Activities of Alessandra BASSO

Proposal for a regulation
Recital 3

(3) The possibility of using compulsory licences in situations of national emergency or other circumstances of extreme urgency is explicitly envisaged under the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’)3 . The provisions of this Regulation should be consistent with TRIPS Agreement's obligations, in particular with respect to the protection of trade secrets. _________________ 3 OJ L 336, 23.12.1994, p. 214

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Recital 6

(6) Therefore, it is necessary to establish a compulsory licence for crisis or emergency management at Union level. Under this system, the Co~~mmission~~uncil should be the institution empowered to grant a compulsory licence that is valid throughout the Union and that allows the manufacturing and distribution of products necessary to address a crisis or emergency in the Union (‘Union compulsory licence’).

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Recital 8

(8) These mechanisms provide for the activation of an emergency or crisis mode and aim at providing the means to address Union emergencies. By allowing the Co~~mmission~~uncil to grant a compulsory licence when a crisis or emergency mode has been activated by a Union legal act, the necessary synergy between the existing crisis mechanisms and a Union wide compulsory licencing scheme is achieved. In such a case, the determination of the existence of a crisis or emergency depends solely on the Union legal act underlying the crisis mechanism and the crisis definition included therein. For the sake of legal certainty, the crisis mechanisms that qualify as Union emergency or extreme urgency measures and that can trigger a Union compulsory licence should be ~~listed in an Annex to this Regulation~~punctually listed.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Recital 9

(9) To ensure optimal efficiency of the Union compulsory licence as a tool to address crises, it should be made available in respect of a granted patent or utility model~~, of a published patent application~~ or a supplementary protection certificate. The Union compulsory licence should equally apply to a national patents, European patents and European patents with unitary effect.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Recital 12

(12) The Union compulsory licence should also apply to published patent applications for national patents and for European patents. As the grant of a patent after the publishing of the patent application can take years, targeting only inventions protected by a granted patent could prevent an effective and timely crisis response. In crises, solutions can derive from the latest state-of-the-art technology. Moreover, certain national patent legislations, as well as the European Patent Convention, provide for protection of patent applicants with regard to unconsented use of their inventions and the corresponding possibility for such applicants to licence the use of their patent application rights. In order to ensure that a Union compulsory licence on a published patent application continues to keep its effects once the patent is granted, the Union compulsory licence for published patent applications should extend to the patent once granted to the extent that the crisis- relevant product still falls within the scope of the patent claims.deleted

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Recital 14

(14) When a compulsory licence has been granted, regulatory data protection may, if still in force, prevent the effective use of the compulsory licence as it impedes the authorisation of generic medicinal products. This would result in serious negative consequences for Union compulsory licences granted to tackle a crisis, as this could hamper access to the medicinal products needed to address the crisis. For this reason, Union pharmaceutical legislation (cf. Art. 80 para. 4 of Directive (EU) No XXX/XX [COM(2023)192]) provides for the suspension of data exclusivity and market protection when a compulsory licence has been issued to tackle a public health emergency. Such suspension is allowed only in relation to the compulsory licence granted and its beneficiary and must comply with the objectives, the territorial scope, the duration, and the subject- matter of the granted compulsory licence. The suspension means that the data exclusivity and market protection produce no effect in relation to the licensee of the compulsory licence while that licence is in effect. When the compulsory licence ends, the data exclusivity and market protection resume their effect. The suspension should not result in an extension of the original duration of the regulatory data protection.deleted

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Recital 15

(15) In order to ensure as much coherence as possible with existing crisis mechanisms and with other Union legislation, the definition of a ‘crisis- relevant product’ should be based on the definition adopted in the Single Market Emergency Instrument (SMEI) but should be more general in order to cover products related to different kinds of crises or emergencies.Deleted

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Recital 16

(16) A Union compulsory licence authorises the use of a protected invention without the consent of the rights-holder. Therefore, it must only be granted exceptionally and under conditions that take into account the interests of the rights- holder~~. This includes~~ and the availabilities of possible licensees. This includes an in-depth dialogue phase with the right-holder, a screening of possible licensees, a clear determination of the scope, duration and territorial coverage of the licence. In the context of a Union level crisis mechanism, the crisis mode or emergency mode is activated or declared for a limited period of time. Where a Union compulsory licence is granted within such framework, the duration of the licence shall not extend beyond the duration of the activated or declared crisis or emergency mode. In order to ensure that the compulsory licence fulfils its objective as well as its conditions, the use of the invention should only be authorised to a qualified person able to manufacture the crisis-relevant product and to pay a reasonable remuneration to the rights-holder. The granting of a compulsory licence is in any case preceded by a stage enabling the right holder and the possible licensee to negotiate in order to reach a voluntary agreement, which should remain the preferred option.

