BETA

85 Amendments of Elżbieta RAFALSKA related to 2021/0293(COD)

Amendment 21 #
Proposal for a decision
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 transiformation. The Union way for the digital transformation of economy and society should encompass digital sovereignty, inclusion, equality, sustainability, resilience, security, improving quality of life and availability of benefits and services, 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.
2022/03/11
Committee: EMPL
Amendment 24 #
Proposal for a decision
Recital 2
(2) In its statement of 25 March 2021, the European Council considered the Digital Compass Communication as a step towards charting Europe’s digital development for the next decade and confirmed the vision there set, including the idea of a Policy Programme with a robust governance structure and a framework to facilitate the implementation of multi-country projects that are necessary for Europe’s digital transiformation in critical areas. It also invited the Commission to widen the European Union’s policy toolbox for digital transformation, both at the European Union and national level, and to use all available instruments from industrial, trade and competition policy, skills and education, research and innovation policy and long- term funding instruments to facilitate the digital transformation.
2022/03/11
Committee: EMPL
Amendment 26 #
Proposal for a decision
Recital 3
(3) As outlined in the Commission’s Communication updating the 2020 new industrial strategy32 , it is necessary for the European Union to identify systems of critical technologies and strategic sectors, to address strategic weaknesses and high- risk dependencies which could lead to supply shortages or cybersecurity risks, and to foster digital transiformation. This underlines the importance for Member States to join forces and to support industry’s efforts to address these dependencies and to develop strategic capacity needs. This also responds to the analysis in the 2021 Strategic Foresight Report33 . In the framework of the Recovery and Resilience Facility and the preparation of national recovery and resilience plans, the Commission encouraged Member States to coordinate their efforts in favour of Multi-Country Projects in the digital area. This experience highlighted the need for the Commission to support coordination efforts by Member States, and for the Union to dispose of implementation mechanisms that facilitate joint investments, in order for Multi- Country Projects to materialise. In conjunction with other Commission’s initiatives such as the Observatory for Critical Technologies34 , a governance structure implementing the Digital Compass Communication should be established and should help to identify the Union’s current and possible future digital strategic dependencies and contribute to strengthening its digital sovereignty. _________________ 32 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions updating the 2020 new industrial strategy: Building a stronger Single Market for Europe’s recovery”, 5.5.2021 COM(2021) 350 final. 33 COM(2021) 750 final of 8.9.2021 – “2021 Strategic Foresight Report - The EU’s capacity and freedom to act”. 34 Action Plan on synergies between civil, defence and space industries, 22.02.2021, COM(2021) 70 final, Action 4.
2022/03/11
Committee: EMPL
Amendment 30 #
Proposal for a decision
Recital 4
(4) The Commission’s Communication on the European Green Deal35 emphasised that Europe should leverage the potential of the digital transformation, which is a key 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 environment. Digitalisation also presents new opportunities for distance monitoring of air and water pollution, or 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, and contribute to just transition, a sustainable circular and climate-neutral economy and society, as well as to combating energy poverty in line with the European Green Deal. _________________ 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.
2022/03/11
Committee: EMPL
Amendment 31 #
Proposal for a decision
Recital 4
(4) The Commission’s Communication on the European Green Deal35 emphasised that Europe should leverage the potential of the digital transformation, which is a key 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 environment. Digitalisation also presents new opportunities for sustainable transport as well as for distance monitoring of air and water pollution, or 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, and contribute to a sustainable circular and climate-neutral economy and society in line with the European Green Deal. _________________ 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.
2022/03/11
Committee: EMPL
Amendment 34 #
Proposal for a decision
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 transiformation 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 society. _________________ 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).
2022/03/11
Committee: EMPL
Amendment 45 #
Proposal for a decision
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 essential enabler for taking advantage of the benefits of digitisation, for further technological developments 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 to address digital exclusion, equal access to education or teleworking. These challenges were particularly highlighted during the COVID-19 pandemic. 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 final.
