mobility frameworks for young people aged between 18 and 30;
Amendment 69 #
2022/2188(INI)
Draft opinion
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Urges the EU and British Government to make strengthening relations and ties between young people from the UK and EU a priority on the political agenda;
Amendment 1 #
2022/2172(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
— having regard to Regulation EU 2021/1119 establishing the framework for achieving climate neutrality and amending regulation 2019/1999 (Climate Law);
Amendment 4 #
2022/2172(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the roadmap towards the introduction of new own resources in the legally binding IIA engages the institutions to keep the issue of the financing of the EU budget high on the political agenda in view of ensuring a viable path to refinancing the debts incurred in the context of NextGenerationEU (NGEU);
Amendment 6 #
2022/2172(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the IIA stipulates that the Commission could include in the second basket of new own resources a financial transaction tax and a financial contribution linked to the corporate sector or a new common corporate tax base;
Amendment 7 #
2022/2172(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas the rising global race to shape the future of clean energy technology manufacturing, fed by massive public interventions from global powers such as the US Inflation Reduction Act, will create new challenges and needs in the EU budget and for searching for new own resources;
Amendment 10 #
2022/2172(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the first signs of positive policy effect of the non-recycled plastic based own resource are being noted;
Amendment 11 #
2022/2172(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Declares that EU finances are going through a critical period where a lack of reform would have highly detrimental effects on the future of EUthe European union and its policies and the trust of Europeans and investors in the Union;
Amendment 16 #
2022/2172(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the crucial and growing importance of the EU budget in delivering on virtually all of the EU’s key policy objectives, in particular for the green and digital transitions, its flagship programmes and its crisis intervention; underlines the multiple challenges the EU is facing such as building up its strategic autonomy and resilience, ending its reliance upon Russian fossil fuels, in particular Russian, combating climate change and biodiversity crisis, completing the health union and the energy union and financing important common projects such as defence, civil protection and space or reacting on the new challenges linked to the developments in the global economy; considers that all new EU policies and challenges must involve new means and extra resources; reminds that the Commission has stated that the unforeseen needs created by the war in Europe are well beyond the means available in the current multiannual financial framework; reiterates, in this regard, that robust, reliable and resilient financing of the EU budget requires a diversified and enlarged set of own resources; is convinced that there is huge potential in a well-designed reform of the EU own resources not only for strengthening the financing of its budgetary needs, but also for boosting its policy outputs, improving the fiscal equilibrium between the EU and Member States and, adding value to overall public finance and in meeting the demands and expectations of the European citizens;
Amendment 24 #
2022/2172(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the Union is obliged to repay the principal and interest of the funds borrowed under the EU Recovery Plan; recalls, in this regard, that the EU institutions adopted a ‘repayment plan’ in the form of a legally binding interinstitutional agreement establishing a roadmap for the introduction of new own resources to cover the borrowing costs; recalls, in this context, that the triple-AAA rating of the EU as a quasi-sovereign borrower depends, inter alia, on the reliability and credibility of the institutions’ following up on their political commitment to introduce new own resources; reminds that the EURI repayment costs and their fluctuations already have negative impact on the EU budget and reiterates its call on the Commission to address the issue of EURI in the mid-term MFF revision and place the EURI over and above the MFF ceilings;
Amendment 27 #
2022/2172(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Expresses its high expectations that, with the ETS- and CBAM-based own resources, the long-standing demand for a better linkage of the EU revenue side with environmental policies and the rationale of climate mainstreaming across expenditure and revenue policies will finally become operational; notes that the sectoral negotiations on the CBAM and the ETS have led to an agreement; welcomes the fact that the resulting legal texts in the ETS Directive and the CBAM Regulation remain fully compatible with the own resources proposals; calls for the EU institutions to thoroughly assess the implications regarding the revenue estimations; insists on not using such analyses as a pretext for blocking decision- making; is aware, furthermore, that in the very long run, as the process of decarbonisation continues, the yields from the green own resources will diminish; calls for sufficient economic measures to support the most precarious households impacted by the extension of the ETS to housing and road sectors, over and beyond the funding available in the Social Climate Fund and in particular the revenues from ETS;
Amendment 36 #
2022/2172(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that these new own resources are necessary to avoid the next generation of Europeans paying the price for the repayment of the principal and the interest of the funds borrowed under NGEU, either through an increased burden on taxpayers or via cuts in regular EU programmes directly affecting beneficiaries and project-holders; notes the legitimate demand by Europeans for more social and tax justice; warns against any attempt to reduce funding for ordinary EU policies to make space for the repayment of EU debt, as this would endanger long-term EU goals, such as economic convergence, research and innovation or the green transition; underlines the heavy impact of inflation on the EU budget, which brings additional challenges for the implementation of the EU policy objectives;
Amendment 42 #
2022/2172(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets that the current way in which the EU budget is financed subjects it to national budgetary constraints, thus leading to undue downward pressure on its – already modest – overall volume and a ‘juste retour’ logic that does not reflect the solidarity principle at the core of EU integration; believes that this structure is one of the main reasons preventing the EU from fulfilling all its tasks effectively; is very concerned by the slow progress in the modernisation of the own resources system since the creation of the European Communities; underlines that the introduction of new own resources will strengthen the fiscal autonomy and independence of the EU and achieve lasting benefits, not only in delivering EU policies but also ensuring the Union’s standing as a credible and smart debt issuer for the Next Generation EU financing; regrets the lack of flexibility in the current MFF framework, which hampers effective European solutions to new challenges such as the uneven playing field created by the US Inflation Reduction Act; stresses that own resources are crucial to address these new challenges and underlines, therefore, that the amount of additional EU own resources must be sufficient to not only cover the debt service of the EU-bonds, including the incurring interest charges, but also to sustain and facilitate needed European investments beyond 2026 to finance the green transition of the EU economy, including providing an adequate European response to the US Inflation Reduction Act;
Amendment 47 #
2022/2172(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States in the Council to adopt, as soon as possible, the new own resources from the first package of 14 December 2021; without further delay as a matter of urgency; is highly worriesd, however, that the amounts generated by the new own resources will not be sufficient to cover all NGEU repayments and borrowing costs (estimated to 15 billion EUR per year until 2058); calls, therefore, on the Commission to come forward with the next batch of proposals in the third quarter of 2023 at the latest; insists that these proposals take into account the priorities of the European Parliament as outlined in here;
Amendment 59 #
2022/2172(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the EU revenue side should be used strategically to create incentives for more social and , tax and environmentaxl justice; underlines that green own resources should be complemented by tax-based own resources from the corporate sector for reasons of sufficiency, fiscal equivalence (those who benefit from the EU and its open markets should also contribute their fair share to its financing) and overall distributional fairness among Member States and sectors;
Amendment 62 #
Amendment 64 #
2022/2172(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines that dealing with the climate and biodiversity crises constitutes the need for further mobilising more resources and re-evaluating the current taxation policies in the EU; strongly believes that taxation can be used both to deter certain negative behaviours and enable investments to achieving the green transition to a carbon-neutral economy; stresses the importance of tax policy in reaching the 2030 and 2050 targets, particularly in reducing greenhouse gas emissions and phasing-out of fossil fuels; is highly concerned about the growing impact of aviation on the greenhouse gas emissions, while being continuously incentivised compared to more sustainable means of transport;
Amendment 66 #
2022/2172(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Urges the Commission to launch a proposal to make the aviation sector pay their fair share and to create the level playing field to guarantee the transition to a climate neutral economy, while bringing significant new revenues to the EU budget in the form of own resources; calls with this aim on the Commission to make proposals for creating a European kerosene tax and for adding the VAT on the airline tickets;
Amendment 68 #
2022/2172(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
Amendment 70 #
2022/2172(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Looks forward to and places high hopes, in this context, in the Commission’s upcoming Business in Europe: Framework for Income Taxation (BEFIT) initiative in the third quarter of 2023; agreurges thate Commission to propose a single corporate tax rulebook for the EU, based on the key features of a common tax base and the allocation of profits between Member States by using a formula or formulary apportionment, would constitute an excellent starting point for as a new own resource in the spirit of the roadmap; expects the new approach to this corporate tax-based own resource to address issues of national differences in corporate taxation that have so far impeded an own resource in this realm and to allow for a broad scope capturing more companies active in the single market than only the few very biggest and most profitable multinationals that are subject to the OECD Pillar One Agreement; stresses that any such own resource must take account of the impact the implementation of Pillar I and II of the global tax deal on the distribution of revenues in Member States; warns that if the negotiations regarding BEFIT are not concluded in a reasonable time frame, the Commission should consider other sources of revenue from large corporations that operate in the single market;
Amendment 77 #
2022/2172(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges with regret that any prospects for the introduction of a financial transaction tax under enhanced cooperation Urges the Commission to revive the proposal for a financial transaction tax in its 2011 model, which should yield around 41,5 billion EUR a year, and which has faded away in the course of recent years due to the Council blockades and to include this proposal in its second basket of new own resources; is of the opinion that the 50% of the revenues of the FTT should become part of the EU budget as a new own resource; calls on the Commission to consider a proposal for a new own resource based on an EU-wide VAT on financial services and to evaluate furthermore as options a common and standardised withholding tax framework, or an excise duty on the repurchase of shares by corporations, also known as shavre faded away in the course of recent years; insists, nevertheless,buybacks; further invites the Commission to consider a proposal for a new own resource based on taxing capital gains of financial institutions and multinational companies; insists that the financial sector be encompassed by the corporate or single market-based own resource initiative, ideally within the BEFIT context;
Amendment 86 #
2022/2172(INI)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Closing inequalities through fair taxation
Amendment 87 #
2022/2172(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Is highly concerned by impact of COVID-19 and the current multiple crises further exacerbating global inequalities and leading to the increase of extreme poverty for the first time in more than two decades; considers as highly worrying that according to the recent research the richest 1% captured nearly two thirds of all net wealth since 20203a; believes that the EU needs to take the leading role in tackling inequalities also via the EU budget and through developing its new own resources; _________________ 3a https://oxfamilibrary.openrepository.com/ bitstream/handle/10546/621477/bp- survival-of-the-richest-160123-summ- en.pdf
Amendment 91 #
2022/2172(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Calls on the European Commission to present urgently an assessment of possible new own resources based on different proposals for closing inequalities; this assessment should include proposals such as the options for an EU-wide progressive wealth tax for the super-rich individuals both concerning the excessive salaries and property, and for a windfall tax framework on the European level in order to deal with the excessive profits of companies especially in the energy and agriculture sector; also invites the Commission and Member States to consider an Inequality Contribution, such Inequality Contribution would impose a national contribution on Member States based on the share of total national income held by the top 10%;
Amendment 98 #
Amendment 101 #
2022/2172(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 105 #
2022/2172(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 114 #
2022/2172(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 126 #
2022/2172(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that inand reiterates its call from its position of 23 November 202215 , Parliament stated that in the event of a clear lack of progress at OECD level towards the Multilateral Convention by the end of 2023, a legislative proposal should be submitted for a digital levy or similar measure that can be enacted unilaterally and which can serve as a basis for an own resource of the Union in order to generate revenues by 2026; welcomes the debate over the contribution of large digital operators to network costs; _________________ 15 Texts adopted, P9_TA(2022)0404.
Amendment 136 #
2022/2172(INI)
21. Welcomes the policy steering effect of unrecycled-plastic based own resource; Sees high potential added value in own resources in the form of statistics- based national contributions which provide Member States with an incentive and a reward for vigorous implementation of EU- level policies; calls on the Commission to assess and simulate the impact of such national contributions calculated on the basis of statistics in the social or environmental areas where robust, common harmonised Eurostat data are available on an annual basis;
Amendment 139 #
2022/2172(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers that the exact scope and call rate of such statistics-based national contributions could be scaled and calibrated in such a way as to ensure the overall distributive fairness of the next basket of own resources; holds that such an comprehensive and well calibrated basket of own resource could thus replace and render superfluous any artificial reductions, lump sum rebates or correction mechanisms on the revenue side, which would otherwise compromise the consistency and incentivising force of the own resources policy;
Amendment 151 #
2022/2172(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the establishment of a biofoodwaste-based own resource; underlines that, under this mechanism, a share of GNI-based contributions would be replaced by a new distribution key requiring Member States recycling less biowaste to contribute more than Member States that recycle more biowaste, in a proportionate way; considers that this own resource would incentivise Member States to resort less to landfills; to pay contributions based on the amount of foodwaste generated in a given year; considers that this own resource would incentivise Member States to implement policies for foodwaste reduction measures thought the production chain and in the consumption phase; ((Justification:The amendment propose to change the proposal for a bio-waste own resource for a food-waste own resource, which constitutes a better option and is easier to achieve. The term ‘bio-waste’ means biodegradable garden and park waste, food and kitchen waste from households, offices, restaurants, wholesale, canteens, caterers and retail premises and comparable waste from food processing plants. The proposal aims at selecting a sub-stream of waste, namely food, and extending it further than communal waste streams upwards in the food supply chain (production waste). There is a very clear desired policy outcome linked to a statistical based own resource on food waste that is also nearly unanimously shared and understood by citizens: less food waste is good, we have an overarching goal to decrease this waste stream. In addition, a wide range of possible policy measures are available to decrease food waste and there is large margin for industrial and social innovation and a large array of additional positive effects of such waste reduction including potential price reduction of food. Eurostat already provides reporting of food waste that could serve as a good basis for the calculation of the contributions for such a statistical based own resource (https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Food_waste_an d_food_waste_prevention_-_estimates).)
Amendment 153 #
2022/2172(INI)
25. Reiterates that any public revenue generated by the implementation of EU policies, the enforcement of EU regulations or the use of EU-funded infrastructure should, by default and in order to mutualise the benefits, accrue to the EU budget, as an own resource or as other revenue, in particular where the levying, collection and enforcement is organised centrally by the Commissa Union Institution; calls on the Commission, when drafting proposals and for Parliament and the Council, as legislative authorities, to comply with this cross-cutting approach in their legislative work;
Amendment 163 #
2022/2172(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Recalls its consultative powers regarding the Own Resources Decision; is convinced that a more pronounced roleequal footing with the Council and a more pronounced role with co-decision power of the European Parliament as the legislative and budgetary authority in the underlying legislation, as well as in the annual procedure concerning the revenue side and debt levels, cwould enhance the visibility, legitimacy and democratic accountability of EU public finance; calls for an end to the unanimity principle for fiscal matters in the Council;
Amendment 166 #
2022/2172(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Reminds Member States that post- 2027 multilateral financial framework negotiations will beis fundamentally linked with own resources negotiations and the sufficient availability of own resources; stands ready to make use of all its budgetary powers to ensure that clear and effective progress is made in the area of own resources;
Amendment 12 #
2022/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the key role of cohesion policy in unlocking ORs’ potential and offsetting the impact of their permanent constraints; stresses the need to better account for ORs’ specific features in cohesion fund programming, while ensuring they can fully benefit from provisions enabling greater flexibility, namely higher co-financing rates and access to pre-financing; stresses the need to factor ORs’ specific circumstances fully in to delivery of the Green Deal and to tap into their potential to achieve self- sufficiency from full renewables by providing adequate support energy, as well as local and sustainable agriculture, by providing adequate and reinforced support; reiterates the potential of the ORs for the development of innovative pilot projects on renewable energies;
Amendment 15 #
2022/2147(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. 2bis. Underlines the specific vulnerability of ORs to the effects of climate change and biodiversity loss, in particular extreme weather events; stresses the environmental inequalities and injustices suffered by ORs; calls to increase efforts and investments in the environmental restauration of ORs, such as water and soil depollution; stresses that targeted regional policies and action aimed at protecting and restoring the unique biodiversity of the islands are necessary to preserve their natural resources and means of subsistence;
Amendment 26 #
2022/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the success of the programme of options specifically relating to remoteness and insularity (POSEI) and calls on the Commission to replicate this instrument for other sectors, such as transport, in the post-2027 MFF; reiterates the importance of increasingmaintaining adequate allocations for POSEI agriculture in the future to specifically fund sustainable agriculture and adaptation to climate change, transitioning away from practices that drive land and ecosystem degradation;
Amendment 32 #
2022/2147(INI)
5 a. Welcomes the Commission’s objective to strengthen ORs’ regional cooperation with neighbouring countries and territories, as a way to reinforce their economic resilience and their food self- sufficiency;
Amendment 3 #
2022/2062(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates its call for a capital increase and stresses that the European Investment Bank (EIB) mustand to maintain its ‘AAA’'AAA' high credit rating, and retain the confidence of the capital markefull confidence of the capital market in all its activities in light of its increasing role in implementing Union policies and within and outside the Union; expects the EIB to refrain from investments that could deter investors and increase its overall financing costs;
Amendment 6 #
2022/2062(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the fundamental role of the EIB as the EU’s public bank and the only international financial institution that is entirely owned by Member States and fully guided by EU policies and standards in supporting the social and economic recovery and targeting investments for attaining the EU’s objectives; notes that the EIB Group signed financing agreements totalling €72.5 billion in 2022
Amendment 8 #
2022/2062(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the financial assistance provided to Ukraine; ackages to Ukraine of 1.7 billion euros; takes note of the EIB’s needs assessment of 420 Billion EUR in the rapid damages and needs assessment conducted in cooperation with the World Bank ; calls for a continued thorough analysis of financial needs for Ukraine’s reconstruction and sustainable development prioritizing local needs, including of the war’s impact on the environment; expects, EIB to contribute to building back better with expertise (including Elena in particular) as well as additional lending in line with the Council Conclusions from 15 December 2022 and to be fully compatible with the EU’s climate and environmental objectives, especially by building energy efficient buildings and ensuring forests protection from logging as well as substantially contributing to the demining effort; reminds the EIB of the particular importance to carry out publicly available social and environmental impact assessments for projects, in particular those that may cause further damage and destruction of ecosystems, such as forestry, agriculture and hydropower projects; calls for a high degree of involvement of Ukrainian civil society in this regard and in particular for inclusion of civil society representatives in the Steering Committee for the Multi-agency Donor Coordination Platform; takes not of the specific measures already taken in Ukraine to ensure full regularity of the use of funds and expects the same standards to be upheld in future lending activities, especially as the financial flows are expected to increase considerably as well as to explore the possibility to use a war insurance mechanism
Amendment 15 #
2022/2062(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes that 58% of all new EIB loans in 2022 will finance climate and environmental sustainability as well as a record issuance of €19.9 billion in green bonds or sustainability bonds;
Amendment 17 #
2022/2062(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls on the EIB to develop a methodology and an estimate of the green funding gap in the EU identifying potential funding sources (public/private) also;
Amendment 20 #
2022/2062(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. AwaitsLooks forward to the review of the Climate Bankd Roadmap ahead of COP28; expects it to make the EIB fully alignmented with the 1.5 degree pathway, including the exclusion of blue hydrogen infrastructure and road and highway financing, and the requirement to conduct; calls for an exclusion of road and highway financing, as well as fossil-based hydrogen infrastructures; reiterates its call for the review to include a solid assessment of less carbon- intensive alternatives and ‘Scope 3’ emissions; for each project; Recalls that the longstop date for non-Paris-aligned operations was the end of 2022, expects the EIB to report on all signatures taken since the adoption of the Climate Bank Roadmap;
Amendment 27 #
2022/2062(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls foron the EIB’ to adapt its derisking architecture for green assets to be adapted to take account of the mixed records of commercial viability and the risks associated withof investments needed for climate transition, and to take stock of risks associated with directing concessional loans and public finance, with a view to improving the risk-reward ratios for projects with limited bankability 1; _________________ 1 D’Aprile, P., Engel, H., Helmcke, S., Hieronimus, S., Nauclér, T., Pinner, D., Van Gendt, G., Walter, D. and Witteveen, M., How the European Union could achieve net-zero emissions at net-zero cost, McKinsey & Company, December 2020.
Amendment 28 #
2022/2062(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the EIB to support and improve the risk-reward ratios of investment in smaller scale green infrastructure projects. Invites the EIB to draw the lessons from the implementation of products such as the climate and infrastructure funds including the relevance of intermediated equity to achieve such objective
Amendment 31 #
2022/2062(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates its call to work onlyhat the EIB should only work with clients and financial intermediaries that have a credible decarbonisation plans; opposes the exemptions granted under the Paris Alignment for Counterparties ( including short term targets compatible with 1,5 degree target put in place at the earliest, and by 2025 at the latest; calls on the EIB to systematically evaluate the credibility of the decarbonisation plans applying decarbonisation criteria compatible with 1,5 degree target before signing any new financial commitment; welcomes that the EIB’s clean energy financing reached a record €19.4 billion in 2022 as well as the decision to upscale the energy lending volume and to make loans more attractive; however, is extremely concerned about the exemptions granted under the PATH) framework in support of REPowerEUunder RepowerEU which will allow funding for companies with no decarbonisation plans and therefore increase oil drilling and engagement in the most polluting forms of unconventional fossil fuel production - coal mines and power plants, extracting oil from tar sands, drilling in the Arctic or fracking ; calls for a haltfull stop to fossil fuels financing; , in all forms;
Amendment 37 #
2022/2062(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the key role of the EIB in a just transition; invites the EIB to support projects delivering affordable access to renewable energy, housing and public services, community-led initiatives, and small projects; calls on the EIB to lower the minimum loan size of individual projects or loan schemes; encourages the EIB to cooperate with national and regional financial institutions to deliver targeted financing;
Amendment 39 #
2022/2062(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the EIB to scale up gender-smart climate financing;
Amendment 40 #
2022/2062(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Recalls the role played by the EIB in the EU Raw Material Alliance and the Union’s ambition to ensuring a higher degree of autonomy of CRM supply; calls on the EIB to support CRM-related projects that aim first at avoiding any new mining processes and at recycling secondary raw material;
Amendment 41 #
2022/2062(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
Amendment 42 #
2022/2062(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Welcomes the EIB’s Green Hydrogen Fund ambition to support the reduction of emissions from hard-to-abate sectors in developing countries through the development of renewable hydrogen, which should only serve that purpose; insists that additionality in those developing countries should be guaranteed so as to avoid the cannibalisation of existing renewable electricity used for direct electrification; underlines the importance of developing only renewable-based hydrogen in localised closed networks; is concerned about derisking private investments for large-scale green hydrogen projects for non-EU countries, in particular those aimed at export, in countries with alarming human rights track records, and where decisions on projects financed are unlikely to be taken with adequate degree of transparency, accountability and public participation;
Amendment 43 #
2022/2062(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Expects to see enhanced public reporting on efforts and initiatives to mainstream nature in analyses and operations as well as specific reporting on nature positive investments in line with the commitments made by the EIB; expect the new forestry lending paper to ensure that EIB lending does not directly or indirectly contribute to deforestation or aforestation;
Amendment 44 #
2022/2062(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Expects the EIB to apply stringent animal welfare standards to the projects it finances; calls for projects financed to fully respect animal welfare legislation, and to build on the example of the EBRD, clearly excluding harmful practices such as force-feeding of ducks and geese, and the keeping of animals for the primary purpose of fur production or any activities involving fur production;
Amendment 45 #
2022/2062(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Welcomes the decision reflected in the updated “Excluded Activities” to not finance the extraction of mineral deposits from the deep sea2a; is worried, however, that some projects financed by the Bank are disputable from an ecological and animal welfare point of view, for instance projects of large-scale industrial fish farming; calls for aquaculture projects to not remove more wild fish from the oceans for its feed requirements than it produces, and to not contribute to the degradation of the marine environment _________________ 2a EIB eligibility, excluded activities and excluded sectors list, 2022
Amendment 46 #
2022/2062(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on EIB Global to deviseNotes that EIB Global signed 10.8 billion euros in new financing; reminds that EIB operations outside of Europe are based on the general principles guiding EU external action as set forth in Article 21 of the Treaty on the European Union, such as supporting democracy and the rule of law, human rights and fundamental freedoms; is of the opinion that EIB Global should also be accountable for compliance with the principles stated in the Paris Declaration on Aid Effectiveness and Accra Agenda for Action (ownership, alignment, harmonisation, managing for results and mutual accountability); these principles should guide its operations as a public bank tasked with a development mandate; calls on EIB Global to develop a strategy centred on clear development additionality, as well as sustainable development agenda including solid human rights and environmental standards, and to include civil society organisations in that process; calls on the EIB to address the global consequences of the Russian aggression in this context with a particular focus on supply chain for food and sustainable access to food across the globe; calls on the EIB to encourage member states to invite their respective Development Ministries to take part in the EIB Global's Board Advisory Group; reiterates its call for EIB global to limit blending operations to areas where they can add value to the local economy, while excluding blended finance from essential public services, particularly health, education and social protection, as the monetisation of those sectors could widen already existing inequalities and jeopardise the universal access to those services; expects the EIB to pay particular attention to ensure a forced-labour free supply chain in its operations; calls on the EIB Global to increase its support to projects with limited bankability and high public return, and to lower the minimum loan size of individual projects, in particular in LDCs;
Amendment 54 #
2022/2062(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is concerned that the EIB has, at least once,Notes that over the last few years, the majority of cases dealt with by the EIB Complaints Mechanism related to projects outside of the EU; reiterates its call on the EIB to ensure that the complaints mechanism is accessible, effective and independent in order to detect and redress any possible human rights violations in EIB related projects; is concerned that, in at least one occurrence, the EIB failed to conduct a full inquiry into allegation a case of alleged practices of bribery and misuse of funds involvingby a financial intermediary outside of the EU; calls on the EIBBank to reopen all such casthe case led through the Complaints Mechanism and to assess whether there was any breach of the anti-fraud policy, due to the reputational risks such cases could pose, also considering the social consequences that unfolded for local communities;
Amendment 63 #
2022/2062(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Takes note of the information note on the EIB’s human rights approach2; calls for clear and binding rules, in particular on human resources due diligencerecent EIB note on its approach on human rights while pointing to the fact that there is no clear stance on when it should step in to resolve an issue or disengage from a project, or recover loans or investments, nor does it engage to external consultations despite repeated calls from the Parliament; calls for clear and binding rules, in particular on assessment and disengagement to complement the note; reminds that the integration of human rights into its due diligence procedures, human rights impact assessments, and ondisengagement; _________________ 2 EIB, The European Investment Bank’s approach to human rights, information note, Luxembourg, 6 February 2023.the need for the EIB’s general human rights commitment to be anchored in a responsibility to respect human rights and expresses particular concern that since 2015, no standalone human rights impact assessments have been required by the EIB to be carried out by promoters; furthermore reiterates its call on EIB Global to ensure inclusive and meaningful consultation and engagement with communities impacted by its projects prior to their approval and throughout project implementation; underlines that specific measures should be implemented to include indigenous peoples, women, persons with disabilities and other vulnerable groups during the consultations;
Amendment 67 #
2022/2062(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Is concerned that the transparency and harm prevention of EIB intermediated investments have fallen behind other public financial institutions,EIB falls behind other public financial institutions in terms of transparency, and in ensuring no harm is done by the Bank’s intermediated investments rating only fair on the 2022 Aid Transparency Index 3; recalls that the EIB’s 2021in 2021 EIB adopted newTransparency Policy runscounter to the presumption of disclosure as it entails that the Bank should think of its client interest first and then apply the grounds of refusal in a manner that concords with these interests and hence not aligned with applicable exceptions listed in 1049/2001 and 1367/2006; urges the EIB to swiftlyimplement immediatelythe European Ombudsman’s recommendations of 21 April 20224. on the need for the EIB to adopt a ‘more ambitious approach to its disclosure practice’, to act in line with EU transparency laws, and to be more transparent with regard to the potential environmental impact of the projects it finances and in particular more information about any financial intermediary sub-projects that have a significant impact on the environment4; _________________ 3 Publish What You Fund, 2022 Aid Transparency Index, 2022. 4 Decisions of the European Ombudsman of 21 April 2022 in Cases 1065/2020/PB, 1251/2020/PB and 1252/2020/PB.
Amendment 72 #
2022/2062(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Expresses concerns about health and safety at work and calls on the EIB to take all the necessary measures in consultation with representatives of the employees to significantly ameliorate the situation;
Amendment 39 #
2022/0147(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Ensuring the same high level of consumer protection across the internal market is best achieved through full harmonisation. Full hHarmonisation is necessary in order to ensure that all consumers in the Union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. Member States should therefore nothowever be allowed to maintain or introduce national provisions other than those laid down in this Directive, with respect to aspects covered by the Directive, unless otherwise provided in this Directive to address specific situations or in light of the public interest. WThere no such harmonised provisions existfore, Member States should remain free to maintain or introduce national legislation.
Amendment 43 #
2022/0147(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to address the fact that the progressive introduction of Union sector specific legislation has led to significant overlaps of that legislation with Directive 2002/65/EC and that digitalisation exacerbated some aspects that are not fully addressed by the Directive, including how and when information should be provided to the consumer, it is necessary to revise the rules applicable to financial services contracts concluded between a consumer and a trader at a distance and off-premises, while at the same time ensuring the application of the ‘safety net’ feature.
Amendment 46 #
2022/0147(COD)
Proposal for a directive
Recital 10
Recital 10
(10) While not all the provisions of Directive 2011/83/EU should apply to financial services contracts concluded at a distance due to the specific nature of those services, a number of provisions of Directive 2011/83/EU, such as relevant definitions, rules on additional payments, rules on ancillary contracts, rules on inertia selling, on enforcement and penalties, should also apply to financial services contracts concluded at a distance. The application of those provisions ensures complementarity between the different types of contracts concluded at a distance. The extension of the application of the rules on penalties of Directive 2011/83/EU will ensure that effective, proportionate and dissuasive fines are imposed on traders responsible for widespread infringements or widespread infringements with a Union dimension.
Amendment 50 #
2022/0147(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Since distance financial services contracts are most commonly concluded by electronic means, rules on ensuring online fairness when financial services are contracted at a distance should contribute to the achievement of the goals laid down in Article 114 TFEU and Article 38 of the Charter of the Fundamental Rights of the EU. The rule on adequate explanations should ensure added transparency and provide the consumer with the possibilityright to request human intervention when he or she interacts with the trader through online interfaces, such as a chatbox or similar tools. The trader should be prohibited to deploy measures in his or her online interface or any other practices relating to dark patterns that could distort or impair the consumers’ ability to make a free, autonomous and informed decision or choice.
Amendment 52 #
2022/0147(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 54 #
2022/0147(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services unless provided otherwise in those acts. For instance, when Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the informadequate explanations to be provided to the consumer prior to the conclusion of the contract. _________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
Amendment 57 #
2022/0147(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 63 #
2022/0147(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least onetwo days prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a daytwo days, i.e. one day at the latest, before the conclusion of the distance contract for financial service. In case the contract is concluded less than one day beforany case, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.
Amendment 65 #
2022/0147(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The information requirements should be modernised and updatedmade future- proof. This Directive updates those to include, for example, the email address of the trader and others means of communication. Information requirements should also be adapted to include the information on the risk and reward related to certain consumer financial services. Consumers should also be clearly informed when the price presented to them is personalised on the basis of automated processing.
Amendment 74 #
2022/0147(COD)
(25) For distance contracts concluded by electronic means, the trader should provide the consumer with the possibility to use a withdrawal button. This withdrawal button should be introduced not only for contracts concluded at a distance for financial services but also for contracts concluded at distance for goods and services to ensure easy exercise of the right of withdrawal for consumers. In order for ensure the effective use of the withdrawal button, the trader should ensure that it is visible and, when the consumer uses the button, the trader should adequately document its use, allowing the consumers to easily identify themselves and to confirm the withdrawal from the contract through a dedicated button.
Amendment 77 #
2022/0147(COD)
Proposal for a directive
Recital 26
Recital 26
(26) CIn addition to the pre-contractual information received, consumers may need assistance in order to understand and decide which financial service is the most appropriate for his or her needs and financial situation. Therefore, Member States should ensure that before the conclusion of a financial service contract at a distance, traders provide such assistance in relation to the financial services which they offer to the consumer, by providing adequate explanations about the relevant information, including the essential characteristics of the products proposed. Where relevant, the explanations provided should encompass the social and environmental objectives of the offer, as well as how the achievement of such objectives is monitored. The provision of such information should be free of charge for consumers. The obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. In order to ensure that the consumer understands the effects that the contract may have on his or her economic situation, the consumer should always be able to request and obtain human intervention on behalf of the trader.
Amendment 81 #
2022/0147(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) Consumers rely in some cases on comparison tools, including websites, to assess different offers in the area of financial services. It is therefore crucial to ensure access to independent and certified comparison tools that enable consumers to receive impartial and neutral overview of the different offers through compliance with a minimum set of requirements.
Amendment 82 #
2022/0147(COD)
Proposal for a directive
Recital 26 b (new)
Recital 26 b (new)
(26 b) Similarly, misleading advertising or information on the financial services offered and their performances might incite consumers to purchase financial services that are not appropriate for their financial needs and interests. Any advertising on financial services should respect a minimum set of rules, irrespective of the format they are provided to consumers.
Amendment 89 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 1
Article 3 – paragraph 1b – subparagraph 1
‘Articles 1 and 2, Article 3(2), (5) and (6), Article 46a, Article 8(6), Article 11(a), Article 15, Articles 16a to 16e, Article 19, Articles 21 to 23, Article 24(1), (2), (3) and (4) and Articles 25, 26 and 267 shall apply to distance and off-premises contracts concluded between a trader and a consumer for the supply of financial services.
Amendment 98 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Directive 2011/83 EU
Article 11a (new)
Article 11a (new)
(1 b) The following Article 11a is inserted: Article 11a Withdrawal button for distance contracts concluded by electronic means 1. Member States shall ensure that, for distance contracts concluded by electronic means, the trader provides a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. Such button shall be clearly labelled with the words ‘Withdraw from Contract’ or a corresponding unambiguous formulation. 2. The withdrawal button shall be placed in a prominent manner and permanently available during the entire withdrawal period on the same electronic interface as the one used to conclude the distance contract. In addition, the trader may also provide the withdrawal button through another channel. 3. The activation of the withdrawal button shall require the consumers to identify themselves and the contract they want to withdraw from. Consumers shall be asked to confirm the withdrawal from the contract through a button that is clearly labelled as a “confirmation button”. 4. The trader shall ensure that the activation of the withdrawal “confirmation’ button results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal, and where applicable, indicate the further requirements necessary to complete the withdrawal process. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium. 5. As regards compliance with this Article, burden of proof shall be on the trader.
Amendment 99 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
RULES CONERNING FINANCIAL SERVICES CONTRACTS CONCLUDED AT A DISTANCE AND OFF- PREMISES
Amendment 102 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – title
Article 16a – title
Information requirements for distance and off-premises contracts for consumer financial services
Amendment 109 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point b
Article 16a – paragraph 1 – point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number and, email address; in addition, where the trader provides and other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficiently; where applicable, the trader shall also provide the geographical address and, identity, telephone number and email address of the trader on whose behalf he is acting;
Amendment 110 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 1 – point c
Article 16a – paragraph 1 – point c
(c) if different from the addressinformation provided in accordance with point (b), the geographical address of the place of business of the trader, telephone number and email address, and, where applicable, thatose of the trader on whose behalf he is acting, where the consumer can address any complaints;
Amendment 118 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 1 – point va (new)
Article 16a – paragraph 1 – point va (new)
(v a) where applicable, the existence of guarantee funds or other compensation arrangements;
Amendment 123 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 2 – subparagraph 1
Article 16a – paragraph 2 – subparagraph 1
Member States shall prohibit any offer or sale of financial services to consumers without their prior request and explicit agreement. In the case of telephone communications, the identity of the trader and the commercial purpose of the call initiated by the trader shall be made explicitly clear at the beginning of any conversation with the consumer.
Amendment 136 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 2a (new)
Article 16a – paragraph 2a (new)
2 a. With respect to off-premises contracts, the trader shall give the information referred to in paragraph 1 to the consumer on paper or, if the consumer agrees, on another durable medium. That information shall be legible and in plain, intelligible language.
Amendment 138 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 3 – subparagraph 1
Article 16a – paragraph 3 – subparagraph 1
The trader shall provide the information referred to in paragraph 1 at least onetwo days before the consumer is bound by any distance contract.
Amendment 143 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 3 – subparagraph 2
Article 16a – paragraph 3 – subparagraph 2
When the information referred to in paragraph 1 is provided less than two days, and in all cases, no later than one day before the consumer is bound by the distance contract, Member States shall require that the trader sends a reminder, on a durable medium, to the consumer of the possibility to withdraw from the distance contract and of the procedure to follow for withdrawing, in accordance with Article 16b. That reminder shall be provided to the consumer, at the latest, one day after the conclusion of the distance contract.
Amendment 145 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3a (new)
Article 16a – paragraph 3a (new)
3 a. Further to the provision of pre- contractual information in line with the requirements under this Article, the trader shall maintain the terms and conditions offered for a minimum period of 14 days starting from the date of receipt by the consumer.
Amendment 146 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 4 – subparagraph 1
Article 16a – paragraph 4 – subparagraph 1
The information referred to in paragraph 1 shall be made availableprovided to the consumer on a durable medium and laid out in a way that is easy to read, using characters of readable size.
Amendment 149 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 4 – subparagraph 5
Article 16a – paragraph 4 – subparagraph 5
The information referred to in paragraph 1 shall be made availableprovided upon request in an appropriatccessible format to persons with disabilities, including for consumers with a visual impairment.
Amendment 151 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 4a (new)
Article 16a – paragraph 4a (new)
4 a. At any time during the contractual relationship, the consumer, upon request, is entitled to receive the contractual terms and conditions on paper or any other durable medium. In addition, the consumer is entitled to change the means of distance communication used, unless this is incompatible with the contract concluded or with the nature of the financial service provided.
Amendment 154 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16b – paragraph 1 – subparagraph 1
Article 16b – paragraph 1 – subparagraph 1
The Member States shall ensure that the consumer shall have a period of 14 calendar days to withdraw from a contract without penalty and without giving any reason. This period shall be extended to 30 calendar days in distance contracts relating to personal pension operations and life insurances.
Amendment 172 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16b – paragraph 3
Article 16b – paragraph 3
3. The consumer shall have exercised his right of withdrawal within the withdrawal period referred to in paragraph 1 if the communication concerning the exercise of the right of withdrawal is sent or the withdrawal button referred to in paragraph 5Article 11(a) is activated by the consumer before that period has expired.
Amendment 173 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16b – paragraph 3a (new)
Article 16b – paragraph 3a (new)
3 a. In case the trader has not provided the consumer with the information on the right of withdrawal as required by point (p) of Article 16a or about the existence of a withdrawal button in accordance with Article 11a, the right of withdrawal shall not lapse. For cases where the trader has not provided the consumer with the required information on contractual terms and conditions, the withdrawal period shall expire 12 months and 14 calendar days from the day of conclusion of the contract.
Amendment 176 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16b – paragraph 5
Article 16b – paragraph 5
Amendment 182 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16d – paragraph 1 – introductory part
Article 16d – paragraph 1 – introductory part
1. Member States shall ensure that traders are required to provide adequate explanations to the consumer on the proposed financial services contracts that make it possible for the consumer to assess whether the proposed contract and ancillary services are adapted to his or her needs and financial situation. The provision of information shall be free of charge for consumers and take place not later than two days before the conclusion of the contract. The explanations shall, as a minimum, include the following elements:
Amendment 184 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(b a) environmental and social objectives of the proposed contract, including monitoring measures to ensure their achievements;
Amendment 188 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16d – paragraph 3 a (new)
Article 16d – paragraph 3 a (new)
3 a. As regards compliance with this Article, the burden on proof shall be on the trader.