2023/11/14
Committee: JURI

2023/0129(COD)

Alessandra BASSO, Gunnar BECK

Proposal for a regulation
Recital 17

(17) When considering the granting of a Union compulsory licence, ~~the Commission should,~~ in order to ~~be able to~~ take a well-informed decision, bthe assist~~ed by~~ance of an advisory body must be envisaged. The consultation of the advisory body should arise early in the discussions on the need to issue a compulsory licence under the relevant instrument. Discussions on whether there is a need for a Union compulsory licence will often start already in the context of the work of the advisory body involved in the context of the relevant Union crisis or emergency mechanisms. In such case, there is no need ~~for the Commission~~ to convene the advisory body but rather to swiftly indicate that that body also has the competence to assess the need for compulsory licensing at Union level, and the conditions thereof. In the latter case, each Member State may indicate one expert on intellectual property to take part in the work of the advisory body. Clarification as regards the competence of the advisory body should be given early in the process, as soon as concrete consideration of using compulsory licensing at Union level is expressed by the Commission.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) patents~~, including published patent applications~~;

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)

(aa) "Crisis" means the following crisis or emergency modes: – Public health emergency at Union level formally recognized by means of a Commission implementing act under Article 23 of Regulation (EU) 2022/2371 of the European Parliament and of the Council of 23 November 2022 on serious cross-border threats to health and repealing Decision No 1082/2013/EU; – Emergency framework activated by the adoption of a Council Regulation under Article 3 of Regulation (EU) 2022/2372 of 24 October 2022 on a framework of measures for ensuring the supply of crisis-relevant medical countermeasures in the event of a public health emergency at Union level; – Crisis stage activated by a Council implementing act under Article 23 of Regulation (EU) 2023/1781 of the European Parliament and the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act).

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a b (new)

(ab) "Advisory Body" means the advisory body deemed competent according to the relevant legislation on the crisis mode or emergency instrument triggered, in particular: – the Advisory Committee on public health emergencies under Article 24 of Regulation (EU) 2022/2371 of the European Parliament and of the Council of 23 November 2022 on serious cross- border threats to health and repealing Decision No 1082/2013/EU; – the Health Crisis Board under Article 5 of Regulation (EU) 2022/2372 of 24 October 2022 on a framework of measures for ensuring the supply of crisis of relevant medical countermeasures in the event of a public health emergency at Union level; – the European Semiconductor Board under Article 28 of Regulation (EU) 2023/1781 of the European Parliament and the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act).

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 4 – paragraph 1

The Co~~mmission~~uncil may grant a Union compulsory licence where a crisis mode or an emergency mode ~~listed in the Annex to this Regulation~~under in Article 3 (aa) has been activated or declared in accordance with one of the Union acts listed ~~in that Annex~~herein.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 5 – paragraph 2

2. A Union compulsory licence for an invention protected by a published patent application shall cover a patent granted based on that application, provided that the granting of that patent takes place while the Union compulsory licence is valid.deleted

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 6 – paragraph 1

1. When the ~~Commission considers the~~ granting of a Union compulsory licence~~, it shall without undue delay consult an advisory bod~~ is considered, an advisory body shall be consulted without undue delay.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. The advisory body referred to in paragraph 1 shall be the advisory body competent for the Union crisis or emergency mechanism ~~as listed in Annex I to this Regulation (the ‘competent advisory body’).~~under Article 3 (ab), with the participation of intellectual property experts appointed by Member States. For the purposes of the present Regulation, the competent advisory body shall give assistance and advise ~~the Commission~~ as regards the following tasks:

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 6 – paragraph 4 – point b a (new)

(ba) shall, in any case, engage in a preliminary dialogue with the right holder, whose right to be heard shall always be guaranteed, and encourage the reaching of voluntary licensing agreements.