2022/03/11
Committee: EMPL
Amendment 48 #
Proposal for a decision
Recital 7
(7) Digital skills, basic and advanced, as well as other skills in the domains of Science, Technology, Engineering and Mathematics (STEM), 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 essential enabler for taking advantage of the benefits of digitisation, for further technological developments 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 final.
2022/03/11
Committee: EMPL
Amendment 50 #
Proposal for a decision
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 all people can lifelong 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 essential enabler for taking advantage of the benefits of digitisation, for further technological developments 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 final.
2022/03/11
Committee: EMPL
Amendment 52 #
Proposal for a decision
Recital 7 a (new)
(7 a) The dynamics of economic and demographic change make it even more important to implement innovative solutions in the areas of vocational education, higher education, lifelong learning, fostering resilience and professional development, and digital and green transformation. Digital transformation will not succeed without adequate investment in building and developing digital skills from an early age. Therefore, at the heart of digital transformation should be, on the one hand, the youngest citizens, who should have the opportunity to acquire digital skills in early childhood and develop them further in their education, and, on the other hand, the elderly and those at risk of digital exclusion, for whom a lack of appropriate equipment and/or skills is a major barrier to access the latest technologies and sometimes even basic services.
2022/03/11
Committee: EMPL
Amendment 60 #
Proposal for a decision
Recital 8
(8) Beyond enablers, all the above mentioned technologies will be at the core of new products, new manufacturing processes and new business models based on fair sharing of data in the data economy. The successful 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 and to skilfully prepare their workforce for the new reality.
2022/03/11
Committee: EMPL
Amendment 70 #
Proposal for a decision
Recital 9
(9) Democratic life and public services will also crucially depend on 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. It should be borne in mind, however, that not all areas of economic and social life need to be 100% digitised and fundamental rights may require accessibility of certain services not only in a digital way. This also applies to citizens who, for various reasons, remain digitally excluded.
2022/03/11
Committee: EMPL
Amendment 83 #
Proposal for a decision
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 abiennuial 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 targets, even if their effects have not yet materialised.
2022/03/11
Committee: EMPL
Amendment 86 #
Proposal for a decision
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. 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 abiennuial cycle of cooperation, Member States could propose adjustments to their national Digital Decade strategic roadmaps to take into account the evolution of the digital transiformation at Union and national level and to respond, in particular, to the Commission recommended policies, measures and actions.
2022/03/11
Committee: EMPL
Amendment 87 #
Proposal for a decision
Recital 21
(21) The timely availability of and access to radio spectrum are key for reaching the connectivity targets of the “Path to the Digital Decade”. In this context, the Member States and spectrum users require predictability and certainty and at the same time flexibility (based on the evolving needs) for the planning of milestones for spectrum availability. Particularly under the fast evolving digital and green transformation process, early information about a future spectrum availability and input on setting any milestones from key stakeholders (such as public authorities, industry and users) would increase legal certainty and investment predictability.deleted
2022/03/11
Committee: EMPL
Amendment 88 #
Proposal for a decision
Recital 22
(22) Since spectrum is essential to achieve the digital targets, and in particular a secure, performant and sustainable digital infrastructure, Member States should also report on their adopted and future policies and measures regarding the availability and possibility to use radio spectrum for existing users and prospective investors and operators. Without prejudice to the possibility for the Commission to propose new strategic spectrum policy orientations or mechanisms under Article 4 (4) of Directive (EU) 2018/1972 of the European Parliament and of the Council43 appropriate guidance could be provided by the Commission in that regard in order to meet the general objectives and digital targets laid down in this Decision. _________________ 43 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).deleted
2022/03/11
Committee: EMPL
Amendment 90 #
Proposal for a decision
Recital 24
(24) The cooperation should subsequently be structured within an abiennuial cycle. The timing of the abiennuial cooperation should take into account the need to reflect the results of the cooperation thus far, as well as measures, action and adjustments to the national Digital Decade strategic roadmaps proposed in the report of the following year.