Amendment 189 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d a (new)
Article 16d a (new)
Amendment 190 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d b (new)
Article 16d b (new)
Amendment 33 #
2022/0140(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In health systems, personal electronic health data is usually gathered in electronic health records, which typically contain a natural person’s medical history, diagnoses and treatment, medications, allergies, immunisations, as well as radiology images and laboratory results, spread between different entities from the health system (general practitioners, hospitals, pharmacies, care services). In order to enable that electronic health data to be accessed, shared and changed by the natural persons or health professionals, some Member States have taken the necessary legal and technical measures and set up centralised infrastructures connecting EHR systems used by healthcare providers and natural persons. Alternatively, some Member States support public and private healthcare providers to set up personal health data spaces to enable interoperability between different healthcare providers. Several Member States have also supported or provided health data access services for patients and health professionals (for instance through patients or health professional portals). They have also taken measures to ensure that EHR systems or wellness applications are able to transmit electronic health data with the central EHR system (some Member States do this by ensuring, for instance, a system of certification). However, not all Member States have put in place such systems, and the Member States that have implemented them have done so in a fragmented manner. In order to facilitate the free movement of personal health data across the Union and avoid negative consequences for patients when receiving healthcare in cross-border context, Union action is needed in order to ensure individuals have improved acess to their own personal electronic health data and are empowered to share it.
Amendment 37 #
2022/0140(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Timely and full access of health professionals to the medical records of patients is fundamental for ensuring continuity of care and avoiding duplications and errors. However, due to a lack of interoperability, in many cases, health professionals cannot access the complete medical records of their patients and cannot make optimal medical decisions for their diagnosis and treatment, which adds considerable costs for both health systems and natural persons and may lead to worse health outcomes for natural persons. Electronic health data made available in interoperable format, which can be transmitted between healthcare providers can also reduce the administrative burden on health professionals of manually entering or copying health data between electronic systems. Therefore, health professionals should be provided with appropriate electronic means, such as health professional portals, to use personal electronic health data for the exercise of their duties. Moreover, the Commission and the Member States should agree on ambitious time-based targets to implement improved health data interoperability across the Union. The access to personal health records should be transparent to the natural persons and natural persons should be able to exercise full control over such access, including by limiting access to all or part of the personal electronic health data in their records. Health professionals should refrain from hindering the implementation of the rights of natural persons, such as refusing to take into account electronic health data originating from another Member State and provided in the interoperable and reliable European electronic health record exchange format.
Amendment 43 #
2022/0140(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Digital health authorities should have sufficient technical skills, possibly bringing together experts from different organisations. The activities of digital health authorities should be well-planned and monitored in order to ensure their efficiency. Digital health authorities should take necessary measures to ensuring rights of natural persons by setting up national, regional, and local technical solutions such as national EHR, patient portals, data intermediation systems. When doing so, they should apply common standards and specifications in such solutions, promote the application of the standards and specifications in procurements and use other innovative means including reimbursement of solutions that are compliant with interoperability and security requirements of the EHDS. To carry out their tasks, the digital health authorities should cooperate at national and Union level with other entities, including with insurance bodies, healthcare providers, manufacturers of EHR systems and wellness applications, as well as stakeholders from health or information technology sector, entities handling reimbursement schemes, health technology assessment bodies, medicinal products regulatory authorities and agencies, medical devices authorities, procurers and cybersecurity or e-ID authorities.
Amendment 45 #
2022/0140(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In the context of MyHealth@EU, a central platform should provide a common infrastructure for the Member States to ensure connectivity and interoperability in an efficient and secure way. In order to guarantee compliance with data protection rules and to provide a risk management framework for the transmission of personal electronic health data, the Commission should, by means of implementing acts, allocate specific responsibilities among the Member States, as joint controllers, and prescribe its own obligations, as processor. Furthermore, to ensure the technological sovereignty of the Union and ensure the highest security standards, the platform should be licenced under an open source licence in line with the Open Source Strategy 2020-2023 (C(2020) 7149 final) and Commission decision 2021/C 495 I/01. This will increase transparency and ensure consumer trust and confidence in the platform.
Amendment 51 #
2022/0140(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 52 #
2022/0140(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The distribution of information on certified EHR systems and labelled wellness applications is necessary to enable procurers and users of such products to find interoperable solutions for their specific needs. A database of interoperable EHR systems and wellness applications, which are not falling within the scope of Regulations (EU) 2017/745 and […] [AI act COM/2021/206 final] should therefore be established at Union level, similar to the European database on medical devices (Eudamed) established by Regulation (EU) 2017/745. The objectives of the EU database of interoperable EHR systems and wellness applications should be to enhance overall transparency, to avoid multiple reporting requirements and to streamline and facilitate the flow of information. For medical devices and AI systems, the registration should be maintained under the existing databases established respectively under Regulations (EU) 2017/745 and […] [AI act COM/2021/206 final], but the compliance with interoperability requirements should be indicated when claimed by manufacturers, to provide information to procurers.
Amendment 54 #
2022/0140(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The categories of electronic health data that can be processed for secondary use should be broad and flexible enough to accommodate the evolving needs of data users, while remaining limited to data related to health or known to influence health. It can also include relevant data from the health system (electronic health records, claims data, disease registries, genomic data etc.), as well as data with an impact on health (for example consumption of different substances, homelessness, health insurance, minimum income, professional status, behaviour, including environmental factors (for example, pollution, radiation, use of certain chemical substances). They can also include person- generated data, such as data from medical devices, wellness applications or other wearables and digital health applications. The data user who benefits from access to datasets provided under this Regulation could enrich the data with various corrections, annotations and other improvements, for instance by supplementing missing or incomplete data, thus improving the accuracy, completeness or quality of data in the dataset. To support the improvement of the original database and further use of the enriched dataset, the dataset with such improvements and a description of the changes should be made available free of charge to the original data holder. The data holder should make available the new dataset, unless it provides a justified notification against it to the health data access body, for instance in cases of low quality of the enrichment. Secondary use of non-personal electronic data should also be ensured. In particular, pathogen genomic data hold significant value for human health, as proven during the COVID-19 pandemic. Timely access to and sharing of such data has proven to be essential for the rapid development of detection tools, medical countermeasures and responses to public health threats. The greatest benefit from pathogen genomics effort will be achieved when public health and research processes share datasets and work mutually to inform and improve each other.
Amendment 61 #
2022/0140(COD)
Proposal for a regulation
Recital 73 a (new)
Recital 73 a (new)
(73 a) Consumers should be entitled to enforce their rights in relation to the obligations imposed on economic operators under this Regulation through representative actions in accordance with Directive (EU) 2020/1828 of the European Parliament and of the Council. For that purpose, this Regulation should provide that Directive (EU) 2020/1828 is applicable to the representative actions concerning infringements of the provisions of this Regulation that harm or can harm the collective interests of consumers. The Annex to that Directive should therefore be amended accordingly. It is for the Member States to ensure that that amendment is reflected in their transposition measures adopted in accordance with Directive (EU) 2020/1828, although the adoption of national transposition measures in this regard is not a condition for the applicability of that Directive to those representative actions. The applicability of Directive (EU) 2020/1828 to the representative actions brought against infringements by economic operators of provisions of this Regulation that harm or can harm the collective interests of consumers should start from the date of application of this Regulation.
Amendment 62 #
2022/0140(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) manufacturers and suppliers of EHR systems and wellness applications placed on the market and put into service in the Union and the users of such products; (This amendment applies throughout the text.)
Amendment 64 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ‘non-personal electronic health data’ means data concerning health and genetic data in electronic formatin electronic format relevant for health research that falls outside the definition of personal data provided in Article 4(1) of Regulation (EU) 2016/679;
Amendment 65 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
(h) ‘registration of electronic health data’ means the recording of health data in an electronic format, through manual entry of data, through the collection of data by a device, or through the conversion of non- electronic health data into an electronic format, to be processed in an EHR system or a wellness application;
Amendment 67 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
(m) ‘EHR’ (electronic health record) means an electronic collection of electronic health data related to a natural person and collected in the health system, processed for healthcare purposes;
Amendment 71 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 74 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point ae a (new)
Article 2 – paragraph 2 – point ae a (new)
(ae a) ‘common specifications’ (CS) means a set of technical and/or clinical requirements, other than a standard, that provides a means of complying with the legal obligations applicable to an EHR system.
Amendment 80 #
2022/0140(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall establish a central platform for digital health to provide services to support and facilitate the exchange of electronic health data between national contact points for digital health of the Member States. The central platform shall be licenced under an open- source licence and published in the Open Source code repository of the EU institutions.
Amendment 83 #
2022/0140(COD)
Proposal for a regulation
Chapter III – title
Chapter III – title
III EHR systems and wellness applications
Amendment 85 #
2022/0140(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. PNotwithstanding the obligations laid down in Regulation [AI act COM/2021/206 final], providers of high- risk AI systems as defined in Article 6 of Regulation […] [AI act COM/2021/206 final], which does not fall within the scope of Regulation (EU) 2017/745, that claim interoperability of those AI systems with EHR systems will need to prove compliance with the essential requirements on interoperability laid down in Section 2 of Annex II of this Regulation. Article 23 of this Chapter shall be applicable to those high-risk AI systems.
Amendment 87 #
2022/0140(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. EHR systems may be placed on the market or put into service only if they comply with the provisions laid down in this Chapter and in Annex II.
Amendment 88 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) draw up and keep up to date the technical documentation of their EHR systems in accordance with Article 24;
Amendment 89 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) ensure that their EHR systems are accompanied, free of charge for the user, by the information sheet provided for in Article 25 and by clear and complete instructions for use in accessible formats for persons with disabilities;
Amendment 90 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
(g) take without undue dimmediatelay any necessary corrective action in respect of their EHR systems whichen manufacturers consider or have reasons to believe that such systems are not in conformity with the essential requirements laid down in Annex II, or recall or withdraw such systems;
Amendment 91 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point h
Article 17 – paragraph 1 – point h
(h) immediately inform the distributors of their EHR systems and, where applicable, the authorised representative and importers of any corrective action, recall or withdrawal;
Amendment 92 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point i
Article 17 – paragraph 1 – point i
(i) immediately inform the market surveillance authorities of the Member States in which they made their EHR systems available or put them into service of the non- conformity and of any corrective action taken;
Amendment 93 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point i a (new)
Article 17 – paragraph 1 – point i a (new)
(i a) immediately inform the market surveillance authorities of the Member States in which they made their EHR systems available, where manufacturers consider or have reasons to believe that such systems present a risk to the health or safety of natural persons or to other aspects of public interest protection;
Amendment 94 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point j
Article 17 – paragraph 1 – point j
(j) upon request of a market surveillance authority, provide itat least 6 months before placing on the market or putting into service their EHR systems, provide market surveillance authorities of the Member States concerned with all the information and documentation necessary to demonstrate the conformity of their EHR system with the essential requirements laid down in Annex II.
Amendment 97 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. If the manufacturer fails to cooperate with market surveillance authorities or if the information and documentation provided is incomplete or incorrect, market surveillance authorities shall take all appropriate measures to prohibit or restrict the relevant EHR system from being available on the market, to withdraw it from the market or to recall it until the manufacturer cooperates or provides complete and correct information;
Amendment 98 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. A manufacturer of EHR systems established outside of the Union shall ensure that its authorised representative has the necessary documentation permanently available in order to fulfil the tasks referred to in Article 18(2).
Amendment 99 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 b (new)
Article 17 – paragraph 3 b (new)
3 b. Natural or legal persons may claim compensation for damage caused by a defective EHR system in accordance with applicable Union and national law. Manufacturers shall have measures in place to provide sufficient financial coverage in respect of their potential liability under Directive 85/374/EEC, without prejudice to more protective measures under national law.
Amendment 100 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 c (new)
Article 17 – paragraph 3 c (new)
3 c. Manufacturers shall make publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account accessibility needs for persons with disabilities, allowing users to file complaints and to inform them of risks related to their health and safety or to other aspects of public interest protection and of any serious incident involving an EHR system.
Amendment 101 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 d (new)
Article 17 – paragraph 3 d (new)
3 d. Manufacturers shall investigate complaints and information on incidents involving an EHR system they made available on the market without undue delay and shall keep an internal register of those complaints as well as of systems recalls and any corrective measures taken to bring the EHR system into conformity.
Amendment 102 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 e (new)
Article 17 – paragraph 3 e (new)
3 e. Personal data stored in the internal register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than 5 years after they have been encoded.
Amendment 103 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Prior to making an EHR system available on the Union market, a manufacturer of an EHR system established outsidWhere a manufacturer of an EHR system is established outside of the Union, the EHR system may only be made available ofn the Union shallmarket if the manufacturer appoints, by written mandate, appoint an authorised representative which is established in the Union.
Amendment 104 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. An authorised representative shall perform the tasks specified in the mandate received fromagreed with the manufacturer. The mandate shall allow the authorised representative to do at least the following:
Amendment 105 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) further to a reasoned request from a market surveillance authority, provide that authorityat least 6 months before placing an EHR system on the market or putting it into service, provide the market surveillance authorities of the Member States concerned with a copy of the mandate and with all the information and documentation necessary to demonstrate the conformity of an EHR system with the essential requirements laid down in Annex II in an official language which can be understood by that authority;
Amendment 107 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b a (new)
Article 18 – paragraph 2 – point b a (new)
(b a) immediately inform the manufacturer if the authorised representative has a reason to believe that an EHR system presents a risk to the health or safety of natural persons or to other aspects of public interest protection or if it is aware of any serious incident involving an EHR system;
Amendment 108 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b b (new)
Article 18 – paragraph 2 – point b b (new)
(b b) immediately inform the manufacturer about complaints received by users;
Amendment 109 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c a (new)
Article 18 – paragraph 2 – point c a (new)
(c a) terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation and immediately inform the market surveillance authority of the Member State in which is established.
Amendment 110 #
2022/0140(COD)
2 a. Where the manufacturer is not established in a Member State and has not complied with the obligations laid down in Article 17, the authorised representative shall be legally liable for non-compliance with this Regulation on the same basis as, and jointly and severally with, the manufacturer;
Amendment 111 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2 b. In case of change of the authorised representative, the detailed arrangements for the change shall be clearly defined in an agreement between the manufacturer, or where practicable the outgoing authorised representative, and the incoming authorised representative.That agreement shall address at least the following aspects: (a) the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative; (b) the transfer of documents, including confidentiality aspects and property rights;
Amendment 112 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) the manufacturer has drawn up the technical documentation and the EU declaration of conformity and ensure that it is made available to market surveillance authorities at least 6 months before an EHR system is placed on the market or put into service;
Amendment 113 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a a (new)
Article 19 – paragraph 2 – point a a (new)
(a a) the manufacturer is identified and an authorised representative in accordance with Article 18 has been appointed;
Amendment 114 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) the EHR system is accompanied by the information sheet referred to in Article 25 and appropriaby clear and complete instructions for use. in accessible formats for persons with disabilities.
Amendment 115 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the address, the postal and electronic address and the telephone number at which they can be contacted in a document accompanying the EHR system. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer.
Amendment 116 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where an importer considers or has reason to believe that an EHR system is not in conformity with the essential requirements in Annex II, it shall not make that system available on the market until that system has been brought into conformity. The importer shall inform without undue delaymmediately inform the manufacturer of such EHR system and the market surveillance authorities of the Member State in which it made the EHR system available, to that effect. Where an importer considers or has reason to believe that an EHR system presents a risk to the health or safety of natural persons or to other aspects of public interest protection, it shall immediately inform the market surveillance authority of the Member State in which the importer is established, as well as the manufacturer and where applicable, the authorised representative.
Amendment 117 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Importers shall, further to a reasoned request from a market surveillance authority, provide itat least 6 months before placing on the market or putting into service an EHR system, provide market surveillance authorities of the Member States concerned with all the information and documentation necessary to demonstrate the conformity of an EHR system in the official language of the Member State where the market surveillance authority is located. TheyImporters shall cooperate with that authority, at its request, and with the manufacturer and, where applicable, with the manufacturer’s authorised representative on any action taken to bring their EHR systems in conformity with the essential requirements laid down in Annex II, or to ensure that their EHR systems are withdrawn or recalled.
Amendment 119 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7 a. If the importer fails to cooperate with market surveillance authorities or if the information and documentation provided is incomplete or incorrect, market surveillance authorities shall take all appropriate measures to prohibit or restrict its EHR system from being available on the market, to withdraw it from the market or to recall it until the importer cooperates or provides complete and correct information.
Amendment 120 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7 b (new)
Article 19 – paragraph 7 b (new)
7 b. Importers shall verify whether the communication channels referred to in Article 17(3c), are publicly available to users allowing them to submit complaints and communicate any risk related to their health and safety or to other aspects of public interest protection and of any serious incident involving an EHR system. If such channels are not available, the importer shall provide for them, taking into account accessibility needs for persons with disabilities.
Amendment 121 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7 c (new)
Article 19 – paragraph 7 c (new)
7 c. Importers shall investigate complaints and information on incidents involving an EHR system they made available on the market and file those complaints, as well as of systems recalls and any corrective measures taken to bring the EHR system into conformity, in the register referred to in Article 17(3e) or in their own internal register. Importers shall keep the manufacturer, distributors and, where relevant, authorised representatives informed in a timely manner of the investigation performed and of the results of the investigation.
Amendment 122 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7 d (new)
Article 19 – paragraph 7 d (new)
7 d. Personal data stored in the internal register of complaints shall only be those personal data that are necessary for the importer to investigate the complaint. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded.
Amendment 123 #
2022/0140(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the EHR system is accompanied by the information sheet referred to in Article 25 and appropriaby clear and complete instructions for use in accessible formats for persons with disabilities;
Amendment 124 #
2022/0140(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where a distributor considers or has reason to believe that an EHR system is not in conformity with the essential requirements laid down in Annex II, it shall not make the EHR system available on the market until it has been brought into conformity. Furthermore, the distributor shall inform without undue delaymmediately inform the manufacturer or the importer, as well as the market surveillance authorities of the Member states where the EHR system has been made available on the market, to that effect. Where a distributor considers or has reason to believe that an EHR system presents a risk to the health or safety of natural persons or to other aspects of public interest protection, it shall immediately inform the market surveillance authority of the Member State in which the distributor is established, as well as the manufacturer, the importer and where applicable, the authorised representative.
Amendment 125 #
2022/0140(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Distributors shall, further to a reasoned request from a market surveillance authority, provide it with all the information and documentation necessary to demonstrate the conformity of an EHR system. They shall cooperate with that authority, at its request, and with the manufacturer, the importer and, where applicable, with the manufacturer’s authorised representative on any action taken to bring their EHR systems in conformity with the essential requirements laid down in Annex II. or to ensure that their EHR systems are withdrawn or recalled.
Amendment 127 #
2022/0140(COD)
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4 a. Distributors that have received complaints from users about suspected incidents involving an EHR system they made available on the market, shall immediately forward this information to the manufacturer and, where applicable, the manufacturer's authorised representative and the importer. They shall keep a register of complaints, of non-conforming EHR systems and of recalls and withdrawals, and keep the manufacturer and, where available, the authorised representative and the importer informed of such monitoring and provide them with any information upon their request.
Amendment 128 #
2022/0140(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
Cases in which obligations of manufacturers of an EHR system apply to importers and distribuother economic operators
Amendment 130 #
2022/0140(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
An importer or distributoeconomic operator other than the manufacturer shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations laid down in Article 17, where they made an EHR system available on the market under their own name or trademark or modify an EHR system already placed on the market in such a way that conformity with the applicable requirements may be affected.
Amendment 137 #
2022/0140(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Where common specifications covering interoperability and security requirements of EHR systems affect medical devices or high-risk AI systems falling under other acts, such as Regulations (EU) 2017/745 or […] [AI Act COM/2021/206 final], the adoption of those common specifications mayshall be preceded by a consultation with the Medical Devices Coordination Group (MDCG) referred to in Article 103 of Regulation (EU) 2017/745 or the European Artificial Intelligence Board referred to in Article 56 of Regulation […] [AI Act COM/2021/206 final], as applicable, as well as the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 .
Amendment 138 #
2022/0140(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. Where common specifications covering interoperability and security requirements of medical devices or high- risk AI systems falling under other acts such as Regulation (EU) 2017/745 or Regulation […] [AI Act COM/2021/206 final], impact EHR systems, the adoption of those common specifications shall be preceded by a consultation with the EHDS Board, especially its subgroup for Chapters II and III of this Regulation, and, where applicable, the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679.
Amendment 139 #
2022/0140(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. ThManufacturers shall draw up and keep up-to-date technical documentation shall be drawn up before the EHR system is placed on the market or put into service and shall be . The technical documentation shall be submitted to the markept up-to-datsurveillance authorities of the Member States concerned at least 6 months before an EHR system is placed on the market or put into service.
Amendment 140 #
2022/0140(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The technical documentation shall be drawn up in such a way as to demonstrate that the EHR system complies with the essential requirements laid down in Annex II and provide market surveillance authorities with all the necessary information to assess the conformity of the EHR system with those requirements. It shall contain, at a minimum, the elements set out in Annex III. In case the system or any part of it complies with European standards or common specifications, the list of the relevant European standards and common specifications shall also be indicated.
Amendment 141 #
2022/0140(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
(a) the identity, registered trade name or registered trademark, and the contact details of the manufacturer, including the postal and electronic address and the telephone number and, where applicable, of its authorised representative;
Amendment 142 #
2022/0140(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 67 to supplement this Regulation by allowing manufacturers to enter the information referred to in paragraph 2 into the EU database of EHR systems and wellness applications referred to in Article 32, as an alternative to supplying the information sheet referred to in paragraph 1 with the EHR system.
Amendment 143 #
2022/0140(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The EU declaration of conformity shall state that the manufacturer of the EHR system has demonstrated that the essential requirements laid down in Annex II have been fulfilled. The manufacturer shall regularly update the EU declaration of conformity.
Amendment 144 #
2022/0140(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the conformity ofcompliance with the requirements of this Regulation and of all Union acts applicable to the EHR system.
Amendment 145 #
2022/0140(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. The Commission is empowered to adopt delegated acts in accordance with Article 67 amending the minimum content of the EU declaration of conformity set out in Annex IV.
Amendment 147 #
2022/0140(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1 a. The CE marking shall be affixed before making the EHR system available on the market.
Amendment 148 #
2022/0140(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. Where EHR systems are subject to other Union legislation in respect of aspects not covered by this Regulation, which also requires the affixing of the CE marking, the CE marking shall indicate that the systems also fulfil the requirements of that other legislation.
Amendment 151 #
2022/0140(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1 a. Where a market surveillance authority, on the basis of the information and documentation demonstrating the conformity of an EHR system provided by the relevant economic operator, considers or has reason to believe that the EHR system presents a risk to the health or safety of natural persons or to other aspects of public interest protection, including before the EHR system is placed on the market or put into service, it shall perform all the necessary checks to ensure that the system is compliant with this Regulation.
Amendment 152 #
2022/0140(COD)
Proposal for a regulation
Article 29 – paragraph 1 b (new)
Article 29 – paragraph 1 b (new)
1 b. Where a market surveillance authority considers or has reason to believe that an EHR system has caused damage to the health or safety of natural persons or to other aspects of public interest protection, it shall immediately provide information and documentation, as applicable, to the affected person or user and, as appropriate, other third parties affected by the damage caused to the person or user, without prejudice to data protection rules.
Amendment 153 #
2022/0140(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
Such notification shall be made, without prejudice to incident notification requirements under Directive (EU) 2016/1148, immediately after the manufacturer has established a causal link between the EHR system and the serious incident or the reasonable likelihood of such a link, and, in any event, not later than 157 days after the manufacturer becomes aware of the serious incident involving the EHR system.
Amendment 154 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. Where a market surveillance authority makes, inter alia, one of the following findings, it shall require the manufacturer of the EHR system concerned, its authorised representative and all other relevant economic operators to put an end to the non-compliance concernedbring the EHR system into conformity:
Amendment 155 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
(a) the EHR system is not in conformity with essential requirements laid down in Annex II and with the common specifications in accordance with Article 23;
Amendment 156 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) the technical documentation is either not available or not complete, or not in accordance with Article 24;
Amendment 157 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b a (new)
Article 30 – paragraph 1 – point b a (new)
Amendment 158 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) the EU declaration of conformity has not been drawn up or has not been drawn up correctly as referred to in Article 26;
Amendment 159 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point d a (new)
Article 30 – paragraph 1 – point d a (new)
(d a) the registration obligations of Article 32 has not been fulfilled.
Amendment 160 #
2022/0140(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 163 #
2022/0140(COD)
Proposal for a regulation
Article 32 – title
Article 32 – title
Registration of EHR systems and wellness applications
Amendment 164 #
2022/0140(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall establish and maintain a publicly available database with information on EHR systems for which an EU declaration of conformity has been issued pursuant to Article 26 and wellness applications for which a label has been issued pursuant to Article 31.
Amendment 165 #
2022/0140(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Before placing on the market or putting into service an EHR system referred to in Article 14 or a wellness application referred to in Article 31, the manufacturer of such EHR system or wellness application or, where applicable, its authorised representative shall register the required data into the EU database referred to in paragraph 1.
Amendment 166 #
2022/0140(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 67 to determine the list of required data to be registered by the manufacturers of EHR systems and wellness applications pursuant to paragraph 2.
Amendment 191 #
2022/0140(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. A European Health Data Space Board (EHDS Board) is hereby established to facilitate cooperation and the exchange of information among Member States. The EHDS Board shall be composed of the high level representatives of digital health authorities and health data access bodies of all the Member States. Other national authorities, including market surveillance authorities referred to in Article 28, European Data Protection Board and European Data Protection Supervisor mayshall be invited to the meetings, where the issues discussed are of relevance for them. The Board may also invite experts and observers to attend its meetings, and may cooperate with other external experts as appropriate. Other Union institutions, bodies, offices and agencies, research infrastructures and other similar structures shall have an observer role.
Amendment 195 #
2022/0140(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures by date of application of this Regulation and shall notify the Commission without delay of any subsequent amendment affecting them.
Amendment 196 #
2022/0140(COD)
Proposal for a regulation
Article 69 – paragraph 1 a (new)
Article 69 – paragraph 1 a (new)
When deciding on the amount of the penalty in each individual case, all relevant circumstances of the specific situation shall be taken into account and due regard shall be given to the following: (a) the nature, gravity and duration of the infringement and of its consequences, taking into account the nature, scope as well as the number of users affected and the level of damage suffered by them; (b) whether penalties have been already applied by other competent authorities to the same infringing party; (c) the size and market share of the economic operator committing the infringement; (d) the intentional or negligent character of the infringement; (e) any action taken by the infringing party to mitigate the damage of the infringement; (f) the degree of responsibility of the infringing party taking into account technical and organisational measures implemented to prevent the infringement; (g) the degree of cooperation with the competent authorities, in order to remedy the infringement and mitigate the possible adverse effects of the infringement; (h) the manner in which the infringement became known to the competent authorities, in particular whether, and if so to what extent, the infringing party notified the infringement; (i) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement.
Amendment 199 #
2022/0140(COD)
Proposal for a regulation
Article 69 – paragraph 1 b (new)
Article 69 – paragraph 1 b (new)
The non-compliance of an EHR system with any requirements or obligations under this Regulation, including the supply of incorrect, incomplete or misleading information to national competent authorities, shall be subject to penalties of up to 20 000 000 EUR or up to 6% of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 202 #
2022/0140(COD)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. After 53 years from the entry into force of this Regulation, the Commission shall carry out a targeted evaluation of this Regulation especially with regards to Chapter III, and submit a report on its main findings to the European Parliament and to the Council, the European Economic and Social Committee and the Committee of the Regions, accompanied, where appropriate, by a proposal for its amendment. The evaluation shall include an assessment of the self-certification of EHR systems and reflect on the need to introduce a conformity assessment procedure performed by notified bodies, as well as the need to designate a public testing facility of a Member State as a Union testing facility, pursuant to Article 21 of Regulation (EU) 2019/1020.
Amendment 205 #
2022/0140(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. After 75 years from the entry into force of this Regulation, the Commission shall carry out an overall evaluation of this Regulation, and submit a report on its main findings to the European Parliament and to the Council, the European Economic and Social Committee and the Committee of the Regions, accompanied, where appropriate, by a proposal for its amendment.
Amendment 209 #
2022/0140(COD)
Proposal for a regulation
Article 71 a (new)
Article 71 a (new)
Article 71 a Representative Actions Directive (EU) 2020/1828 shall apply to the representative actions brought against infringements by economic operators of provisions of this Regulation that harm or may harm the collective interests of consumers.
Amendment 114 #
2022/0095(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to create an effective and future-proof regulatory framework, it is necessary to allow for the setting of ecodesign requirements on all physical goods placed on the market or put into service, including components and intermediate products. This should allow the Commissions to take into account the broadest range of products possible when prioritising the establishment of ecodesign requirements and thereby maximise their effectiveness. Where needed, specific exemptions should be made when setting ecodesign requirements, for example for products with a particular purpose that could not be fulfilled when complying with ecodesgin requirements or for second- hand products that were placed or made available on the market before the entry into force of this Regulation or of the relevant Delegated Act. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44 , medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45 , veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46 , living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. _________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).
Amendment 183 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 46 a (new)
Article 2 – paragraph 1 – point 46 a (new)
Amendment 206 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by establishing ecodesign requirements for, or in relation to, products to improve their environmental sustainability. Those requirements shall include the elements listed in Annex VI and shall be established in accordance with Articles 5, 6 and 7 and Chapter III. The empowerment to adopt ecodesign requirements includes the power to establish that no performance requirements, no information requirements or neither performance nor information requirements are necessary for certain specified product parameters referred to in Annex I, as well as specify rules applicable to second-hand products that were placed or made available on the market before the entry into force of this Regulation or of the relevant delegated act. Where relevant, delegated acts shall specify rules applying to second-hand economic operators with regard to their obligations, especially with regard to product's compliance with performance and information requirements.
Amendment 214 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c a (new)
Article 4 – paragraph 3 – point c a (new)
(c a) requiring products placed on the market to be able to replace the operating system without artificial restrictions, limitations or obstacles by services and users with an operating system of a third- party, including free and open-source software
Amendment 263 #
2022/0095(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 268 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii a (new)
Article 7 – paragraph 2 – point b – paragraph 1 – point ii a (new)
(ii a) information for consumers and other end-users on how to install third- party operating systems, including free and open-source software, in order to facilitate reusability, upgradability and reparability of electronical devices as required in Article 5(1);
Amendment 360 #
2022/0095(COD)
Proposal for a regulation
Article 21 – paragraph 7 a (new)
Article 21 – paragraph 7 a (new)
7 a. Manufacturers shall ensure, that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions that enable consumers and other end-users to safely install, develop and maintain third-party operating systems, including free and open-source software, in a language that can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii).
Amendment 381 #
2022/0095(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Obligations of second-hand economic operators 1. When making available a second-hand product covered by a delegated act adopted pursuant to Article 4,second economic operators shall act with due care with regard to the specific requirements of the product set out in that act. Before making available a product on the market, they shall verify the following: a) The second-hand product is labelled or linked to a digital product passport in accordance with requirements set under Article 4. b) The second-hand product is accompanied by the required documents and instructions stored in the Digital Product Passport, provided that they are granted access to them, to enable the consumer to assemble, install, operate, store, maintain and dispose of the product, in a language that can be easily understood by consumers and other end- users. 2. Second-hand economic operators shall ensure that storage or transport conditions do not jeopardise its compliance with requirements set out in the delegated act adopted pursuant to Article 4. 3. Where second-hand economic operators replace a component of a second-hand product in view of making it available on the market, they shall ensure that the component comply with theecodesign requirements under this Regulation. 4. For cases where the second-hand economic operator has reasons to believe that the product, or a component introduced in the product before making it available on the market, is not inconformity with the ecodesign requirements as set under the delegated act adopted pursuant to Article 4 of this Regulation, it shall inform the competent authority of it and take corrective measures to bring the product in question into conformity, including withdrawal or recall. 5. Further to a reasoned request by a competent national authority, second- hand economic operators shall submit all information and required documents to demonstrate that they comply with the obligations under this Article.
Amendment 64 #
2022/0092(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices, such as practices associated with the early obsolescence of goods, misleading or false environmental claims (“greenwashing”), non-transparent, non-certified and non- credible sustainability labels or sustainability information tools, specific rules should be introduced in Union consumer law. This would enable national competent bodies to address those practices effectively. By ensuring that environmental claims are reliable and fair, consumers will be able to choose products that are genuinely better for the environment than competing products. This will encourage competition towards more environmentally sustainable products, thus reducing negative impact on the environment.
Amendment 66 #
2022/0092(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In order to deter traders from deceiving consumers as regards the environmental or social impact, durability or reparability of their products, including through the overall presentation of the products, Article 6(1) of Directive 2005/29/EC should be amended by adding the environmental or social impact, durability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading, following a case-by-case assessment. Information provided by traders on the social sustainability of products, such as working conditions, charity contributions or animal welfare, should not mislead consumers either. This includes statements such as “fairly produced”, “sustainable sound production”, "socially just". Making generic social claim should therefore be added to the Annex I of this Directive.
Amendment 69 #
2022/0092(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Environmental claims, in particular climate-related claims, increasingly relate to future performance in the form of a transition to carbon or climate neutrality, or a similar objective, by a certain date. Through such claims, traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. In the same vein, fossil fuel advertising suggests absolute environmental benefit of fossil fuels that are likely to be understood as factual statements by consumers whereas this is misleading. To ensure the fairness and credibility of such claims, Article 6(2) of Directive 2005/29/EC should be amended to prohibit such claims, following a case- by-case assessment, when based on offsetting schemes or when they are not supported by clear, objective and verifiable commitments and targets given by the trader. S as well as complemented by a realistic implementation plan to achieve this future environmental performance through the establishment of interim targets, based on existent and economically viable technologies, and allocation of sufficient resources. Those plans should be made publicly available and regularly reviewed and updated. Traders relying on such claims should also be supported by an accredited independent monitoring system to monitor the progress of the traderimplementation plan with regard to the commitments and targets.
Amendment 74 #
2022/0092(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The displaying of sustainability labels which are not based on a certification scheme or not established by public, comparison and information tools which were not pre-approved by a national or an EU authoritiesy should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011Such pre-approval of sustainability label, comparison and information tools should be subject to minimum requirements such as publicly available award criteria, developed through independent processes and going beyond what is required by EU legislation, impartial control procedures through accredited third-party verification schemes; accessibility and affordability for all market players, transparency for consumers on both processes and decision-taking; scientific robustness and stakeholder relevance, availability of compliance and dispute resolution mechanisms, regular review and update of award criteria. In case a sustainability label or an information and comparison tool concerns one environmental aspect of a product or service, this should be clearly displayed to consumers. All pre-approved sustainability labels and information and comparison tools should be registered in a database available to the public. Sustainability labels established by public authorities should not undergo a pre- approval procedure. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.
Amendment 78 #
2022/0092(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. Examples of such generic environmental claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, 'natural', 'animal-friendly', 'cruelty-free', 'sustainable', ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, 'deforestation-free', ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘carbon-proof certified’, ‘carbon neutral certified’, ‘climate neutral’, ‘energy efficient’, ‘biodegradable’, ‘plastic neutral’, ‘plastic-free’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claimy are based on offsetting of environmental impacts such as purchase of carbon or plastic credits, or whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim, based on scientific and objective methodologies such as the Product Environmental Footprint set out in the Commission Recommendation(EU)2021/2279 or equivalent methods established under Union or national law, is not provided in clear and prominent terms on the same medium, such as the same advertising spot, product’s packaging or online selling interface. For example, the claim ‘biodegradable’, referrThis is particularly important to prohibit claims suggesting tohat a product, would be a generic claim, whilst claiming or service has a neutral or positive carbon emissions’ impact on the environment in the sense that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim, which does not fall under this prohibitiony mislead consumers by making them believe that the product they buy has no impact on the environment while it cannot be substantiated by scientific evidence.
Amendment 85 #
2022/0092(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The Circular Economy Action Plan24 provides for the need to set the rules on environmental claims using Product and Organisation Environmental Footprint methods. Additional requirements onsetting a pre-approval procedure for environmental claims will have to be set in specific Union legislation. Those new requirements will contribute to the Green Deal25 objective of enabling buyers to make more sustainable decisions and reduce the risk of greenwashing through reliable, comparable and verifiable information. __________________ 24 COM(2020)98 final, 11 March 2020. 25 COM(2019)640 final, 11 December 2019.
Amendment 86 #
2022/0092(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the welfare of consumers, the amendments to Annex I to Directive 2005/29/EC should also address several practices associated with early obsolescence, including planned obsolescence practices,. Planned obsolescence is generally understood as a commercial policy involving deliberately planning or designing a product with a limited useful life so that it prematurely becomes obsolete or non-functional after a certain period of time. Premature obsolescence of products can occur when there is no deliberate intent to limit the lifetime of a product due, for example, to a design issue that leads to early failure. Hence, some minimum durability and reparability requirements for products should be established in Regulation EU [Ecodesign for Sustainable Products]. Marketing products that do not respect these minimum requirements once established should be prohibited and give consumers access to remedies in case of infringement. Purchasing products that are expected to last longer than they actually do causes consumer detriment. Furthermore, early obsolescence practices have an overall negative impact on the environment in the form of increased material waste. Therefore, addressing those practices are also likely to reduce the amount of waste, contributing to a more sustainable consumption.
Amendment 91 #
2022/0092(COD)
Proposal for a directive
Recital 15
Recital 15
(15) It should be prohibited to omit to informprovide the consumer that a software update, including a security update, that will negatively impact the use of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features. For example, when inviting consumers to update the operating system on their smartphone, the trader will have to inform the consumer if such an update will negatively impact urthermore, it should be prohibited to supply security updates together withe functioning of any of ality updates or other features of the smartphone-related upgrades.
Amendment 96 #
2022/0092(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It should also be prohibited to omit to inform the consumer about the existence of a feature of the good introduceintroduce feature into the design of the good to limit its durability. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition of omitting to inform consumersintroduction of such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771. __________________ 26 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
Amendment 100 #
2022/0092(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit presenting products as allowing repair when such repair is not possible, as well as omitting to inform consumers that it is not possible tothe marketing of products that cannot be repair goodsed, in accordance with legal requirements under Regulation EU [Ecodesign for Sustainable Products].
Amendment 104 #
2022/0092(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Another practice associated with early obsolescence which should be prohibited and added to the list in Annex I to Directive 2005/29/EC is inducing the consumer intothe marketing of goods that require replacing the consumables of a product earlier than would otherwise be necessary for technical reasons. Such practices mislead the consumer into believing thats to situations where the goods will no longer function unless their consumables are replaced, thus leading themconsumers to purchase more consumables than necessary. For example, the practice of urging the consumer, via the settings of the printer, to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited.
Amendment 105 #
2022/0092(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Annex I to Directive 2005/29/EC should also be amended to prohibit omitting to inform the consumer that the good ismarketing of goods that are designed to limit itstheir functionality when using consumables, spare parts or accessories that are not provided by the original producer. For example, the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer without disclosing this information to the consumer would be prohibited. This practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer, thus leading to unnecessary repair costs, waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. Similarly, marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer without disclosing this information to the consumer would be prohibited as well.