2023/11/14
Committee: JURI

2023/0129(COD)

Alessandra BASSO, Gunnar BECK

Proposal for a regulation
Article 6 – paragraph 5

5. In the absence of any existing competent advisory body composed by representatives of all Member States, the tasks referred to in paragraph 2 shall be performed by an ad hoc advisory body set up by the Commission (the ‘ad hoc advisory body’). The Commission shall chair the ad hoc advisory body and ensure its secretariat. Each Member State shall have the right to be represented in the ad hoc advisory body.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 7 – paragraph 3 – introductory part

3. Before proposing the granting of a Union compulsory licence, the Commission shall first notify the relevant rights-holder that a Union compulsory licence may be granted. The right to be heard of the right holder before adopting a proposal pursuant to Article 7(7) shall be ensured. Article 19 shall apply mutatis mutandis. The Commission shall then give the rights-holder and the identified licensees an opportunity to comment on the following:

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point c

(c) the conditions under which the Commission intends to ~~grant the Union compulsory licence, including~~propose to the Council the ~~amou~~grant of the ~~remuneration~~Union compulsory licence.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 7 – paragraph 4

4. The Commission shall notify the rights-holder and the licensee as soon as possible of the fact that a Union compulsory licence may be granted. Wherever the identification of the rights- holders is possible and does not cause significant delay, the Commission shall notify them individually.deleted

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 7 – paragraph 5

5. When the Commission considers that the conditions for the granting of a Union compulsory licence are met, it shall without undue delay publish a notice to inform the public about the initiation of the procedure under this article. This notice shall also include, where already available and relevant, information on the subject of the compulsory licence and an invitation to submit comments in accordance with paragraph 3. The notice shall be published in the Official Journal of the European Union.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 7 – paragraph 7

7. Where the Commission ~~find~~, taking into consideration the opinion provided by the advisory body, considers that the requirements for a Union compulsory licence are met, the Commission shall ~~grant it~~propose to the Council to grant it. The Council may grant a Union compulsory licensing by means of an Council implementing act. The ~~implementing act shall be adopted in accordance with the advisory procedure referred to in Article 24(2).~~duration and the definition of the crisis-relevant products shall be specified in the implementing act. On duly justified imperative grounds of urgency relating to the impacts of the crisis, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 24(4). In case of procedure under Article 24(4), the implementing act shall remain in force for a period not exceeding 12 months.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 7 – paragraph 8

8. When adopting the implementing act, ~~the Commission shall ensure the protection of~~ confidential information shall be protected. While respecting the confidentiality of the information, it~~he Commission~~ shall be ensured that any information relied on for the purpose of its decision is disclosed to an extent that allows to understand the facts and considerations that led up to the adoption of the implementing act.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point a

(a) the patent, ~~patent application,~~ supplementary protection certificate or utility model for which the licence is granted or, where the identification of those rights would significantly delay the granting of the licence, the non-proprietary name of the products which are to be manufactured under the licence;

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point b

(b) the right-holder~~, provided they can be identified with reasonable efforts having regard to the circumstances, including the urgency of the situation~~;

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point d

(d) the duration for which the Union compulsory licence is granted, with an initial suspension period the duration of which shall not be less than ten days from the day following the day of publication of the Union compulsory license in the Official Journal of the European Union, for the purpose of a possible judicial review;

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 8 – paragraph 2

2. By way of derogation from paragraph 1, point (e), the Commission may determine the remuneration after the granting of the licence, by way of an implementing act, where that determination requires, further investigation and consultation. This implementing act shall be adopted in accordance with the rules referred to in Article 7(6) (a) and (b), 7(7) and 7(8).deleted

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 8 a (new)

Article 8a Review by the Court of Justice of the European Union 1. The Court of Justice of the European Union has jurisdiction to review the grounds and the conditions under which a Union compulsory licence has been granted. 2. An implementing act granting a Union compulsory licence shall not take effect before the end of an initial suspension period which shall not be less than 10 calendar days from the day following the day of publication of the Union compulsory license in the Official Journal of the European Union. 3. The right-holder or the licensee may lodge, before the expiry of the suspension period, an application for annulment of the implementing act. Such an application shall have a suspensive effect.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 9 – paragraph 1