2022/03/11
Committee: EMPL
Amendment 116 #
Proposal for a decision
Recital 34
(34) The Commission should be able to establish, upon Member States’ application, and where it considers it appropriate, in particular in the situations where there is no alternative suitable implementation mechanism, a European Digital Infrastructure Consortium (‘EDIC’) to implement that Multi- Country Project.deleted
2022/03/11
Committee: EMPL
Amendment 118 #
Proposal for a decision
Recital 35
(35) In order to ensure uniform conditions for the implementation of this Decision implementing powers should be conferred on the Commission as regards the key performance indicators and for setting up the EDIC. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council45 , _________________ 45 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted
2022/03/11
Committee: EMPL
Amendment 122 #
Proposal for a decision
Article 2 – paragraph 1 – introductory part
The Union institutions and the Member States shall cooperate to support and achieve the following general objectives of the Union:
2022/03/11
Committee: EMPL
Amendment 129 #
Proposal for a decision
Article 2 – paragraph 1 – point a
(a) promote a human-centered, inclusive, secure, accessible, and open digital environment where digital technologies and services respect and enhance Union principles and values;
2022/03/11
Committee: EMPL
Amendment 142 #
Proposal for a decision
Article 2 – paragraph 1 – point b
(b) reinforce Member States’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and training systems, with a special focus on early childhood and school education, vocational training and lifelong learning and skills development for workers;
2022/03/11
Committee: EMPL
Amendment 158 #
Proposal for a decision
Article 2 – paragraph 1 – point d
(d) promote the deployment and the use of digital capabilities giving access to digital technologies and data on easy 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 as well as start-ups;
2022/03/11
Committee: EMPL
Amendment 166 #
Proposal for a decision
Article 2 – paragraph 1 – point e
(e) ensure that democratic life, public services, education, and health and care services are accessible online for everyone, in particular disadvantaged groups including persons with disabilities and the older people, offering inclusive, efficient and personalised services and tools with high security and privacy standards;
2022/03/11
Committee: EMPL
Amendment 170 #
Proposal for a decision
Article 2 – paragraph 1 – point e a (new)
(e a) ensure that no citizen is excluded from democratic life and denied access to education, health and care services due to a lack of adequate digital infrastructure or skills;
2022/03/11
Committee: EMPL
Amendment 179 #
Proposal for a decision
Article 2 – paragraph 1 – point h
(h) ensure that all policies and programmes which are relevant to the achievement of the digital targets, are taken into account in a coordinated and coherent way to fully contribute to the digital transiformation.
2022/03/11
Committee: EMPL
Amendment 184 #
Proposal for a decision
Article 3 – paragraph 1 – point 4
(4) ‘peer review’ means a review mechanism whereby Member States may comment on specific aspects of the policies, measures and actions proposed by a given Member States, and in particular on their suitability to contribute to achieving a specific target of the digital targets set out in Article 4, in the context of the abiennuial cooperation established in Article 8 and which can serve to exchange best practices;
2022/03/11
Committee: EMPL
Amendment 207 #
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point a – introductory part
(a) at least 75% of Union enterprises have taken upmonitoring the use by Union enterprises of the following tools:
2022/03/11
Committee: EMPL
Amendment 217 #
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point a
(a) 100% online accessible provision of key public serviceskey public services accessible both online and in person for Union citizens and businesses;
2022/03/11
Committee: EMPL
Amendment 221 #
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b
(b) 100% of Union citizens have possibility to access to their medical records (electronic health records (EHR));
2022/03/11
Committee: EMPL
Amendment 224 #
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c
(c) at least 8100% of Union citizens may enjoy the right to use a digital identification (ID) solution.
2022/03/11
Committee: EMPL
Amendment 228 #
Proposal for a decision
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. 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).
2022/03/11
Committee: EMPL
Amendment 230 #
Proposal for a decision
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 transiformation and of the degree of achievement of the digital targets set out in Article 4. 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).