Amendment 108 #
2022/0092(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Audiovisual commercial communication influence consumer behaviour and encourage consumption of displayed products. Commercial communication are responsible for generating transactional decisions that would not have been taken otherwise. In order to engage consumers in the green transition, it is necessary that commercial communication be reserved for goods compatible with our environmental goals. Accordingly, those goods who have the worst environmental impact should be precluded from being promoted through commercial communications.
Amendment 109 #
2022/0092(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order for consumers to take better informed decisions and stimulate the demand for, and the supply of, more durable goods, specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract, through clear and easy-to-understand labels or, when such labels are not required under Union or national law, through minimum information requirements. Moreover, as regards goods with digital elements, digital content and digital services, consumers should be informed about the period of time during which free software updates are available in accordance with requirements under Union or national law, which is as a minimum, for a period of time that the consumer may reasonably expect. Free software updates should include both security and functionality updates, to be provided independently from each other. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and (EU) 2019/77130 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
Amendment 113 #
2022/0092(COD)
Proposal for a directive
Recital 23
Recital 23
(23) A good indicator of a good’s durability is the producer’s commercial guarantee of durability within the meaning of Article 17 of Directive (EU) 2019/771. Therefore, Directive 2011/83/EU should be amended to specifically require traders selling goods to inform consumers about the existence of the producer’s commercial guarantee of durability for all types of goods, where the producer makes this iduration of the legal guarantee of conformity, and where available, its voluntary extension provided by the trader or the producer free of charge Therefore, Directive 2011/83/EU should be amended to specifically require traders selling goods to inform consumers before the conclusion of the contract through a label on guaranteed lifetime of a good. Such label should include as a minimum the duration of the legal guarantee of conformity, and where provided on a voluntary basis by the producer, the duration of its extension. Information on availableility of after-sales and repair services should also be provided.
Amendment 115 #
2022/0092(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 119 #
2022/0092(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 120 #
2022/0092(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 122 #
2022/0092(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 124 #
2022/0092(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer commits to provide software updates for such goods. However, to avoid overloading consumers with information, such information should only be provided when this period is longer than the period of the producer’s commercial guarantee of durability, as that guarantee entails the provision of updates, including security updates, that are necessary to maintain the required functions and performance of goods with digital elements. Furthermore, information about the producer’s commitment to provide software updates is relevant only where the sales contract regarding goods with digital elements provides for a single act of supply of the digital content or digital service in respect of which Article 7(3), point (a), of Directive (EU) 2019/771 applies. In contrast, there should be no new obligation to provide that information where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, since for those contracts Article 7(3), point (b), ofAs a minimum this period of time should be the one the consumer may reasonably expect as required under Directive (EU) 2019/771 specifies, by reference to Article 10 (2) or (5), the period of time during which the seller is to ensure that the consumer is informed of and supplied with updates.
Amendment 127 #
2022/0092(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of the digital content or digital service, where the provider is different from the trader, commits to provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. Information about the provider’s commitment to provide software updates is relevant only where the contract proLikewise, traders offering digital content and digital servidces for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied witshould also inform consumers about the minimum period during which the provider of the digital content or digital service, where the provider is different from the trader, will provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. This information should include as a minimum the mandatory period foreseen under EU law to provide such updates.
Amendment 132 #
2022/0092(COD)
Proposal for a directive
Recital 31
Recital 31
(31) To allow consumers to make an informed transactional decision and choose goods that are easier to repair, traders should providedisplay, before the conclusion of the contract, for all types of goods, where applicable, the reparability score of the good as provided by the producer in accordance with Union or national law.
Amendment 136 #
2022/0092(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Pursuant to Article 5(1), point (e), and Article 6(1), point (m), of Directive 2011/83/EU traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services, including repair services, where such services are provided. In addition, in order to ensure that consumers are well informed about the reparability of the goods they purchase, where a reparability score is not established in accordance with Union or national law, traders should provide, for all types of goods, other relevant repair information that is made available by the producer, such as information about the availability of spare parts, and a user and repair manual.
Amendment 139 #
2022/0092(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Traders should provide consumers with information about the existence and duration of the producer’s commercial guarantee of durability, the minimum period for updates and the repair information other than the reparability score, where the producer or provider of the digital content or digital service, when different from the trader, makes the relevant information availableduration of legal guarantee of conformity and, where provided by producer free of charge, its voluntary extension, the minimum period for updates and the repair information other than the reparability score,. In particular, as regards goods, the trader should convey to consumers the information that the producer has provided to the trader or has otherwise intended to make readily available to the consumer before the conclusion of the contract, by indicating it on the product itself, its packaging or tags and labels that the consumer would normally consult before concluding the contract. The trader should not be required to actively search for such information from the producer, for example, on the product-specific websites. Where the producer does not make this information available, the consumer should be informed thereof.
Amendment 148 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o a (new)
Article 2 – paragraph 1 – point o a (new)
(oa) ‘generic social claim’ means any message or representation, which is not mandatory under Union law or national law, or specific and based on a certification scheme, including text, pictorial, graphic or symbolic representation, in any form, including labels, brand names, company names or product names, in the context of a commercial communication, which states or implies that a product or trader has been produced in accordance with social justice issues such as gender or racial equality, or that a trader made specific commitments towards fundamental rights, labour norms' respect or working conditions throughout the conception, the manufacturing process of the product and its components, and its distribution, compared to other products or traders;
Amendment 151 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
Amendment 154 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(q) ‘generic environmental claim’ means any explicit environmental claim in any form, not contained in a sustainability label, where the specification of the claim is not provided in clear and prominent terms on the same medium;
Amendment 157 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
(r) ‘sustainability label’ means any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business with reference to its environmental or social aspects or both , and for which criteria are publicly available free of cost, developed and regularly updated through independent processes, while reflecting significant improvements compared to minimum product requirements under Union or national law. This does not cover any mandatory label required in accordance with Union or national law;
Amendment 158 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point r a (new)
Article 2 – paragraph 1 – point r a (new)
(ra) 'pre-approval procedure’ means an ex-ante conformity assessment of the environmental claim, sustainability label or sustainability information tool by an EU body or a national competent authority based on requirements and criteria established in accordance with Union or national law;
Amendment 160 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point s
Article 2 – paragraph 1 – point s
(s) ‘certification scheme’ means a third-party verification scheme that is open underaccredited in accordance with Regulation 765/2008 that is open under publicly available transparent, fair and non- discriminatory terms and at reasonable costs to all traders willing and able to comply with the scheme’s requirements, which certifies that a product complies with certain transparent, scientific, verifiable and publicly available requirements, and for which the monitoring of compliance isand award of the certificate are objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader;
Amendment 166 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
(t) ‘sustainability information and comparison tool’ means software, including a website, part of a website or an application, operated by or on behalf of a trader, which provides information to consumers about environmental or social aspects of products, or which compares products on those aspects; . Any comparison shall be objective, by, in particular, comparing products or features of a product which serve the same function, using a common methodology based on verifiable data;
Amendment 168 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
(v) ‘durability’ means durthe ability as defined in Article 2, point (13), of Directive (EU) 2019/771 of the European Parliament and of the Council**; ______ ** Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).’of a product to function and maintain for a certain period of time its required function and performance under normal conditions of use, maintenance and repair;
Amendment 169 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point v a (new)
Article 2 – paragraph 1 – point v a (new)
(va) ‘premature obsolescence’ means practices that lead to the shortening of a product’s lifespan, either through its design or by not providing essential elements required for the product’s functioning;
Amendment 173 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 - point w a (new)
Article 2 – paragraph 1 - point w a (new)
(wa) ‘security update’ means an operating system update, including security patches, if relevant for a given good, whose main purpose is to provide enhanced security for the device or bring it into conformity;
Amendment 174 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w b (new)
Article 2 – paragraph 1 – point w b (new)
(wb) ‘functionality update’ means an operating system update that is not necessary to keep the good in conformity and whose main purpose is to improve current functionalities or implement new functionalities;
Amendment 177 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point y a (new)
Article 2 – paragraph 1 – point y a (new)
(ya) ‘offsetting’ means the purchase of credits, such as carbon or plastic credits, or provision of financial support for environmental projects, such as reforestation and renewable energy installation, to allegedly compensate for the purchaser’s own environmental impact, or of their goods or services.
Amendment 180 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2005/29/EC
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact, accessories, durability, reparability, reusability, recyclability, after- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;
Amendment 184 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(aa) in paragraph 2, point (c) is replaced by the following: ‘(c) any marketing of a good, in one Member State, as bewith seemingly identical to a goodpresentation to another good, which is marketed, in other Member States, while that good has significantlyunder the same brand, trademark or designation, while that good presents differentces in composition or characteristics, unless justified by legitimate and objective factors.including its sensory profile;’
Amendment 186 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) making an environmental claim related to future environmental performance without clear, objectiveof a trader based on offsetting schemes or without publicly available, clear, time-bound, objective, quantified, science-based and verifiable commitments and targets, and without an independent monitoring system; accredited in accordance with Regulation (EC) N°765/2008. Commitments and targets shall be complemented by a implementation plan to be updated annually based on economically and technically-viable technologies.
Amendment 197 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Article 12 a (new)
Article 12 a (new)
Amendment 198 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 2 – paragraph 1 – point 3 a
Article 2 – paragraph 1 – point 3 a
Amendment 202 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 a
Article 2 – paragraph 1 – point 14 a
(14a) ‘commercial guarantee of durability’ means a producer’svoluntary commercial guarantee of durability referred to in Article 17 of Directive (EU) 2019/771provided by the producer free of charge, under which the producer is directly liable to the consumer during the entire period of that guarantee for repair or replacement of the goods;
Amendment 203 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 b
Article 2 – paragraph 1 – point 14 b
(14b) ‘durability’ means durthe ability as defined in Article 2, point (13), of Directive (EU) 2019/771of a product to function and maintain for a certain period of time its required function and performance under normal conditions of use, maintenance and repair;
Amendment 208 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14e a (new)
Article 2 – paragraph 1 – point 14e a (new)
(14ea) ‘security update’ means an operating system update, including security patches, if relevant for a given good, whose main purpose is to provide enhanced security for the device or bring it into conformity;
Amendment 209 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14e b (new)
Article 2 – paragraph 1 – point 14e b (new)
(14eb) ‘functionality update’ means an operating system update that is not necessary to keep the good in conformity and whose main purpose is to improve current functionalities or implement new functionalities;
Amendment 213 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a – introductory part
Article 2 – paragraph 1 – point 2 – point a – introductory part
(a) the following points (ea) to (ed) are insertis replaced:
Amendment 217 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
Article 5 – paragraph 1 – point e a
(ea) for all goods, where the producer makes it available,a label indicating the guaranteed lifetime of the good, which should include information thaabout the goods benefit from a commerciduration of the legal guarantee of durabilconformity, and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two yearwhere applicable, about the existence and duration of a voluntary commercial guarantee of durability by the producer, as well as information about the existence and conditions of after-sales services;
Amendment 220 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e b
Article 5 – paragraph 1 – point e b
Amendment 226 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e c
Article 5 – paragraph 1 – point e c
(ec) for goods with digital elements, where the producer makes such information available, the minimum periothe minimum period, starting at the time of purchase, stated in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durabilityincluding the mandatory period foreseen under relevant Union law;
Amendment 231 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e d
Article 5 – paragraph 1 – point e d
(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum perio, the minimum period, starting at the time of purchase, stated in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of timeincluding the mandatory period of time foreseen under relevant Union law;
Amendment 240 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
(j) when point (i) is not applicable, information made available by the producer about the availability of spare parts, including the period during which they shall be available and the procedure of ordering them, and abouttheir price, the availability of a user and repair manual. as well as availability and access to diagnosis and repair tools. When this information is not provided by the producer, the consumer shall be informed thereof;
Amendment 244 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point -a (new)
Article 2 – paragraph 1 – point 3 – point -a (new)
Directive 2011/83/EU
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(-a) point (g) is replaced by the following: ‘(g) the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the services, the environmental impact of the delivery and the existence of more sustainable delivery options and, where applicable, the trader’s complaint handling policy;’;
Amendment 248 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a – introductory part
Article 2 – paragraph 1 – point 3 – point a – introductory part
(a) the following points (ma) to (md) are insertl) is replaced:
Amendment 251 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
Article 6 – paragraph 1 – point m a
(ma) for all types of goods, where the producer makes it available,a label indicating the guaranteed lifetime of the good, which should include information thaabout the goods benefit from a commerciduration of the legal guarantee of durabilconformity, and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two yearwhere applicable, about the existence and duration of a voluntary commercial guarantee of durability by the producer, as well as information about the existence and conditions of after-sales services;
Amendment 257 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m b
Article 6 – paragraph 1 – point m b
Amendment 260 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m c
Article 6 – paragraph 1 – point m c
(mc) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;including the mandatory period of time foreseen under relevant EU legislation.
Amendment 264 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m d
Article 6 – paragraph 1 – point m d
(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time foreseen under relevant Union law;
Amendment 275 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v
Article 6 – paragraph 1 – point v
(v) when point (u) is not applicable, information made available by the producer about the availability of spare parts, including the period during which they shall be available and the procedure of ordering them, and abouttheir price, the availability of a user and repair manual.; as well as availability and access to diagnosis and repair tools. When this information is not provided by the producer, the consumer shall be informed thereof
Amendment 287 #
2022/0092(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [182 months from adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 290 #
2022/0092(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from [2418 months from adoption].
Amendment 294 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 a
Annex I – point 2 a
2a. Displaying a sustainability label which iwas not baspre-approved onby a certification scheme or not established by publicnational or EU authoritiesy.;
Amendment 295 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 b (new)
Annex I – point 2 b (new)
2b. Displaying a sustainability information or comparison tool that was not pre-approved by a national or EU authority;
Amendment 296 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – introductory part
Annex I – paragraph 1 – point 2 – introductory part
(2) the following points 4a andto 4bh are inserted:
Amendment 302 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
4b. Making an environmental claim about the entire product, service or trader’s activities when it actually concerns only a certain aspect of the product.;, service or trader’s activities
Amendment 305 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b a (new)
Annex I – point 4b a (new)
4ba. Claiming that a good or a service has a neutral or positive greenhouse gas emissions’ impact on the environment;
Amendment 306 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b b (new)
Annex I – point 4b b (new)
4bb. Making an environmental claim in relation to a product or service that promotes fossil fuels or highly polluting industries;
Amendment 307 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b c (new)
Annex I – point 4b c (new)
4bc. Making an environmental claim that was not pre-approved in accordance with the minimum requirements established in accordance with national or Union law;
Amendment 308 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b d (new)
Annex I – point 4b d (new)
4bd. Making an environmental claim related to future environmental performance at the level of a product;
Amendment 309 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b e (new)
Annex I – point 4b e (new)
4be. Making a generic social claim;
Amendment 310 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b f (new)
Annex I – point 4b f (new)
4bf. Claiming that a product is biodegradable and omitting to inform the consumer about the conditions under which biodegradability can be achieved based on recognised standards;
Amendment 313 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3 a (new)
Annex I – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Annex I – point 13 a (new)
Annex I – point 13 a (new)
(3a) the following point 13a is inserted: 13a. Any marketing of a good as being identical or seemingly identical to the other good marketed in one or various Member State, while those goods have different composition or characteristics which have not been clearly marked on the packaging, so as to be visible to the consumer.
Amendment 314 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4 – introductory part
Annex I – paragraph 1 – point 4 – introductory part
(4) the following points 23d to 23im are inserted:
Amendment 318 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 d
Annex I – point 23 d
23d. Omitting to inform the consumer thatffering a software update that will negatively impact the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.
Amendment 323 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 e
Annex I – point 23 e
23e. Omitting to inform the consumer about the existence of a feature of a good introducedIntroducing a feature to limit itsthe durability of a good.
Amendment 329 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 g
Annex I – point 23 g
23g. Presenting goods as allowing repair when they do not or omitting to inform the consumer that goodsthat do not allow repair in accordance with legal requirements.
Amendment 334 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 h
Annex I – point 23 h
23h. Inducing the consumer intoMarketing a good that require replacing of the consumables of a good earlier than necessary for technical reasons is necessary.
Amendment 338 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i
Annex I – point 23 i
23i. Omitting to inform that a goodMarketing a good that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer..
Amendment 342 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i a (new)
Annex I – point 23i a (new)
23ia. Engaging in practices that lead to shortening of a product’s lifespan
Amendment 344 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i b (new)
Annex I – point 23i b (new)
23ib. Marketing a good without fixing a known design issue that leads to an early failure of the good in question;
Amendment 346 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i c (new)
Annex I – point 23i c (new)
23ic. Supplying security updates together with functionality updates or other software updates;
Amendment 347 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i d (new)
Annex I – point 23i d (new)
23id. Marketing a good that is not compliant with ecodesign requirements set in Regulation EU [Ecodesign for Sustainable Products]
Amendment 1 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union, always aiming at achieving the objectives of the green transition, and to ensure the adjustment of the industry to structural changes due to fast innovation cycles and the need for sustainability. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies.
Amendment 7 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union, always aiming at achieving the objectives of the green transition, and to ensure the adjustment of the industry to structural changes due to fast innovation cycles and the need for sustainability. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies.
Amendment 13 #
2022/0032(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to equip the Union with the semiconductor technology research and innovation capacities needed to maintain its research and industrial investments at a leading edge, and bridge the current gap between research and development and manufacturing, the Union and its Member States should better coordinate their efforts and co-invest. To achieve this, the Union and Member States, should take into consideration the twin digital and greengreen and digital transition goals. The Initiative throughout all components and actions, to the extent possible, should mainstream and maximise the benefits of application of semiconductor technologies as powerful enablers for the sustainability transition that can lead to new products and more efficient, effective, clean and durable use of resources, including energy and materials necessary for production and the whole lifecycle use of semiconductors. In this regard the Union should invest in infrastructure for the chips that are most useful and widespread, with demand outlets in Europe (around 20nm) and in chips where it has unique expertise to remain the leader in this market segment.
Amendment 14 #
2022/0032(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) In order to achieve a circular economy, and to make the Union more resilient in its supply chain, this Initiative should foster investment in the recycling of rare metals and materials to turn e- waste into a resource.
Amendment 19 #
2022/0032(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The internal market would greatly benefit from common standards for green, trusted and secure chips. Future smart devices, systems and connectivity platforms will have to rely on advanced semiconductor components and they will have to meet green, trust and cybersecurity requirements which will largely depend on the features of the underlying technology. To that end, the Union should develop reference certification procedures and require the industry to jointly develop such procedures for specific sectors and technologies with potential high social impact. Device durability, interoperability and sustainability of underlying infrastructure are key prerequisites to ensure that efficiency gains are not cancelled out by short renewal cycles
Amendment 39 #
2022/0032(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 49 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6 a. A high degree of transparency shall be applied to all joint procurement activities and related purchase agreements; The European Court of Auditors shall have full access to all relevant documents and communications to provide accurate annual scrutiny of signed contracts and public investment.
Amendment 60 #
2022/0032(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) A framework for increasing the Union’s resilience in the field of semiconductor technologies should be established, stimulating investment, supporting ecodesign, strengthening the capabilities of the Union’s semiconductor supply chain, and increasing cooperation among the Member States and the Commission.
Amendment 63 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industry to structural changes due to fast innovation cycles and the need for sustainability within the context of the ecological transition. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies.
Amendment 75 #
2022/0032(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The internal market would greatly benefit from common standards for green, trusted and secure chips. Future smart devices, systems and connectivity platforms will have to rely on advanced semiconductor components and they will have to meet green, trust and cybersecurity requirements which will largely depend on the features of the underlying technology. To that end, the Union should develop reference certification procedures and require the industry to jointly develop such procedures for specific sectors and technologies with potential high social impact. Device durability, interoperability and sustainability of underlying infrastructure are key prerequisites to ensure that efficiency gains are not cancelled out by short renewal cycles.
Amendment 77 #
2022/0032(COD)
(27 a) Common standards for green chips should adopt a life-cycle assessment approach taking into account all major relevant environmental indicators including resource depletion, carbon emissions, eutrophication, water stress, toxicity, summer smog and local electrical consumption They should include clear and harmonised ecodesign criteria such as use of resources, origin of resources, energy consumption, ease of recycling of materials, use of recycled materials and durability.
Amendment 81 #
2022/0032(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In light of this, the Commission, in consultation with the European Semiconductor Board, should prepare the ground for a certification of green, trusted and secure chips and embedded systems that rely on or make extensive use of semiconductor technologies. In particular, they should discuss and identify the relevant sectors and products in need of such certification.
Amendment 85 #
2022/0032(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring and supply chain transparency is necessary to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the servUnderstanding that the complexity of the value chain means that last-minute measures to prevent shortages are impractical, the EU should strive to optimise its risk prevention and strategic planning. To that end, a global strategic mapping of the value chain should inform future industrial policies and goods provided by key market actors, in such a way that it would not representthe EU should encourage and fund business strategies and investment, such as diversifications of suppliers, strategic stockpiling, and excessive administrative burden for undertakings.nvironmentally-friendly recycling capacities for electronic waste
Amendment 89 #
2022/0032(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to carry out these monitoring activities, the competent authorities of Member States may need certain information, which may not be publicly accessible, such as information on the role of an individual undertaking along the semiconductor value chain. In those limited circumstances in which it is necessary and proportionate for the purpose of carrying out the monitoring activities, the Commission or the competent authorities of Member States should be able to request this information from the undertaking in question.
Amendment 99 #
2022/0032(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to forecast, prevent and prepare for future disruptions of the different stages of the semiconductor value chain in the Union, the Commission should, assisted by the European Semiconductor Board and key industrial players, identify early warning indicators in the Union risk assessment. Such indicators could include the availability, and environmental sustainability, of raw materials, intermediate products and human capital needed for manufacturing semiconductors, or appropriate manufacturing equipment, the human rights of workers in extractive industries, the forecasted demand for semiconductors on the Union and global markets, price surges exceeding normal price fluctuation, the effect of accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade related measures, and the effect of business closures, delocalisations or acquisitions of key market actors. Member States should monitor these early warning indicators.
Amendment 101 #
2022/0032(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) A number ofSome undertakings providing semiconductor services or goods are assumed to be essential for an effective semiconductor supply chain in the Union’s semiconductor ecosystem, due to the number of Union undertakings relying on their products, their Union or global market share, their importance to ensure a sufficient level of supply or the possible impact of the disruption of supply of their products or services. The Member States should identify those key market actors in their territory.
Amendment 120 #
2022/0032(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) When the crisis stage is activated, two or more Member States could mandate the Commission to aggregate demand and act on their behalf for their public procurement in the public interest, in accordance with existing Union rules and procedures, leveraging its purchasing power. The mandate could authorise the Commission to enter into agreements concerning the purchase of crisis-relevant products for certain critical sectors. The Commission should assess for each request the utility, necessity and proportionality in consultation with the Board. Where it intends to not follow the request, it should inform the concerned Member States and the Board and give its reasons. Furthermore, the participating Member States should be entitled to appoint representatives to provide guidance and advice during the procurement procedures and in the negotiation of the purchasing agreements. The deployment and use of purchased products should remain within the remit of the participating Member States. All procurement agreements resulting from the procurement efforts should adhere to the highest level of transparency to allow public scrutiny of the contracts.
Amendment 123 #
2022/0032(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) setting up a coordination mechanism between the Member States and, the Commission and critical industry players for monitoring the supply of semiconductors and develop crisis presponse tovention tools and crisis management of semiconductor shortages.
Amendment 129 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘crisis-relevantessential product’ means semiconductors, intermediate products and raw materials required to produce semiconductors or intermediate products, that are affected by the semiconductor crisis or of strategic importance to remedy the semiconductor crisis or economic effects thereof;
Amendment 133 #
Amendment 136 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Amendment 142 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point b a (new)
Article 15 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) manage their supply chain with due diligence, in particular to ensure resilience et security of supply;
Amendment 143 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point b b (new)
Article 15 – paragraph 1 – subparagraph 1 – point b b (new)
(b b) provide data through the transparency mechanism set out in article 15a and alert the Commission when a shortage or potential shortage is foreseen.
Amendment 144 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 156 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 159 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 166 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 167 #
2022/0032(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 177 #
2022/0032(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 182 #
2022/0032(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Due diligence and risk mitigation obligations 1. Key market actors shall act with due diligence by assessing the security of their supply of semiconductor raw materials, intermediary products, and equipment and design, and implement risk mitigation measures with the aim of reducing the risks of shortages, such as by diversification of suppliers, strategic overstock, adequate inventory levels and stockpiling of essential products. They should also identify strategic chips and assess how they could be substituted, if necessary. 2. Critical sector entities shall act with due diligence by assessing the security of their supply of semiconductor products and implementing risk mitigation measures with the aim of reducing the risks of shortages. 3. The Commission and national competent authorities shall be able to, when appropriate, request information about the risk mitigation measures taken pursuant to paragraphs 1 and 2. 4. The Commission and national competent authorities shall ensure that the management bodies of key market actors and critical sector entities engage in risk mitigation measures, supervise its implementation and be accountable for the non-compliance with the obligations under this Article. 5. Key market actors shall disclose potential disruptions of the supply chain of their products to the relevant users of semiconductors and to the Commission and National competent authorities. All participants to these exchanges shall respect the confidentiality of commercially confidential information, including intellectual property rights. 6. The Commission shall adopt delegated acts in accordance with Article 32 in order to provide guidelines setting out the details of the procedure to be followed for the application of this Article.
Amendment 183 #
2022/0032(COD)
Proposal for a regulation
Article 18
Article 18
Activation of the crisis stage 1. A semiconductor crisis shall be considered to occur when there are serious disruptions in the supply of semiconductors leading to significant shortages, which: (a) entail significant delays or significant negative effects on one or more important economic sectors in the Union, or (b) prevent the supply, repair and maintenance of essential products used by critical sectors. 2. Where an assessment of the Commission provides concrete, serious, and reliable evidence of a semiconductor crisis, the Commission may activate the crisis stage by means of implementing acts in accordance with Article 33(2). The duration of the activation shall be specified in the implementing act. Where, in view of the scope and gravity of the semiconductor crisis, duly justified imperative grounds of urgency so require, the procedure provided for in Article 33(3) shall apply to implementing acts adopted pursuant to this Article. 3. Before the expiry of the duration for which the crisis stage was activated, the Commission shall, after consulting the European Semiconductor Board, assess whether the activation of the crisis stage should be prolonged. Where the assessment concludes that a prolongation is appropriate, the Commission may prolong the activation by means of implementing acts. The duration of the prolongation shall be specified in the implementing acts adopted in accordance with Article 33(2). The Commission may repeatedly decide to prolong the activation of the crisis stage where this is appropriate. 4. During the crisis stage, the Commission shall, upon request from a Member State or on its own initiative, convene extraordinary meetings of the European Semiconductor Board as necessary. Member States shall work closely with the Commission and coordinate any national measures taken with regard to the semiconductor supply chain within the European Semiconductor Board. 5. Upon expiry of the duration for which the crisis stage is activated, the measures taken in accordance with Articles 20, 21 and 22 shall cease to apply. The Commission shall review the Union risk assessment pursuant to Article 16(2) no later than six months after the expiry of the duration of the crisis stage.rticle 18 deleted
Amendment 196 #
2022/0032(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 216 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission may, upon the request of two or more Member States, establish a mandate to act as a central purchasing body on behalf of the participating Member States (‘participating Member States’) for their public procurement of crisis-relevantessential products for certain critical sectors (‘common purchasing’).
Amendment 224 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Procurement under this Regulation shall be carried out by the Commission in accordance with the rules set out in the Financial Regulation for its own procurement. The Commission mayshall have the ability and responsibility, on behalf of all participating Member States, to enter into contracts with economic operators, including individual producers of crisis- relevantessential products, concerning the purchase of such products or concerning the advance financing of the production or the development of such products in exchange for a priority right to the result.
Amendment 225 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Where the procurement of crisis- relevantessential products includes financing from the Union budget, specific conditions may be set out in specific agreements with economic operators.
Amendment 229 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6 a. Where the Commission is empowered to act as central purchasing body, Member States shall not engage in parallel negotiations with the same entities.
Amendment 230 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 6 b (new)
Article 22 – paragraph 6 b (new)
6 b. A high degree of transparency shall be applied to all joint procurement activities and related purchase agreements; The European Court of Auditors shall have full access to all relevant documents and communications to provide accurate annual scrutiny of signed contracts and public investment.
Amendment 231 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 6 c (new)
Article 22 – paragraph 6 c (new)
6 c. The Commission must ensure all joint procurement contracts are made available to the public and accessible on Commission’s website within 30 days after signing of the contract. Information disclosed for public scrutiny shall include: (a) the amount of public investment paid to the contractor, broke down by cost structure of the product; (b) price per unit of the product; (c) number of product units to be delivered and agreed delivery dates; (d) number and location of the product’s manufacturing sites; (e) arrangements related to product donations, intellectual property and technology transfer within the Union and with third countries; (f) product liability clauses and compensation for any damage caused by the product; (g) terms and conditions related to the breach of the contracts and their termination.
Amendment 234 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(d a) cooperating with the Commission for the purpose of value chain transparency efforts, business monitoring of their supply chain and the global strategic mapping exercise;
Amendment 5 #
2022/0021(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In the past years, the practices in the European standardisation organisations as regards their internal governance and decision-making procedures have changed. As a result, the European standardisation organisations have increased their co- operation with international and European stakeholders. Such cooperation is welcome as it contributes to the transparent, open, impartial and consensus-built standardisation process. However, when European standardisation organisations execute standardisation requests to support Union legislation and policies, unrestricted participation of any stakeholder in their internal decision-making may lead to decisions that do not entirely take into account the interests, policy objectives, and values of the Union as well as public interests in general. In order to prevent this scenario, the positions of European stakeholders should be duly reflected in the decisions of the European standardisation organisations and of the national standardisation bodies. Furthermore, the participation of legal entities which are not incorporated in the Member State concerned shall not amount to impede the adoption of any decision concerning European standards and European standardisation deliverables supported by the majority of all the other stakeholders participating in the national standardisation bodies.
Amendment 10 #
2022/0021(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) National standardisation bodies play an essential role in the standardisation system, both, at the Union level, in accordance with Regulation (EU) No 1025/2012, and at the level of Member States. National standardisation bodies are therefore best placed to make sure that the interests, policy objectives and values of the Union as well as the views of all stakeholders, including SMEs, consumer organisations, environmental and social stakeholders, and public interests in general are duly taken into account in European standardisation organisations. It is therefore necessary to strengthen their role in decision-making bodies of the European standardisation organisations when those bodies take decisions concerning European standards and European standardisation deliverables requested by the Commission under Article 10(1) of Regulation (EU) No 1025/2012.
Amendment 19 #
2022/0021(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1025/2012
Article 10 – paragraph 2a a (new)
Article 10 – paragraph 2a a (new)
Amendment 2 #
2021/2252(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the Council’s conclusions on enhancing the European Financial Architecture for Development (EFAD) and underlines the key role of the ‘Neighbourhood, Development and International Cooperation Instrument – Global Europe‘, the European Fund for Sustainable Development Plus (EFSD+) and the External Action Guarantee in providing a strategic framework for blended finance, de-risking investments and guarantees and in mobilising resources from the private sector with the support of the EU budget; takes notes of the Commission's roadmap for an improved European financial architecture for development and the 2021 progress report; expects the EIB and EBRD to ensure that all projects, and in particular blended finance projects contribute to development goals and benefit the least developed countries;
Amendment 5 #
2021/2252(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that despite some recent improvements, the current status quo is characterised by a lack of coordination, fragmentation, duplication and continued competiRecognises the progress and improvements made under EFAD since the Council’s conclusions in terms of enhancing coordination and cooperation between the European Investment Bank (EIB), the European Bank for Reconstruction and Development (EBRD) and European development and finance institutions; underlines the need to make the current system more efficient and focused to ensure an optimal use of resources, a better return on EU taxpayers’ money and a stronger development impact; calls for further efforts to ensure better coordination and avoid fragmentation, duplication and inefficient competition; calls on the Commission to play a more active role in giving political guidance, in particular clearer policy direction and orientations, for the implementation of the EFAD, to ensure high standards and sound development banking prevail;
Amendment 7 #
2021/2252(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the Council’s commitments to steer EFAD towards achieving Agenda 2030, the SDGs and Paris agreement of 1.5°C; recalls the NDICI global climate spending target of 30%, the 7,5% target for biodiversity spending in the MFF in 2024, and calls for prioritisation of projects that create co-benefits and meet multiple objectives; calls for the stringent application of the Do No Significant Harm principle; regrets that the Commission does not provide more specific commitments towards climate policy goals in its roadmap, and expects it to be remedied in an upcoming programming document; calls on banning all operations financing sectors that contribute to the climate crises, mainly the fossil fuel industry;
Amendment 9 #
2021/2252(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that the European Financial Architecture for Development ishould be mainly focused on least developed and fragile countries, particularly in sub- Saharan Africa; recalls, however, that a considerable share of investments is channelled to the Western Balkans and the Eastern and Southern Neighbourhood, and underlines the need to provide funding to deal with new challenges and support new priorities in theseleast developed regions; calls on the Commission, the EIB, the EBRD and European development and finance institutions to work on action plans for the reconstruction of Ukraine as soon as it is re-established as a sovereign and independent country after the warfter the war, to build back better, greener and in a more inclusive approach, without jeopardising development goals for least developed countries;
Amendment 11 #
2021/2252(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the EIB, the EBRD and European development and finance institutions to strengthen their cooperation within the EFSD+ open architecture by taking a Team Europe approach; stresses the need for greater specialisation and a better division of labour to ensure synergies and complementarities; underlines the need to move away from the current project-based approach towards sector-based programming involving all stakeholders from the start, including private investors, to increase leverage and impactrecalls the European Parliament’s key role in scrutinising the objectives of Team Europe; calls in this context for a solid level playing field in terms of governance of the EFSD+ and access to EU resources as key for a fruitful cooperation among European DFIs members of EFAD; stresses the need for greater specialisation and a better division of labour to ensure synergies and complementarities;
Amendment 18 #
2021/2252(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reaffirms the privileged role of the EIB as the EU’s investment arm and welcomnotes the recent creation of its development branch, EIB Global; calls on the EIB to draw on the example of the EBRD and strengthen its presence in the field by recruiting local workers as well as staff dedicated to environmental, human rights and social due diligence, while exploiting possible synergies with other European development and finance institutions; expects this new structure and its advisory board to be fully transparent including proactive publication of documents, and to ensure regular open dialogue with stakeholders, and in particular with civil society organisations;
Amendment 27 #
2021/2252(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recognises the importance of encouraging riskier investments in more challenging development settings, such as fragile or conflict-affected countries, and underserved sectors such as the climate, biodiversity, education and health sectors; underlines, at the same time, the need to fully protect the EU budget fromcalls for limiting blending operations to those areas where they can add value to the local economy, while excluding blended finance from essential public services, particularly health, education and social protection, as the monetisation of those sectors could widen already existing inequalities and jeopardise the universal access to those services; underlines, at the same time, the need to minimise any associated risks to the EU, such as increased demand on the EU budgetary guarantees;
Amendment 29 #
2021/2252(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights the need to increase the transparency of the current framework, including the programming process, and for Parliament to be more heavily involved; recalls that the tripartite agreement gives access to the Court of Auditors to all information related to guarantees from the EU budget; regrets the lack of proper scrutiny from the European Court of Auditors on the EU budgetary guarantees, due to the internal division of competences between Chambers 1 and 2 of the ECA; calls on the ECA to fully scrutinise and regularly report on operations backed by guarantees from the EU budget, and not only when there is a direct risk for the EU budget; underlines the importance of carrying out an independent evaluation of the EFSD+ and the Team Europe approach in due timeby the end of 2026 to assess their effectiveness and performance.
Amendment 34 #
2021/2252(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Expects upcoming joint lending policies to always use the more stringent standards of either institution;
Amendment 36 #
2021/2252(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Recalls the EU´s global commitment to defend and promote human rights, which are indivisible, universal and interdependent; expects all involved parties to fully respect the protection of human rights or procedures to prevent human rights violations, despite repeated calls, inter alia from the European Parliament;
Amendment 38 #
2021/2252(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Calls on EFAD to contribute to the full implementation of the third gender action plan; recalls the target of at least 85% of actions with gender equality as a principal or significant objective, of which at least 5% should have gender equality and women’s and girls’ rights and empowerment as a principal objective; calls for an obligation for all EFAD operations to collect gender-disaggregated data, and to have ex-ante as well as ex- post gender impact evaluation;
Amendment 10 #
2021/2203(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EIB signed loans for EUR 95 billion in 2021;, of which EUR 75 billion were linked to the EIB group operations and the remaining loans were in the framework of the European Guarantee Fund (EGF).