1. The ~~licensee shall pay an~~right holder shall be paid adequate remuneration toin the ~~rights-holder. The amount of the remuneration shall be determined by the Commission and specified in the Union compulsory licence~~circumstances of each case, taking into account the economic value of the authorization.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 9 – paragraph 2

2. The remuneration shall ~~not exceed 4 % of~~be determined based on the total gross revenue generated by the licensee ~~through the releva~~from the pertinent activities under the Union compulsory licence.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 9 – paragraph 3 – introductory part

3. When determining the remuneration, the ~~Commission~~following elements shall be consider ~~the following~~ed:

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 9 – paragraph 4

4. If the published patent application for which a compulsory licence has been granted does not subsequently lead to the granting of a patent, the rights-holder shall refund the remuneration paid under this article to the licensee.deleted

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 10 – paragraph 3

3. The European Anti-Fraud Office (OLAF) in cooperation with the relevant national authorities of the Member States may, at the request of the rights-holder or on its own initiative, request access to books and records kept by the licensee, for the purpose of checking whether the content and the conditions of the Union compulsory licence, and in general the provisions of this Regulation, have been complied with.deleted

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 14 – paragraph 1

1. The Commission shall propose to the Council to review the Union compulsory licence upon reasoned request by the rights-holder or the licensee or on its own initiative and ~~shall~~, where needed, to modify the specifications referred to in Article 8 or to establish additional measures complementing the Union compulsory licensing to ensure it achieves its objective as well as to facilitate and ensure the good collaboration between the rights-holder and the licensee. The Council shall act by means of an implementing act. Where necessary, the Union compulsory licence shall be modified to indicate the complete list of rights and rights-holders covered by the compulsory licence.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 14 – paragraph 2

2. Where necessary, the Commission shall decide upon reasoned request by the rights-holder or the licensee or on its own initiative on additional measures complementing the Union compulsory licence to ensure it achieves its objective as well as to facilitate and ensure the good collaboration between the rights-holder and the licensee.deleted

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 14 – paragraph 3

3. A Union compulsory licence may be terminated by the Co~~mmission~~uncil by means of an implementing act where the circumstances which led to it cease to exist and are unlikely to recur or where the licensee fails to comply with the obligations laid down in this Regulation.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 14 – paragraph 4

4. When the Commission considers the proposal of modifying, adopting additional measures as referred to in paragraph 21, or terminating the Union compulsory licence, it may consult the advisory body referred to in Article 6.

2023/11/14
Committee: JURI

2023/0129(COD)

Proposal for a regulation
Article 14 – paragraph 6

6. The implementing acts referred to in paragraph 1~~, 2~~ and 3 shall be adopted in accordance with the rules referred to in Article 7(6) (a) and (b), 7(7) and 7(8).

2023/11/14
Committee: JURI

2023/0129(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Annex I

~~[...]~~deleted

2023/11/14
Committee: JURI

2023/0090(COD)

Proposal for a regulation
Recital 5 a (new)

(5a) The objective of this Regulation is to address the risks associated with the circulation of non-road mobile machinery on public roads. Thus, non-road mobile machinery that will not circulate on public roads should be excluded from the scope of this Regulation.

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 2 – paragraph 2 a (new)

2a. As regards non-road mobile machinery under individual approval, the manufacturer may choose either to apply the requirements under this Regulation, where appropriate, or to comply with the relevant national legislation referred to in point (f) of the first subparagraph.

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 2 – paragraph 2 b (new)

2b. As regards towed equipment, the manufacturer may choose either to apply for EU type-approval or to comply with the relevant national legislation referred to in point (g) of the first subparagraph.