2022/03/11
Committee: EMPL
Amendment 233 #
Proposal for a decision
Article 6 – paragraph 1
(1) The Commission shall submit abiennuially 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 it shall include the Digital Economy and Society Index (DESI). Reporting should not lead to an increased administrative burden on Member States.
2022/03/11
Committee: EMPL
Amendment 235 #
Proposal for a decision
Article 6 – paragraph 1
(1) The Commission shall submit abiennuially 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 it shall include the Digital Economy and Society Index (DESI).
2022/03/11
Committee: EMPL
Amendment 237 #
Proposal for a decision
Article 6 – paragraph 2
(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 transiformation 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.
2022/03/11
Committee: EMPL
Amendment 244 #
Proposal for a decision
Article 7 – paragraph 1
(1) By [sixtwelve months after the entry into force of this Decision- specific date to be inserted by OP], Member States shall submit to the Commission their national Digital Decade strategic roadmaps which shall be consistent with, and contribute to achieving at Union level, the objectives and digital targets set out in this Decision. Member States and the Commission shall take into account relevant sectoral initiatives and ensure consistency with them.
2022/03/11
Committee: EMPL
Amendment 251 #
Proposal for a decision
Article 7 – paragraph 3 – point e
(e) radio spectrum resources have been or are committed to be allocated or assigned by the relevant national authorities;deleted
2022/03/11
Committee: EMPL
Amendment 253 #
Proposal for a decision
Article 8 – title
8 ABiennuial cooperation between the Commission and the Member States
2022/03/11
Committee: EMPL
Amendment 257 #
Proposal for a decision
Article 8 – paragraph 4
(4) At any point of the abiennuial 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 a 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”.
2022/03/11
Committee: EMPL
Amendment 265 #
Proposal for a decision
Article 12 – paragraph 1
(1) The general objective of the Multi- Country Projects shall be to facilitate the achievement of the digital targets as set out in the Articles 2 and 4.
2022/03/11
Committee: EMPL
Amendment 266 #
Proposal for a decision
Article 12 – paragraph 2
(2) Multi-Country Projects shall aim at one or more of the following specific objectives: (a) improving the cooperation of the Union and of Member States in the achievement of the objectives of the Digital Decade; (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’ security and safety; (c) addressing strategic vulnerabilities and dependencies of the Union along the digital supply chains; (d) widening the diffusion and best use of digital solutions in areas of public interest and the private sector; (e) contributing to a sustainable digital transformation of society and the economy that benefits all businesses and citizens across the Union; The Annex sets out an indicative list of possible areas of activity in which Multi- Country Projects addressing these specific objectives could be established.deleted
2022/03/11
Committee: EMPL
Amendment 277 #
Proposal for a decision
Article 15
Objective and status of the European Digital Infrastructure Consortium (EDIC) (1) Member States may implement a Multi-Country Project by means of an European Digital Infrastructure Consortium (‘EDIC’). (2) An EDIC shall have legal personality from the date of entry into force of the Commission decision referred to in Article 16 (3), point (a). (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, immovable and intellectual property, conclude contracts and be a party to legal proceedings. (4) An EDIC shall have a statutory seat, which shall be located on the territory of a Member State.Article 15 deleted
2022/03/11
Committee: EMPL
Amendment 278 #
Proposal for a decision
Article 15 – paragraph 1
(1) Member States may implement a Multi-Country Project by means of an European Digital Infrastructure Consortium (‘EDIC’).deleted
2022/03/11
Committee: EMPL
Amendment 279 #
Proposal for a decision
Article 15 – paragraph 2
(2) An EDIC shall have legal personality from the date of entry into force of the Commission decision referred to in Article 16 (3), point (a).deleted