Amendment 31 #
2021/2203(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 34 #
2021/2203(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reiterates its call on the EIB to prioritise investments in greater resilience of the public health sector and strengthen the European industrial sector, especially via financing green innovation;
Amendment 37 #
2021/2203(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Applauds the timeliness of the European Guarantee Fund to help mitigate the negative social and economic impacts of the COVID-19 pandemic; calls for a detailed analysis of its impact, its role in the recovery, and its additionality, transparency and adequacy, including geographical coverage, as the instrument is phased out;
Amendment 40 #
2021/2203(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes note of the new Environmental and Social Sustainability Framework (ESSF); calls for its swift implementationwelcomes the adoption of sustainable finance as an operating model; calls for its swift implementation and to establish clear and stringent procedures to carry out its due diligence, and to ensure that all provisions in the ESSF are properly reflected in contracts;
Amendment 44 #
2021/2203(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the signature of the InvestEU agreement between the EIB and the Commission on 9th March, and that the EIF is a separate implementing partner and calls for a swift implementation of the new InvestEU Advisory Hub, as well as for the need to speed up negotiations with other implementing partners;
Amendment 49 #
2021/2203(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Reiterates its call for adequate support to strengthen the arrangements for providing technical assistance, financial expertise and capacity-building to local and regional authorities before project approval, in order to improve accessibility and involve all Member States; in this regard also calls for increased support for advisory services such as Jaspers, Elena and Fi-compass
Amendment 50 #
Amendment 51 #
2021/2203(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 c. Welcomes the role the EIB is currently playing in providing financial assistance to Ukraine, in the context of the war launched by Russia; welcomes the Ukraine Solidarity Urgent Response approved by the EIB Board of Directors on 4 March, comprising a commitment of 668 million € committed, and welcomes the 229 million€ already delivered; calls for adequate funding to be made available whenever necessary; calls on the EIB to align its operations along the sanctions and prohibition imposed by the EU on Russia;
Amendment 53 #
2021/2203(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 d. Reiterates its support to the EIB’s decision to stop all funding for fossil fuel, including gas, and to fund renewable energy investments and, energy efficiency and security, that will increase the EU’s independence towards third countries; calls on the EIB to scale up lending for such projects to help quickly reduce dependence on Russian energy and raw material imports;
Amendment 56 #
2021/2203(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the fact that 43 % of lending in 2021 was climate and environment related and applauds the intention to meet the climate leanding target in 2022; reiterates that all financial flows of the Bank should be fully consistent with net zero emissions by 2050 at the latest, and with the Union’s increased climate objective for 2030; stresses that the Climate Bank Roadmap (CBR) alone is not enough to ensure alignment with the Paris objective tof the Paris Agreement of limiting global warming to 1.5°C; calls for an immediate halt to carbon markets and offsetting and for all aAction pPlans for theits implementation of the CBR to be made public in order to provide an overview of the actions planned to achieve the targets, and to assess their adequacy;;
Amendment 62 #
2021/2203(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Looks forward to the CBR’s mid- term review; expects all lending to be harmonized with the 1.5 degree objective and the EU climate and environmental commitments; calls for it to include a solid assessment of less carbon-intensive alternatives and ‘“Scope 3’” emissions for each project; expects detailed annual progress reports on the CBR, including the degree to which it is aligned with the Paris Agreementof Paris alignment and the GHG emissions reduction linked to all operations as of 2023;
Amendment 65 #
2021/2203(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Paris aAlignment for Cof counterparties and expects its full implementation; reiterates its call for financial intermediaries and not only corporate clients to have decarbonisation plans as soon as possible and by the end of 2025 at the latest; calls for a focus on the credibility of short-term decarbonisation plans and their full alignment with the 1.5°C target; calls for stringent implementation of these plans and GHG emissions reduction targets, and calls for them to be included in contract clauses between the EIB and its clients; expects the EIB to systematically check and ensure compliance, in particular as regards ESSF implementation;
Amendment 68 #
2021/2203(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the EIB’s climate aAdaptation pPlan and the commitment to grow the share of spending on climate action for adaptation to 15 % of the overall climate target by 2025; reiterates its call for harmonized screening methods to assess physical climate risk for all its lending activities, including those through financial intermediaries;
Amendment 71 #
2021/2203(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses, in view of the upcoming review of the energy lending policy, its full support for the statement of President Hoyer: ‘We believe that we have a mission to concentrate on sustainability and achieving the Paris goals with the means of a long-term investor institution.[...] Therefore I don’t see a change in our energy lending policy’; calls for the EIB to retain the possibility to apply stricter criteria than the EU taxonomy and finance fossil-free energy only, and in particular to exclude financing for so-called low-carbon gas, especially for district heating, grey or blue hydrogen and forest biomass, as they are bound to be stranded assets;
Amendment 76 #
2021/2203(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Regrets the delays in the transport lending policy review; expects a proposal fully aligned with the 1.5°C target of the Paris Agreement; expects no new loans to be granted that hinder transport decarbonisation or the transition towards zero emission mobility; , including a vision for the EIB’s role in decarbonising mobility with a specific focus on company level transition; expects no new loans to be granted that hinder transport decarbonisation or the transition towards a more sustainable and affordable zero emission mobility with rail as the backbone; expects, in particular, no new financing to be awarded for the expansion of airports or an increase in air traffic, for increased road capacity, and in particular no highways nor motorways, for portexpansions in Europe and related infrastructure, including the creation of special economic zones, or for the shipping of liquefied natural gas, including vessels; warns against the high risk of stranded assets in the transport sector; believes that more funding should be directed at zero emission mobility, especially cycling and public transport development and modernisation, multimodal services, also in the context of sustainable urban design projects, better transport services for underserved communities and localities, and electrification of transport; calls for more funding to decarbonise the maritime sector, especially developing wind- powered vessels both for commercial and passenger shipping.
Amendment 81 #
2021/2203(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Bank to step up its lending activities on the Just Transition and focus on ensuring that reaching our climate goals leave no-one behind;
Amendment 83 #
2021/2203(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the updated ESSF standard 4, namely the inclusion of “halt and reverse biodiversity loss” as a principle, and limiting offsetting, in particular in high biodiversity areas, and calls for its diligent implementation; welcomes the efforts made to strengthen biodiversity risk assessment and due diligence through the Integrated Biodiversity Assessment Tool; is concerned, however, at the use of outdated data provided by project promoters and used in the modelling; expects the EIB to comply with Articles 11 and 191 TFUE by diligently applying the precautionary principle and to stop disbursing funds, and, if necessary, to withdraw them, if there is evidence or a serious risk of adverse impacts on climate and/or the environment and/or local communities;
Amendment 87 #
2021/2203(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges the challenges and progress achieved during the implementation of the Natural Capital Financing Facility reiterates its call for a grant component to be provided under the Facility or any successor instrument to support initial scaling up of local projects and facilitate revenue generation; calls for an independent evaluation embedded in a broader assessment of supporting ecosystem and biodiversity restoration;
Amendment 89 #
2021/2203(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Notes that new instruments are due to replace the Natural Capital Financing Facility under the 2021-2027 Multiannual Financial Framework (MFF) of the European Commission. Urges therefore the EIB to exclude biodiversity offset projects from new instruments, since they enable the continued destruction of biodiversity, while giving companies the opportunity to greenwash their actions.
Amendment 92 #
2021/2203(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Encourages the EIB to facilitate by its operations the implementation of goals set within the European Green Deal, its Farm to Fork strategy and Biodiversity Strategy to 2030, and all relevant EU regulations on deforestation- free products and restoration stemming from these strategies
Amendment 96 #
2021/2203(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Welcomes the ongoing multi- currency issuance of Climate Awareness Bonds and Sustainability Awareness Bonds, and the commitment to align with the EU Green Bonds Standard and any future “Social Bond Standard” and in particular increasing transparency, and the commitment to improve the allocation and impact reporting; insists that any such steps taken cannot lead to lowering the standards;
Amendment 97 #
2021/2203(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Reiterates its call for the EIB to support by its new operations the goals of the EU Chemical Strategy for Sustainability, by boosting innovation for safe and sustainable-by-design chemicals, materials and products, the Circular Economy Action Plan based on non-toxic material cycles and the Zero Pollution Action Plan for water, air and soil;
Amendment 98 #
2021/2203(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Welcomes the doubling of the Clean ocean initiative (from EUR 2 to 4 billion by 2025) to reduce plastic waste; underlines that an emphasis should be put on projects aiming at stopping plastic production and encouraging the circular economy; calls on the EIB to not fund nor contribute in any way to the development of deep sea mining;
Amendment 102 #
2021/2203(INI)
15. Welcomes the inclusion of labour rights in ESSF standard 8 covering all supply chains linked to EIB operations; calls for its stringent implementation;
Amendment 106 #
2021/2203(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EIB to collect gender- disaggregated data; urges the EIB to assess the gender impact of projects in order to assess and address gender inequality in lending; considers that data should be collected on projects to demonstrate how they are contributing to gender equality and women’s empowerment; urges the EIB to assess the gender impact of projects and to liaise with independent experts to this end;
Amendment 118 #
2021/2203(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses its support for EIB Global; recalls that the EIB’s geographical scope is aligned with that of the World Bank; expects full alignment of investments in non-EUthird countries with EU climate, biodiversity and social standards in intra-EU lending and EU external action; calls for public consultation on the strategies linked to EIB Global with a particular focus on the role of recipient countries and specific chapters on human rights due diligence; calls for full accountability and transparency of the EIB Global governing body and its advisory council; calls for upscaling expertise and staff for development to implement EU Global and team Europe initiatives;
Amendment 124 #
2021/2203(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recalls the existence of the Nairobi regional headquarters since 2019, as on-site expertise and follow-up of projects is key towards supporting local communities; asks for a reinforcement of staff on the ground, especially local workers, to meet the local needs;
Amendment 127 #
2021/2203(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Expects the EIB to regularly send detailed reports to the Parliament on its role and operations under the EFSD+ and in the implementation of the Global Gateway Initiative;
Amendment 133 #
2021/2203(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Regrets that the new ESSF includes no significant improvement in human rights protection or procedures to prevent human rights violations; calls for this to be addressed in the statement on human rights; is very concerned that in some cases, the EIB has continued to disburse loans despite clear human rights abuses; , despite repeated calls, inter alia from the European Parliament; regrets the lack of a clear system of human rights due diligence and explicit requirements for clients to conduct human rights impact assessments as well as an explicit statement that the responsibility to respect of the human rights also applies to financial institutions and that the EIB approach requires further clarification as to human rights are integrated into EIB’s due diligence in the contribution by the United Nations Human Rights High Commissioner1a; calls for this to be addressed in the statement on human rights; is very concerned that in some cases, the EIB continued to disburse loans despite clear human rights retaliations; calls for the EIB to make every effort to protect local communities, including by withdrawing funding, where appropriate; expects furthermore immediate action where a client or a beneficial owner is involved in reprisals against a human rights or environment defender; expects the EIB to implement Parliament’s longstanding requests for it to avoid such situations, in particular via establishing contractual requirements, including onensuring free prior informed consent with local communities, also for projects financed via financial intermediaries; expects the EIB to request clients to conduct Human Rights Impact Assessments at project level, as well as to continuously monitor the implementation of projects on the ground, in order to prevent any abuse, unfair expropriation or violence against local populations; calls in this regard to engage actively with local communities, and to inform them accordingly of their rights, with a special focus on implementing free, prior and informed consent, including their access to the Complaints Mechanism; _________________ 1a https://www.ohchr.org/sites/default/files/D ocuments/Issues/Development/DFI/Consu ltation_OHCHR_comments_081321.pdf
Amendment 143 #
2021/2203(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is very concerned by the decline offall in transparency at the EIB: in 2010, 96.1 % of all projects were published three3 weeks before Board approval, falling to only 60 % in 2020; calls for more transparency and accountability, also towards EU institutions, in particular Parliament, as transparency is one of the cornerstones of democracy; recalls that EIB funds are public money and should always be subject to public scrutiny and accountability, highlights furthermore, that even the projects requiring a strategic environmental impact assessment have been published after approval recently ; furthermore, reminds that the industry best standard with private investors is publication of all its projects at least 30 days before approval;
Amendment 151 #
2021/2203(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers the new tTransparency pPolicy (TP) a major setback; regrets that the EIB has totally ignored Parliament’s very clear demands to improve its TP in line with other financial institutions’ best practices and standards; calls fregrets that the new policy makes only minor advances for proactive publication, including for projects of more the TP to be aligned with that of the European Bank for Reconstruction and Development on mandatory disclosure for intermediaries of projects with high environmental risks; an 50 million implemented by financial intermediaries, despite the need for the EIB to operate on the basis of the ‘presumption of disclosure’ to fulfil its mission as the EU’s public bank; is particularly concerned that the new policy does not create an obligation for the EIB to proactively publish information on project selection, in particular due diligence information, before the decision by the EIB Board, in line with IFI practices as well as about the creation of new exceptions for access to document based on third party commercial interests and the Market Abuse Directive; in addition, regrets that the policy fails to provide for timely disclosure of the minutes of the Board and Management Committee; calls for these shortcomings to be addressed urgently; calls for the TP to be aligned with that of the EBRD on mandatory disclosure for intermediaries of projects with high environmental risks and reiterates its calls for the extension of the transparency requirements aligned with those for hydropower to all infrastructure projects, including those financed by financial intermediaries;
Amendment 158 #
2021/2203(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Takes note of the updated code of conduct; regrets that and welcomes the more stringent rules on conflicts of interest and the commitment for periodic review; regrets that, despite repeated requests, there is no provision excluding vVice-presidents from overseeing operations in their countries of origin and insists that this be addressed in the next review;
Amendment 170 #
2021/2203(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes note of the new anti-fraud policy; is concerned about the opaque way in which it was adopted; is highly concerned that the policy fails to address major shortcomings, namely the inclusion of the requirements from the EU directive on the fight against money laundering, in particular publication of ‘Know Your Customer’ checks before approval of any project; also deplores the lack of improvement of transparency standards, namely making the granting of direct and indirect loans subject to publication by the beneficiaries of tax and accounting data country by country, and to the sharing of beneficial ownership data on the beneficiaries and financial intermediaries involved in financing operations; regrets the lack of commitment for independent audits to reveal any shortcomings in the application of Anti-Money Laundering standards;
Amendment 177 #
2021/2203(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Reiterates its call for the suspension of funding where local authorities have been notified and/or engaged in legal procedures against possible violations of the relevant legislation, at least until investigations and judicial processes at national level are concluded;
Amendment 178 #
2021/2203(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. ERecalls that the Commission asked the EIB to share more information on the effective application of contractual clauses enabling the EIB to halt or withdraw funding and expects Parliament to have full access to this information; expects thorough monitoring that fully takes into account concerns expressed by relevant parties and stakeholders, in particular for human rights and rRule of lLaw violations;
Amendment 182 #
2021/2203(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is very concerned that, at least once, the EIB disbursed funding despite a Reiterates its demand to strengthen the autonomy and efficiency of the Complaint Mechanism Office and the Fraud Investigation Division; is very concerned that, at least on one occasion, following a very clear EIB Complaints Mechanism report concluding that ithe EIB’s environmental and social standards had been breached in a project that might involve conflict of interest, it still remains unclear how the caused harm will be mitigated ; calls for any such project to be halted immediately, and for immediate remedial actions where possible;
Amendment 186 #
2021/2203(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the wWorking aArrangement with the European Public Prosecutor’s OfficeEPPO and calls for its full and diligent implementation, in particular as regards reporting; reiterates its call on the EIB to enhance its cooperation with the European Ombudsman and the European Anti- Fraud Office (OLAF)
Amendment 190 #
2021/2203(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Welcomes the Tripartite Agreement with the EC and ECA giving wider access to documents to ECA; regrets that the new Tripartite Agreement does not provide full auditing rights for the ECA on all EIB operations;
Amendment 1 #
2021/2076(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Communication from the Commission of 11 December 2019 on “The European Green Deal” (COM(2019)0640) and to the European Parliament resolution of 15 January 2020 on the European Green Deal;
Amendment 2 #
2021/2076(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the ECA special report on Climate spending in the 2014- 2020 EU budget ‘Not as high as reported’, May 2022;
Amendment 9 #
2021/2076(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that NGEU is the first EU common borrowing programme which not only grants loans to Member States, but also provides direct Union budget expenditure embedded in genuine EU programmes and policies; underlines that common Union debt managed by the Commission boosts the size, impact and added value of the Union budget, thereby supporting the post-COVID-19 recovery and delivering on long-term EU priorities in particular the European Green Deal and the green and digital transitions;
Amendment 13 #
2021/2076(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the success of the borrowing strategy will be judged by its ability to raise the funds necessary for the implementation of NGEU on the capital markets in a timely and relatively low-cost manner, and to repay the debt by 2058 smoothly and predictably and without crowding out expenditures in the current MFF and endangering future EU action; stresses that that the Union’s issuance should not upset borrowing conditions for other European issuers and should even play a positive role on capital markets, notably by meeting investors’ demand for euro-denominated assets and for new products such as green bonds while ensuring the highest standards as regards greens bonds issuance, including in proceeds reporting, to ensure the products are fit for purpose;
Amendment 18 #
2021/2076(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the Commission has developed and put in place a new and large funding programme and built up its debt management capacities swiftly and efficiently; welcomes the fact that first issuances took place at a steady pace since the first issuance in 2021 and were all heavily oversubscribed, revealing strong investor interest and enabling the Commission to meet its funding targets;
Amendment 23 #
2021/2076(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 30 #
2021/2076(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that by making the Union one of largest bond issuers in Europe, NGEU can have a positive impact on the stability and liquidity of EU capital markets and can strengthen the international role of the euro; notes, however, that NGEU is legally limited in size and in time and that the collateral framework of the European Central Bank (ECB) does not treat NGEU bonds as the European safe asset; calls, therefore, on the ECB to apply the same haircuts to NGEU bonds as to national sovereign bonds with the aim to exploit the entire stabilising potential of euro-denominated supranational bonds; calls on the Commission to reflect about potential ways for maintaining the outstanding volume of NGEU bonds beyond 2027 in order to prevent the liquidity to decline shortly after reaching its peak at the end of the NGEU spending phase;
Amendment 34 #
2021/2076(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes in addition, that both the temporality and the volume of the NGEU borrowing programme limits the potential of the EU bonds to become genuine safe assets and to serve the proper functioning of the financial markets, to foster the stability of the European Monetary Union;
Amendment 37 #
2021/2076(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights, in particular, that the Union could set benchmarks for sustainable investment as the largest global issuer of green bonds, as well as by diversifying its investor base and securing lower borrowing costs; warns that any greenwashing will put into risk the green premium; underlines that the credibility of the implementation of the RRF and the prevention of any kinds of green washing is key for the success of EU bonds, and the green bonds in particular; welcomes the interactive webpage reporting to investors on the investments financed from the bonds 1a and expects the Commission to fully live up to its commitments relating excluding any and all problematic projects from being financed by the Green bonds as soon as genuine concerns are noted; welcomes the inclusion of the Do-No-Significant-Harm (DNSH) principle as the yardstick for any expenditure financed under NGEU; believes that the exclusion of environmentally harmful projects from EU funding is crucial to gain investor acceptance and to meet the Union’s climate and environmental commitments; is, therefore, highly concerned that under REPowerEU, the Commission has proposed to waive the DNSH principle for measures improving energy infrastructure and facilities to meet immediate security of supply needs for oil and gas; _________________ 1a https://ec.europa.eu/info/strategy/eu- budget/eu-borrower-investor- relations/nextgenerationeu-green- bonds/dashboard_en
Amendment 41 #
2021/2076(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Emphasises that the fact that the Commission as the issuer of the EU bonds is not directly responsible for implementing the RRF creates additional difficulty to ensure proper implementation of the RRF and hence credibility of the NGEU borrowing programme; is of the opinion that the Commission should deploy robust auditing measures and capacities to ensure proper implementation on the RRF in particular in order to reduce risks of any greenwashing and to ensure the genuine and proper implementation of DNSH;
Amendment 44 #
2021/2076(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Is highly worried of the findings of the special report on Climate spending in the 2014-2020 EU budget concluding that the EU did not meet its climate target spending in the last MFF and that the likely share of the climate relevant spending was around 13 % rather than 20 % as committed with a concentration in over-accounting in the two funds of the Common Agricultural Policy; believes that any such greenwashing could have a detrimental effect on the NGEU borrowing and the credibility of the EU as a reliable debtor and the investor’ trust in particular in light of NGEU borrowing being used to top up spending in the Common Agricultural Policy;
Amendment 50 #
2021/2076(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that in contrast to the negative image associated with initiatives taken during the euro crisis of the early 2010s, the response to NGEU shows the merits of a more ambitious, collective and democratic crisis response at EU level; notes that the substantial crisis support funded by joint debt issuance has strengthened the confidence in the resilience of the EU and its member states and that financial market participants widely acknowledge the improved robustness of the European financial architecture; calls on all EU institutions, therefore, to ensure that the political signal given by NGEU lives on, by demonstrating that the EU delivers on its promises and by offering a longer-term political vision minimising the risk of increased risk premia on certain national sovereign bonds in times of economic stress;
Amendment 57 #
2021/2076(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that further investments in EU policies will be necessary to strengthen EU competitiveness, resilience and strategic autonomy, in particular regarding industry and climate action; considers, in this regard, that NGEU is a good example of a viable architecture for funding above the MFF ceilings; calls, therefore, on the Commission and on Member States to give – in line with recommendations of the Conference on the Future of Europe - further consideration to common borrowing at EU level, with a view to creating more favourable borrowing conditions, while maintaining responsible fiscal policies at Member State level in particular to bridge the investment gap of the green transition;
Amendment 60 #
2021/2076(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Believes that the emergency represented by climate change as well as the ongoing war in Ukraine highlight the urgent need to end the dependence on the fossil fuel energy and combined with the linked economic consequences constitute circumstances similar to those that led to the establishment of the NGEU;
Amendment 63 #
2021/2076(INI)
10 b. Urges the Commission to adopt a set of legislative proposals on the basis of Article 122 and 175 TFEU in order to establish a follow-up instrument to the RRF that will aim to address the climate emergency and fossil fuel price crisis by contributing to closing the investment gap and by fostering investment in energy efficiency, renovation, and renewables; considers that such an instrument would also protect member states’ fiscal space in an economic downturn to cope with the economic consequences of the current insecurity;
Amendment 73 #
2021/2076(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recalls its firm demand to place the budgetary appropriations for the EURI repayment costs outside the expenditure ceilings of the MFF, in order to safeguard the margins and flexibility mechanisms for their intended purposes; asks to make the pertinent modifications in the MFF regulation in the context of the MFF midterm review/revision;
Amendment 75 #
2021/2076(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Firmly believes that the success of NGEU, and in particular the credibility and sustainability of its financing, will also be assessed against the Union’s ability to repay the common debt with new own resources in the environmental and corporate sector, inter alia, rather than with increased gross national income-based contributions from the Member States; Highlights that own resources are a key enabler for the Union to implement its policy priorities also and given the increased investment needs to address the climate emergency as well as energy independence and to help mitigate the social impact of the war in Ukraine and sanctions and in order to speed up the green energy transition;
Amendment 77 #
2021/2076(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses that by issuing part of the NGEU debt as green bonds, Member States and the Commission have the responsibility to do their utmost to ensure that the commitments made towards investors on climate spending are fulfilled; points out that allegations of greenwashing would be detrimental not only to investors who could feel betrayed that their money was misused for other purposes than climate protection, but also to the credibility of the EU as an issuer and the Union’s sustainable finance agenda; warns that, in the worst case, the EU could face severe difficulties in selling its debt to markets and the refinancing costs for NGEU could shoot up; stresses that the unique construction of NGEU is posing a particular challenge with regard to the prevention of greenwashing since it is the Commission who is raising funds in capital markets and is responsible to investors, whereas it is the Member States who actually spend the money; calls, therefore on the Member States to stick to their promises made in the recovery and resilience plans and ensure their full and genuine implementation and report honestly and thoroughly to the Commission on the use of the money received; calls on the Commission to carefully assess whether the Member States fulfil their commitments made on climate spending and discard projects if warranted; Looks forward to a detailed and ambitious and regular Proceeds Reporting the first of which is expected on the first anniversary of the initial green bonds issuance (September 2022) and looks forward to seeing a CO2 emission’s impact estimate linked to the bonds;
Amendment 80 #
2021/2076(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the introduction of such new own resources would avoid cuts to Union programmes in the future, cuts which would undermine the very purpose and long-term benefits of the recovery plan; believes that introducing new own resources as agreed in the legally binding Inter Institutional Agreement would achieve lasting benefits, not only in the delivery of Union policies, but also in ensuring the Union’s standing as a credible and smart debt issuer; calls, therefore, on the Member States to move as swiftly as possible in the current negotiations to establish oand speed up the negotiations of the first basket of the so called new generation of EU Own resources based on the EU Emissions Trading System, the Carbon Border Adjustment Mechanism and Pillar I of the OECD presented by the Commission on 22nd December 2021; Urges the Council to approve the first basket of own resources before the end of 2022 and with the view to the current crisis reiterates its demand on the Commission to present a proposal for the second basket of the new own resources, including a proposal for a Financial transaction tax, before December 2023; stresses the importance for these new own resources to generate enough revenues to at least cover the repayment of NGEU, but also to give more leverage to the EU budget;
Amendment 2 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
Motion for a resolution
Paragraph 6 – point c
Paragraph 6 – point c
Amendment 93 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 110 #
2021/2043(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 118 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 140 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 176 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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 #
2021/2043(INI)
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;
Amendment 2 #
2021/2010(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Interinstitutional Agreement on budgetary cooperation on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources of 16 December 2020 (IIA) and; recalls the European Commission’s legally binding commitment towards the introduction of an EU present a legal proposal concerning a digital levy as an new own resources by June 2021;stresses the Parliament, Council and European Commission’s legally binding commitment to introduce it at the latest by 1 January 2023;
Amendment 8 #
2021/2010(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets the OECD’s failure to find consensus on digital taxation by the end of 2020 as planned; stresses that in the absence of a fair taxation in the digital economy at global level, the EU must lead the way and ensure that such a taxation is implemented at the EU level; recalls that on average, digital businesses face an effective tax rate of only 9.5%, compared to 23.2% for traditional business models1a; _________________ 1a Computations from the Impact Assessment of the European Commission, based on ZEW (2016, 2017) and ZEW et al.(2017).
Amendment 17 #
2021/2010(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the IIA binds the Council, Parliament and the Commission to irreversibly move forward withcreate and implement an EU digital levy that will entirely enter the long-term EU budget as an own resource; underlines that, irrespective of whether the ground rules will be determined at OECD or EU level, revenues generated by digital taxation in the Member States will entirely become an own resource;
Amendment 23 #
2021/2010(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates that the EU digital levy will counter tax base erosion, ensure a level playing field and improve tax fairness by capturing mobile bases; considers that its revenues would be intricately linked to the open borders of the single market and the ‘digital UnStresses that the digital sector multinational enterprises do not currently pay the level of tax that they should owe, and that on average they pay less than non-digital companies, while both benefit from local non-economic factors (infrastructure, education level...); Reiterates that the EU digital levy will counter tax base erosion, ensure a level playing field, secure a fair contribution from a sector which benefited from theCovid-19 outbreak and ensure tax fairness by capturing mobile bases and putting an end to double non-taxation’;
Amendment 32 #
2021/2010(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Maintains that the EU digital levy will be part of a basket of new own resources whose proceeds will be sufficient to cover, at least, and through the long- term EU budget, the repayment costs of the EU Recovery Instrument’s grants component, expected to be around EUR 15 billion per year on average and EUR 29.25 billion maximum per year from 2028 until 2058, while avoiding a reduction in expenditure for EU programmes and possibly reduce the GNI-based contribution and/or allow for a bigger EU budget in the forthcoming Multiannual Financial Frameworks; notes that the revenue is estimated to be in the range of several billion euros to several tens of billions of euros depending on, among other factors, the taxable revenues, the taxable entity, the place of taxation, the calculation and the rate of tax; warns against to a narrow definition of the problems at stake and as a result designing targeted rules for certain businesses only;
Amendment 39 #
2021/2010(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the OECD approach to go beyond the “arm’s length principle”, and towards a unitary enterprise principle by focusing on the global profits of multinational enterprises; expects this approach to be firmly stated and to set a minimum tax rate at 25% in order to match the effective tax rate for traditional businesses in EU Member states2b and to avoid a fiscal race to the bottom; _________________ 2b https://ec.europa.eu/taxation_customs/site s/taxation/files/communication_taxation_ digital_single_market_en.pdf
Amendment 44 #
2021/2010(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls that digital businesses are among companies that registered excess profits during the COVID-19 pandemic compared with previous years; highlights that the EU need to recover from the COVID-19 crisis and repay the NGEU and the mobilisation of revenues from under-taxed sectors is therefore much needed;
Amendment 48 #
2021/2010(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Insist on the fact that introducing a EU-wide digital tax would help on fighting against tax avoidance and tax fraud and therefore protect the financial interest of the EU;
Amendment 49 #
2021/2010(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Firmly insists on the fact that introducing the digital tax should not in any way come at the detriment of the fulfilment of the objectives as set out in the IIA and the adoption of the other own resources included in it; believes that a harmonised minimum corporate tax system, through the introduction of the CCCTB, would benefit all businesses and especially SMEs by ensuring a level- playing field; calls for the introduction of the CCCTB even before the current envisaged date of 2026;
Amendment 7 #
2021/0430(CNS)
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1 a) This decision constitutes an important step in the implementation of the roadmap for the introduction of new own resources; it is to be followed up by additional and complementary initiatives, including but not limited to, the Financial Transaction Tax, a financial contribution linked to the corporate sector or a new common corporate tax base, which will ensure that the new proceeds are at least sufficient for repayments of the interest and the principal of NGEU debts and that the distributive financial implications are acceptable to all Member States.
Amendment 9 #
2021/0430(CNS)
Proposal for a decision
Recital 2 a (new)
Recital 2 a (new)
(2 a) There is a need to increase the level of income through new own resources to make resources available for NGEU repayment costs and to allow for funding of the Social Climate Fund in the revised MFF and contribute to the long term achievement of the Union’s policy goals. However, legally and technically, the three new own resources will constitute general income in full compliance with the principle of universality of revenue.
Amendment 11 #
2021/0430(CNS)
Proposal for a decision
Recital 5
Recital 5
(5) To avoid an excessively regressive impact on contributions from the emissions trading, a maximum contribution should be established for eligible Member States until 2030. For the period from 2023 to 2027, Member States are eligible if the gross national income per capita, measured in purchasing power standard and calculated on the basis of Union figures for 2020 is below 90% of the EU average. For the period from 2028 to 2030, the gross national income per capita in 2025 should be used. The maximum contribution should be established by comparing Member States’ shares in the total emission trading based own resource with the shares of those Member States in the Union gross national income. A minimum contribution should be established for all Member States if their share of the total amount of ETS- based own resources is lower than 75% of their share in the Union gross national income.
Amendment 13 #
2021/0430(CNS)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7 a) The successful implementation of the OECD/G20 IF Pillar 1 Agreement at international level is suffering delays and is not guaranteed. It is necessary for the Commission and the Member States to regularly reassess the situation and, if appropriate, submit a legislative proposal to introduce a digital levy or similar measure in the absence of progress on the implementation of the OECD/G20 IF Pillar 1 Agreement. In the event of a clear lack of progress by 31 December 2023, a digital levy or similar proposal should be submitted. In any event, such a legislative proposal should enter into force in the absence of the ratification of a Multilateral Convention implementing Pillar 1 by a critical mass of countries by 31 December 2024. Such digital levy or similar proposal should then be considered an own resource of the Union.
Amendment 14 #
2021/0430(CNS)
Proposal for a decision
Recital 7 b (new)
Recital 7 b (new)
(7 b) The digital levy or similar proposal should be applied retroactively to companies in scope, depending on its entry into force, for the fiscal years 2021, 2022, 2023 and 2024.
Amendment 15 #
2021/0430(CNS)
Proposal for a decision
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Decision (EU, Euratom) 2020/2053
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) the application of a uniform rate of 250% to:
Amendment 16 #
2021/0430(CNS)
Proposal for a decision
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Decision (EU, Euratom) 2020/2053
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) the application of a uniform call rate equal to 75100% of the revenues from the sale of certificates of the carbon border adjustment mechanism established by Regulation (EU) [XXX] of the European Parliament and of the Council18 . _________________ 18 3Regulation (EU) [XXX] of the European Parliament and of the Council on the carbon border adjustment mechanism.
Amendment 17 #
2021/0430(CNS)
Proposal for a decision
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Decision (EU, Euratom) 2020/2053
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) the application of a uniform call rate of 15% to the share of residual profit of multinational enterprises reallocated to Member States pursuant to [the Directive on implementation of the global agreement on re-allocation of taxing rights19 .], provided that the OECD/G20 IF Pillar 1 Agreement has been successfully implemented by a critical mass of countries by 1 January 2025. _________________ 19 4[Directive (EU) XXX giving effect to the OECD/G20 IF Pillar 1 Agreement].
Amendment 18 #
2021/0430(CNS)
Proposal for a decision
Article 1 – paragraph 1 – point 1 – point c a (new)
Article 1 – paragraph 1 – point 1 – point c a (new)
(c a) in paragraph 1, the following subparagraph is added: “Where first subparagraph, point (g), does not apply, revenue from the application of a digital levy in Member States pursuant to [the Directive on introducing a digital levy in the Union] shall constitute an own resource entered in the Union budget.”
Amendment 29 #
2021/0375(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) European political parties should not fund, directly or indirectly, other political parties and, in particular, national parties or candidates. European political foundations should not fund, directly or indirectly, European or national political parties or candidates. The prohibition of indirect funding should however not prevent European political parties from publicly supporting and engaging with their member parties in the Union on issues of relevance for the Union, or to support political activities in the common interest, to be able to fulfil their mission under Article 10(4) TEU. Moreover, European political parties and their affiliated European political foundations should only finance activities in the context of national referendum campaigns when they concern the implementation of the TEU and the TFEUissues directly related to the Union within the limits and in accordance with EU values . These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice.
Amendment 40 #
2021/0375(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘indirect funding’ means funding from which the member party derives a financial advantage, even where no funds are directly transferred; this should include cases which allow the member party to avoid expenditure which it would otherwise have had to incur for activities, other than political activities in the common interestorganised to promote European values and awareness, organised for its own and sole benefit;
Amendment 50 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 5 – introductory part
Article 23 – paragraph 5 – introductory part
5. For all donations the value of which exceeds EUR 301500, European political parties and European political foundations shall request donors to provide the necessary information for their proper identification. European political parties and European political foundations shall transmit the information received to the Authority upon its request.
Amendment 64 #
2021/0375(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The funding of European political parties and European political foundations from the general budget of the European Union or from any other source may be used to finance referendum campaigns when those campaigns concern the implementation of the Treaties of the Unionissues directly related to the European Union, and within the limits and in accordance with EU values.
Amendment 33 #
2021/0293(COD)
Proposal for a decision
Recital 1
Recital 1
(1) In its Communication “2030 Digital Compass: the European way for the Digital Decade” of 9 March 202131 (“Digital Compass Communication”) the Commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. The Union way for the digital transformation of economy and society should encompass digital sovereignty, inclusion, equality, sustainability, accessibility, resilience, security, improving quality of life, respect of citizens’ rights and aspirations and should contribute to a dynamic, resource efficient, and fair economy and society in the Union. _________________ 31 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “2030 Digital Compass: the European way for the Digital Decade” COM/2021/118 final/2.
Amendment 36 #
2021/0293(COD)
Proposal for a decision
Recital 4
Recital 4
(4) The Commission’s Communication on the European Green Deal35 emphasised that Europe should leverage the potential of the's digital transformation, which is a key should become an enabler for reaching the Green Deal objectives. The Union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the Green Deal in many different sectors. Digital technologies such as artificial intelligence, 5G, cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environmentlay the path to a sustainable and sovereign digital future designed for human development. To this end, it should promote and invest in digital technologies and infrastructure that are sustainably designed, with high ecodesign standards and durability at their core, to attain the sustainability goals of the Green Deal. Digitalisation also presents new opportunities for distance monitoring of air and water pollution, orand for monitoring and optimising how energy and natural resources are used. Europe needs a digital sector that puts sustainability at its heart, ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient through a complete multicriteria life-cycle assessment methodology, and contribute to a sustainable circular and climate-neutral economy and society in line with the European Green Deal. _________________ and the EU Sustainable and Smart Mobility Strategy.1a _________________ 1a Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions Sustainable and Smart Mobility Strategy – putting European transport on track for the future COM(2020)789 . 35 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.
Amendment 42 #
2021/0293(COD)
Proposal for a decision
Recital 5
Recital 5
(5) The measures envisaged in the Digital Compass Communication should be implemented, to intensify actions defined in the strategy for Shaping Europe’s digital future, and building on existing Union instruments (such as Cohesion programmes, the Technical Support Instrument, Regulation (EU) 2021/694 of the European Parliament and of the Council36 , Regulation (EU) 2021/695 of the European Parliament and of the Council37 and Regulation (EU) 2021/523 of the European Parliament and of the Council38 ) and on the funds allocated for digital transition of Regulation (EU) 2021/241 of the European Parliament and of the Council39 . By this Decision, a Policy Programme “Path to the Digital Decade” should therefore be established in order to achieve, accelerate and shape a successful digital transformation of the Union’s economy and societyas a tool to achieve the Union’s general policy objectives, keeping in mind that digitalisation without a societal value is not a goal in itself. _________________ 36 Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ L 166, 11.5.2021, p. 1). 37 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). 38 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 ( OJ L 107, 26.3.2021, p. 30). 39 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 43 #
2021/0293(COD)
Proposal for a decision
Recital 6
Recital 6
(6) In order to follow the trajectory of the Union regarding the pace of digital transformation, digital targets should be established. These targets should be linked to concrete areas, where progress should collectively be made within the UnionDigital targets should be established, rigorously guided by clear, environmentally sustainable societal objectives. The targets follow the four cardinal points identified in the Digital Compass Communication, identified as the essential areas for the digital transformation of the Union: digital skills, digital infrastructures, digitalisation of businesses and of public services.
Amendment 45 #
2021/0293(COD)
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) While digitalisation can bring significant advancements in economic development and social inclusion, digitalisation should not be an aim in itself, but rather a tool for progress. In this context, digitalisation does not come at the cost of non-digital solutions. The Union must guarantee human support and the choice of non-digital means of participation in all aspects of public and private life, especially for persons who might still face barriers to digital participation due to inaccessible digital services and products, high financial costs of digital services or devices, lack of internet or mobile access or low digital literacy.
Amendment 47 #
2021/0293(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade. Moreover, digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and men. In addition, an eseliminating gender, social and geographic divides. An intersenctional enabler for taking advantage of the benefits of digitisation, for further technological developapproach should be the basis of this convergence, making sure all woments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is needed. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 finalmen benefit from advanced digital skills and access to quality jobs, including but not limited to women with disabilities, Black and other women of colour, women with migrant backgrounds, Roma and LBTI women, and from non-urban areas of the Union. Digital literacy should also be prioritised for marginalised populations, such as the elderly and people with disabilities. Wide public consultation involving citizens prior to the deployment of digital infrastructure projects should lead to greater trust, acceptability and improve the design of projects with the concrete needs and feedback of local communities.
Amendment 51 #
2021/0293(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
Amendment 53 #
2021/0293(COD)
Proposal for a decision
Recital 8
Recital 8
(8) Beyond enablers, all the above mentionedEmerging technologies will be at the core of new products, new manufacturing processes and new business models based on fair and secure sharing of data in the data economy. The transformation of businesses will depend on their ability to adopt new digital technologies rapidly and across the board, including in industrial and services ecosystems that are currently lagging behind, while ensuring effective protection of privacy and data protection.
Amendment 58 #
2021/0293(COD)
Proposal for a decision
Recital 9
Recital 9
(9) Democratic life and public services will also crucially depend oncan benefit from digital technologies and therefore they should be fully accessible for everyone, as a best–in- class digital environment providing for easy-to-use, efficient and personalised services and tools with high security and privacy standards. To this end, the use of strong encryption should be encouraged and the avoidance of gender, geographic, social or age divides should be mainstreamed into every action. The digitalisation of public services should be deployed with the aim of enhancing quality and public access, and should go hand in hand with sufficient human employees to accompany citizens in their procedures.
Amendment 61 #
2021/0293(COD)
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10a) Where public funds are used, it is crucial that maximum value is gained for society and businesses. Therefore, funding should be, if possible, contingent on the outputs of funded projects not being subject to any restrictions and freely reusable.
Amendment 62 #
2021/0293(COD)
Proposal for a decision
Recital 11
Recital 11
(11) A harmonious, inclusive and steady progress towardspproach to the digital transformation and towards the achievement of the digital targets in the Union, requires a comprehensive, robust, reliable, flexible and transparent form of governance, based on close cooperation and coordination between the Union institutions, bodies and agencies, and the Member States. An appropriate mechanism should ensure coordination of convergence and the consistency and effectiveness of policies and measures at Union and national level. Therefore, it is necessary to lay down provisions on a monitoring and cooperation mechanism implementing the Digital Compass Communication. The Union and Member States should ensure inclusive participation of civil society organisations representing marginalised communities, consumer and digital rights representatives, to ensure that digital transformation equally benefits everyone, leaving no one behind. The Union and Member States as State Parties to the United Nations Convention on the Rights with Disabilities (CRPD) are mandated to involve organisations of persons with disabilities.
Amendment 68 #
2021/0293(COD)
Proposal for a decision
Recital 15
Recital 15
(15) In particular, the Commission should report how effectively the objectives of this Decision have been mainstreamed into the planning and development of projects and any problems identified, as well as on the progress towards the digital targets, detailing the degree of Union progress in relation to the projected trajectories for each target, the assessment of the efforts necessary to reach each target, including investment gaps in digital capacities and raising awareness about the actions needed to increase digital sovereignty. The report should also include an assessment of the implementation of relevant regulatory proposals as well as of the actions undertaken at Union and Member States level.