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 3 – paragraph 1 – point 1

(1) ‘non-road mobile machinery’ means any self-propelled mobile machinery with a power drive or towed equipment, falling within the scope of Directive 2006/42/EC, that is designed or constructed with the purpose to perform work and with the intent to circulate on public roads, mainly to move from one working place to another;

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point c

(c) ~~engin~~power drive (internal combustion/hybrid/electric/hybrid- electric),

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point e

~~(e) number and arrangement of cylinders,~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point f

~~(f) power difference of no more than 30 % (the highest power being no more than 1,3 times the lowest power),~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point g

~~(g) cylinder capacity difference of no more than 20 % (the highest figure being no more than 1,2 times the lowest figure),~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point i

~~(i) steered axles (number and position),~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point j

~~(j) maximum laden mass differing by no more than 10 %,~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point l

~~(l) rollover protection structure,~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point m

~~(m) braked axles (number);~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 4 – paragraph 4

4. Member States shall not, for the aspects covered by this Regulation, prohibit, restrict or impede the making available on the market, registration, entry into service or circulation on public roads of non-road mobile machinery that complies with this Regulation at the time of placing on the market.

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 a (new)

The Commission in empowered to adopt delegated acts in ccordance with Article 47 concerning detailed rules under which Member States cannot refuse the verification, as specified in Article 19, already carried out by the approval authority of another Member State.

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part

The Commission is empowered to adopt delegated acts in accordance with Article 47 concerning detailed rules on the requirements solely for risks related to road circulation set out in paragraph 1 for the following elements:

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a

~~(a) vehicle structure integrity;~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point j

~~(j) vehicle exterior and accessories in on road position, including working equipment and swinging structure;~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point l

~~(l) heating systems, defrost and demist;~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point p

(p) masses, including ~~maximum on- road~~on-road maximum permissible laden mass;

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point q

~~(q) fuel tanks;~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point w

~~(w) operator’s manual for road use;~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point y

~~(y) on-road information, warnings and markings.~~deleted

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 16 – paragraph 1

1. Non-road mobile machinery ~~shall not be made available on the market,~~, intended for road circulation, shall not be registered or entered into service if registration is not compulsory, unless it is in conformity with this Regulation at the time of placing on the market.

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 2

However, in the case of the first subparagraph, point (b), the EU type- approval and the relevant EU type- approval certificate shall become, for placing on the market, invalid 1824 months after the date of applicability of the new requirements referred to in the first subparagraph, point (b).

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1 (new)

From [date of entry into force], national authorities shall not refuse to grant EU type-approval or national type-approval for a new type of non-road mobile machinery, or prohibit placing on the market, registration, or entry into service of a new non-road mobile machinery when complying with this Regulation and the delegated and implementing acts adopted pursuant to this Regulation, if a manufacturer so requests.

2023/09/06
Committee: IMCO

2023/0090(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 53 – paragraph 2 a (new)

The power of the Commission to adopt delegated acts pursuant to Article 47 shall apply as of [date of entry into force of this regulation.] The Commission shall adopt all the delegated acts referred to in in Article 4 (5), Article 15(2), Article 21(9), Article 22(6) and Article 39 before [24 months from the date of entry into force of this regulation.]

2023/09/06
Committee: IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Recital 9 a (new)

(9 a) Within the same context, the healthcare sector should be recognized as a relevant player in reducing the environmental pollution. It would therefore be essential for companies and healthcare professionals and beneficial for patients to establish a proper regulatory framework for using claims relating to biodegradability, sustainability, circularity and origin of the product’s components, both for medicinal products (according to Directive 2001/83) and medical devices (according to Regulations 2017/745).

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Recital 64

(64) When setting penalties and measures for infringements, the Member States should foresee that, based on the gravity of the infringement, the level of fines should effectively deprive the non- compliant trader from the economic benefit derived from using the misleading or unsubstantiated explicit environmental claim or non-compliant environmental labelling scheme, including in cases of repeated infringements. The measures for infringements foreseen by the Member States should therefore also include confiscation of the relevant product from the trader or revenues gained from the transactions affected by this infringement or a temporary exclusions or prohibitions from placing products or making available services on the Union market. The gravity of the infringement should be the leading criterion for the measures taken by the enforcement authorities. The maximum amount of fines should be dissuasive and set at least at the level of 4% of the trader’s total annual turnover in the Member State or Member States concerned in case of widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement measures in accordance with Regulation (EU) 2017/239488 . _________________ 88 Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

(67) Where based on the results of the monitoring and evaluation of this Directive the Commission finds it appropriate to propose a review of this Directive, the feasibility and appropriateness of further provisions on mandating the use of common method for substantiation of explicit environmental claims, the extension of prohibition of environmental claims for products containing hazardous substances except where their use is considered ~~essential for the society~~safe and improves the sustainability of the product, or further harmonisation as regards requirements on the substantiation of specific environmental claims on environmental aspects or environmental impacts should also be considered.