2022/03/11
Committee: EMPL
Amendment 280 #
Proposal for a decision
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, immovable and intellectual property, conclude contracts and be a party to legal proceedings.deleted
2022/03/11
Committee: EMPL
Amendment 281 #
Proposal for a decision
Article 15 – paragraph 4
(4) An EDIC shall have a statutory seat, which shall be located on the territory of a Member State.deleted
2022/03/11
Committee: EMPL
Amendment 282 #
Proposal for a decision
Article 16 – paragraph 1
(1) Member States applying for the setting-up of an EDIC (“applicants”) shall submit an application to the Commission. The application shall be submitted in writing and shall contain the following: (a) a request to the Commission to set up the EDIC; (b) the proposed Statutes of the EDIC; (c) a technical description of the Multi- Country project to be implemented by the EDIC; (d) a declaration by the host Member State recognising the EDIC as an international body within the meaning of Articles 143, point (g) and 151(1), point (b) of Council Directive 2006/112/EC48 and as international organisation within the meaning of Article 12(1), point (b), of Council Directive 2008/118/EC49 , as of its setting up. The limits and conditions of the exemptions provided for in those provisions shall be laid down in an agreement between the members of the EDIC. _________________ 48 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1). 49 Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (OJ L 9, 14.1.2009, p. 12).deleted
2022/03/11
Committee: EMPL
Amendment 283 #
Proposal for a decision
Article 16 – paragraph 1 – point a
(a) a request to the Commission to set up the EDIC;deleted
2022/03/11
Committee: EMPL
Amendment 284 #
Proposal for a decision
Article 16 – paragraph 1 – point b
(b) the proposed Statutes of the EDIC;deleted
2022/03/11
Committee: EMPL
Amendment 285 #
Proposal for a decision
Article 16 – paragraph 1 – point c
(c) a technical description of the Multi-Country project to be implemented by the EDIC;deleted
2022/03/11
Committee: EMPL
Amendment 286 #
Proposal for a decision
Article 16 – paragraph 1 – point d
(d) a declaration by the host Member State recognising the EDIC as an international body within the meaning of Articles 143, point (g) and 151(1), point (b) of Council Directive 2006/112/EC48 and as international organisation within the meaning of Article 12(1), point (b), of Council Directive 2008/118/EC49 , as of its setting up. The limits and conditions of the exemptions provided for in those provisions shall be laid down in an agreement between the members of the EDIC. _________________ 48 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1). 49 Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (OJ L 9, 14.1.2009, p. 12).deleted
2022/03/11
Committee: EMPL
Amendment 287 #
Proposal for a decision
Article 16 – paragraph 2
(2) The Commission shall assess the application, taking into account the objectives of this Decision and practical considerations related to the implementation of the Multi-Country project to be implemented by EDIC.deleted
2022/03/11
Committee: EMPL
Amendment 288 #
Proposal for a decision
Article 16 – paragraph 3
(3) The Commission shall, taking into account the results of the assessment referred to in paragraph 2, and in accordance with the examination procedure referred to in Article 25(2) adopt one of the following decisions by means of implementing acts: (a) setting up the EDIC after it has concluded that the requirements laid down in this Chapter are met; (b) rejecting the application if it concludes that the requirements laid down in this Chapter are not met, including in the absence of the declaration referred to in Article 16(1), point (d). In this case, Member States may still form a consortium by way of an agreement but it shall not carry the name EDIC, nor benefit from the implementation structure laid down in this Chapter.deleted
2022/03/11
Committee: EMPL
Amendment 289 #
Proposal for a decision
Article 16 – paragraph 3 – point a
(a) setting up the EDIC after it has concluded that the requirements laid down in this Chapter are met;deleted
2022/03/11
Committee: EMPL
Amendment 290 #
Proposal for a decision
Article 16 – paragraph 3 – point b