Amendment 71 #
2021/0293(COD)
Proposal for a decision
Recital 15 a (new)
Recital 15 a (new)
(15a) Accessibility and disability-focused indicators should be incorporated in the DESI and in the report on the “State of the Digital Decade” (“ESDDR”) to ensure systematic monitoring and progress related to inclusive and accessible digital transformation for all members of society.
Amendment 73 #
2021/0293(COD)
Proposal for a decision
Recital 16
Recital 16
(16) On the basis of this analysis the report would include specific recommended policies, measures and actions. When recommending policies, measures or actions in the report, the Commission should take into account the most recent data available, the joint commitments undertaken, the policies and measures defined by Member States as well as progress regarding recommended actions identified in earlier reports and addressed in the course of the annual cooperation. In addition, the Commission should take into account the differences in individual Member States’ potential to contribute to the digital targets, as well as the policies, measures and actions already in place and considered appropriate to achieve the objectives and targets, even if their effects have not yet materialised.
Amendment 74 #
2021/0293(COD)
Proposal for a decision
Recital 20
Recital 20
(20) In order to ensure that cooperation between the Commission and the Member States is efficient and effective, Member States should submit to the Commission national Digital Decade strategic roadmaps covering the period up to 2030 (‘national Digital Decade strategic roadmaps’) proposing, where possible and measurable at national level, national trajectories, describing all the instruments adopted, planned or implemented with a view to contributing to the achievement at Union level of the objectives of this Decision and the digital targets and objectives. These national Digital Decade strategic roadmaps should be a crucial tool for the coordination of the policies of the Member States and for ensuring predictability for the market. Member States should take into account relevant sectoral initiatives, both at Union and national level, and ensure consistency with them. During the annual cycle of cooperation, Member States could propose adjustments to their national Digital Decade strategic roadmaps to take into account the evolution of the digital transition at Union and national level and to respond, in particular, to the Commission recommended policies, measures and actions.
Amendment 75 #
2021/0293(COD)
Proposal for a decision
Recital 23
Recital 23
(23) The cooperative dialogue between the Commission and the Member States should commence with the assessment of their national Digital Decade strategic roadmaps and should be based on the data provided and assessment made in the report of the state of the Digital Decade, as well as on the feedback received by relevant stakeholders, including civil society.
Amendment 78 #
2021/0293(COD)
Proposal for a decision
Recital 29
Recital 29
(29) In order to ensure transparency and public participation, the Commission should engage with all interested stakeholders. To that end, the Commission should closely cooperate with stakeholders including private and public actors, such as bodies governed by public laws of the educational or health sector, as well as civil society, and consult them on measures to accelerate the digital transformation at Union level. The involvement of stakeholders would be important at the level of Member States as well, in particular when adopting their national Digital Decade strategic roadmaps and their adjustments.
Amendment 79 #
2021/0293(COD)
Proposal for a decision
Recital 32 a (new)
Recital 32 a (new)
(32 a) Union and Member State funding, such as those under the Recovery and Resilience Facility, Important Projects of Common European Interest (IPCEIs), Technical Support Instrument and the Digital Europe Programme, should incorporate accessibility as award criteria. This will ensure that when EU funds are used, new technologies equally benefit all members of society, including persons with disabilities, rather than creating further digital barriers.
Amendment 80 #
2021/0293(COD)
Proposal for a decision
Recital 32 b (new)
Recital 32 b (new)
(32b) Specific funding should be earmarked for projects aiming towards socially and environmentally beneficial goals, for example for improving accessibility for persons with disabilities, the developing assistive technologies, or addressing energy poverty, among other aims.
Amendment 85 #
2021/0293(COD)
Proposal for a decision
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) set a clear direction for the inclusive digital transformation of the Unionat the service of the Union's objectives and for delivery of the digital targets;
Amendment 89 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) promote a human-centered, sustainable, inclusive, secure, accessible and open digital environment where digital technologies and services respect and enhance Union principles, rights and values;
Amendment 92 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ensure that all members of society benefit from digital transformation equally, and no one is left behind, by applying a strong intersectional approach to policies and actions under this Policy Programme, and addressing existing and potential digital gaps due to inaccessible technologies, lack of digital skills, socio- economic barriers, or other reasons;
Amendment 104 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) reinforce Member States’ collective resilience and bridge the digital divides, whether social, economic, geographic or gender-based, notably by promoting basic and specialised digital skills for all and fostering the development of high- performing and inclusive digital education and training systems, accessible for everyone;
Amendment 111 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ensure digital sovereignty notably by a secure and accessible digital infrastructure capable tof processing vast volumes of data that enables other technological developments, supporting the competitiveness of the Union's industry;
Amendment 114 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) promote the deployment and the use of digital capabilities giving access to digital technologies and data on easyon open, accessible and fair terms in order to achieve a high level of digital intensity and innovation in Union’s enterprises, in particular small and medium ones;
Amendment 117 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) ensure access to data, while ensuring protection of security and fundamental rights;
Amendment 122 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ensure that democratic life, public services and health and care services are accessible online for everyone, in particular disadvantagmarginalised groups including persons with disabilities, offering inclusive, efficient, accessible, interoperable, and personalised services and tools with high security and privacy standards;
Amendment 123 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(e a) ensure that everyone, in particular marginalised groups, including persons with disabilities, has easy access to inclusive, efficient, accessible, interoperable, and personalised services and tools with high security and privacy standards such as state-of-the-art, end to end encryption and free and open source solutions;
Amendment 125 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ensure that digital infrastructures and technologies become more sustainable and energy- and resource efficient, by default and contribute to a sustainable circular and climate-neutral economy and society in line withorder to achieve the European Green Deal and the Union’s environmental targets and objectives;
Amendment 128 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ensure that a robust multicriteria life-cycle assessment methodology for the environmental impact of digital technologies and infrastructures is developed and that its use becomes standard practice in the Union;
Amendment 132 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) facilitate convergent conditions for investments in digital transformation throughout the Union, including by strengthening the synergies between the use of Union and national funds, promoting investment in support of socially and environmentally beneficial outcomes and developing predictable regulatory approaches;
Amendment 135 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ensure strong civil society involvement, including involvement of organisations of persons with disabilities, human rights groups, environmental organisations, digital and consumer rights representatives, and accessibility experts, in the development and implementation of policies and actions under the “Path to the Digital Decade” Policy Programme.
Amendment 149 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b
Article 4 – paragraph 1 – point 1 – point b
(b) at least 20 million employed information and communications technology (ICT) specialists are employed, with convergence between women and menout gender, social or geographical divides;
Amendment 150 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b a (new)
Article 4 – paragraph 1 – point 1 – point b a (new)
(ba) all Member States develop digital empowerment courses for their youth with a focus on the risks of the attention economy, knowledge of their digital rights and recourse, media literacy, disinformation and control over their personal data;
Amendment 151 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – introductory part
Article 4 – paragraph 1 – point 2 – introductory part
(2) secure, performant and sustainable digital technologies and infrastructures:
Amendment 153 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a
Article 4 – paragraph 1 – point 2 – point a
(a) all European households are covered by a Gigabit network, with all populated areas covered by 5Ghigh- speed networks complementing existing networks and eco-designed services mainstreamed to ensure the tackling of digital divide in remote areas;
Amendment 155 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a a (new)
Article 4 – paragraph 1 – point 2 – point a a (new)
(aa) 80% of data centers in Europe are highly-energy efficient with high eco- design standards using renewable energy such as free-cooling and free-chilling and optimised to reuse generated heat for societal use;
Amendment 157 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a b (new)
Article 4 – paragraph 1 – point 2 – point a b (new)
(ab) 80% of the components of digital devices and infrastructures are collected at the end-of-life and recycled in Europe to fuel the secondary raw material market and boost innovation;
Amendment 158 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a c (new)
Article 4 – paragraph 1 – point 2 – point a c (new)
(ac) 100% of digital equipment has a lifespan of at least 5 years and 60% of the digital equipment market consists of refurbished and reused goods;
Amendment 159 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a d (new)
Article 4 – paragraph 1 – point 2 – point a d (new)
(ad) 50% of the annual digital budget of the Union and Member States is directed towards sustainable application of digital technologies;
Amendment 160 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a e (new)
Article 4 – paragraph 1 – point 2 – point a e (new)
(ae) sustainability is mainstreamed in 100% of investments in digital technologies and infrastructures in the Union and mandatory prior environmental impact assessments are systemised;
Amendment 163 #
2021/0293(COD)
(da) by 2030, all Union citizens can communicate via interoperable total conversation and real-time text technologies as mainstream electronic communication services;
Amendment 165 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point a – introductory part
Article 4 – paragraph 1 – point 3 – point a – introductory part
(a) at least 75% of relevant Union enterprises have taken up:
Amendment 166 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c
Article 4 – paragraph 1 – point 3 – point c
(c) the Union grows the pipeline of its innovative scale ups and improves their access to finance, leading to at least doubling the number of unicornsfacilitates the growth of scale ups, including their access to finance;
Amendment 167 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c a (new)
Article 4 – paragraph 1 – point 3 – point c a (new)
(ca) 50% of businesses use European- based cloud solutions to enhance European digital sovereignty;
Amendment 168 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c b (new)
Article 4 – paragraph 1 – point 3 – point c b (new)
Amendment 169 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c c (new)
Article 4 – paragraph 1 – point 3 – point c c (new)
(c c) 30% of EU and national digital budgets is directed towards innovation for sustainable technologies in line with the Union’s environmental objectives;
Amendment 170 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c d (new)
Article 4 – paragraph 1 – point 3 – point c d (new)
(cd) all Member States engaged in the creation of sustainable innovation hubs gathering businesses, innovators, scientists and environmental and digital rights groups to foster the exchange of best practices and the emergence of world-class sustainable technologies;
Amendment 171 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c e (new)
Article 4 – paragraph 1 – point 3 – point c e (new)
(ce) at least 90% of services and products on the Union market are accessible for everyone, including persons with disabilities;
Amendment 173 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – introductory part
Article 4 – paragraph 1 – point 4 – introductory part
(4) sustainable digitalisation of public services:
Amendment 175 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point a
Article 4 – paragraph 1 – point 4 – point a
(a) 100% online accessible provision of key public services foraccessible for all Union citizens and businesses, while ensuring access to adequate human personnel to assist in public and administrative procedures;
Amendment 176 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b
Article 4 – paragraph 1 – point 4 – point b
(b) 100% of Union citizens have access to their medical records (electronic health records (EHR)) with strong privacy and encryption safeguards including decentralised storage;
Amendment 181 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c
Article 4 – paragraph 1 – point 4 – point c
(c) at least 8100% of Union citizens use awho want to use an accessible digital identification (ID) solution can do so.
Amendment 182 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c a (new)
Article 4 – paragraph 1 – point 4 – point c a (new)
(ca) 100% of public procurement has mandatory sustainability criteria and targets and favour open-source and interoperable solutions;
Amendment 189 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall monitor the progress of the Union against each of the objectives and digital targets set out in Articles 2 and 4. To this end, the Commission shall rely upon Digital Economy and Society Index (DESI), and for the purpose of this decision, in accordance with Article 25 (2), shall set out in an implementing act the key performance indicators (‘KPIs’) for each digital target. The Commission shall develop a multicriteria life-cycle assessment methodology to calculate the environmental impact of digital technologies, establish a digital environmental index and mainstream its use in the Union.
Amendment 193 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Member States shall provide to the Commission in a timely manner the necessary statistics and data required for the effective monitoring of the digital transition and of the degree of achievement of the digital targets set out in Article 4 and the objectives set out in Article 2. This shall include relevant information on the availability and accessibility of spectrum. Where the relevant statistics from Member States are not yet available, the Commission may use an alternative data collection methodology, such as studies or direct collection of data from the Member States, in consultation with the Member States. The use of that alternative data collection methodology shall not affect the tasks of Eurostat as laid down in Commission Decision 2012/504/EU47 . _________________ 47 Commission Decision 2012/504/EU of 17 September 2012 on Eurostat (OJ L 251, 18.9.2012, p. 49).
Amendment 196 #
2021/0293(COD)
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) The Commission shall submit annually to the European Parliament and the Council a report on the “State of the Digital Decade”. This report shall be the comprehensive report of the Commission on the progress on digital transformation of the Union and i. It shall include the Digital Economy and Society Index (DESI) and the digital environmental impact index of digital technologies in Europe.
Amendment 197 #
2021/0293(COD)
(2) In the report on the “State of the Digital Decade”, the Commission shall provide an assessment of the progress of the Union’s digital transition against the digital targets set out in Article 4 as well as the state of compliance with the general objectives referred to in Article 2 and the principles enshrined in the [insert title of solemn Declaration]. The assessment of the progress made shall be based, in particular, on the analysis and key performance indicators in the DESI as compared to Union-level and, where applicable, national projected trajectories, and, where applicable, on the establishment of and progress regarding Multi-Country Projects.
Amendment 198 #
2021/0293(COD)
Proposal for a decision
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) In the report on the “State of the Digital Decade”, the Commission may recommend policies, measures or actions to be taken by Member States in areas where progress was insufficient to achieve the digital targets set out in Article 4, where the objectives set out in Article 2 were not respected or where significant gaps and shortages have been identified based on the results of the report on the “State of the Digital Decade”. Those recommended policies, measures or actions may, in particular, address:
Amendment 200 #
2021/0293(COD)
Proposal for a decision
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) national projected trajectories contributing to relevant digital targets measurable at national level and how the objectives are mainstreamed in these trajectories;
Amendment 201 #
2021/0293(COD)
Proposal for a decision
Article 7 – paragraph 4
Article 7 – paragraph 4
(4) Member States shall provide a general overview of the investment needed to contribute to the achievement of the objectives and digital targets as set out in their national Digital Decade strategic roadmaps, as well as a general description on the sources of that investment, including, where applicable, planned use of Union programmes and instruments. The national Digital Decade strategic roadmaps may include proposals for Multi-Country Projects.
Amendment 204 #
2021/0293(COD)
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
(1) Member States and the Commission shall closely cooperate to identify ways to address deficiencies in areas where progress was insufficient to achieve one or more of the digital targets set out in Article 4, the objectives in Article 2, or where significant gaps and shortages have been identified based on the results of the report on the ”State of the Digital Decade”. This analysis shall take into account, in particular, the different capacities of Member States to contribute to some of the digital targets and the risk that delays on certain of these targets may have a detrimental effect on the achievement of other digital targets.
Amendment 207 #
2021/0293(COD)
Proposal for a decision
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Within five months from the publication of the report on the “State of the Digital Decade”, the Member States concerned shall submit to the Commission adjustments to their national Digital Decade strategic roadmaps consisting of policies, measures and actions they intend to undertake, including, where relevant, proposals for Multi-Country Projects, to foster progress in the areas concerned by the digital targets set out in Article 4 and to fulfillachieve the objectives set out in Article 2. If a Member State considers that no action is required and that its national Digital Decade strategic roadmap does not require updating, it shall provide its reasons in writing.
Amendment 208 #
2021/0293(COD)
Proposal for a decision
Article 8 – paragraph 4
Article 8 – paragraph 4
(4) At any point of the annual cooperation, the Commission and one or more Member States may undertake joint commitments, consult with other Member States on policy, measures or actions or establish Multi-Country Projects as provided for in Article 12. The Commission or aA Member State which has proposed a policy, a measure or an action may also request a peer review process to be launched regarding specific aspects of that policy, measure or action, and in particular on its suitability to contribute to achieving a specific digital target. The outcome of the peer review process may be included in the following Report on the “State of the Digital Decade”.
Amendment 211 #
2021/0293(COD)
Proposal for a decision
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) The Commission shall closely cooperate with private and public stakeholders, including social partners and civil society, to collect information and develop recommended policies, measures and actions for the purposes of the implementation of this Decision.
Amendment 212 #
2021/0293(COD)
Proposal for a decision
Article 11 – paragraph 2
Article 11 – paragraph 2
(2) The Member States shall cooperate with private and public stakeholders, including social partners, in line with the national legislation and civil society, when adopting their national Digital Decade strategic roadmaps and their adjustments.
Amendment 213 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) The general objective of the Multi- Country Projects shall be to facilitate the achievement of the digital targets, while ensuring that the objectives described in Article 2 are achieved.
Amendment 214 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
(2) Multi-Country Projects shall aim at one or more of the following specific objectivegoals:
Amendment 215 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) reinforcing the Union’s technology excellence and industrial competitiveness in critical technologies, digital products, services and infrastructures that are essential for economic recovery and prosperity, for citizens’the economic well-being security and safety of individuals;
Amendment 219 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) contributing to a sustainable digital transformation of society and the economy that benefits all businesses and citizen, all socio- economic groups and individuals across the Union;
Amendment 225 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 5
Article 12 – paragraph 5
(5) The Commission may adopt a recommendation to set up a Multi-Country Project or to invite a Member State to participate in a Multi-Country Project meeting the requirements of paragraphs (1) to (3) , taking into account the progress implementing the national Digital Decade strategic roadmaps and theobjectives as well as adherence to the Commission’s recommended actions. The Commission and Member States may also undertake to set up, or join, a Multi- Country Project as a joint commitment.
Amendment 227 #
2021/0293(COD)
Proposal for a decision
Article 13 – paragraph 3
Article 13 – paragraph 3
(3) Other entities, whether public or private, may contribute to Multi-Country Projects where appropriate. Private contributions shall not result in restrictions to the availability of the outcomes of the projects for individuals and businesses in the Union.
Amendment 229 #
2021/0293(COD)
Proposal for a decision
Article 15 – paragraph 3
Article 15 – paragraph 3
(3) An EDIC shall have in each Member State the most extensive legal capacity accorded to legal entities under the law of that Member State. It may, in particular, acquire, own and dispose of movable, and immovable and intellectual property, conclude contracts and be a party to legal proceedings.
Amendment 233 #
2021/0293(COD)
Proposal for a decision
Article 17 – paragraph 4
Article 17 – paragraph 4
(4) An EDIC may be open to the participation of entities other than Member States, which may include inter alia international organizations and private entities, as specified in the Statutes. If this is the case, Member States shall hold jointly the majority of the voting rights in the assembly of members and enough votes to make any decision, regardless of the amount of contributions from entities other than Member States.
Amendment 235 #
2021/0293(COD)
Proposal for a decision
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) rules on the ownership of infrastructure, intellectual property and other assets, as applicableproperty.
Amendment 60 #
2021/0291(COD)
Proposal for a directive
Recital 1
Recital 1
(1) One of the objectives of Directive 2014/53/EU of the European Parliament and of the Council11 is to guarantee the proper functioning of the internal market. Pursuant to Article 3(3), point (a), of that Directive, one of the essential requirements that radio equipment must fulfil is that it interoperates with accessories, in particular with common chargers. In that respect, recital (12) of Directive 2014/53/EU indicates that the interoperability between radio equipment and accessories such as chargers simplifies the use of radio equipment and reduces unnecessary waste and costs and that developing a common charger for certain categories or classes of radio equipment is necessary, particularly for the benefit of consumers. This is also in line with the goals of the European Green Deal and should therefore be achieved. __________________ 11 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
Amendment 62 #
2021/0291(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Since 2009, efforts have been deployed at Union level to limit the fragmentation of the charging interfaces for mobile phones and similar items of radio equipment. Recent voluntary initiatives do not fully meet Union policy objectives to reduce electronic waste (e-wasNevertheless, the single market is not exploiting its full potential and the continuing fragmentation of the market for chargers and charging interfaces for mobile phones and other categories or classes of radio equipment translates into an increase in electronic waste (e-waste) and consumer frustration. Recent voluntary initiatives have proved unsuccessful to meet Union policy objectives to reduce e-waste, ensure consumer convenience and avoid fragmentation of the market for charging devices. To date), ensure consumer convenience and avoid fragmentation of the market for charging devicethere are no voluntary commitments or binding requirements on common chargers or charging interfaces for mobile phones or other similar portable devices. A comprehensive approach at Union level is needed to address the risks related to the continued market fragmentation, to minimise the environmental impact of portable product chargers and to empower consumers by providing them with a sustainable choice when buying such products.
Amendment 67 #
2021/0291(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In January 2020, the European Parliament adopted a resolution on a common charger for mobile radio equipment stressing the urgent need for Union regulatory action for a common charger for mobile phones and other small and medium-sized radio equipment devices in order to reduce e-waste, empower consumers to make sustainable choices, and allow consumers to participate fully in an efficient and well- functioning internal market. The resolution also highlights the importance of research and innovation in this domain to improve existing technologies and come up with new ones and the need for a regular scrutiny of the legislative framework for a common charger in order to take into account technical progress.
Amendment 69 #
2021/0291(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Union is committed to boosting the efficient use of resources and to reduce the environmental and resource footprint of Union production and consumption by moving to a clean, circular economy through the introduction of initiatives such as Directive 2012/19/EU of the European Parliament and of the Council12 and more recently through the introduction of the European Green Deal. This Directive aims to reduce the e-waste generated by the sale of radio equipment and to reduce the extraction of raw materials and the CO2 emissions generated by the production, transportation and disposal of chargers, thereby promoting a circular economy. __________________ 12 Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).
Amendment 70 #
2021/0291(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The Commission’s Circular Economy Action Plan provided for initiatives along the entire life cycle of products, targeting their design, promoting circular economy processes through resource efficiency, zero pollution and waste prevention as key priorities, fostering sustainable consumption, and aiming to ensure that the resources used are kept in the Union economy for as long as possible.
Amendment 71 #
2021/0291(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The Commission completed an impact assessment study, which has shownconfirmed that the internal market is not exploiting its full potential as continuing fragmentation of the market for charging interfaces and charging communication protocols for mobile phones and other similar radio equipment results in a lack of consumer convenience and an increase in e-waste.
Amendment 74 #
2021/0291(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The interoperability between radio equipment and accessories such as chargers is hampered as there are different charging interfaces for certain categories or classes of radio equipment that use wired charging such as handheld mobile phones, tablets, digital cameras, headphones or headsets, handheld videogame consoles and portable speakers. In addition, there are several types of fast charging communication protocols for which a minimum level of performance is not always guaranteed. As a result, Union action is required to promote a common degree of interoperability, minimum power delivery, a common fast charging functionality and the provision of information relating to the charging characteristics of radio equipment to end- users so that they are adequately informed about the negative impact of unnecessary chargers. It is therefore necessary to introduce suitable requirements in Directive 2014/53/EU regarding the charging communication protocols, the charging interface (i.e. charging receptacle) of certain categories or classes of radio equipment operating with power delivery up to 100 Watts, as well as the information to be provided to end-users regarding the charging characteristics of those categories or classes of radio equipment, such as information about the minimum and maximum wattage range at the maximum charging speed, so that end-users can easily understand which chargers they can use with which radio equipment device.
Amendment 83 #
2021/0291(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is therefore necessary to harmonise the charging interface and charging communication protocols for specific categories or classes of radio equipment that are recharged via wired charging. It is also necessary to provide the basis for adaption, review and modification of the current rules to any future technological progress by introducing a harmonisation ofand to other developments that may have an impact on consumer convenience, environmental benefits and to the degree of fragmentation of the charging interfaces and charging communication protocols. It is also necessary to harmonise the charging interfaces and the charging communication protocols with respect to radio equipment that may be charged via any means other than wired charging including charging via radio waves (wireless charging) by 31 December 2025. Such harmonisation should reduce environmental waste, ensure consumer convenience and avoidensure that the wireless charging technology or any other technology that uses other means than wired charging is at least equally energy efficient and safe as a wired solution and that it is interoperable and capable of quickly charging different categories or classes of radio equipment. Such a harmonised approach would help reducing environmental waste, ensure consumer convenience and avoid lock-in effects with proprietary charging solutions as well as fragmentation of the market among different charging interfaces and charging communication protocols as well as among any initiatives at national level, which might cause barriers to trade in the internal market.
Amendment 90 #
2021/0291(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Such harmonisation would be however incomplete, if it is not combined with requirements regarding the combined sale of radio equipment and their chargers and information to be provided to end-userscharging devices and cables are systematically sold to end- users with each electronic device. The most effective way to ensure a concrete reduction in environmental impacts and an actual increase in consumer savings is to establish that radio equipment should only be sold to end-users without charging devices and cables. Such measure should be combined with mandatory information to be provided to end-users before the sale of the product, including when the product is sold online. The mandatory unbundling should not be financially detrimental to end-users, and any discriminatory, disproportionate or unfair marketing practice resulting in unnecessary costs and burden for end- users should be monitored and reported by the Commission. A fragmentation of approaches among the Member States with respect to the marketing of the categories or classes of radio equipment concerned and their charging devices would hamper the cross-border trade in those products, for example by obliging economic operators to repackage their products depending on the Member State, in which the products are to be supplied. This would in turn result in increased inconvenience for consumers and would generate unnecessary e-waste thus offsetting the benefits derived from the harmonisation of the charging interface and charging communication protocol. It is therefore necessary to impose requirements to ensure that end-users are not obliged to purchase a new charging device with each purchase of a new mobile phone or similar item of radio equipment. To ensure the effectiveness of suchTo ensure the effectiveness of the unbundling requirements, end-users should receive the necessary information regarding the charging characteristics when purchasing a mobile phone or similar item of radio equipment.
Amendment 99 #
2021/0291(COD)
Proposal for a directive
Recital 13
Recital 13
(13) With respect to charging by means other thanThe latest technological trends reflect the shift from wired charging to charging by other means, such as different wireless charging technologies, which entail many potential benefits for consumers and the environment such as mitigating e-waste, but also shortcomings, because wireless charging technologies perform less efficiently than wired charging. It should be considered that no standardised test method exists to evaluate and effectively compare the efficiency of wireless charging. Many mobile phones and other categories or classes of radio equipment already use different wiredless charging, methods, and divergent solutions may be developed in the future, which may have negative impacts on interoperability, consumer convenience and the environment. Whilst it is premature to impose specific requirements on such solutions at this stage, the Commission should be able to tait is necessary to avoid any future fragmentation in this area or risk of lock-in effect with proprietary charging solutions for wireless charging technologies, which may jeopardise the goals of the common charger initiative. To this end, harmonised standards to evaluate and effectively compare the efficiency of different wireless charging technologies and to harmonise charging interfaces and fast charging protocols for wireless charging are needed to ensure the proper functioning of the internal market action towards harmonising them in the future, if fragmentation on the internal market is observednd the application of this Directive. The Commission should therefore take measures towards harmonising such wireless technologies based on voluntary harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council for the purpose of drawing up detailed technical specifications for improving the energy efficiency and the interoperability of those technologies. The Commission should therefore issue standardisation requests to the European standardisation organisations by 2025.
Amendment 105 #
2021/0291(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In the absence of harmonised standards for interoperability of charging interface and fast charging protocols for wireless charging, and whenever needed for internal market harmonisation purposes, the Commission should be able to adopt the most appropriate technical specification, based on the degree of technical progress and on considerations of consumer convenience and environmental benefits. For instance, the Commission should be able to adopt technical specifications when the standardisation process is blocked due to a lack of consensus between stakeholders or where there are undue delays in the establishment of a harmonised standard, for example because the required quality is not reached. The Commission should not be allowed to adopt a technical specification if it has not previously tried to have the wireless requirements covered through the European standardisation system, except where the Commission can demonstrate that the technical specifications comply with the requirements laid down in Annex II to Regulation (EU) No 1025/2012. With a view to establishing such a standard in the most efficient way, the Commission should also fully involve the Commission Expert Group on Radio Equipment throughout the process of adaption and harmonisation.
Amendment 106 #
2021/0291(COD)
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13b) In order to ensure coherence between the provisions of this Directive and other relevant provisions covering radio equipment, it is important to clarify that the provisions of this Directive apply to all end-users including consumers. The applicable definition of ‘end-user’ is laid down in Article 3(21) of Regulation (EU) 2019/1020 and it explicitly indicates that consumers are a particular category of end-users.
Amendment 108 #
2021/0291(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Article 10(8) of Directive 2014/53/EU provides for information to be included in the instructions for use and so additional information requirements should be inserted in that Article. The details of the new requirements should be specified in the new annex to Directive 2014/53/EU. Those mandatory information requirements would enable consumers to determine the most appropriate external power supply (EPS) needed to charge their radio equipment. It should be possible to adapt those requirements in the future in order to reflect any changes to the labelling requirements for EPS, which may be introduced under Directive 2009/125/EC of the European Parliament and of the Council14 end-users to improve their understanding of the negative environmental impact of unnecessary chargers and of the differences between the available chargers on the market. An easily legible, accessible and understandable label should indicate the information on the charging capabilities and compatible chargers that should allow consumers to determine the most appropriate external power supply (EPS) needed to charge their radio equipment. The label with the information on the charging capabilities and compatible chargers should also be displayed on the instructions for use, which accompany the radio equipment, in order to give end-users a further reference. It should be possible to adapt those requirements in the future in order to reflect any changes to the labelling requirements for EPS, which may be introduced under Directive 2009/125/EC of the European Parliament and of the Council14 . The information obligations should be applicable to manufacturers, importers, distributors and where applicable, authorised representatives, as long as they supply the radio equipment directly to end-users, and should be adapted accordingly in the revision of the Union framework regulating the ecodesign requirements. __________________ 14 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
Amendment 110 #
2021/0291(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Certain elements of the information referred to in Article 10(8) of Directive 2014/53/EU should also be provided by means of a dedicated graphic, the details of which should be specified in the annex to this Directive. The graphic should consist of visual elements that can easily enable end-users, including end- users with disabilities, to determine before the purchase of the product whether or not a charging device is included with the radio equipment and inform them about the minimum and the maximum power required to charge the radio equipment at the maximum charging speed. The graphic should be placed in a prominent position on the end-user packaging in order to be clearly visible to end-users before the purchase, including where the purchase is made online. In the absence of a packaging, the label should be attached on the radio equipment. The information obligations should be applicable to manufacturers, importers, distributors and where applicable, authorised representatives, as long as they supply the radio equipment directly to end-users, and should be adapted accordingly in the revision of the Union framework regulating the ecodesign requirements.
Amendment 111 #
2021/0291(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Articles 40, 43 and 44 of Directive 2014/53/EU should be amended in order to adapt the references that they contain to the new provisions that are introduced by this Directive. It is important to ensure that national market surveillance authorities have adequate human, financial and technical resources to effectively enforce the new requirements inserted in Articles 3 and 3a and Article 10(8) of Directive 2014/53/EU and to avoid divergent interpretations among market surveillance authorities. During the first five years following the date of application of this Directive, it is therefore essential that the Union finance market surveillance campaigns and associated activities relating to radio equipment falling within the scope of Article 3(4), Article 3a and Article 10(8) of Directive 2014/53/EU. It is essential that Member States conduct market surveillance activities on the information obligations of economic operators, especially at the beginning of the applicability of the new rules. It is important that specific funding is provided for in relation to those activities, taking into account the fact that there are currently many unsafe chargers available on the market. Therefore, the carrying out of strong market surveillance activities about the safety of the chargers is of high importance.
Amendment 115 #
2021/0291(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to address any future developments in charging technology such as the emergence of new categories or classes of radio equipment, increase in voltage power or charging technologies and to ensure the minimum common interoperability between radio equipment and the charging devices for such radio equipment and harmonise wireless technologies, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the categories or classes of radio equipment and the specifications regarding the charging interfaces and charging communication protocols, as well as the details on the information for each of them, as well as the additional and future details on the information, graphic and labelling requirements in relation to charging. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter- institutional Agreement on Better Law- Making of 13 April 201615 . 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. __________________ 15 OJ L 123, 12.5.2016, p. 1.
Amendment 119 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
Directive 2014/53/EU
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
(aa) paragraph 3, second subparagraph, is replaced by the following: ‘The Commission shall be empowered to adopt delegated acts in accordance with Article 44 specifying which categories or classes of radio equipment are concerned by each of the requirements set out in points (a) to (i) of the first subparagraph of this paragraph. With respect to radio equipment referred to in point (a) of this paragraph, the Commission shall adopt a delegated act in accordance with Article 44, by 31 December 2027, with a view to ensuring its application by 1 January 2029, concerning the identification and the setting of harmonised standards and technical specifications, including references and descriptions, in relation to the charging receptacles and charging communication protocols, for rechargeable radio equipment, other than for the categories or classes of radio equipment, specified in Annex Ia, Part I in so far as they are capable of being recharged via wired charging.´
Amendment 123 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
Radio equipment falling within the categories or classes specified in Annex Ia, Part I shall be so constructed that it complies with the specifications on charging capabilities set out in that Annex for the relevant category or class of radio equipment.
Amendment 125 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – introductory part
Article 3 – paragraph 4 – subparagraph 2 – introductory part
With respect to radio equipment referred to in Article 3(4) capable of being recharged via wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44 to amend Part I of Annex Ia in the light of technical progress, consumer convenience, environmental benefits, degree of fragmentation of the charging interfaces and charging communication protocols and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
Amendment 128 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point a
Article 3 – paragraph 4 – subparagraph 2 – point a
(a) introducing, modifying, adding or removing categories or classes of radio equipment or power requirements;
Amendment 132 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point b
Article 3 – paragraph 4 – subparagraph 2 – point b
(b) introducing, modifying, adding or removing technical specifications, including references and descriptions, in relation to the charging receptacle(s), power requirements and charging communication protocol(s), for each category or class of radio equipment concerned.’
Amendment 137 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – introductory part
Article 3 – paragraph 4 – subparagraph 3 – introductory part
With respect to radio equipment referred to in Article 3(4) capable of being recharged via means other than wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44, by 31 December 2025, in order to amend Part I of Annex Ia in the light of technical progress, consumer convenience, environmental benefits, degree of fragmentation of the market for charging interfaces and charging communication protocols, and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
Amendment 144 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – point b
Article 3 – paragraph 4 – subparagraph 3 – point b
(b) introducing, modifying, adding or removing harmonised standards, technical specifications, including references and descriptions, in relation to charging interface(s) and charging communication protocol(s), for each category or class of radio equipment concerned.’;
Amendment 146 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 a (new)
Article 3 – paragraph 4 – subparagraph 3 a (new)
The Commission shall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards for the categories of radio equipment falling within the scope of Article 3(4). The Commission shall submit the first draft request to the relevant committee by 31 December 2025.
Amendment 148 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 b (new)
Article 3 – paragraph 4 – subparagraph 3 b (new)
The Commission may adopt implementing acts establishing technical specifications for the categories of radio equipment set out in Annex Ia to this Directive where the following conditions have been fulfilled: (a) no reference to harmonised standards is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; (b) the reference to harmonised standards is published in the Official Journal of the European Union, but the Commission determines, based on a technical assessment, that such standards do not result in consumer convenience, environmental benefits and reduced market fragmentation; and (c) either: (i) the Commission has requested one or more European standardisation organisations to draft a harmonised standard and there are undue delays in the standardisation procedure or the request has not been accepted by any European standardisation organisations; or (ii) the Commission can demonstrate that a technical specification complies with the requirements laid down in Annex II to Regulation (EU) No 1025/2012, except for the requirement that the technical specifications should have been developed by a non-profit making organisation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 45(3).
Amendment 149 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The Commission shall regularly review the requirements referred to in Article 3(4) and, where appropriate, amend the delegated acts and implementing acts adopted in accordance with this Regulation in line with technical progress, and duly taking into account consumer convenience, environmental benefits and the degree of fragmentation of the market for charging interfaces and charging communication protocols.
Amendment 153 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2014/53/EU
Article 3 a – paragraph 1
Article 3 a – paragraph 1
Where an economic operator offers to end- users the possibility to acquire radio equipment falling within the scope of Article 3(4) together with a charging device, the end-user shall alsoonly be offered the possibility to acquire the radio equipment without any charging device or cable, and to purchase the charging device and cable separately.;
Amendment 159 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – introductory part
Article 1 – paragraph 1 – point 3 – introductory part
Directive 2014/53/EU
Article 10 – paragraph 8
Article 10 – paragraph 8
(3) in Article 10(8), the following subparagraph iss are added:
Amendment 161 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3
Article 10 – paragraph 8 – subparagraph 3
Amendment 163 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3 a (new)
Article 10 – paragraph 8 – subparagraph 3 a (new)
Manufacturers, importers, distributors and where applicable, authorised representatives shall ensure that radio equipment falling within the scope of Article 3(4) are accompanied by an easily legible, accessible and understandable graphic indicating whether or not a charging device is offered together with the radio equipment in accordance with the requirements set out in Annex Ia, Part III. The graphic shall be placed in a prominent position on the end-user packaging in order to be clearly visible to end-users before the purchase, including where the purchase is made online. In the absence of a packaging, the label shall be attached to the radio equipment. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part III, by introducing, modifying, adding or removing any details to the graphic in relation to any future labelling requirements for external power supplies or charging cables or any relevant changes to Part I and II of that Annex.
Amendment 164 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3 b (new)
Article 10 – paragraph 8 – subparagraph 3 b (new)
Manufacturers, importers, distributors and, where applicable, authorised representatives shall ensure that radio equipment falling with the scope of Article 3(4) are accompanied by an easily legible, accessible and understandable label to provide information on the charging capabilities of the specific radio equipment as set out in Annex Ia, Part IV. The label shall be placed in a prominent position on the end-user packaging in order to be clearly visible to end-users before the purchase, including where the purchase is made online. In the absence of a packaging, the label shall be attached to the radio equipment. The label shall also be displayed on the instructions for use that accompany the radio equipment. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part IV, by introducing, modifying, adding or removing any details to the label in relation to any future labelling requirements for external power supplies or charging cables or any relevant changes to Parts I and II of that Annex, also taking into account the developments of the Union framework regulating the ecodesign requirements.
Amendment 165 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2014/53/EU
Article 40 – title
Article 40 – title
Procedure at national level for dealing with radio equipment presenting a risk or not in compliance with essential or information requirements;
Amendment 166 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2014/53/EU
Article 40 – paragraph 1– subparagraph 1
Article 40 – paragraph 1– subparagraph 1
(b) in paragraph 1, first subparagraph, the words ‘or does not comply with at least one of the applicable essential requirements set out in Article 3 or Article 3a or with the information requirements set out in Article 10(8)’ are added after the words ‘public interest protection covered by this Directive’;
Amendment 167 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b a (new)
Article 1 – paragraph 1 – point 5 – point b a (new)
Directive 2014/53/EU
Article 40 – paragraph 5– point b a (new)
Article 40 – paragraph 5– point b a (new)
(ba) in paragraph 5, the following point is added: ‘(ba) When carrying out market surveillance of radio equipment falling within the scope of Article 3(4), the relevant market surveillance authorities shall perform specific checks about the economic operators’ obligations of information about the charging capabilities in Article 10(8) as well as checks about compliance with the applicable safety information and interoperability requirements, in line with Regulation 2019/1020´;
Amendment 171 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2014/53/EU
Article 47 – paragraph 2 a (new)
Article 47 – paragraph 2 a (new)
(7a) in Article 47, the following paragraph is added: '2a. The Commission shall monitor and review the application of this Directive in relation to new charging technologies and report thereon to the European Parliament and to the Council by 2025 and every three years thereafter. When carrying out the review, the Commission shall in particular evaluate the requirements set out in Article 3a and Article 10(8) and the progress on drawing up relevant European standards and technical specifications necessary to ensure that portable radio equipment interworks with wireless charging technologies. The Commission shall monitor any technological developments that can affect the specifications set out in Part I of Annex Ia, such as products covered, charging speed, power requirements, energy efficiency or emergence of new standards or technologies.’