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 1 – paragraph 1

1. This Directive applies to explicit environmental claims made by traders about products or traders in business-to- consumer commercial practices. It does not apply to environmental claims made in business-to-business commercial practices.

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 1 – paragraph 2 – point o a (new)

(o a) Regulations (EU) 2021/2115, 2021/2116, 2021/2117 of the European Parliament and of the Council, and legislative acts based on these Regulations;

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 1 – paragraph 2 – point o b (new)

(o b) Regulation (EU) 2012/1151 of the European Parliament and of the Council;

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 1 – paragraph 2 – point o c (new)

(o c) Directive (EU) 2018/2001 of the European parliament and on the Council on the promotion of the use of energy from renewable sources;

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 8 – paragraph 2 – point d

(d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted for consultation to a heterogeneous group of stakeholders, that apply or are impacted by them or to their representatives, that has reviewed them and ensured their relevance from a societal perspective;

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 10 – paragraph 3

3. The verification and certification requirements shall apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC only if they so request. In order to avoid unproportionate costs and burdens for microenterprises and SMEs, Member States shall put in place an alternative ad-hoc verification scheme.

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 10 – paragraph 9 a (new)

9 a. Member States may set up procedures to prioritise the verification of existing environmental claims made before the entry into force of this Directive and may introduce a transitional period during which existing environmental claims, submitted for verification, can still be used.

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 15 – paragraph 3

3. Where, further to the evaluation referred to in the first subparagraph, the competent authorities find that the substantiation and communication of the explicit environmental claim or the environmental labelling scheme does not comply with the requirements laid down in this Directive, they shall notify the trader making the claim about the non- compliance and require that trader to take all appropriate corrective action within 360 days to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim. Such action shall be as effective and rapid as possible, while complying with the principle of proportionality and the right to be heard.

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 17 – paragraph 2

2. When determining the type and level of penalties to be imposed in case of infringements, the competent authorities of the Member States shall give due regard to the following: (a) the nature, gravity, extent and duration of the infringement; (b) the intentional or negligent character of the infringement and any action taken by the trader to mitigate or remedy the damage suffered by consumers, where applicable; (c) the financial strength of the natural or legal person held responsible, as indicated for example by the total turnover of the legal person held responsible or the annual income of the natural person held responsible; (d) the economic benefits derived from the infringement by those responsible; (e) any previous infringements by the natural or legal person held responsible; (f) any other aggravating or mitigating factor applicable to the circumstances of the case; (g) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394, where applicable.deleted

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 17 – paragraph 2 – point a

~~(a) the nature, gravity, extent and duration of the infringement;~~deleted

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 17 – paragraph 2 – point b

~~(b) the intentional or negligent character of the infringement and any action taken by the trader to mitigate or remedy the damage suffered by consumers, where applicable;~~deleted

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 17 – paragraph 2 – point c

(c) the financial strength of the natural or legal person held responsible, as indicated for example by the total turnover of the legal person held responsible or the annual income of the natural person held responsible;deleted

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 17 – paragraph 2 – point d

~~(d) the economic benefits derived from the infringement by those responsible;~~deleted

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 17 – paragraph 2 – point e

~~(e) any previous infringements by the natural or legal person held responsible;~~deleted

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 17 – paragraph 2 – point g

(g) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394, where applicable.deleted

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1

Member States shall provide that penalties and measures for infringements of this Directive shall include: (a) fines which effectively deprive those responsible of the economic benefits derived from their infringements, and increasing the level of such fines for repeated infringements; (b) confiscation of revenues gained by the trader from a transaction with the relevant products concerned; (c) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions.deleted

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point a

~~(a) fines which effectively deprive those responsible of the economic benefits derived from their infringements, and increasing the level of such fines for repeated infringements;~~deleted

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point b

~~(b) confiscation of revenues gained by the trader from a transaction with the relevant products concern~~deleted;