(b) rejecting the application if it concludes that the requirements laid down in this Chapter are not met, including in the absence of the declaration referred to in Article 16(1), point (d). In this case, Member States may still form a consortium by way of an agreement but it shall not carry the name EDIC, nor benefit from the implementation structure laid down in this Chapter.deleted
2022/03/11
Committee: EMPL
Amendment 291 #
Proposal for a decision
Article 16 – paragraph 4
(4) The decision referred to in paragraph 2 shall be notified to the applicants. Where the application is rejected, the decision shall be explained in clear and precise terms to the applicants.deleted
2022/03/11
Committee: EMPL
Amendment 292 #
Proposal for a decision
Article 16 – paragraph 5
(5) The decision setting up the EDIC shall be published in the Official Journal of the European Union.deleted
2022/03/11
Committee: EMPL
Amendment 293 #
Proposal for a decision
Article 16 – paragraph 6
(6) The essential elements of the Statutes of the EDIC, as set out in Article 19(1), points (a) and (c), and, if applicable, contained in the application shall be annexed to the decision setting up the EDIC.deleted
2022/03/11
Committee: EMPL
Amendment 294 #
Proposal for a decision
Article 17 – paragraph 1
(1) The membership of EDIC shall include at least three Member States. Only Member States that provide a financial or non-financial contribution shall be members of EDIC with voting rights.deleted
2022/03/11
Committee: EMPL
Amendment 295 #
Proposal for a decision
Article 17 – paragraph 2
(2) Following the adoption of a decision setting up an EDIC, other Member States may join as members at any time on fair and reasonabdele terms specified in the Statutes.d
2022/03/11
Committee: EMPL
Amendment 296 #
Proposal for a decision
Article 17 – paragraph 3
(3) Member States that do not provide a financial or non-financial contribution may join EDIC as observers without voting rights.deleted
2022/03/11
Committee: EMPL
Amendment 297 #
Proposal for a decision
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 regardless of the amount of contributions from entities other than Member States.deleted
2022/03/11
Committee: EMPL
Amendment 299 #
Proposal for a decision
Article 18 – paragraph 1
(1) An EDIC shall have at least the following two bodies: (a) an assembly of members made up of the Member States, other entities referred to in Article 17(4) and of the Commission as the body having full decision-making powers, including the adoption of the budget; (b) a director, appointed by the assembly of members, as the executive body and legal representative of the EDIC.deleted
2022/03/11
Committee: EMPL
Amendment 300 #
Proposal for a decision
Article 18 – paragraph 1 – point a
(a) an assembly of members made up of the Member States, other entities referred to in Article 17(4) and of the Commission as the body having full decision-making powers, including the adoption of the budget;deleted
2022/03/11
Committee: EMPL
Amendment 301 #
Proposal for a decision
Article 18 – paragraph 1 – point b
(b) a director, appointed by the assembly of members, as the executive body and legal representative of the EDIC.deleted
2022/03/11
Committee: EMPL
Amendment 302 #
Proposal for a decision
Article 18 – paragraph 2
(2) The Commission shall participate in the deliberations of the assembly of members without voting rights. However, where a centrally-managed Union programme financially contributes to a Multi-Country Project, the Commission shall have a veto right on the decisions of the assembly.deleted
2022/03/11
Committee: EMPL
Amendment 303 #
Proposal for a decision
Article 18 – paragraph 3
(3) The Statutes of an EDIC shall establish specific provisions concerning the governance, within the requirements of paragraphs 1 and 2.deleted
2022/03/11
Committee: EMPL
Amendment 304 #
Proposal for a decision
Article 19 – paragraph 1
(1) The Statutes of an EDIC shall contain at least the following: (a) a list of members, observers and the procedure for changes in membership and representation, which shall respect the right of non-participating Member States to join an EDIC; (b) the detailed description of the Multi- Country Project, the tasks of Members, if applicable, and indicative timeline; (c) the statutory seat and name; (d) the rights and obligations of the members, including the obligation to make contributions to the budget; (e) voting rights; (f) rules on the ownership of infrastructure, intellectual property and other assets, as applicable.deleted