Amendment 174 #
2021/0291(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [OP please insert date – 12 months after adoption6 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 177 #
2021/0291(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
They shall apply those provisions from [OP please insert date 126 months after the end of the transposition period indicated in the preceding subparagraph].
Amendment 180 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph –1 (new)
Annex I a – Part I – paragraph –1 (new)
Categories or classes of radio equipment operating with power delivery of up to 100W falling under the scope of this Directive: – hand-held mobile phones, – tablets, e-readers, laptops, – digital cameras, – headphones, headsets, earbuds, – handheld videogame consoles, keyboards, mice, – portable speakers, smart speakers, digital radios, – smart watches, personal care devices, sport devices, – GPS/portable navigation, – electronic toys.
Amendment 184 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 1 – introductory part
Annex I a – Part I – paragraph 1 – introductory part
1. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakers,Categories or classes of portable radio equipment listed in point – 1 of this Annex in so far as they are capable of being recharged via wired charging, shall:
Amendment 193 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 2 – introductory part
Annex I a – Part I – paragraph 2 – introductory part
2. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakers,Categories or classes of portable radio equipment listed in point – 1 of this Annex in so far as they are capable of being recharged via wired charging at voltages higher thanof 5 volts or currents higher than 3 amperes or powers higher than 15 wattshigher or currents of 3 amperes or higher or powers of 15 watts or higher, shall:
Amendment 197 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 2 – point b a (new)
Annex I a – Part I – paragraph 2 – point b a (new)
(ba) enable the charging of the radio equipment via USB Power Delivery regardless of the manufacturer of the charging device.
Amendment 200 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – introductory part
Annex I a – Part II – paragraph 1 – introductory part
In the case of radio equipment falling within the scope of Article 3 (4), first subparagraph, the following information shall be indicated in printed form on the packaging or, in the absence of packaging, on a label, including in the instructions and safety information, accompanying the radio equipment with the condition that the label can be visible:
Amendment 202 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – point a
Annex I a – Part II – paragraph 1 – point a
(a) a description of the power requirements of the wired charging devices that can be used with that radio equipment, including the minimum and the maximum power required to charge the radio equipment at the maximum charging speed expressed in watts by displaying the text: “the minimum power delivered by the charger shall be equal to or higher than [xx] Watts”. "The maximum power delivered at the maximum charging speed by the charger shall not be higher than [xx] Watts". The number of watts shouldall express the minimum and the maximum power required by the radio equipment at the maximum charging speed;
Amendment 205 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – point b
Annex I a – Part II – paragraph 1 – point b
(b) a description of the specifications in relation to charging capabilities of the radio equipment, in so far as they are capable of being recharged via wired charging at voltages higher thanof 5 volts or currents higher than 3 amperes or powers higher than 15 wattshigher or currents of 3 amperes or higher or powers of 15 watts or higher, including an indication that the radio equipment supports the USB Power Delivery charging protocol by displaying the text “USB PD fast charging” and an indication of any other supported charging protocol by displaying its name in text format.
Amendment 208 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 2
Annex I a – Part II – paragraph 2
Such information shall also be provided and displayed online in case of online sales and shall be in a language and a format which can be easily understood by consumers and other end-users, including persons with disabilities, as determined by the Member State concerned, and shall be clear, understandable and intelligible.’
Amendment 210 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II a (new) – title
Annex I a – Part II a (new) – title
PART III Graphic indicating whether or not a charging device is offered together with the radio equipment
Amendment 211 #
2021/0291(COD)
Proposal for a directive
Annex
Annex
Directive 2014/53/EU
Annex I a – Part II a – paragraph 1 (new)
Annex I a – Part II a – paragraph 1 (new)
1. Charging device (external power supply device) offered with radio equipment shall be indicated in the form of the following graphic:
Amendment 212 #
2021/0291(COD)
Proposal for a directive
Annex
Annex
Directive 2014/53/EU
Annex I a – Part II a – paragraph 2 (new)
Annex I a – Part II a – paragraph 2 (new)
2. Charging device (external power supply device) not offered with radio equipment shall be indicated in the form of the following graphic:
Amendment 213 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II a – paragraph 3 (new)
Annex I a – Part II a – paragraph 3 (new)
3. The label shall be of the same colour and size respecting the proportions given in the drawings above and shall appear in the instructions for use of the specific radio equipment.
Amendment 214 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – title
Annex I a – Part II b (new) – title
PART IV Content and format of the label providing information on the charging capabilities of the radio equipment
Amendment 215 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – paragraph 1
Annex I a – Part II b (new) – paragraph 1
1. The Label shall be indicated in the following format:
Amendment 216 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – paragraph 2
Annex I a – Part II b (new) – paragraph 2
2. The letters XX after “Minimum” shall be replaced by the figure corresponding to the minimum power required by the radio equipment to charge, which defines the minimum power that a charging device should supply to charge the radio equipment. The letters XX after “Maximum” shall be replaced by the figure corresponding to the maximum power required by the radio equipment at the maximum charging speed, which defines the power that a charging device should at least supply to achieve that maximum charging speed. The abbreviation "USB PD" (USB Power delivery) shall be displayed if the radio equipment supports this charging communication protocol. "USB PD" is a protocol that negotiates the fastest delivery of current from the charger to the device without shortening the battery lifetime. The power capabilities in the label should be established as key information requirements to ensure comparability between chargers. If deemed necessary, a figure could be provided in brackets indicating the current.
Amendment 217 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – paragraph 3
Annex I a – Part II b (new) – paragraph 3
3. The label shall be of the same colour and size respecting the proportions given in the drawings above and shall appear in the instructions for use of the specific radio equipment.
Amendment 14 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks tohould replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Unioncarbon leakage mechanisms by terminating derogations from the application of the‘polluter pays principle’, while ensuring equal treatment between EU and non-EU products through equivalent carbon pricing for imports and domestic products. Free allocations and indirect cost compensation should cease to apply as of 31 December 2023.
Amendment 17 #
2021/0214(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) All revenues generated should be attributed to the Union budget as an own resource in accordance with the procedures set out in Article 311 TFEU, pursuant to Annex 2 of the Interinstitutional Agreement of 16 December 2020 , taking into account the Commission’s legislative proposal of 22 December 2021 to amend the Own Resources Decision. The amount of the revenues from CBAM flowing into the European Union’s budget shall equal the full amount of revenues from the sale of CBAM certificates. The CBAM-based own resource would thus be part of a basket of own resources whose total proceeds should be sufficient to cover the level of overall expected expenditure for the repayment costs of the principal and interests of the borrowing incurred under the Next Generation EU instrument, while respecting the principle of universality. Together with the ETS-based own resource, these two green own resources should also link the Union budget with the Union’s policy priorities, and thus add value, similarly as the proposal for the own resources based on the share of the residual profits of the largest and most profitable multinational enterprises that are allocated to EU member States following the OECD/G20 Inclusive Framework agreement. They should contribute to the climate mainstreaming objectives, tax justice and the resilience of the Union budget as a tool for investments and guarantees.
Amendment 24 #
2021/0214(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broad product coverage, it would be prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842 . Before the end of the transitional period, the Commission will present a new legislation proposal with a view to extending the scope of this Regulation to goods other than those listed in Annex I, including oil-refineries, paper, glass, plastics, and downstream products using goods covered by this Regulation. _________________ 42 Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 28 #
2021/0214(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) A transitional period should apply during the period 2023 until 20254. A CBAM without financial adjustment should apply, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
Amendment 30 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should collect information, evaluate the application of this Regulation and develop methods of calculating embedded emissions based on the environmental footprint methods before the end of the transitional period and reportsubmit a report and a legislative proposal to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities tolegislative proposal should focus on enhanceing climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well aspropose to extend the scope to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013including oil refineries, paper, glass, plastics aiming at matching the same product scope as ETS, as well as to downstream products using goods covered by the CBAM. The Report should provide an assessment of the governance system onf the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1)Regulation, it should also evaluate the risks of circumvention and fraud identified and, if appropriate, propose measures to address them.
Amendment 38 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism will progressively becomshall be an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge and compensation of indirect costs in accordance with Articles 10a and 10b of that Directive.
Amendment 52 #
2021/0214(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Revenues generated by the sale of CBAM certificates The revenues generated by the sale of CBAM certificates shall not constitute assigned revenue. This Regulation shall not prevent any revenue generated by the sale of CBAM certificates from being defined as own resources in accordance with Article 311 TFEU and entered in the Union budget as general income.
Amendment 57 #
2021/0214(COD)
Proposal for a regulation
Chapter IX – title
Chapter IX – title
IX CoordTermination with free allocation of allowances under the EU ETS
Amendment 58 #
2021/0214(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The CBAM certificates to be surrendered in accordance with Article 22 shall be adjusted to reflect the extent to which EU ETS allowances are allocated free of charge in accordance with Article 10a of Directive 2003/87/EC to instreflect the price paid by the installations producing within the Union territory and being covered by the EU ETS in accordance with Directive XXXX/XX/XX(revised EU ETS), which will provide for a termination of free allocations producing, within the Union, the goods listed in Annex I of allowances as of the date referred to in paragraph 3(d) of Article 36 of this Regulation.
Amendment 59 #
2021/0214(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point a
Article 36 – paragraph 3 – point a
(a) Articles 32 to 34 shall apply until 31 December 20254.
Amendment 60 #
2021/0214(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point b
Article 36 – paragraph 3 – point b
(b) Article 35 shall apply until 28 February 20265.
Amendment 61 #
2021/0214(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point c
Article 36 – paragraph 3 – point c
(c) Articles 5 and 17 shall apply from 1 September 20254.
Amendment 62 #
2021/0214(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point d
Article 36 – paragraph 3 – point d
(d) Articles 4, 6, 7, 8, 9, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 31 shall apply from 1 January 20265.
Amendment 15 #
2021/0211(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) The derogation from Article 10a (1) allowing eligible Member States to receive transitional free allocation for the modernisation of the energy sectors should cease on 31 December 2023. Member States concerned should be able to use allowances that have not been allocated by 31 December 2023 through the Modernisation Fund, referred to in Article 10d, where these allowances shall be transferred.
Amendment 18 #
2021/0211(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Further incentives to reduce greenhouse gas emissions by using cost- efficient techniques should be provided. To that end, the free allocation of emission allowances to stationary installations from 2026 onwards should be conditional on investm[year of entsry in techniques to increase energy efficiency and reduce emissions. Ensuring that this is focused on larger energy users would result in a substantial reductito force of the Directive] onwards should be discon tin burden for businesses with lower energy use, which may be owned by small and medium sized enterprises or micro-enterprises. [Reference to be confirmed with the revised EED]. The relevant delegated acts should be adjusted accordinglyued, switching to full auctioning of emission allowances.
Amendment 19 #
2021/0211(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbzero emissions technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’),prioritising solutions that address the root causes of high GHG, including the resources or materials used and the volumes used. renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non-CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
Amendment 21 #
2021/0211(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32 a) For the period2021-2030, the share of free allocation in the total ETS cap is set to be 43%. The free allocation of allowances disincentivises the decarbonisation of the industry and impedes the green transition. It is therefore imperative to discontinue free allocation and transition to full auctioning of emission allowances.
Amendment 37 #
2021/0211(COD)
Proposal for a directive
Recital 52
Recital 52
(52) The introduction of the carbon price in road transport and buildings should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis in vulnerable households, micro-enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding to Member States to support the European citizens most affected or at risk of energy or mobility poverty. The Social Climate Fund should be an integral part of the Union budget in order to preserve the unity of the budget and the coherence with Union policies, and to ensure that there is effective control by the budgetary authority, composed of the Parliament and the Council. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, and will be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . The Social Climate Fund should be frontloaded for the period of MFF 2021-2027 and use 100% of the ETS revenues for its financing. In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate Plans. _________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62 [Add ref to the Regulation establishing the Social Climate Fund].
Amendment 59 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – introductory part
Article 1 – paragraph 1 – point 12 – point a – introductory part
(a) paragraph 1 is amended as follows: in paragraph 1, the second sub paragraph is replaced by the following: From [date of entry into force of the amended directive], all allowances shall be auctioned.
Amendment 61 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Amendment 64 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Amendment 70 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a a (new)
Article 1 – paragraph 1 – point 14 – point a a (new)
(a a) the following Article 10 ca is inserted: “Article 10ca The derogation from Article 10a(1) allowing eligible Member States to receive transitional free allocation for the modernisation of the energy sector shall end on 31 December 2023. Member States concerned shall be able to use allowances that have not been allocated by 31 December 2023 through the Modernisation Fund, referred to in Article 10d, where these allowances shall be transferred."
Amendment 75 #
2021/0106(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) In order to ensure the dual ecological and digital transition, secure the technological resilience of the Union and achieve the objectives of the new European Green Deal, sustainability should be at the core at the European AI framework and guarantee that the development of AI is compatible with sustainable environmental resources for current and future generations, at all stages of the lifecycle of AI products; sustainability of AI should encompass sustainable data sources, power supplies and infrastructures;”
Amendment 78 #
2021/0106(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) Studies have shown that the training and use of AI has significant environmental impacts which, if they are left out of the equation, could threaten the EU’s objectives under the Green Deal. The environmental impact of AI encompasses both the critical raw material needed to design infrastructures and microprocessors, as well as the energy required by the development, training and use of an AI system. In particular, tuning, meaning the action of re-purposing or refining and AI model, was found to be even more environmentally costly than training a model in the first place. Best practices in AI sustainability should include a reasonable allocation of resources, consider potential shortages in key critical raw material and limit unnecessary data acquisition and processing.
Amendment 81 #
2021/0106(COD)
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3 c) To ensure sustainable AI, developers should report key environmental parameters such as training time and resource use, expected energy and data processing required by the use of the AI during its lifetime, and provide carbon emission reports to regulatory authorities in order to enable transparency and comparison between models. Tools for calculating emissions, like the Machine Learning Emission calculator, are already available on the market and should be built upon and systematically used as a matter of transparency requirement and reporting obligations.
Amendment 82 #
2021/0106(COD)
(3 d) Sustainable AI taskforces should be incorporated in national surveillance authorities and in Member State government and relevant national and European agencies, in order to maintain the sustainable development and use of AI.
Amendment 83 #
2021/0106(COD)
Proposal for a regulation
Recital 3 e (new)
Recital 3 e (new)
(3 e) In order to ensure the compatibility of AI development and sustainability goals, a “proportionality framework” should assess whether the training or the tuning of an AI model for a particular task is proportional to the carbon footprint and environmental impact it would have. Such a scheme should enable certain model training and development to be stopped in case the predicted environmental cost is deemed to exceed the social, environmental and economical benefit or if another non-AI solution with an equivalent level of success is available.
Amendment 104 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union climate priorities, environmental imperatives and public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety, greenhouse gas emissions, crucial environmental parameters like biodiversity or soil pollution and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any.
Amendment 193 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point v a (new)
Article 13 – paragraph 3 – point b – point v a (new)
(v a) key environmental performances during the training and expected during the using phase in the form of a multicriteria life-cycle assessment report considering the material and energy impact of the AI system.
Amendment 197 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. High-risk AI shall be designed and trained according to sustainability standards with regard to their material and energy resource consumption. The Commission shall develop a “proportionality framework” assessing whether the training or the tuning of an AI model for a particular task is proportional to the carbon footprint and environmental impact it would have. Such a scheme shall enable model training and development to be stopped in case the predicted environmental cost is deemed to exceed the social, environmental and economic demonstrated benefit or if another non-AI solution with an equivalent level of success is available.
Amendment 206 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4 a. The Commission shall develop sustainability standard requirement for AI systems and AI development practices after consultation of relevant stakeholders, including businesses, NGOs, AI and sustainability experts and academics.
Amendment 209 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 4 a (new)
Article 43 – paragraph 4 a (new)
4 a. For the purpose of environmental conformity assessment, the provider shall perform a multicriteria life-cycle assessment reporting considering the material and energy impact of the all life stages of the AI system.
Amendment 223 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a – point iii
Article 54 – paragraph 1 – point a – point iii
(iii) a high level of protection and improvement of the quality of the environment, meaning the costs of developing the AI system shall not exceed the benefit of developing it for the purpose of protecting the environment;
Amendment 226 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a a (new)
Article 54 – paragraph 1 – point a a (new)
(a a) the principle of data minimisation should be upheld, and the data acquisition and processing shall be kept to what is strictly necessary for the purpose of the AI application;
Amendment 231 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor. Other national authorities mayshall be invited to the meetings, where the issues discussed are of relevance for them. A sustainable AI taskforce comprised of independent digital sustainability experts shall be established within the board to ensure the systemic consideration and inclusion of the EU’s environmental imperatives within the regulation of AI.
Amendment 258 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 a (new)
Annex III – paragraph 1 – point 4 a (new)
4 a. Environmental impact and energy use: According to the “proportionality framework” assessing whether the training or the tuning of an AI model for a particular task is proportional to the carbon footprint and environmental impact it would have: (a) AI systems whose predicted environmental costs exceed the social, environmental and economic demonstrated benefit; or (b) AI systems where another non-AI solution with an equivalent level of success is available.
Amendment 261 #
2021/0106(COD)
Proposal for a regulation
Annex III a (new)
Annex III a (new)
Amendment 102 #
2021/0105(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Notes that it is in the public interest to harmonise the environmental standards for powering some of the relevant machinery products, such as electrical bicycles. Calls on the Commission to explore in cooperation with the manufactures the possibility of a unique charger for electrical bicycles placed on the market, with the view to ensure common health and safety requirements for charging across the EU.
Amendment 107 #
2021/0105(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Household appliances intended for domestic use which are not electrically operated furniture, audio and video equipment, information technology equipment, office machinery, low-voltage switchgear and control gear and electronic motors fall within the scope of Directive 2014/35/EU of the European Parliament and of the Council21 and should therefore be excluded from the scope of this Regulation with the exception of mechanical safety of those appliances, which should be part of this Regulation. Some of those products are progressively incorporating Wi-Fi functions, e.g. washing machines, and are therefore covered by Directive 2014/53/EU of the European Parliament and of the Council22 as radio equipment. Those products should also be excluded from the scope of this Regulation. __________________ 21 Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 35). 22 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
Amendment 130 #
2021/0105(COD)
Proposal for a regulation
Recital 76 a (new)
Recital 76 a (new)
(76a) The harmonised standards relevant to this Regulation should take into account the United Nations Convention on the Rights of Persons with Disabilities1a __________________ 1a Endorsed by "Council Decision of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities"
Amendment 133 #
2021/0105(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) lifting accessories; including lifting appliances whose speed does not exceed 0.15 m/s’;
Amendment 136 #
2021/0105(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) equipment to be used in fairgrounds or amusement parks;
Amendment 142 #
2021/0105(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 146 #
2021/0105(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) vehicles which have as their only objective the transport of goods or persons by road, air, water or rail except for machinery mounted on those vehicles;
Amendment 161 #
2021/0105(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point m – point i
Article 2 – paragraph 2 – point m – point i
(i) household appliances intended for domestic use which are not electrically operated furniture, excluding their mechanical safety;
Amendment 177 #
2021/0105(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘substantial modification’ means a modification of a machinery product, by physical or digital means after that machinery product has been placed on the market or put into service, which is not foreseen by the manufacturer and as a result of which the compliance of the machinery product with the relevant essential health and safety requirements may be affected, maintenance and repair operations by third parties are not substantial modifications;
Amendment 200 #
2021/0105(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
A machinery product shall be included in the list of high-risk machinery products in Annex I if it poses a risk to human health taking into account its design and intended purpose and foreseeable use. A machinery product shall be withdrawn from the list of high-risk machinery products in Annex I if it no longer poses such risk. The risk posed by a certain machinery product shall be established based on the combination of the probability of occurrence of harm and the severity of that harm.
Amendment 206 #
2021/0105(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point d
Article 5 – paragraph 4 – point d
(d) statistics on accidents caused by the machinery product for the preceding four years based, in particular information obtained from the Information and Communication System for Market Surveillance (ICSMS) information, safeguard clauses, Rapid Alert System (RAPEX) and the Machinery Administrative Cooperation Group reporting and the Pan-European Injury Database.
Amendment 208 #
2021/0105(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Pan-European Injury Database 1. A Pan-European Injury Database (IDB), which would cover all types of injuries involving consumer products shall be set up and coordinated by the European Commission. 2. The relevant market surveillance authorities and public authorities established by the Member States shall contribute to the establishment of the database and deliver injury data to the database, based on a common methodology, comprehensive and in accordance with European and national laws on data protection. 3. The Commission shall support the co-ordination of the collection of data from Member States and the operation of the database.
Amendment 254 #
2021/0105(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The CE marking shall be affixed visibly, legibly and indelibly to the machinery product. Where that is not possible or not warranted on account of the nature of the machinery product, it shall be affixed to the packaging and to the documents accompanying the machinery product.
Amendment 258 #
2021/0105(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Where the machinery product is not a high-risk machinery product listed in Annex I, the manufacturer or the manufacturer’s authorised representative and the person who has carried outmade a substantial modification to the machinery product shall apply one of the following conformity assessment procedures:
Amendment 260 #
2021/0105(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) EU type-examination procedure (module B) provided for in Annex VII, followed by conformity to type based onthe internal production control procedure (module CA) set out in Annex VIII;
Amendment 261 #
2021/0105(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) Conformity based on full quality assuranceEU type-examination procedure (module B) provided for in Annex VII, followed by conformity to type based on internal production control (module HC) set out in Annex IX.VIII;
Amendment 262 #
2021/0105(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b a (new)
Article 21 – paragraph 2 – point b a (new)
(ba) Conformity based on full quality assurance (module H) set out in Annex IX;
Amendment 264 #
2021/0105(COD)
Proposal for a regulation
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. Where, in assessing the compliance of machinery with the essential health and safety requirements set out in Annex III, the manufacturer has applied harmonised standards the references of which have been published in the Official Journal of the European Union, the manufacturer shall use any of the following procedures: (a) the internal production control procedure (module A) set out in Annex VI; (b) EU type-examination procedure (module B) provided for in Annex VII, followed by conformity to type based on internal production control (module C) set out in Annex VIII; (c) Conformity based on full quality assurance (module H) set out in Annex IX;
Amendment 266 #
2021/0105(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. In assessing the compliance of machinery with the health and safety requirements set out in Annex III, the manufacturer has not applied or has applied only in part harmonised standards the references of which have been published in the Official Journal of the European Union, or when harmonised standards do not exist, machinery shall be submitted with regard to those essential health and safety requirements, to either of the following procedures: (a) the internal production control procedure (module A) set out in Annex VI; (b) EU type-examination procedure (module B) provided for in Annex VII, followed by conformity to type based on internal production control (module C) set out in Annex VIII;
Amendment 326 #
Amendment 337 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.2 – point a
Annex III – Part 1 – point 1.1 – point 1.1.2 – point a
(a) A machinery product shall be designed and constructed so that it is fit for its function, and can be operated, adjusted and maintained without putting persons at risk when these operations are carried out under threasonably foreseeable conditions foreseenof use but also taking into account any reasonably foreseeable misuse thereof. The aim of protective measures shall be to eliminate any risk throughout the foreseeable lifetime of the machinery product including the phases of transport, assembly, dismantling, disabling and scrapping.
Amendment 404 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 1
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 1
Where there is a risk that operators or other persons transported by the machinery may be crushed between parts of the machinery and the surroundings should the machinery roll or tip over, in particular for machinery equipped with a protective structure referred to in section 3.4.3 or 3.4.4, the machinery shall be designed or equipped with a restraint system so as to keep the persons in their seats or in the protective structure, without restricting movements necessary for operations or movements relative to the structure caused by the suspension of the seats. Such restraint systems or provision shall have an ergonomic design and shall not be fitted if they increase the risk.
Amendment 406 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
The machine shall not be able to move when the restraint system is not active in case there is a significant risk of tipping or rolling over. A visual orand audible signal shall be provided at the driving position alerting the driver when the restraint system is not active.
Amendment 410 #
2021/0105(COD)
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
Amendment 1 #
2021/0078(BUD)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Demands from the Commission to refrain from funding the implementation of the Green digital certificate through this Draft Amending Budget No 2/2021 as long as there is no political agreement on regulation on Digital Green Certificate between the Parliament and the Council;
Amendment 1 #
2020/2217(INI)
Draft opinion
Recital 1 a (new)
Recital 1 a (new)
1a. whereas the Commission communication of 21 October 2020 entitled ‘Open source software strategy 2020-2023’ underlines the need for openness in data and software, insists that the data governance model be built on a decentralised data operating environment, taking advantages of an open data policy and collaboration opportunities in regional clusters of SMEs, research institutions, public administrations and civil society;
Amendment 28 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European values and fairness in competition; believes that citizens’industrial data could help in developing innovative green solutions and services that would benefit European consumers and companies; asks the Commission to consider how to support data altruismand incentivise data sharing in full compliance with European legislation;
Amendment 30 #
2020/2217(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the announcement of a common European data space for smart circular applications and the ambition of the Commission to develop a digital ‘product passport’ to improve traceability and access to information on a product’s origin, durability, composition, reuse, repair, dismantling possibilities and end- of-life handling; calls for these tools to be developed in close cooperation with the industry, national public authorities, civil society and relevant stakeholders;
Amendment 40 #
2020/2217(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to assess the environmental impact of data sharing and the infrastructures required to ensure a sustainable deployment of the data strategy in line with the Green Deal;
Amendment 43 #
2020/2217(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the need to create a single European data space with the aim of ensuring the free flow of non-personal data across borders and sectors; underlines the principle of the free flow of non-personal data as imperative for a single market for data, providing a level playing field for data sharing between stakeholders and provide adequate level of detailed permissions; considers that business-to- business (B2B) and business-to- government (B2G) data sharing should be voluntaryincentivised, while mandatory access to data shcould also be envisaged to remedy potential data market failures and avoid the market concentration and excesses; calls for incentivising private companies to choose an open data and cooperative model rather than a scarcity based one; insists that the dataspace created as result of Union policies should include safeguards and ban profiling and advertisement uses;
Amendment 55 #
2020/2217(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 60 #
2020/2217(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that, despite the current high carbon footprint of development, deployment and use of artificial intelligence, robotics and related technologies, including automated decisions and machine learning, those technologies can contribute to the reduction of the current environmental footprint of the ICT sector; underlines that these and other properly regulated related technologies should be critical enablers for attaining the goals of the Green Deal, the UN Sustainable Development Goals and the Paris Agreement in many different sectors and should boost the impact of policies delivering environmental protection, for example policies concerning waste reduction and environmental degradation; calls for the introduction of an EU digital sustainability index based on an analysis of product life cycles;
Amendment 69 #
2020/2217(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Stresses that an innovative and competitive data economy is built on openness; stresses in this context the need to avoid service provider or technological lock-in for public data collection processes and calls for all Union public procurement processes and funding programmes to include open data access, mandatory interoperability and portability requirements, as well as to promote the use of open-source software and hardware; calls in this context upon the Commission to introduce a ‘European interoperability pledge’;
Amendment 75 #
2020/2217(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Stresses that enabling sharing and access to essential and well-defined data sets will be key to fully unlock the potential of the Green Deal; calls on the Commission to assess which datasets are essential for the ecological transition in the context of sustainable products and services, inter alia in product manufacturing, transportation, carbon, energy and biodiversity impact, as well as their end-of life handling; calls on the Commission to consider extending the scope of the high value datasets defined in Directive (EU) 2019/1024 on Open Data to private actors;
Amendment 85 #
2020/2217(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, including codes of conduct, certification and standards, in a ‘cloud rulebook’; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid lock-in and unnecessary transaction costs, allowing users to seamlessly migrate their data via standardised interfaces to other service providers, where comparable cloud services exist, and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges.;
Amendment 95 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reminds that according to the first evaluation of Directive 96/9/EC on the legal protection of databases, the introduction of a new “sui generis right” has led to a decrease in the production of European produced databases; therefore encourages the Commission to repeal Directive 96/9/EC;
Amendment 98 #
2020/2217(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that the most efficient way of reducing bias in data based systems is by ensuring that the maximum of non-personal data is available to train them, for which it is necessary to limit any unnecessary barrier to text-and-data mining, and to facilitate cross-border uses; notes in addition that public domain or freely licensed data are often used by AI and machine learning developers when selecting training data, both for ease of access and to avoid potential infringement liability exposure, which creates a particular form of selection bias in training data, which can often lead to other forms of more harmful bias in results; emphasises the need to address remaining uncertainties related to the legal performance of text and data mining that developers may still face;
Amendment 103 #
2020/2217(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Highlights that the sharing of data should be used to enhance competition; emphasises the need for adequate safeguards against market failures on data markets; suggest that the Commission takes advantage of the review of horizontal and vertical competition guidelines to introduce new tools to counter excessive market concentration, inherent to data markets, including, inter alia ongoing monitoring for at-risk- markets and, where necessary, ex-ante regulation;
Amendment 2 #
2020/2124(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Member States to urgently agree on capital increase, both cash-in and callable in nature; calls forwelcomes the role the EIB has been playing in the economic recovery linked to the crisis caused by the Covid-19 pandemic; expects in this context for more risks to be taken in the area of green and digital innovation in order to catalyse the just and digital transitions and to stop the financing of stranded assets; expects from the Bank the immediate halt to financing of stranded assets; while acknowledging the potential crowding-out effects of the Recovery and Resilience Facility (RRF), calls on the Bank to ensure additionality of investment;
Amendment 10 #
2020/2124(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the increasing EIB support to the health sector and stresses the need to reinforce public health systems and not contribute to their privatisation; welcomes the investment the EIB is fostering in the fight against the Covid-19 pandemic, currently estimated at 770 million euros, and its active involvement in financing the development of treatments and vaccines; underlines however the dire need for transparency on this matter, and asks the EIB to fully disclose past and upcoming contracts with pharmaceutical companies.
Amendment 16 #
2020/2124(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates that all financial flows of the European Investment Bank (EIB) Group should be consistent with the goal of achieving net zero emissions by 2050 at the latest and the Union’s new climate objective for 2030; looks forward to the adoption in 2020 of an ambitious Climate Bank Roadmap 2021-25 (CBRM), which iwelcomes the adoption of the Climate Bank Roadmap 2021-25 (CBR) on 13 November 2020, and in particular welcomes tohe include a detailed strategic and operational framework with milestones and a shadow carbsion of the shadow carbon pricing mechanism; underlines however that the Roadmap's provisions alone will not be enough for the Bank to be aligned with the Paris Agreement's objectives; calls on the EIB to shorten the transition perice of at least EUR 100/tonne byod allowing non-Paris aligned projects to be approved only until the end of 20251; calls for all EIB group's financial intermediaries and corporate clients to have a decarbonisation plan in place by the end of 2021; expects a more holistic corporate-level engagement and further requirements for corporate compliance with EU climate targets; warns the EIB against potential double- standards with regards to the Roadmap implementation in and outside the EU, and calls on the EIB to apply the same level of climate ambition for all its loans1a; looks forward to the implementing document of the CBR to strengthen the ambition of the Bank. _________________ 1aEIB Group Climate Bank Roadmap 2021-2025, November 2020, point 4.61
Amendment 24 #
2020/2124(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the commitment from the EIB in the Climate Bank Roadmap to focus support on sustainable rearing and dairy industries, and in particular to address animal welfare; suggests that the EIB should refrain from investments that facilitate incentives to industrial farming expanding livestock production and which lead directly or indirectly to deforestation and land degradation; calls on the EIB to explicitely exclude the funding of practices such as battery caging and high population densities, tail-docking and routine castration of pigs, and fur farming.
Amendment 32 #
2020/2124(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expects the EIB to comply with Article 191 of the Treaty on the Functioning of the European Union by applying the precautionary principle, and to put on hold disbursement, and, if necessary, to withdraw funding, if there is evidence or a serious risk of adverse impacts; expects the EIB to conduct thorough monitoring that fully takes into account concerns expressed by concerned parties and stakeholders, in particular those pertaining to human rights violations; on climate, and/or environment, and/or local communities; calls for the suspension of funding where local authorities have notified possible violations of the relevant legislation, at least until investigations and judicial processes at national level are concluded; expects the inclusion of human rights due diligence obligation for all projects in order to prevent any abuse, unfair expropriation or violence against local populations, and demands from the Bank to take immediate and firm action once it is informed, for instance by human rights and environmental activists or whistleblowers, of the involvement of a client or beneficial owner in a human rights and environment defenders reprisal, and withdraw funding when such involvement is proven; recalls that the Commission asked the EIB to share more information on the effective application of contractual clauses enabling the EIB to halt or withdraw funding 1a and expects that the Parliament will have full access to this information; expects the EIB to conduct thorough monitoring that fully takes into account concerns expressed by concerned parties and stakeholders, in particular those pertaining to human rights violations; demands that the Bank take immediate and firm action once it is informed of the involvement of a client or beneficial owner in a human rights or environmental defenders reprisal; _________________ 1aExecutive summary of the evaluation of Decision No 466/2014/EU of the European Parliament and of the Council of 16 April 2014 granting an EU guarantee to the European Investment Bank against losses under financing operations supporting investment projects outside the Union {SWD(2019) 333 final} 13 September 2019
Amendment 38 #
2020/2124(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Expects the EIB to conduct Human Rights Impact Assessments at project level, as well as to continuously monitor the implementation of projects on the ground; calls in this regard the Bank to engage actively with local communities, and to inform them accordingly of their rights, with a special focus to implement a free, prior and informed consent, including their access to a Complaints Mechanism.
Amendment 41 #
2020/2124(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Expects the CBRM and the EIB’s revised transport lending policy not toto be faull below the standard of EU taxonomyy aligned with the Paris Agreement objectives and to complement the recently adopted CBR; calls for no new loans to be granted that hinder the decarbonisation of transport, and, in particular, no new financing to be awarded for the expansion of airports, for increased road capacity, for port expansions in Europe and related infrastructure or for the shipping of liquefied natural gas; states that the expansion and creation of special economic zones should not be subject to EIB funding; believes that more funding should be directed at low-carbon transportation, especially cycling and public transport, in particular to serve the underserved communities and localities.
Amendment 56 #
2020/2124(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the review of the EIB Environmental Social Standards and calls for a wide and inclusive public consultation; expects all projects to include more comprehensive gender and human rights dimensions and due diligence obligations; calls for the EIB to publish ‘Know Your Customer’ checks before approving any project. for all projects; welcomes the progress achieved in the implementation of the EIB Gender strategy, and looks forward to an ambitious version of the upcoming Gender Action Plan II 2021- 2024; suggests to draw on the example of the UK's development finance institution CDC Group's gender strategy and toolkit; calls on the EIB to collect gender- disaggregated data in order to assess and address gender inequality in lending; urges the EIB to assess the gender impact of projects on the ground and conduct gender impact assessments of projects, and to connect with independent experts to this end; suggests that gender mainstreaming becomes a permanent point on the EIB board’s agenda; asks the EIB to allocate more human resources in charge of Human Rights and gender equality; calls for inclusion of the Bank in the scope of the EU directive on the fight against money laundering and in particular to publish ‘Know Your Customer’ checks before approving any project; underlines the importance of independent audits to reveal any shortcomings in the application of Anti- Money Laundering standards, and asks for more transparency, especially to make public any decision made to address said shortcomings; demands that the European Court of Auditors be granted full auditing powers.
Amendment 65 #
2020/2124(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights that in 2019, 12,5% of EIB loans concerned projects outside of the EU, amounting to around a third of all EU institutions' official development assistance; recalls the Commission's statement that the EIB should better align the External Lending Mandate operations with EU policies1a. _________________ 1a Executive summary of the evaluation of Decision No 466/2014/EU of the European Parliament and of the Council of 16 April 2014 granting an EU guarantee to the European Investment Bank against losses under financing operations supporting investment projects outside the Union {SWD(2019) 333 final} 13 September 2019
Amendment 68 #
2020/2124(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls that EIB funds are public money and should always be subject to public scrutiny and accountability; regrets the lack of transparency in the use of EIB loans by the European company Volkswagen, as underlined by the European Ombudsman in its decision of 28 November 2019 which states a "serious misuse of public funds and misrepresentations by a leading European company as to their purpose"1a; calls on the EIB to apply stricter checks and due diligence in order to avoid such similar cases in the future, and more especially to disclose any relevant information related to cases of serious misuses of public funds. _________________ 1aDecision in case 805/2018/MIG on the European Investment Bank’s refusal to grant public access to documents regarding a loan to Volkswagen, 28 November 2019
Amendment 74 #
2020/2124(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Notes that the EIB has approved several loans worth hundreds of millions of euros to deploy 5G networks in European Member states; regrets however that prior to these approvals, no comprehensive study has been conducted on the environmental and health impact of the deployment of this technology.
Amendment 9 #
2020/2015(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considersing that all companies should benefit from equally efficient and effective IPR protection; calls for an analysis of the current costs to benefit from protection and in the abusive practices from patent trolls and strategic IPR litigations;
Amendment 15 #
2020/2015(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls the European Commission to ensure that data generated with public funds, when used in AI technologies also brings a public benefit in the form of compulsory open data results or conclusions of that AI processing.
Amendment 17 #
2020/2015(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for the European Commission to propose measures for data traceability, having in mind both the legality of data acquisition and the protection of consumer and fundamental rights.
Amendment 26 #
2020/2015(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of protecting IPRs, including trade secrets, in any regulatory framework for AI, in particular as regards any detailed requirements for the narrow set of applications deemed ‘high-risk’; underlines that trade secrets should never limit the ability of authorities to analyse algorithms and products, while transparency measures for consumers should always be foreseen.
Amendment 31 #
2020/2015(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that the challenge of assessing AI applications requires the development of new methods; notes, for instance, that adaptive learning systems may recalibrate following each input, making certain ex ante disclosures ineffectiverequiring ex-post as well as ex ante disclosures and proper administrative capacity for the market surveillance authorities;
Amendment 39 #
2020/2015(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that where AI applications are certified, they should demonstrate transparency, explainability and adherence to ethical standards, but notes that this aim is not necessarily achieved only, or at all, through simple disclosure of the algorithm or code; reminds that data sets are as important in this process and that discrimination and bias could be present independent of the mere code;
Amendment 41 #
2020/2015(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to consider how to assess products in a modular way or with the use of verification tools that would allow products to be adequately tested without creating risks for IPR holders due to extensive disclosure of easily replicated productat every step of their life stage and establish a comprehensive complaint mechanisms.
Amendment 43 #
2020/2015(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that intellectual property rights are a monopoly created in favour of a limited number of stakeholders in order to generate befits for the entire society and believes that the ongoing pandemic has shown that such monopolies should be always accompanied by the proper exceptions. Calls on the Commission to ensure that the future legislation will include additional IPR exceptions for emergency situations, in the interest of the public good.
Amendment 46 #
2020/2015(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission to continue analysing the legal framework and the technological developments, in order to determine if the current legal provisions properly cover the artificial intelligence technologies and respond appropriately.
Amendment 47 #
2020/2015(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Calls for the establishment of an EU body tasked with monitoring and ensuring compliance with the legal provisions of artificial intelligence technologies implementations.