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point c

~~(c) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions.~~deleted

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2

For the purposes of point (a), Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394115 , the maximum amount of such fines being at least at 4 % of the trader’s annual turnover in the Member State or Member States concerned. _________________ 115 OJ L 345, 27.12.2017, p. 1.deleted

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 20 – paragraph 3

3. Member States shall provide the information referred to in paragraph 1 to the Commission on an biannual basis.

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 21 – paragraph 3 – point b

(b) facilitating transition towards toxic free environment by considering introducing, on the basis of an impact assessment, a prohibition of environmental claims for products containing hazardous substances except where their use is considered ~~essential for the society in line with the criteria to be developed by the Commiss~~safe and improves the sustainability of the product, in compliance with the relevant Union and national legislations;

2023/11/14
Committee: ENVI IMCO

2023/0085(COD)

Annalisa TARDINO, Isabella TOVAGLIERI, Silvia SARDONE, Antonio Maria RINALDI, Gianantonio DA RE, Alessandra BASSO, Rosanna CONTE, Matteo ADINOLFI, Gianna GANCIA, Marco CAMPOMENOSI, Maria Veronica ROSSI, Danilo Oscar LANCINI

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2

They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive].

2023/11/14
Committee: ENVI IMCO

2023/0083(COD)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
Recital 3

~~(3)~~ In order to reduce premature ~~(3)~~ disposal of viable goods purchased by consumers and to encourage consumers to use their goods longer, it is necessary to set out rules on repair of such goods. Repair should not only result in more sustainable consumption, since it is likely to generate less waste caused by discarded goods, less demand for resources, including energy, caused by the process of manufacturing and sale of new goods replacing defective goods, as well as less greenhouse gas emissions, but should also promote the creation of non-relocatable jobs. This Directive promotes sustainable consumption in view of achieving benefits for the environment while also producing benefits for consumers by avoiding costs associated with new purchases in the short term. To help consumers make sustainable choices, the cost of repairing a product should remain competitive and encourage consumers to repair rather than discard.

2023/09/08
Committee: IMCO

2023/0083(COD)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
Recital 8

(8) The consumer’s free choice to decide by whom to have its goods repaired should be facilitated by requesting the European Repair Information Form not only from the producer, but also from the seller of the goods concerned or from independent repairers, where applicable. ~~Repairers should provide the European Repair Information Form~~Although consumers must be informed that a European Repair Information Form exists, repairers should provide it only where the consumer requests that form and the repairer intends to provide the repair service or it is obliged to repair. A consumer may also choose not to request the European Repair Information Form and to conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council.15 __________________ 15 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 (Text with EEA relevance) (OJ L 304, 22.11.2011, p. 64–88).

2023/09/08
Committee: IMCO

2023/0083(COD)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
Recital 13

(13) Producers may fulfil their obligation to repair by sub-contracting repair, for instance, if the producer does not have the repair infrastructure or if repair can be carried out by a repairer located closer to the consumer, ~~among others~~particularly where the producer is established outside the Union. To this end, they should provide the consumer with a list of verified repairers.

2023/09/08
Committee: IMCO

2023/0083(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Antonio Maria RINALDI, Virginie JORON

Proposal for a directive
Recital 14

(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16 , according to which producers should provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice. In addition to these measures, independent repairers should be granted access to spare parts and related information on a non- discriminatory basis and at a reasonable cost, for a defined period of time. __________________ 16 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 (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).

2023/09/08
Committee: IMCO

2023/0083(COD)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
Recital 14

(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16, according to which producers should provide access, at a reasonable cost and in a non- discriminatory manner for a period equivalent to at least the expected lifespan of the product, to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice. __________________ 16 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 (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).

2023/09/08
Committee: IMCO

2023/0083(COD)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
Recital 23

(23) Member States should ensure that consumers have easy access to the online platform allowing them to find suitable repair services for their defective goods. The online platform should also be accessible to vulnerable consumers, including persons with disabilities, in accordance with applicable Union law relating to accessibility. To this end, Member States should take steps to inform consumers of the existence of the online platform, for example through communication campaigns. The economic operators concerned should also take measures to inform consumers of the existence of the online platform, for example by displaying a link to the platform on their websites or in shops in general and when purchasing in particular.