2022/03/11
Committee: EMPL
Amendment 305 #
Proposal for a decision
Article 19 – paragraph 1 – point a
(a) a list of members, observers and the procedure for changes in membership and representation, which shall respect the right of non-participating Member States to join an EDIC;deleted
2022/03/11
Committee: EMPL
Amendment 306 #
Proposal for a decision
Article 19 – paragraph 1 – point b
(b) the detailed description of the Multi-Country Project, the tasks of Members, if applicable, and indicative timeline;deleted
2022/03/11
Committee: EMPL
Amendment 307 #
Proposal for a decision
Article 19 – paragraph 1 – point c
(c) the statutory seat and name;deleted
2022/03/11
Committee: EMPL
Amendment 308 #
Proposal for a decision
Article 19 – paragraph 1 – point d
(d) the rights and obligations of the members, including the obligation to make contributions to the budget;deleted
2022/03/11
Committee: EMPL
Amendment 309 #
Proposal for a decision
Article 19 – paragraph 1 – point e
(e) voting rights;deleted
2022/03/11
Committee: EMPL
Amendment 310 #
Proposal for a decision
Article 19 – paragraph 1 – point f
(f) rules on the ownership of infrastructure, intellectual property and other assets, as applicable.deleted
2022/03/11
Committee: EMPL
Amendment 311 #
(2) The amendments of the Statutes shall be subject to the procedure referred to in Article 16.deleted
2022/03/11
Committee: EMPL
Amendment 312 #
Proposal for a decision
Article 20 – paragraph 1
(1) An EDIC shall be liable for its debts.deleted
2022/03/11
Committee: EMPL
Amendment 313 #
Proposal for a decision
Article 20 – paragraph 2
(2) The financial liability of the members for the debts of the EDIC shall be limited to their respective contributions provided to the EDIC. The members may specify in the Statutes that they will assume a fixed liability above their respective contributions or unlimited liability.deleted
2022/03/11
Committee: EMPL
Amendment 314 #
Proposal for a decision
Article 20 – paragraph 3
(3) The Union shall not be liable for an EDIC’s debts.deleted
2022/03/11
Committee: EMPL
Amendment 315 #
Proposal for a decision
Article 21 – paragraph 1
(1) The setting-up and internal functioning of an EDIC shall be governed: (a) by Union law, in particular this Decision; (b) by the law of the State where the EDIC has its statutory seat in the case of matters not, or only partly, regulated by acts referred to in point (a); (c) by the Statutes and their implementing rules.deleted
2022/03/11
Committee: EMPL
Amendment 316 #
Proposal for a decision
Article 21 – paragraph 2
(2) Without prejudice to the cases in which the Court of Justice of the European Union has jurisdiction under the Treaties, the law of the State where the EDIC has its statutory seat shall determine the competent jurisdiction for the resolution of disputes among the Members in relation to the EDIC, between the members and the EDIC, and between an EDIC and third parties.deleted
2022/03/11
Committee: EMPL
Amendment 317 #
Proposal for a decision
Article 22 – paragraph 1
(1) The Statutes shall determine the procedure to be followed for the winding- up of an EDIC following a decision of the assembly of members. Winding-up may include the transfer of activities to another legal entity.deleted
2022/03/11
Committee: EMPL
Amendment 318 #
Proposal for a decision
Article 22 – paragraph 2
(2) The insolvency rules of the State where the EDIC has its statutory seat shall apply in the event that the EDIC is unable to pay its debts.deleted
2022/03/11
Committee: EMPL
Amendment 319 #
Proposal for a decision
Article 23 – paragraph 1
(1) An EDIC shall produce an annual activity report, containing a technical description of its activities and a financial report. It shall be approved by the assembly of members and transmitted to the Commission. This report shall be made publicly available.deleted
2022/03/11
Committee: EMPL
Amendment 320 #
Proposal for a decision
Article 23 – paragraph 2
(2) The Commission may provide recommendations regarding the matters covered in the annual activity report.deleted
2022/03/11
Committee: EMPL