Amendment 1 #
2020/2013(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that it follows from Directive (EU) 2018/958 that humans must always bear ultimate responsibility for, and remain in control of, decision-making and actions that involves risks to the achievement of public interest objectives, or might potentially harm individuals or society at large;
Amendment 8 #
2020/2013(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 18 #
2020/2013(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the principle of proportionality in international law needs to be respected and that questions of causality and liability need to be clarified to determine the extent to which the State as an actor in public international law, but also in exercising its own authority, can actually transfer that authority to with the help of systems based on AI, which have a certain autonomyle remaining accountable and subject to democratic scrutiny, notably by parliaments; considering the decisional hegemony and control of certain private actors over the development of such technologies, calls for strengthening the accountability of such private actors under international law;
Amendment 24 #
2020/2013(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges, therefore, the Member States to assess the risks related to AI- driven technologies before automating activities connected with the exercise of State authority, such as the proper administration of jusStresses the need to invest in human skills to leverage AI as supporting human decisions rather than replacing humans, by enhancing and scaling human experticse; calls on the Member States to consider the need to provide for safeguards, foreseen in Directive (EU) 2018/958, such as supervision by a qualified professional and rules on professional ethics;
Amendment 35 #
2020/2013(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that Member States and the Commission should promote AI technologies that work for people; calls on the Member States, in close cooperation with the Commission, to develop AI applications aimed at automating and facilitating e-government services, for example in the area of tax administration; underlines that explainable algorithms are, human readable and well-documented algorithms respecting the obligation for information and transparency are very important to ensure that businesses and consumers can trust in and benefit from better, non- discriminatory and reliable public services at a lowefair cost.
Amendment 45 #
2020/2013(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that AI technologies and network systems should aim towards legal certainty for citizens and consumers; therefore underlines that the conflict of laws and of jurisdictions rules should apply, while taking into account the consumer interest and the risk of forum shopping, and that the efforts to fight unjustified geo-blocking should be pursued.
Amendment 47 #
2020/2013(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that AI network systems, especially when designed for use in the military area or for matters of national security, might infringe rights or interests and cause accidents harming individuals or society as a whole, and must abide by ethical and technical standards to be determined between the competent supervisory authorities at Union and national levels but also worldwide; calls for the establishment of jurisdictional authorities competent to handle such infringements and ensure proper redress.
Amendment 48 #
2020/2013(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Recalls its resolution of 12 September 2018 on autonomous weapons systems; repeats its demand for a ban on the production, development, and use of fully autonomous weapons which enable strikes to be carried out without human intervention; urges the Commission and the Member States to launch a broad international policy dialogue aiming to establish global legal standards on and legal and ethical limitations to the development, proliferation and use of increasingly autonomous weapon systems, e.g. in the form of a binding international agreement.
Amendment 49 #
2020/2013(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls for the Union to establish a governance and market surveillance structure for AI-based systems to issue guidance, opinions and expertise to Member States’ authorities.
Amendment 14 #
2020/1998(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls its position that the 2021- 2027 MFF climate and biodiversity mainstreaming targets must go beyond the levels of targeted spending shares as set out in its interim report; aims, therefore, to achieve a biodiversity spending level of at least 10 % and a climate mainstreaming spending level of at least 30 % for 2021;
Amendment 15 #
2020/1998(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. reiterates its call on the Commission to lay down clear eligibility criteria for a new stringent and comprehensive methodology for both climate and biodiversity related expenditure, in the form of Framework Regulations ensuring that only projects meeting the relevant technical screening criteria developed under Regulation(EU) 2020/852 shall be accounted for when contributing to those spending targets, together with the corresponding corrective measures, where relevant, and the full implementation of the "do no significant harm" within the meaning of Article 17 Regulation (EU) 2020/852 to ensure that the EU fulfils its commitments under the Paris Agreement and its call for phase-out of indirect fossil fuel subsidies and a ban on direct ones in the entire EU budget;
Amendment 22 #
2020/1998(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Decides to increase to the levels set up in the MFF interim report of November 2018 the fifteen flagship programmes identified in its resolution of 23 July 2020 (Horizon Europe, InvestEU, Erasmus+, the Child Guarantee, the Just Transition Fund, Digital Europe, the Connecting Europe Facility, LIFE+, EU4health, the Integrated Border Management Fund, Creative Europe, the Right and Values programme, the European Defence Fund, the Neighbourhood, Development and International Cooperation Instrument (NDICI) and humanitarian aid, as well as relevant EU agencies and the European Public Prosecutor’s Office); decides further to base its reading on the MFF ceilings proposed by the Commission in the DB; considers that any increase for the flagship programmes should be accompanied by the corresponding rise of the ceiling of the given MFF heading; decides to reinforce funding for Parliament’s priorities inter allia in the fields of climate change, security, migration, fundamental rights and external action;
Amendment 40 #
2020/1998(BUD)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the importance of Horizon Europe in making the European Green Deal a success, and contributing to the transition towards a climate-neutral economy and society by 2050, and in supporting the digital transformation, which is vital for the Union’s future prosperity; stresses also that the COVID-19 pandemic has demonstrated the need to invest in health research; proposes therefore significantly to increase Horizon Europe, in line with its long-held position calling for an overall budget of EUR 120 billion over the 2021-2027 MFF period; considers, furthermore, that the full amount of decommitments made over the whole of the current MFF should be made available, in accordance with Article 15(3) of the Financial Regulation, to support the climate and digital transitions and health research;
Amendment 45 #
2020/1998(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the 2021 Union budget to ensure that the InvestEU Programme delivers on both its long term objective by providing more investment capacity aimed at supporting sustainable infrastructure, research, SMEs, and social investments and its new short term mission to support tha sustainable economic recovery via strategic sustainable investments;
Amendment 48 #
2020/1998(BUD)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the crucial role of the Connecting Europe Facility in fostering the development of a high-performance trans- European networks, boosting transport projects in particular the ones supporting a sustainable and cross-border mobility as well as modal shift, supporting energy projects in the shift towards a climate- neutral economy and preventing a carbon lock-in, with security of supply, and buttressing the digital transition, including the up-skilling and re-skilling of Union workers; proposes therefore major increases, in particular for the transport and energy strands to ensure that the necessary investment is made to decrease GHG emissions by 65% until 2030 and to reach carbon neutrality by 2050;
Amendment 70 #
2020/1998(BUD)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises the importance of Erasmus+ as a symbolic and one of the most successful Union programmes with strategic investment in the Union's future; recalls that insufficient funding for the Erasmus+ programme would endanger its capacity to reach its new objectives and to uphold the challenges of becoming more inclusive and ecological; decides therefore to substantially increase Erasmus+ in line with itsboth the Parliament’s position and European Commission President’s commitment position to triple its budget;
Amendment 77 #
2020/1998(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Echoes the Commission prediction that, in the context of recovery from the COVID-19 outbreak, tacklingfighting against extreme poverty, and especially child poverty will become even more important in the coming years; consequently, insists that a separate budget line under ESF+ needs to be created for the European Child Guarantee with an allocation of EUR 1 billion for the year 2021;
Amendment 84 #
2020/1998(BUD)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Deeply regrets that the Commission still has not responded to Parliament's call for a comprehensive review of the budget line for multimedia measures, particularly with regard to the framework contract with Euronews; decides to put its budgetary allocation in reserve until the Commission has answered the concerns raised by the Court of Auditors; notes however that the Court of Auditors does not point to any shortcomings on Euronews’s part in its contractual reporting duties under the current framework; regrets that such a reserve of 18 million euros endangers the financial viability of Euronews, and consequently its staff, while it is highly important that the EU supports independent and high-quality journalism on EU affairs;
Amendment 91 #
2020/1998(BUD)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Decides to reinforce the Technical Support Instrument (TSI) in order to help local, regional and national authorities and government in order to improve their capacity to design, develop and implement reforms, including through exchange of good practices, appropriate processes and methodologies and a more effective and efficient human resources management;
Amendment 93 #
2020/1998(BUD)
Motion for a resolution
Paragraph 36
Paragraph 36
36. In line with the overall priority to tackle climate change and prevent irreversible biodiversity loss, focuses substantial increases worth EUR 237 million in commitment appropriations on budget lines pertaining to LIFE+ programme; notes that this increase is intended to contribute to the main objectives such as preservation of nature and biodiversity, the circular economy and quality of life, climate change mitigation and adaptation as well as the clean energy transition; expects the Commission to warrant the necessary absorption capacity for an effective use of these additional means;
Amendment 95 #
2020/1998(BUD)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Reminds that a number of agricultural sectors have been hard hit by the COVID-19 outbreak and therefore supports targeted reinforcements on budget lines for market support measures under the European Agricultural Guarantee Fund (EAGF) which aim at mitigating the effects of the crisis caused by that outbreak especially for organic farms and small- scale farmers; expects the Letter of amendment to adjust further the level of appropriations of EAGF by taking into account the assigned revenue expected to be available in 2021 and other parameters such as the impact of the COVID pandemic on agricultural sectors;
Amendment 98 #
2020/1998(BUD)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Considers that any appropriations, especially from the CAP, shall not be used for supporting breeding or rearing of bulls used for lethal bull fighting activities.
Amendment 109 #
2020/1998(BUD)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Stresses the importance of a progressive framing of the EU’s common security and defence policy; underlines the importance of enhancing European cooperation in defence matters since it not only makes Europe and its citizens safer, but also leads to a cost reduction; calls for increased funding for the European Defence Fund in order to fully foster an innovative and competitive defence industrial base that will contribute to the much-needed strategic autonomy of the EU;
Amendment 116 #
2020/1998(BUD)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls for increased funding for military mobility with the aim of helping Member States act faster and more effectively; notes that sufficient funding is needed to support missions and operations under the common security and defence policy, including by measures such as funding dual-use transport infrastructure and simplifying diplomatic clearances and customs rules;
Amendment 133 #
2020/1998(BUD)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Points to the persistent challenges in the Union’s Eastern and Southern neighbourhood, as well as the importance of endowing the United Nations Relief and Works Agency for Palestine Refugees in the Near East with adequateincreased financial resourcessupport to allow UNRWA to continue the provision of vital services to millions of Palestine refugees in the region; recalls the importance of developing stable relations and strong cooperation between the EU and Africa and deems appropriate to dedicate sufficient financial resources to the development of this continent, which would contribute inter alia to mitigating the root causes of forced migration;
Amendment 147 #
2020/1998(BUD)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Decides not to restore, at this stage, the Council’s cuts in Heading 7, except for the needed reinforcement of the DG ENV, in order to ensure the good implementation of the Green Deal;;
Amendment 148 #
2020/1998(BUD)
Motion for a resolution
Paragraph 57 a (new)
Paragraph 57 a (new)
57 a. Deeply regrets that the Commission still has not responded to Parliament's call for full access to contracts and informations regarding theCOVID-19 vaccines-related contract covered by the DAB 8/2020; decides to put part of the budgetary allocation reserved to the special advisors in reserve until the Commission has answered the concerns raised by the EP;
Amendment 606 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(a a) refrain from delivering and displaying advertisement that is targeting or micro-targeting individuals or segments of individuals based on their behaviour, the tracking of their activities or on profiling within the meaning of Article 4(4) of Regulation (EU) 2016/679;
Amendment 609 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
Article 5 – paragraph 1 – point a b (new)
(a b) refrain from combining personal data for advertising purposes or purposes of behaviour prediction;
Amendment 163 #
2020/0340(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) This Regulation is without prejudice to Regulation (EU) 2016/679, to Directive 2002/58/EC of the European Parliament and of the Council1 and Directive (EU) 2016/680. This Regulation does not create a new legal basis for the processing of personal data. In the event of conflict between the provisions of this Regulation and Union law on the protection of personal data, the latter should prevail. Data protection authorities may be considered competent authorities for the purpose of this Regulation. Where other organisations act as competent authorities under this Regulation, it should be without prejudice to the supervisory powers of data protection authorities under Regulation (EU)2016/679. ______________ 1Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37)
Amendment 164 #
2020/0340(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) In the case of a data set composed of both personal and non-personal data, where those types of data are inextricably linked, the data set is to be considered personal data.
Amendment 166 #
2020/0340(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The idea that data that has been generated at the expense of public budgets should benefit society has been part of Union policy for a long time. Directive (EU) 2019/1024 as well as sector-specific legislation ensure that the public sector makes more of the data it produces easily available for use and re-use. However, certain categories of data (commercially confidential data, data subject to statistical confidentiality, data protected by intellectual property rights of third parties, including trade secrets and personal data not accessible on the basis of specific national or Union legislation, such as Regulation (EU) 2016/679 and Directive (EU) 2016/680) in public databases is often not made available, not even for research or innovative activities. Due to the sensitivity of this data, certain technical and legal procedural requirements must be met before they are made available, in order to ensure the respect of rights others have over such data. Such legitimate requirements are usually time- and knowledge-intensive to fulfil. This has led to the underutilisation of such data. While some Member States are setting up structures, processes and sometimes legislate to facilitate this type of re-use, this is not the case across the Union.
Amendment 167 #
2020/0340(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) There are techniques enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, or suppression and randomisation. Application of these privacy-enhancing technologies, together with comprehensive data protection approaches should ensurebe prioritised in order to ensure privacy by design and by default, permitting the safer re-use of personal data and commercially confidential business data for research, innovation and statistical purposes. In many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. There is experience at Union level with such secure processing environments that are used for research on statistical microdata on the basis of Commission Regulation (EU) 557/2013 (39 ). In general, insofar as personal data are concerned, the processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 of Regulation (EU) 2016/679. __________________ 39Commission Regulation (EU) 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 (OJ L 164, 18.6.2013, p. 16).
Amendment 173 #
2020/0340(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Public sector bodies should comply with competition law when establishing the principles for re-use of data they hold, avoiding as far as possible the conclusion of agreements, which might have as their objective or effect the creation of exclusive rights for the re-use of certain data. Such agreement should be only possible when justified and necessary for the provision of a service of general interest. This may be the case when exclusive use of the data is the only way to maximise the societal benefits of the data in question, for example where there is only one entity (which has specialised in the processing of a specific dataset) capable of delivering the service or the product which allows the public sector body to provide an advanced digital service in the general interest. Such arrangements should, however, be concluded in compliance with public procurement rules and be subject to regular review based on a market analysis in order to ascertain whether such exclusivity continues to be necessary. In addition, such arrangements should comply with the relevant State aid rules, as appropriate, and should be concluded for a limited period, which should not exceed three years. In order to ensure transparency, such exclusive agreements should be published online, regardless of a possible publication of an award of a public procurement contract.
Amendment 176 #
2020/0340(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and objectively justified, while not restricting competition. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading torequiring a disproportionate effort for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-userthis does not create meaningful risks for the rights and interests of data subjects, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis under Regulation 2016/679 allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of personal data on the basis of informed consent of data subjects or, with regard to non-personal data, on the basis of permissions of legal persons on the re-use of data pertaining to them, through the use of adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly. When transmitting the request to consent, the public sector body should ensure that the request is presented in a neutral way and that the data subject is clearly informed about the possibility to refuse such a request, risks involved in giving consent and how to subsequently easily revoke their consent.
Amendment 179 #
2020/0340(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The intellectual property rights of third parties should not be affected by this Regulation. This Regulation should neither affect the existence or ownership of intellectual property rights of public sector bodies, nor should it limit the exercise of these rights in any way beyond the boundaries set by this Regulation. The obligations imposed in accordance with this Regulation should apply only insofar as they are compatible with international agreements on the protection of intellectual property rights, in particular the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and the WIPO Copyright Treaty (WCT). Public sector bodies should, however, exercise their copyright in a way that facilitates re-use and encourages a transparent and cooperative approach to data, including by using a Creative Commons approach to licensing to data that is not already open data.
Amendment 183 #
2020/0340(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Companies and data subjects should be able to trust that the re-use of certain categories of protected data, which are held by the public sector, will take place in a manner that respects their rights and interests. Additional safeguards should thus be put in place for situations in which the re-use of such public sector data is taking place on the basis of a processing of the data outside the public sector. Such an additional safeguard could be found in the requirement that public sector bodies should take fully into accounrespect the rights and interests of natural and legal persons (in particular the protection of personal data, commercially sensitive data and the protection of intellectual property rights) in case. Particular care is needed when such data is transferred to third countries.
Amendment 187 #
2020/0340(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, it is important to protect commercially sensitive data of non- personal nature, notably trade secrets, but also non-personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage. In order to ensure the protection of fundamental rights or interests of data holders, non-personal data which is to be protected from unlawful or unauthorised access under Union or national law, and which is held by public sector bodies, should be transferred only to third-countries where appropriate safeguards for the use of data are provided. Such appropriate safeguards should be considered to exist when in that third- country there are equivalent measures in place which ensure that non-personal data benefits from a level of protection similar to that applicable by means of Union or national law in particular as regards the protection of trade secrets and the protection of intellectual property rights. To that end, the Commission may adopt implementing acts that declare that a third country provides a level of protection that is essentially equivalent to those provided by Union or national law. The assessment of the level of protection afforded in such third-country should, in particular, take into consideration the relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law concerning the access to and protection of non-personal data, any access by the public authorities of that third country to the data transferred, the existence and effective functioning of one or more independent supervisory authorities in the third country with responsibility for ensuring and enforcing compliance with the legal regime ensuring access to such data, or the third countries’ international commitments regarding the protection of data the third country concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems. The existence of effective legal remedies for data subjects and data holders, public sector bodies or data sharing providers in the third country concerned is of particular importance in the context of the transfer of non-personal data to that third country. Such safeguards should therefore include the availability of enforceable rights and of effective legal remedies.
Amendment 198 #
2020/0340(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Public sector bodies should be able to charge cost-based fees for the re-use of data but should also be able to decide to make the data available at lower or no cost, for example for certain categories of re- uses such as non-commercial re-use, or re- use by small and medium-sized enterprises, so as to incentivisfacilitate such re-use in order to stimulate research and innovation and support companies that are an important source of innovation and typically find it more difficult to collect relevant data themselves, in line with State aid rules. Such fees should be reasonable, transparent, published online and non- discriminatory.
Amendment 199 #
2020/0340(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to incentivisfacilitate the re-use of these categories of data, Member States should establish a single information point to act as the primary interface for re-users that seek to re-use such data held by the public sector bodies. It should have a cross-sector remit, and should complement, if necessary, arrangements at the sectoral level. In addition, Member States should designate, establish or facilitate the establishment of competent bodies to support the activities of public sector bodies allowing re-use of certain categories of protected data. Their tasks may include granting access to data, where mandated in sectoral Union or Member States legislation. Those competent bodies should provide support to public sector bodies with state-of-the-art techniques, including secure data processing environments, which allow data analysis in a manner that preserves the privacy of the information. Such support structure could support the data subjects and holders with management of the consent, including consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research. DataThe competent bodies should not have a supervisory function, which is reserved for supervisory authorities under Regulation (EU)2016/679. Without prejudice to the supervisory powers of data protection authorities, processing should be performed under the responsibility of the public sector body responsible for the register containing the data, who remains a data controller in the sense of Regulation (EU) 2016/679 insofar as personal data are concerned. Member States may have in place one or several competent bodies, which could act in different sectors.
Amendment 200 #
2020/0340(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Providers of data sharing services (data intermediaries) are expected to play a key role in the data economy, as a tool to facilitate the aggregation and exchange of substantial amounts of relevant data. Data intermediaries offering services that connect the different actors have the potential to contribute to the efficient pooling of data as well as to the facilitation of bilateral data sharing. Specialised data intermediaries that are independent from both data holders and data users can have a facilitating role in the emergence of new data-driven ecosystems independent from any player with a significant degree of market power. This Regulation should only cover providers of data sharing services that have as a main objective the establishment of a business, a legal and potentially also technical relation between data holders, including data subjects, on the one hand, and potential users on the other hand, and assist both parties in a transaction of data assets between the two. It should only cover services aiming at intermediating between an indefinite number of data subjects and holders and data users, excluding data sharing services that are meant to be used by a closed group of data subjects and holders and users. Providers of cloud services should be excluded, as well as service providers that obtain data from data subjects and data holders, aggregate, enrich or transform the data and licence the use of the resulting data to data users, without establishing a direct relationship between data subjects and holders and data users, for example advertisement or data brokers, data consultancies, providers of data products resulting from value added to the data by the service provider. At the same time, data sharing service providers should be allowed to make adaptations to the data exchanged, to the extent that this improves the usability of the data by the data user, where the data user desires this, such as to convert it into specific formats. In addition, services that focus on the intermediation of content, in particular on copyright- protected content, should not be covered by this Regulation. Data exchange platforms that are exclusively used by one data holder in order to enable the use of data they hold as well as platforms developed in the context of objects and devices connected to the Internet-of-Things that have as their main objective to ensure functionalities of the connected object or device and allow value added services, should not be covered by this Regulation. ‘Consolidated tape providers’ in the sense of Article 4 (1) point 53 of Directive 2014/65/EU of the European Parliament and of the Council42 as well as ‘account information service providers’ in the sense of Article 4 point 19 of Directive (EU) 2015/2366 of the European Parliament and of the Council43 should not be considered as data sharing service providers for the purposes of this Regulation. Entities which restrict their activities to facilitating use of data made available on the basis of data altruism and that operate on a not-for-profit basis should not be covered by Chapter III of this Regulation, as this activity serves objectives of general interest by increasing the volume of data available for such purposes. __________________ 42Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173/349. 43Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC.
Amendment 202 #
2020/0340(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to increase trust in such data sharing services, in particular related to the use of data and the compliance with the conditions imposed by data subjects and data holders, it is necessary to create a Union-level regulatory framework, which would set out highly harmonised requirements related to the trustworthy, open and non-discriminatory provision of such data sharing services. This will contribute to ensuring that data subjects, data holders and data users have better control over the access to and use of their data, in accordance with Union law. Both in situations where data sharing occurs in a business-to-business context and where it occurs in a business-to- consumer context, data sharing providers should offer a novel, ‘European’ way of data governance, by providing a separation in the data economy between data provision, intermediation and use. Providers of data sharing services may also make available specific technical infrastructure for the interconnection ofbetween data subjects and data holders and data users.
Amendment 203 #
2020/0340(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) A key element to bring trust and more control for data holder and data users in data sharing services is the neutrality of data sharing service providers as regards the data exchanged between data holderssubjects and data holders on the one hand and data users on the other. It is therefore necessary that data sharing service providers act only as intermediaries in the transactions, and do not use the data exchanged for any other purpose. This will also require structural separation between the data sharing service and any other services provided, so as to avoid issues of conflict of interest. This means that the data sharing service should be provided through a legal entity that is separate from the other activities of that data sharing provider. Where an actor provides other data-related services, in addition to data sharing services, the pricing and terms of services for the data sharing service should not be influenced by whether and to what degree a data holder or data user uses other data- related services from the same actor. Data sharing providers that intermediate the exchange of data between individuals as data holdersubjects and legal persons as data users should, in addition, bear fiduciary duty towards the individuals, to ensure that they act in the best interest of the data holdersubjects.
Amendment 205 #
2020/0340(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) There is a strong potential in the use of data made available voluntarily by data subjects based on their consent or, where it concerns non-personal data, made available by legal persons, for purposes of general interest. Such purposes would include healthcare, combating climate change, improving mobility, facilitating the establishment of official statistics or improving the provision of public services. Support to scientific research, including for example technological development and demonstration, fundamental research, applied research and privately funded research, shouldmay also be considered as well purposes of general interest. This Regulation aims at contributing to the emergence of pools of data made available on the basis of data altruism that have a sufficient size in order to enable data analytics and machine learning, including across borders in the Union.
Amendment 208 #
2020/0340(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Legal entities that seek to support purposes of general interest by making available relevant data based on data altruism at scale and meet certain requirements, should be able to register as ‘EU-registered Data Altruism Organisations recognised in the Union’'. This could lead to the establishment of data repositories. As registration in a Member State would be valid across the Union, and this should facilitate cross-border data use within the Union and the emergence of data pools covering several Member States. Data subjects in this respect would consent to specific purposes of data processing, but could also subsequently be asked for consent tofor data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. Legal persons could give permission to the processing of their non- personal data for a range of purposes not defined at the moment of giving the permission. The voluntary compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a general interest purpose. Such trust should result in particular from a place of establishment within the Union, as well as from the requirement that registered entities have a not-for-profit character, from transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. Further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity, oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics, effective technical means to withdraw or modify consent at any moment, based on the information obligations of data processors under Regulation (EU) 2016/679 as well as means for data subjects to stay informed about the use of data they made available.
Amendment 209 #
2020/0340(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) This Regulation is without prejudice to the establishment, organisation and functioning of entities that seek to engage in data altruism pursuant to national law. It builds on national law requirements to operate lawfully in a Member State as a not-for-profit organisation. Entities which meet the requirements in this Regulation should be able to use the title of ‘EU-registered Data Altruism Organisations recognised in the Union’'.
Amendment 210 #
2020/0340(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) EU-registered Data Altruism Organisations recognised in the Union should be able to collect relevant data directly from natural and legal persons or to process data collected by others. Typically, data altruism would rely on consent of data subjects in the sense of Article 6(1)(a) and 9(2)(a) and in compliance with requirements for lawful consent in accordance with Article 7 of Regulation (EU) 2016/679. In accordance with Regulation (EU) 2016/679, scientific research purposes can be supported by consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research or only to certain areas of research or parts of research projects. Article 5(1)(b) of Regulation (EU) 2016/679 specifies that further processing for scientific or historical research purposes or statistical purposes should, in accordance with Article 89(1) of Regulation (EU) 2016/679, not be considered to be incompatible with the initial purposes.
Amendment 212 #
2020/0340(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics), standards-setting organisations, academia and civil society, as appropriate. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board.
Amendment 216 #
2020/0340(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(2a) Union law on the protection of personal data shall apply to any personal data processed in connection with this Regulation. In particular, this Regulation shall be without prejudice to Regulation (EU) 2016/679, Directive 2002/58/EC, and Regulation (EU) 2018/1725. In the event of conflict between the provisions of this Regulation and Union law on the protection of personal data, the latter prevails. This Regulation does not create a legal basis for the processing of personal data.
Amendment 218 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) 'personal data' means personal data as defined in point (1) of Article 4 of Regulation (EU)2016/679;
Amendment 219 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
(3b) ‘consent’ means consent as defined in point (11) of Article 4 of Regulation (EU) 2016/679;
Amendment 220 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 c (new)
Article 2 – paragraph 1 – point 3 c (new)
(3c) 'data subject' means data subject as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 221 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 d (new)
Article 2 – paragraph 1 – point 3 d (new)
(3d) 'processing’ means processing as defined in point (2) of Article 4 of Regulation (EU) 2016/679.
Amendment 222 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 223 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘data sharing’ means the provision by a data holder of data to a data user for the purpose of joint or individual use of the shared data, based on voluntary agreements, or the sharing of data by a data subject, based on their consent, directly or through an intermediary;
Amendment 224 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘data altruism’ means the consent by data subjects to process personal data pertaining to them, or permissions of other data holders to allow the use of their non-personal datavoluntary data sharing by data holders, or the consent to data processing by a data subject, without seeking or receiving a reward, for purposes of general interest, such as scientific research purposes or improving public services;healthcare, combating climate change, improving mobility, facilitating the establishment of official statistics, improving public services, or scientific research purposes
Amendment 226 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘secure processing environment’ means the physical or virtual environment and organisational means to provide the opportunity to re-use data in a manner that respects data subjects’ rights under Regulation (EU) 2016/679 as well as commercial and statistical confidentiality, that ensures compliance with applicable legislation, or that allows for the operator of the secure processing environment to determine and supervise all data processing actions, including to display, storage, download, export of the data and calculation of derivative data through computational algorithms.
Amendment 230 #
2020/0340(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) Where anonymisation, aggregation, or other techniques can be applied so that the protections under paragraph 1 no longer apply, public sector bodies shall make available the data for re-use as mandated by Directive (EU) 2019/1024, without prejudice to Article 5.
Amendment 245 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) PWhere feasible and proportionate, public sector bodies mayshall impose an obligation to re-use only pre-processed data where such pre-processing aimserves to anonymizse or pseudonymise personal data or delete commercially confidential information, including trade secrets.
Amendment 253 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
(5a) Public sector bodies shall apply technical means to prevent re-users from identifying any data subject and shall require re-users to continuously assess the risk of identification and de- anonymisation, and to report to the public sector body concerned, in particular where any data breach has resulted in identification of an individual, breaches of the confidentiality, the integrity, or the security of the data have occurred, notwithstanding any reporting obligations under Union law.
Amendment 255 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
(5b) In the case of anonymised data, public sector bodies shall make a data protection impact assessment prior to granting access to the data. Where it can be reasonably assumed that, or where an impact assessment indicates that the processing or subsequent combination of data could lead to identification or de- anonymisation, the public sector body shall not allow access to, or re-use of the data.
Amendment 257 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
(6) Where the re-use of personal data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under Regulation (EU) 2016/679, the public sector body shall support entities requesting re-users in seeking valid consent of the data subjects and/or, insofar as a legal basis exists for the public sector body to collect this consent, and/or in seeking permission from the legal entitiedata holders whose rights and interests may be affected by such re-use, where it is feasible without disproportionate cost for the public sector, and where there is no reason to believe that the combination of non-personal data sets would lead to the identification of data subjects. In that task they may be assisted by the competent bodies referred to in Article 7 (1).
Amendment 259 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
(6a) Where public sector bodies make personal data available for re-use pursuant to this Article, they shall inform data subjects accordingly of this re-use and of their rights. The public sector body shall support data subjects in exercising their rights, including in relation to any re-users. In that task they may be assisted by the competent bodies referred to in Article 7 (1).
Amendment 261 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 9 – introductory part
Article 5 – paragraph 9 – introductory part
(9) The Commission may adopt implementing acts declaring that the legal, supervisory and enforcement arrangements of a third country without prejudice to Article 45 of Regulation (EU) 2016/679:
Amendment 264 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 13
Article 5 – paragraph 13
(13) Where the re-user intends to transfer non-personal data to a third country, the public sector body shall inform the data holder about the transfer of data to that third country. Data should be treated as personal if there is a foreseeable risk that the re-user may be re-identified.
Amendment 265 #
2020/0340(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) Public sector bodies which allow re-use of the categories of data referred to in Article 3 (1) may charge cost-based fees for allowing the re-use of such data.
Amendment 267 #
2020/0340(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) Any fees shall be non- discriminatory, proportionate and objectively justified and shall not restrict competition or inhibit use of data for the general interest.
Amendment 269 #
2020/0340(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) Where they apply fees, public sector bodies shall take measures to incentivisfacilitate the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes and by small and medium-sized enterprises in line with State aid rules.
Amendment 274 #
2020/0340(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
(1) In order to carry out the tasks listed in this article, Member States shall designate one or more competent bodies, which may be sectoral, to support the public sector bodies which grant access to the re-use of the categories of data referred to in Article 3 (1) in the exercise of that task.
Amendment 275 #
2020/0340(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) providing technical support by making availablto ensure a secure processing environment for providing access for the re-use of data;
Amendment 276 #
2020/0340(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) assisting the public sector bodies, where relevant, to support re-users in obtaining consent for permission by re-users for re-use for altruistic and other purposere-use of personal data, or permission from data holders in line with their specific decisions of data holders, including on the jurisdiction or jurisdictions in which the data processing is intended to take place;
Amendment 284 #
2020/0340(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) intermediation services between data subjects that seek to make their personal data available and potential data users, including making available the technical or other means to enable such services, in the exercise of the rights provided in Regulation (EU) 2016/679. The data sharing services shall not themselves process the personal data, but shall only allow data subjects to give consent to specific data users to allow the processing of personal data pertaining to them for specific purposes;
Amendment 285 #
2020/0340(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) services of data cooperatives, that is to say services supporting data subjects or one-person companies or micro, small and medium-sized enterprises, who are members of the cooperative or who confer the power to the cooperative tonamely services that enable data subjects to exercise the rights provided for in Regulation (EU) 2016/679, such as by negotiateing terms and conditions for data processing before they freely consent, inby providing support to enable the making of informed choices before consenting to data processing, and by allowing for mechanisms to exchange views on data processing purposes and conditions that would best represent the interests of data subjects or legal persons, or which enable small and medium-sized enterprises, not-for-profit or academic institutions, to collectively negotiate terms for sharing non-personal data.
Amendment 286 #
2020/0340(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
(2) This ChapterRegulation shall be without prejudice to the application of other Union and national law to providers of data sharing services, including powers of supervisory authorities to ensure compliance with applicable law, in particular as regard the protection of personal data and competition law.
Amendment 290 #
2020/0340(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
(3) A provider of data sharing services that is not established in the Union, but offers the services referred to in Article 9 (1) within the Union, shall appoint a legal representative in one of the Member States in which those services are offered. The provider shall be deemed to be under the jurisdiction of the Member State in which the legal representative is established. The representative shall be mandated by the provider of data sharing services to be addressed in addition to or instead of it by, in particular, competent authorities and data subjects and data holders, on all issues related to the service, for the purposes of ensuring compliance with this Regulation. The designation of a representative by the provider of data sharing services shall be without prejudice to legal actions which could be initiated against the provider of data sharing services themselves.
Amendment 293 #
2020/0340(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point d
Article 10 – paragraph 6 – point d
(d) a public website where information on the provider and thea full list of its activities can be found, where applicable;
Amendment 301 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
(2) the metadata generated by and collected from the provision of the data sharing service may be used only for the development of that service;
Amendment 302 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 3
Article 11 – paragraph 1 – point 3
(3) the provider shall ensure that the procedure for access to its service is fair, transparent and non-discriminatory for bothdata subjects, data holders and data users, including as regards prices;
Amendment 304 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 5
Article 11 – paragraph 1 – point 5
(5) the provider shall have procedures in place to detect, mitigate and prevent fraudulent or abusive practices in relation to access to data from parties seeking access through their services;
Amendment 306 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 6
Article 11 – paragraph 1 – point 6
(6) the provider shall ensure a reasonable continuity of provision of its services and, in the case of services which ensure storage of data, shall have sufficient guarantees in place that allow data holders and data users to obtain access to and delete their data in case of insolvency;
Amendment 307 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 6 a (new)
Article 11 – paragraph 1 – point 6 a (new)
(6a) the provider shall take reasonable measures to ensure interoperability with other data sharing services by means of commonly used, formal or informal, open standards in the sector in which the data sharing service providers operate;
Amendment 310 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 9 a (new)
Article 11 – paragraph 1 – point 9 a (new)
(9a) the provider shall have procedures in place to ensure compliance with the Union and national rules on the protection of personal data, including procedures for ensuring the exercise of data subjects’ rights. In particular, the provider shall provide the data subject with easily accessible tools allowing them a comprehensive view of how and for which specific purpose their personal data are shared by the provider;
Amendment 312 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 10
Article 11 – paragraph 1 – point 10
(10) the provider offering services to data subjects shall act in the data subjects’ best interest when facilitating the exercise of their rights, in particular by advising data subjects on potential data uses and standard terms and conditions attached to such uses and how consent and permissions can be withdrawn;
Amendment 314 #
2020/0340(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
(3) The powers of the designated competent authorities, the are without prejudice to the powers of data protection authorities, the national competition authorities, the authorities in charge of cybersecurity, and other relevant sectorial authorities. Those authorities shall exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers. In particular, for any question requiring an assessment of compliance with Regulation (EU)2016/679, and before starting any data sharing service activities related to personal data, the competent authority shall first request an opinion or decision by the competent supervisory authority established pursuant to that Regulation by which it shall be legally bound.
Amendment 322 #
2020/0340(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
(1) Each competent authority designated pursuant to Article 20 shall keep a public register of recognised data altruism organisations.
Amendment 325 #
2020/0340(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
(3) An entity registered in the register in accordance with Article 16 may refer to itself as an ‘EU-registered data altruism organisation recognised in the Union’ in its written and spoken communication.
Amendment 327 #
2020/0340(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) operate on a not-for-profit basis and be fully independent from any, both with regard to the organisation itself and with regard to its personnel, from any relevant entity that operates on a for-profit basis;
Amendment 332 #
2020/0340(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) perform the activities related to data altruism take place through a legally independent structure, separate from other activities it has undertaken.
Amendment 334 #
2020/0340(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) have adequate technical, legal and organisational measures in place to prevent transfer or access to non-personal data which does not comply with Union law;
Amendment 336 #
2020/0340(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c b (new)
Article 16 – paragraph 1 – point c b (new)
(cb) fulfil technical and operational requirements enabling the effective application of data protection standards and the exercise of data subjects’ rights pursuant to Article 16 of the Regulation (EU) 2016/679;
Amendment 337 #
2020/0340(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c c (new)
Article 16 – paragraph 1 – point c c (new)
(cc) data altruism organisations shall act in the data subjects’ best interest when facilitating the exercise of their rights, in particular by advising data subjects on potential risks, potential data uses and standard terms and conditions attached to such uses
Amendment 338 #
2020/0340(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point d
Article 17 – paragraph 4 – point d
(d) the entity’s main sources of income and start-up capital;
Amendment 340 #
2020/0340(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point f
Article 17 – paragraph 4 – point f
(f) a website where information on the entity and the activities can be found including, as a minimum, the information referred to in points (a), (b), (d), (e), (g) and (h) of this paragraph;
Amendment 341 #
2020/0340(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point h
Article 17 – paragraph 4 – point h
(h) the purposes of general interest it intends to promote when collecting data;
Amendment 342 #
2020/0340(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point h a (new)
Article 17 – paragraph 4 – point h a (new)
(ha) the nature of data to be controlled, processed, or re-used by the provider, and, in the case of personal data, an indication of the categories of personal data, and the categories of recipients of personal data;
Amendment 344 #
2020/0340(COD)
Proposal for a regulation
Article 17 – paragraph 7 a (new)
Article 17 – paragraph 7 a (new)
(7a) Where the information provided in the application indicates that sensitive data categories could be controlled, processed, or re-used, the Data Altruism Organisation shall conduct a data protection impact assessment pursuant to Article 35, and, where applicable Article 36, of Regulation(EU) 2016/679.
Amendment 348 #
2020/0340(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
(1) AnyPrior to any data processing, the entity entered in the register of recognised data altruism organisations shall inform data subjects and holders:
Amendment 350 #
2020/0340(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) about the purposes of general interest for which ithe data subject provides consent and for which the organisation permits the processing of their data by a data user in an easy-to- understand manner;
Amendment 353 #
2020/0340(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) about by whom and where any processing outside the Union is envisaged.
Amendment 358 #
2020/0340(COD)
Proposal for a regulation
Article 21 – paragraph 5 – point a
Article 21 – paragraph 5 – point a
(a) lose its right to refer to itself as an ‘EU-registered data altruism organisation recognised in the Union’ in any written and spoken communication;
Amendment 359 #
2020/0340(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
European data altruism consent forminterface
Amendment 360 #
2020/0340(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
(1) In order to facilitate the collection of data based on data altruism, the Commission may adopt implementing acts developing a European data altruism consent form. The forminterface. The interface shall allow the collection ofand revocation of free and informed consent across Member States in a uniform format. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2).
Amendment 361 #
2020/0340(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
(2) The European data altruism consent forminterface shall use a modular approach allowing customisation for specific sectors and for different purposes.
Amendment 362 #
2020/0340(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
(3) Where personal data are provided, the European data altruism consent forminterface shall ensure that data subjects are able to give consent to and withdraw consent from a specific data processing operation in compliance with the requirements of Regulation (EU) 2016/679. The interface shall provide up to date information concerning what types of data have been used, with what frequency and for what purposes by users of the data altruism organisation.
Amendment 363 #
2020/0340(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
(4) The forminterface shall include a consent form which shall be available in a manner that can be printed on paper and read by humans as well as in an electronic, machine-readable form.
Amendment 372 #
2020/0340(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
(2) Stakeholders and relevant third parties, in particular, groups representing citizens' rights, may be invited to attend meetings of the Board and to participate in its work.
Amendment 5 #
2019/2213(BUD)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regards to its resolution of 16 January 2020 on the COP151a, _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0015_EN.html
Amendment 22 #
2019/2213(BUD)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the Council of Europe defines gender budgeting as a ‘gender based assessment of budgets incorporating a gender perspective at all levels of the budgetary process and restructuring revenues and expenditures in order to promote gender equality’; whereas the purpose of gender budgeting is to promote accountability and transparency in fiscal planning, to increase gender responsive participation in the budget process, for example by undertaking steps to involve women and men equally in budget preparation, and to advance gender equality and women’s rights;
Amendment 33 #
2019/2213(BUD)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Insists that the EU budget is vital and plays a crucial role to respond to the challenges the Union is facing and reflects the degree of ambition of the Member States and the institutions;
Amendment 50 #
2019/2213(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that reducing greenhouse gas (GHG) emissions by 55 % by 2030 represents an enormous challenge, notably with regard to building insulation, developing public transport and achieving both an agricultural transition and a socially just transition; recalls additionally that the IPCC report on Global Warming of 1.5 °C underlines the need to cut carbon emissions by 65% by 2030; insists that in order to succeed in this unprecedented enterprise in only ten years, urgent action is needed, backed by a strong EU budget as of 2021;
Amendment 56 #
2019/2213(BUD)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Points out that climate and biodiversity-related expenditure must be tracked using more robust, transparent and comprehensive methodology including reformed performance indicators for defining ex-ante and ex- post tracking and accounting, which are needed in order to avoid the risk of overestimation of the allocated funds;
Amendment 57 #
2019/2213(BUD)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 106 #
2019/2213(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Reiterates that Parliament’s position for “financing the European Green Deal” was set in its resolution on the European Green Deal in which it supported the introduction of new green own resources, such as the Carbon border adjustment tax, a share of ETS revenue, a Kerosene tax and a Plastic tax and a tax on financial transactions, that correspond to the objectives of the European Green Deal and promoted and facilitated a green and socially fair transition, including the fight against climate change and the protection of the environment; and it saw the Commission’s proposals as a starting point in this regard;
Amendment 116 #
2019/2213(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers, therefore, that the whole 2021 budget must comply with the 55 % GHG emissions reduction target, as requested in its resolution of 15 January 2020 on the European Green Deal, but also aim at a 65% reduction target as recommended by the IPCC latest reports; considers that the 2021 budget should also comply and with the social commitments made by the President of the Commission, in order to send the right signals to EU citizens and businesses;
Amendment 124 #
2019/2213(BUD)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Reiterates that Parliament’s position for biodiversity was set in its resolution on COP15[1]in which it called on the Commission and the Council to set a clear spending target for biodiversity mainstreaming of at least 10 % in the MFF, in addition to the target for spending on climate mainstreaming1b; _________________ 1b https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0015_EN.html
Amendment 164 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Aims to set binding biodiversity and climate mainstreaming targets and to fix for the first to at least 10% and the latter to at least 350 % for 2021; reiterates its call on the Commission to lay down clear eligibility criteria of a stringent and comprehensive methodology for defining and tracking relevant climate and biodiversity expenditure; excepts the Commission to put forward a comprehensive and detailed proposal by July 2020 in form of a Framework Regulation; demands for the Parliament to be closely involved in the conception of such a methodology;
Amendment 181 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Demands that the planning of climate and biodiversity spending take place during the development of MFF programmes and not simply as an accountancy exercise ex-post as part of the annual budgetary procedure;
Amendment 190 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Calls on the Commission to report annually, on the basis of actual expenditure rather than estimates, to what degree the mainstreaming targets for climate and biodiversity are being met; Calls on the Commission to put forward a correction mechanism in case climate and biodiversity spending falls below the foreseen targets;
Amendment 196 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Reiterates its call for the phase-out of harmful subsidies and for coherence between all EU funds and programmes; Insists that projects and programmes which are inconsistent with the objective of limiting global warming to under 1.5oC,or with the objective of halting and reversing biodiversity loss, shall not be eligible for support under the EU budget, and shall be in line with the EU taxonomy framework for sustainable investment;
Amendment 204 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Insists that the MFF 2021-2027 exclude any direct or indirect support for fossil fuels and fossil-fuel related infrastructure, in the EU or abroad;
Amendment 205 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11 e. Calls for all infrastructure investments with an expected lifespan of more than 5 years to be in linked with the National Climate and Energy Plans, and in their planning prioritize of energy efficiency measures(Energy Efficiency First Principle) and the consideration of specific decarbonisation pathways compatible with the objective of limit global warming to under 1,5°C as well as resilience to adverse climate change impacts. Calls for the integration of all 3 scopes of GHG emissions in the mandatory cost-benefit analysis over the lifecycle of the project against the most likely baseline and the explicit consideration to avoid stranded assets;
Amendment 208 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 f (new)
Paragraph 11 f (new)
11 f. Is particularly worried that the contribution of the Common Agricultural Policy(CAP) to climate spending has been grossly overestimated and is unrealistic, as highlighted by the European Court of Auditors; reiterates its call for the CAP to be fully in line with the EU's increased climate and biodiversity ambition; Calls on the Commission to analyse to what extent the current CAP reform proposal contributes to these commitments and for it to come forward with the necessary changes to ensure that the CAP and its implementation are coherent with, and contribute to, the Union's increased climate and biodiversity ambitions;
Amendment 211 #
2019/2213(BUD)
11 g. Calls on the Commission to urgently put forward a new CAP legislative package in order to ensure that it is fully compliant with Paris Climate Agreement as its budget repensent roughly half of the climate-related spending;
Amendment 213 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 h (new)
Paragraph 11 h (new)
11 h. Reiterates that Parliament’s position for “do no harm” principle was set in its resolution on the European Green Deal1c in which, amongst other things, it welcomed the commitment by the Commission to ensure that all EU actions should help the EU achieve a sustainable future and a just transition, including the use of green budgeting tools, and to update the better regulation guidelines accordingly; _________________ 1c https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0005_EN.html
Amendment 215 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 i (new)
Paragraph 11 i (new)
11 i. Reiterates that Parliament’s position for “financing the European Green Deal” was set in its resolution on the European Green Deal in which it stressed the instrumental role of the 2021- 2027 multiannual financial framework (MFF) for the delivery of the European Green Deal and the urgent need for another quantum leap in political and financial efforts, including new budgetary appropriations, in order to achieve its objectives, as well as a just transition towards a carbon-neutral economy based on the highest social justice criteria so that no one and nowhere is left behind; and it expected the budgetary means over the next financial programming period to be commensurate with this ambition, while stressing that a reduced MFF would obviously represent a step backwards;
Amendment 217 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 j (new)
Paragraph 11 j (new)
11 j. Calls for the implementation of gender budgeting by assigning budget allocations taking into account a gender- responsive evaluation of the previous budgetary period and ensuring equal participation in the budgetary process; stresses that gender budgeting also requires linking the budget to gender equality objectives defined in each policy area, tracing spending on gender equality and ensuring agender-sensitive review of the programmes and spending to adjust them in the following period;
Amendment 220 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 k (new)
Paragraph 11 k (new)
11 k. Is convinced that any legal person who is a beneficial owner of legal entities receiving funds from the EU budget shall be prohibited from receiving any funds from the existing as well as the future European budget under the rules of this Regulation on Multinannual Financial Framework for 2021-2017, including direct agricultural payments and any disbursements, expenditures, guarantees or other benefits dealt with therein if s/he is in a clear conflict of interests as defined in Art. 61 of Financial Regulation (EU) 1046/2018;
Amendment 236 #
2019/2213(BUD)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Considers that the EU budget’s revenue side shall be seen as a tool for the achievement of EU policies; believes that new green and single market-related own resources would be complementary to the European Green Deal’s strategy for climate and environment protection and fair taxation objectives respectively;
Amendment 237 #
2019/2213(BUD)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Deplores the recurring political dramas caused by the overwhelming share of national GNI contributions in the own resources system; considers, therefore, that their share should decrease to fulfil their balancing role only;
Amendment 238 #
2019/2213(BUD)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Recalls that the European Parliament will not give its consent to the MFF without an agreement on the reform of the EU own resources system, including the introduction of a basket of new own resources; underlines, therefore, that the 2021 budget will have to be financed through new additional own resources in order to avoid damaging political consequences;
Amendment 242 #
2019/2213(BUD)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its demand for a contingency plan to protect beneficiaries and ensure continuity of funding in the event that the current MFF needs to be extended beyond 2020; demands that the Commission present such a plan without delay, includingproposing either the prolongation of the legal bases where relevant or to propose how to reallocate the new set of programmes under the extended and automatically adjusted MFF ceilings;
Amendment 1 #
2019/2204(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas well-functioning markets are created by rules and their strict implementation and assertive enforcement; whereas the same applies to the vision of a future European Defence Equipment Market (EDEM);
Amendment 10 #
2019/2204(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas there is the need to develop a comprehensive and holistic concept for a European defence equipment market which formally connects all existing fragments such as the EDIDP, PADR, EDF, PESCO, Common Position on Arms Exports, the Dual-Use Regulation, the two directives of the 2009 Defence Package and future initiatives such as common rules on security of supply;
Amendment 12 #
2019/2204(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas without inter-linkages between the different fragments and policy coherence there is the risk that the EU level adds to the existing market distortions and other highly inefficient processes and policies in the defence sector;
Amendment 13 #
2019/2204(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas, after 11 years of implementation with very little impact, and in light of the creation of EU defence funds worth nearly EUR 10 billion for the next MFF which will introduce the EU as main actor in European military R&D, it is high time to revise both directives in order to ensure their meaningful contribution to the creation of an efficient and performant European Defence Equipment Market (EDEM);
Amendment 14 #
2019/2204(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Gd. whereas there is a massive lack of data as regards the use or non-use of both directives which makes it extremely difficult for lawmakers and stakeholders to assess the impact of the directives and possible weaknesses as well as strong points;
Amendment 15 #
2019/2204(INI)
Motion for a resolution
Subheading 1
Subheading 1
Improving the functioning of the internal market for defence products through better implementation and enforcement ofthe adoption of a more assertive enforcement policy as regards the Defence Package
Amendment 20 #
2019/2204(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that there is an urgent need to question the traditional interpretation of Article 346 TFEU in light of the fact that purely national defence products do not exist anymore due to multinational supply chains, multinational collaborative defence projects and a growing importance of the EU level in military R&D;
Amendment 22 #
2019/2204(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 24 #
2019/2204(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Reminds that abolishing the government-to-government sales exemption would not mean that European governments are not allowed to, for example, procure US weapon systems in particular under the form of US Foreign Military Sales (FMS) but that European companies would have a fairer chance to present alternative technology;
Amendment 26 #
2019/2204(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes, in this regard, that the Commission should take a more proactive role in monitoring the exclusions used by the Member States in their awarding of contracts outside the scope of the Defence Procurement Directive, and should not be mainly reliant on received complaints filed by the industry; urges therefore the Commission to adopt a more assertive enforcement policy;
Amendment 45 #
2019/2204(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines that a more coherent interpretation and consistent implementation of the EU Common Position on Arms Exports is needed in order to limit fragmentation of the EU’s internal defence market and ensure the EU’s credibility as a global actor; calls for action to address any loopholes which may exist among and between the ICT directive, the Common Position and the Dual-Use Regulation; underlines the necessity for prior authorisation before re-exporting products and components, given the discrepancies in the implementation of the Common Position; behind this background, rejects the use of so called de-minimis rules for the transfer of components which exempt military technology from checks against the eight arms exports criteria up to a specifics threshold;
Amendment 46 #
2019/2204(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls for the revision of the ICT directive with the aim of integrating the eight EU criteria on arms exports which would make sure that intra-Community transfers do not undermine arms export policies towards third countries and that there is an increase in convergence between Member States;
Amendment 54 #
2019/2204(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that, in order to build a reliable and comprehensive European defence equipment market and an efficient defence sector, the Commission needs to present without further delay a comprehensive EU-wide Security of Supply regime which was asked for by the 19-20 December 2013 European Council and paragraph 21 of its conclusions but never presented by the Commission;
Amendment 60 #
2019/2204(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to be bold in enforcing the directives, including, where necessary, by making more use of infringement procedures;
Amendment 73 #
2019/2204(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Urges the Commission and the Member States to generate without delay high quality data on the implementation of both directives and to consider the creation of dedicated NACE or NC codes as their absence hinders any attempt at measuring how the structure of the European defence industry has evolved and to assess the true Europeanisation of defence value-chains;
Amendment 20 #
2019/2190(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the precautionary principle should remain the guiding principle of the EU product safety legislation allowing competent authorities to take appropriate precautionary measures in case of serious doubt;
Amendment 26 #
2019/2190(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the General Safety Product directive was adopted back in 2001 and consumers’ purchasing habits changed consequently since according to the growing e-commerce sales rates;
Amendment 28 #
2019/2190(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas according to evidence gathered by consumer organisations further to a mystery -shopping performed in 2019 on online marketplaces, about two-third of the products purchased online were non-compliant or unsafe;
Amendment 46 #
2019/2190(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes Regulation (EU) 2019/1020 on market surveillance but highlights that, with the exception of customs checks, it only applies to products subject to Union harmonisation legislation, while around one third of all products circulating in the EU are non-harmonised products; urges the Commission to update market surveillance rules, including those for and uniformize market surveillance requirements for both harmonised and non-harmonised products, and make them fit for purpose in the digital age;
Amendment 49 #
2019/2190(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out the need to adapt product safety rules to the digital world to tackle emerging risks and threats for the safety to consumers and protect their financial interests, such as privacy and security, including cybersecurity; asks the Commission to address the challenges of emerging technologies such as artificial intelligence (AI), the internet of things (IoT) and, robotics and 3D-printing in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, while avoiding duplicating legislation and other product- specific legislations such as the Toys Directive, while avoiding duplicating legislation and ensuring a consistent approach towards product safety;
Amendment 57 #
2019/2190(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that consumers' health and safety is put at risk through a very high number of dangerous products that freely circulate in the EU as safety rules on chemicals and other toxic substances in products are missing, not properly enforced ,or need to be reviewed for a stricter framework; therefore calls on the Commission to take additional regulatory measures to eliminate toxic chemicals and substances from consumer products which is a pre-condition for a safe circular economy;
Amendment 66 #
2019/2190(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is convinced that AI embedded into products can modify the naturpurpose of products throughout its life-cycle, and have an impact on their safety after they have been placed on the market, in particular as a result of updates or in the case of self-learning technology ; urges the Commission to consider whether ‘placing on the market’ as the decisive moment for the economic operator to guarantee the safety of the product is an approach still fit for purpose while continuous compliance along the lifespan of the product should be at the core of safety requirements for digital goods;
Amendment 72 #
2019/2190(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Agrees AI systems should be safe in order to be trustworthy, as outlined by the High-Level Expert Group in its Ethics Guidelines for trustworthy AI; is convinced that an EU-wide approach to AI, including a common definition but also quality-, transparency- and debiasing requirements, especially on the data sets used, is needed to avoid fragmentation of the internal market, which would undermine the trust of citizens and businesses, create legal uncertainty and weaken the EU’s economic competitiveness;
Amendment 82 #
2019/2190(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. EncouraUrges the Commission to develop measures, such as risk-basedmandatory assessment schemes and conformity assessment mechanisms as well as re-assessment procedures throughout the life-cycle of products, where they do not yet exist, to ensure the safety and security of products with embedded emerging technologies, and to provide support to SMEs to reduce the burden such measures can createensure compliance with safety rules as well as adequate support to market surveillances authorities to perform their duties;
Amendment 97 #
2019/2190(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 101 #
2019/2190(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Asks the Commission and the Member States to take account of the autonomous self-learning behaviour of AI throughout a product’s lifetime and set up mechanisms such as re-evaluation procedures to demonstrate continuous compliance with product safety rules in light of possible emerging risks; calls for human oversight and effective checks on high-risk AI products to ensure product safety;
Amendment 108 #
2019/2190(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that a regulatory framework on AI should follow a risk- based approach designed on clear and transparent criteria and set-up legal obligations according to the categories of products, based on the potential harm for the individual as well as for society at large, with increased obligations for high- risk products such as mandatory third- party conformity assessment schemes; Adds furthermore that human oversight should be the by-default option for such products;
Amendment 114 #
2019/2190(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages economic operators to integrate safety and security mechanisms in emerging technologies, including self- repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products and patching, and ensure safety throughout their lifecycle, including end-of-life;
Amendment 117 #
2019/2190(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 125 #
2019/2190(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that the lack of cybersecurity of connected devices can compromise product safety, and that this needs to be addressed in the revision of the relevant ruleby defining minimum mandatory requirements addressing privacy and security threats, including against cyberattacks, from design stage in the revision of the relevant rules, both at horizontal and sectoral levels;
Amendment 136 #
2019/2190(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to speed upHighlights that the EU Cybersecurity Act is one of the main tools to enhance cyber security at EU level but its efforts to develop a European cybersecurity certification schemebased on a voluntary certification scheme only; Calls on the Commission to come-up with a regulatory framework setting mandatory cybersecurity requirements for AI, IoT and robotics products , ands well as to create corresponding mandatory certification schemes for consumer products that can be quickly updated to adapt to current risks without hindering innovation;
Amendment 144 #
2019/2190(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that the use of third-party conformity assessment improves the safety and compliance of products with EU standards by providing independent, reliable and impartial procedures that should be reinforced, also through mandatory obligations, when reviewing the product safety legislation;
Amendment 146 #
2019/2190(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses that market surveillance activities are central in making sure that only safe products are placed on the market and that discrepancies among Member States in implementing EU market surveillance legislation are disadvantageous for consumers and businesses, resulting in an unequal playing field and different level of product safety across the internal market; Calls therefore for specific measures such as uniform rules on checks and penalties;
Amendment 156 #
2019/2190(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages Member States to increase the resources and expertise of their market surveillance authorities, to enhance cooperation and develop joint actions among them, including at cross- border level, improve the efficiency and effectiveness of checks, and properly staff custom and market surveillance authorities so as to be able to identify unsafe products, in particular from third countries, and prevent their circulation in the internal market;
Amendment 167 #
2019/2190(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission and Member States to set minimum sampling rates; and asks market surveillance authorities to carry out sector- specific mystery shopping on a regular basis at leasf products representing significant percentages of each type of products placed on the market once a year, in particular for theregular basis; Adds that particular attention should be given to product categories most notified on the Safety Gate (Rapex) and take appropriate restrictive measures in case of risk;
Amendment 170 #
2019/2190(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that environmental and sustainability requirements in product- specific legislation are also part of the EU safety framework in order to avoid that consumers are exposed to harmful and toxic substances; Calls on the Member States to dedicate additional resources to implementation and enforcement of these requirements with the support from the Commission;
Amendment 182 #
2019/2190(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that products directly purchased by consumers from non-EU economic operators must be subject to effective controls; calls on market surveillance and customs authorities to undertake adequate checks on these products;
Amendment 188 #
2019/2190(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks the Commission to cooperate with the regulatory authorities of third countries, to exchange market surveillance- related information on dangerous products with them, and to include market surveillance-related provisions in all bilateral trade agreements;
Amendment 193 #
2019/2190(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Commission to improve, at European and international level, cooperation between consumer protection, market surveillance and, customs authorities so as to enable the swift transfer of information on unsafe products;and other relevant authorities dealing with safety aspects raised by emerging technologies, such as data protection and privacy, cybersecurity so as to enable the swift transfer of information on unsafe products and coordination of enforcement measures, such as checks and penalties; `
Amendment 203 #
2019/2190(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines that access to the relevant documentation is key for market surveillances activities to perform their activities and assess the compliance of products with relevant safety rules; Stresses that for AI-embedded products and connected devices, it is essential to provide access to market surveillance authorities to software documentation, data sets and algorithmic-decision making;
Amendment 204 #
2019/2190(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Reiterates its call for funding under the MFF Single Market Programme of activities to support and strengthen market surveillance authorities in their tasks across the internal market and ensure uniform enforcement of the rules;
Amendment 212 #
2019/2190(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. WelcoStresses that consumers should be offered equally safe products whether buying online or offline and while welcoming the Product Safety Pledge7 for online marketplaces, but highlights its voluntary character that demonstrated to be not sufficient in making sure that only safe products are placed on the market; calls on the Commission to evaluate the role marketplaces could play in limproviting the detecistribution of unsafe products, and to propose mandatory rules on their responsibility, taking into account the special role of SMEsobligations and responsibility as part of the Digital Services Act, the revision of GPSD and any other relevant legislation; __________________ 7Product Safety Pledge is a voluntary commitment made by online marketplaces with respect to the safety of non-food consumer products sold online by third party sellers from June 2018.
Amendment 220 #
2019/2190(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. EncouragesCalls on online marketplaces to react as quickly as possible to notifications from Rapex, and to cooperate effectively with the Member States’ competent authorities a well as with consumer organisations when contacted by them to alert about a risk posed by a product by immediately withdrawing unsafe products, and taking measures to avoid that they reappear; asks the Commission to create guidelines forestablish obligations requiring online marketplaces on how to react effectively to unsafe products and withdraw them within the 24 hours of a notification;
Amendment 227 #
2019/2190(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks online marketplaces tothe Commission and Member States to step up market surveillance for online marketplaces by developing and putting in place appropriate tools to do so, as well as enhance their cooperation via joint activities, consult Rapex before placing products on their websites, exchange information on sellers that break the rules, take effective measures against them and their supply chain, and develop an easily accessible EU-wide tool for consumers to report unsafe products;
Amendment 232 #
2019/2190(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission and the Member States to oblige online marketplaces to create an interface with Rapex alerting them that a product has been notified in the system in order to ensure that products offered for sale are safe, and to introduce a link to Rapex on their websites so as to raise awareness about this platform;
Amendment 245 #
2019/2190(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiring online platforms to put in place effective and appropriate safeguards to tackleban the appearance of advertisements for unsafe products;
Amendment 255 #
2019/2190(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Considers that standardisation work should take into consideration sustainability aspects when developing product standards in order to prevent the use of harmful and toxic substances posing a serious risk from the design stage to maintain a high-level of safety for consumers;
Amendment 270 #
2019/2190(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Asks the Commission to evaluate how distributed ledger technology and blockchain could enhance the safety of products by improving product traceability throughout the supply chain, including through their standardisation;
Amendment 272 #
2019/2190(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Highlights that many standards do not address how men and women may be impacted in different ways by standards which might lead for certain categories of products, such as protective equipment, to discrepancies in terms of safety; Welcomes the signature by over 50 standardisation bodies of the Declaration on Gender Responsive Standards and standards development to address this gender gap; and urges the Commission to include gender-mainstreaming aspects in its standardisation work;
Amendment 275 #
2019/2190(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that consumers respond poorly to recalls, and that unsafe products continue to be used even though they have been recalled; asks the Commission to publish guidelines on recall procedures, including a check list with concrete requirements, in order to increase the number of consumers reached, while taking into account that recalls can create considerable challenges for SMEs;
Amendment 280 #
2019/2190(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Asks retailers, online marketplaces and consumer associations to play a greater role in recalls of unsafe products purchased online or offline by ensuring adequate information is available to consumersthat products are withdrawn swiftly from the online marketplace, at the latest within 24 hours, and recalled from consumers through legal obligations on adequate information and targeted contacts ;
Amendment 284 #
2019/2190(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges the Commission and the Member States to enhance cross-border exchange of best practices on recalls, to increase product registration rates so that consumers affected can be more easily identified, even for cross-border purchases, and to enable economic operators to use data - such as loyalty schemes - to reach consumers without infringing GDPR rules;
Amendment 4 #
2019/2126(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the recommendation of the European Ombudsman in case 146/2017/DR on how the European Investment Bank handled a complaint about breaches of environmental, health and safety requirements in a project it financed,
Amendment 44 #
2019/2126(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the EIB to greatly strengthen the arrangements for providing technical assistance and financial expertise to local and regional authorities before project approval, in order to improve accessibility and involve all Member States; in this regard also calls for the increase of provisioning under the MFF to be dedicated to advisory services such as the Advisory Hub, Jaspers, Elena and Fi-compass;
Amendment 46 #
2019/2126(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the EIB's timely efforts to support the projects it is financing in their implementation stage (by providing experts and support instruments and by producing preparatory studies); asks the EIB and the Commission to work together to draw up proposals for more systematic involvement of the EIB's teams in project implementation in countries which request this, particularly in areas requiring advanced expertise or which are of strategic importance to the Union, such as the fight against climate change;
Amendment 54 #
2019/2126(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regards the 10 standards laid down in the EIB’s social and environmental manual as of paramount importance and as a precondition for participation in its lending operations, including in the areas of pollution prevention and abatement, biodiversity and ecosystems, climate- related standards, cultural heritage, involuntary resettlement, rights and interests of vulnerable groups, labour standards, occupational and public health, safety and security and stakeholder engagement;
Amendment 67 #
2019/2126(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the fact that the EIB is the world's largest issuer of green bonds and welcomes the first issue of climate awareness bonds to the value of EUR 500 million, which will be dedicated to projects aimed at supporting sustainable development objectives; calls on the EIB to continue to issue these bonds;
Amendment 68 #
2019/2126(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the European Investment Fund (EIF) to be fully integrated into all EIB climate measures; calls on the EIF to give greater priority to innovation needs for the transition to a climate-neutral Europe; calls for the EIF to ensure that in all its investment it is actively engaging with investee companies on enhancing their climate-related disclosures, reducing their emissions, and steering investment towards cost- effective alternatives, (e.g. energy efficiency, or climate-proofing for resilience);
Amendment 73 #
2019/2126(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for a detailed roadmap to be drawn up in 2020 to reach the overall target of 50% climate lendingReminds, that the EIB’s climate strategy was adopted in 2015 together with EIB’s eligible sectors and eligibility criteria for climate and the Climate strategy implementation plan; asks for a review of the Implementation Strategy in 2020 for Paris Alignment, including concrete roadmap for reaching the 50% granular target by 2025,; as well as guarantees regarding thefor climate neutrality of the remaining loans,ending following an open and transparent public consultation process;
Amendment 84 #
2019/2126(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is alarmed that of the 20 largest energy lending projects in 2017, only sixeven included their carbon footprint in their environmental and social data sheets initially, while some lending that was managed through intermediaries was later reported; welcomes the decrease in the threshold for accounting in 2018, calls for stringent climate accounting in particular, especially in the economic and financial appraisal of projects for climate tracking for allocated resources and actual spending based on the Rio Marker system differentiating between mitigation and adaptation and the different sectors, calls in this regard to update the estimation of utilization rates calculations;
Amendment 85 #
2019/2126(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the new EIB carbon footprint evaluation methodology and calls for its systematic implementation, with a particular focus on marginal demand emissions and indirect emissions (‘type 3’); calls for projects to be evaluated comprehensively and not merely by means of an economic life-cycle analysis of their emissions for all projects and tested against a range of these; calls for the inclusion of fugitive emissions from gas pipelines in scope in line with the GHG protocol; calls for a full life-cycle evaluation of emissions of projects and not only economic life-cycle analysis with a view to minimise detrimental impacts and maximise benefits on climate mitigation and adaptation;
Amendment 99 #
2019/2126(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the EIB to include clauses in financing documentation requiring the beneficiary of the EIB loans to undertake to fully deliver any decarbonisation objective that may have been included in its loan application and that such clauses should provide that disbursements shall be conditional to the satisfactory performance of these undertakings and that in the case where disbursements are to be made prior to the delivery of the decarbonisation objectives including an efficient ex-post indemnity regime;
Amendment 100 #
2019/2126(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the new EIB energy lending policy and the example it sets for other bankespecially its potential to be a game changer among financial institutions, in terms of roll-on effect on other banks; welcomes that the policy covers financial intermediaries, the prioritization of energy efficiency and renewable energy, with a positive reference to energy communities and micro-grids; regrets that exceptions are applicable to the approval of certain gas projects until the end of 2021 and that support for gas projects planned for the transport of low-carbon gases is set tomight continue; calls for this policy to be reviewed in the medium term (by the start of 2022) to close the gaps in gas infrastructure to bring it in line with the European Sustainable Finance Taxonomy and the European Green Pact,on the EIB to clarify that it will not initiate any appraisal of any fossil fuel related project which had not been submitted to the bank prior to 14 November 2019 and also to issue clarifications as to how to avoid channelling funds to projects which could lock in use of fossil fuels for decades to come; calls for this policy to be regularly reviewed and constantly kept in line with the European Sustainable Finance Taxonomy, so as to avoid any lock-in into carbon-intensive assets and to stay consistent with a pathway compatible to limit global warming under 1.5°C compared to pre-industrial levels and to be consistent with the development of appropriate new external actions in the EU;
Amendment 113 #
2019/2126(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for rigorous policies to be implemented in carbon-intensive industrial sectors in which the EIB is active, such as cement, petrochemicals and steel, with a view to phasing out all ‘brown’ loans and aligning all sectoral loans, focusing on the promotion of a circular economy based on non-toxic material cycles;
Amendment 122 #
2019/2126(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the hydropower guidelines adopted in 20184 and calls for the extension of the transparency requirements to all infrastructure projects including those financed by financial intermediaries; _________________ 4EIB, ‘Environmental, Climate and Social Guidelines on Hydropower Development’, October 2019.
Amendment 148 #
2019/2126(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 168 #
2019/2126(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that around 40% of ELM operations go through financial intermediaries and asks the EIB to provide more comprehensive and more regular information on the redistribution of loans by financial intermediaries; asks the EIB to maintain its checks on loans allocated via non-local financial intermediaries; highlights, in relation to NPBIs, the importance of, on the one hand, rethinking their relationships with the EIB, the European Bank for Reconstruction and Development (EBRD) and the development banks, in order to ensure coherence between their respective mandates and, on the other hand, of strengthening their cooperation with the Commission, the EIB and national, regional and local authorities, to create more synergies between the ESI Funds and EIB financing instruments and loans, reduce administrative burdens, simplify procedures, increase administrative capacity, boost territorial development and cohesion and improve the visibility of ESI Funds and EIB financing;
Amendment 173 #
2019/2126(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Urges the EIB to adopt a comprehensive and coherent human rights strategy, which includes the risk of reprisals against human rights defenders; recommends that this strategy include the systematic and through assessment of human rights risks, including an ex-ante evaluation, and continuous monitoring on the ground and in particular should contain a protocol to avoid negative impact on human rights defenders as well as adequate responses in case it happens by, amongst others, guaranteeing effective right to access to information and requirement for a genuine and ex-ante consultation with indigenous people affected by the investment; the strategy should also include an ex-ante evaluation, and continuous monitoring on the ground, in collaboration with affected communities, human rights defenders and independent civil society organisations; calls on the EIB to include in its contracts clauses allowing for the suspension of disbursements in the case of serious violations of human rights or environmental and social standards; and to ensure that complaints mechanisms are easily accessible even for remote, marginalised communities, and are timely and effective;
Amendment 180 #
2019/2126(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
Amendment 184 #
2019/2126(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that the same principles of accountability and transparency should apply to all EU bodies7; insists that the heightened economic role of the EIB Group, the increase in its investment capacity and use of the EU budget to guarantee its operations must go hand in hand with increased transparency and responsibility; _________________ 7As recalled by the European Court of Auditors in 2018.
Amendment 188 #
2019/2126(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the fact that, as recommended in the latest Parliament reports, public summaries are now to be made of Management Board meetings; stresses the need to publish the content of meetings of all the EIB’s governing bodies systematically, including the annual meeting of the Council of Governors and the meetings of the Management Committee;
Amendment 208 #
2019/2126(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Expects the EIB to adapt its internal policies to take account of the new legal framework put in place to combat not only tax fraud but also tax evasion; Encourages the EIB to workcooperation by the EIB with the European Anti- Fraud Office (OLAF) and national authorities to prevent fraud and money laundering, and to ensure that; calls on the European Public Prosecutor to takes a proactive interest in the EIB’s activities by investigating, prosecuting and bringing to justice perpetrators of criminal offences affecting the EU's financial interests via the EIB's operations;
Amendment 222 #
2019/2126(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Asks the President of the EIB to present this Resolution to the Directors and Governors of the EIB and calls for it to be debated in the Management Committee;
Amendment 33 #
2018/0135(CNS)
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1a) The Decision on the System of Own Resources, furthermore, provides the legal basis for the Commission to borrow funds on the capital markets in order to finance expenditure in the framework of the Next Generation EU Recovery Package. The related costs of the principal and interest of the repayments must be re-financed over and above the MFF ceilings and entirely located in the extraordinary and temporary increase of the own resources ceiling (article 3c) in a pre-defined time frame depending on the maturities of the bonds issued and the debt repayment strategy. Such costs should not lead to any increases in national contributions. Therefore, such costs should be entirely covered by the income from genuine new Own Resources. Any amounts generated by such new Own Resources beyond what is necessary to cover the repayment obligations in a given year should flow to the Union budget as general revenue. Any new Own Resources should continue to fund the Union budget as general revenue after the end of the repayment plan.
Amendment 39 #
2018/0135(CNS)
Proposal for a decision
Recital 1 b (new)
Recital 1 b (new)
(1b) The new categories of Own Resources should be introduced in sufficient time for their proceeds to be available when the interest and repayment obligations occur. The proceeds from those Own Resources should be sufficient to cover entirely the costs of the principal and interest of the repayments and other related costs in their entirety and to reduce the GNI-based own resources to 40% by the end of the MFF 2021-2027. The new Own Resources should be aligned with Union policy objectives and support the European Green Deal as well as the functioning of the Single Market and efforts to improve the effectiveness of corporate taxation. The European Parliament, in its MFF-Own Resources Interim Report of November 2018, has already endorsed a possible basket of new Own Resources that display such characteristics, which should be enlarged to other options such as an EU-wide kerosene tax.
Amendment 56 #
2018/0135(CNS)
Proposal for a decision
Recital 6
Recital 6
(6) In order to finance entirely the costs of principal and interest of the repayments of the European Recovery Instrument, in order to better align the Union's financing instruments with its policy priorities, to better reflect the Union's budget role for the functioning of the Single Market, to better support the objectives of Union policies and to reduce to 40% the share of the Member States' Gross National Income- based contributions to the Union's annual budget, it is necessary to introduce new categories of Own Resources based, on the Common Consolidated Corporate Tax Base, the national revenue stemming from the European Union Emissions Trading System and a national contribution calculated on the basis of non-recycled plastic packaging waste. Moreover, new Own Resources based on a Carbon Border Adjustment Mechanism, a digital services tax, the Financial Transaction Tax and an EU-wide kerosene tax should be introduced to this end as soon as the underlying legal conditions are in place. Or. en (NOTE: the text comes from COM(2018)0325)
Amendment 82 #
2018/0135(CNS)
Proposal for a decision
Recital 9 a (new)
Recital 9 a (new)
(9a) Rebates and other correction mechanisms should be abolished. Should the need arise, any rebates would have to be granted in the form of temporary lump sum reductions on a Member State’s GNI-based contribution for a limited phasing out period and in no case longer than 5 years;
Amendment 115 #
2018/0135(CNS)
Proposal for a decision
Article 2 – paragraph 1 – subparagraph 1 – point e a (new)
Article 2 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) the revenue generated by a EU- wide Kerosene tax pursuant to Commission proposal [.../...]; the actual call rate shall not exceed 100 %;
Amendment 118 #
2018/0135(CNS)
Proposal for a decision
Article 2 – paragraph 1 – subparagraph 1 – point e b (new)
Article 2 – paragraph 1 – subparagraph 1 – point e b (new)
(eb) the revenue generated by a EU- wide capital tax for people having a personal capital higher than EUR 2 million pursuant to Commission proposal […/…]; the actual call rate shall not exceed 100%;
Amendment 131 #
2018/0135(CNS)
Proposal for a decision
Article 2 – paragraph 1 – subparagraph 4
Article 2 – paragraph 1 – subparagraph 4
Amendment 136 #
2018/0135(CNS)
Proposal for a decision
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. The European Parliament and the Council, in close cooperation with the Commission, shall establish a legally binding calendar for the introduction of new Own Resources, without prejudice to other proposals, by 1 January 2026, corresponding to the end of all rebates and corrective mechanisms, at the latest, the revenues from which shall be sufficient to cover the repayment of the borrowing costs implied by the borrowing capacity established under Article 3b and reduce to 40% the share of the GNI-based own resources to the EU budget; The Commission shall make the appropriate legislative proposals to this end. The proceeds from a basket of new Own Resources shall enter the Union budget as of 1 January 2021. The mid- revision of the MFF 2021-2027 [MFF regulation ..../....] shall be used, amongst other things, to adapt and, if necessary, adopt new legislation in order to reach the objectives set out in the paragraph 1.
Amendment 141 #
2018/0135(CNS)
Proposal for a decision
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The Commission shall examine other potential revenues to constitute new own resources, without any prejudice to the ones listed in paragraph 1, and communicate to the Council and the Parliament its assessments. Should the Council or the Parliament suggest a revenue to be an own resource, the Commission shall examine and assess the suggestion.
Amendment 147 #
2018/0135(CNS)
Proposal for a decision
Article 3 c
Article 3 c
The amounts established in Article 3(1) and (2), respectively, shall be temporarily increased by 0,6 percentage points for the sole purpose of covering all liabilities of the Union resulting from its borrowing referred to in Article 3b until all these liabilities have ceased to exist, and at the latest until 31 December 2058. Those increased amounts shall be calculated over and above the MFF ceilings and include all related costs of the principal and interests of the repayments of the European Recovery Instrument and shall not be used for paying any other liabilities of the Union. Or. en (NOTE: the text comes from COM(2020)0445)
Amendment 7 #
2018/0131(NLE)
Proposal for a regulation
Recital 3
Recital 3
(3) Member States should put at the disposal of the Commission the documents and information necessary for the Commission to exercise the power conferred upon it as regards the own resources of the Union. In particular, Member States should send periodic statements relating to the own resource based on non-recycled plastic packaging waste to the Commission. The Commission should forward those documents to the European Parliament.
Amendment 8 #
2018/0131(NLE)
Proposal for a regulation
Recital 4
Recital 4
(4) Member States should be able at all times to provide the Commission with the documents substantiating the amount of the own resource based on non-recycled plastic packaging waste that was calculated. The Commission should then forward those documents to the European Parliament.
Amendment 9 #
2018/0131(NLE)
Proposal for a regulation
Recital 6
Recital 6
Amendment 11 #
2018/0131(NLE)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 13 #
2018/0131(NLE)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The Commission shall adopt implementingdelegated acts establishing forms for the statements relating to the own resource based on non-recycled plastic packaging waste, referred to in paragraph 5 of this Article. Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 14(2).
Amendment 14 #
2018/0131(NLE)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Commission may adopt implementingdelegated acts further specifying the procedure for the review referred to in paragraph 4 of this Article. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 14(3).