2023/09/08
Committee: IMCO

2023/0083(COD)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
Recital 24

(24) The search function based on products may refer to the product type or brand. Since repairers cannot know the specific defect before a request to repair has been made, it is sufficient that they provide on the online platform generic information on key elements of repair services to enable consumers to decide whether to repair the good in question, in particular the average time to complete repair, the availability of temporary replacement goods, the place where the consumer hands over the goods for repair, the possibility of replacing the product under repair during the repair period and the availability of ancillary services. Repairers should be encouraged to regularly update their information on the online platform. In order to build consumer confidence in the repair services available on the online platform, repairers should be able to demonstrate their adherence to certain repair standards.

2023/09/08
Committee: IMCO

2023/0083(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Antonio Maria RINALDI, Virginie JORON

Proposal for a directive
Recital 27

(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations, including organisations representing SMEs and their standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.

2023/09/08
Committee: IMCO

2023/0083(COD)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
Recital 28 b (new)

(28b) In order to encourage repair and compensate for the absence of the product during the repair period, the economic operator performing, or delegating, a repair service, should offer the consumer a new or refurbished replacement free of charge, where possible.

2023/09/08
Committee: IMCO

2023/0083(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Antonio Maria RINALDI, Virginie JORON

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Producers shall provide to the repairers all available information necessary to complete the European Repair Information Form.

2023/09/08
Committee: IMCO

2023/0083(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Antonio Maria RINALDI, Virginie JORON

Proposal for a directive
Article 5 – paragraph 2

2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer.

2023/09/08
Committee: IMCO

2023/0083(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Antonio Maria RINALDI, Virginie JORON

Proposal for a directive
Article 5 – paragraph 3

3. Producers shall ensure that independent repairers have access to spare parts ~~and~~for a minimum of 5 years from the placing on the market of the last unit of product, at a reasonable price, on a non- discriminatory basis and with short notice, as well as to repair-related information and tools in accordance with the Union legal acts listed in Annex II.

2023/09/08
Committee: IMCO

2023/0083(COD)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
Article 5 – paragraph 3

3. Producers shall ensure that independent repairers have access ~~to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II~~, at a reasonable cost and in a non- discriminatory manner for a period equivalent to at least the expected lifespan of the product, to spare parts, repair-related information and tools.

2023/09/08
Committee: IMCO

2023/0083(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Antonio Maria RINALDI, Virginie JORON

Proposal for a directive
Article 7 – paragraph 3

3. Registration on the online platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers and for independent repairers legally framed as SMEs in accordance to Recommendation 2003/361/EC.

2023/09/08
Committee: IMCO

2023/0083(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Antonio Maria RINALDI, Virginie JORON

Proposal for a directive
Article 8 a (new)

Article 8a Micro and small and medium enterprises Member States shall take the appropriate measures to support micro and small and medium-sized enterprises within the meaning of Recommendation 2003/361/EC in applying the requirements laid down by this Directive. Such measures shall include at least: (a) guidelines to comply with requirements laid down in this Directive; (b) tailor-made training courses for entrepreneurs and their staff.

2023/09/08
Committee: IMCO

2023/0083(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Antonio Maria RINALDI, Virginie JORON

Proposal for a directive
Article 9 a (new)

Article 9a National measures to promote repair In compliance with State aid rules, Member States shall take the appropriate measures, including those of fiscal nature, to promote the competitiveness of repair services.

2023/09/08
Committee: IMCO

2022/2171(INI)

Isabella TOVAGLIERI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Draft opinion
Recital A

A. whereas consumers arseem to be ready to change their purchasing patterns for sustainable options ~~but can be misled by greenwashing practice~~when duly informed about sustainability and origin of the products;

2022/12/16
Committee: IMCO

2022/2171(INI)

Isabella TOVAGLIERI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Draft opinion
Recital B a (new)

Ba. whereas supporting a vibrant and dynamic textile sector is strategic for the value chains and the competitiveness of the internal market;

2022/12/16
Committee: IMCO

2022/2171(INI)

Isabella TOVAGLIERI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Draft opinion
Recital B b (new)

Bb. whereas the long tradition and experience of European textile companies has a priceless value for the European historical heritage;

2022/12/16
Committee: IMCO

2022/2171(INI)

Isabella TOVAGLIERI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Draft opinion
Paragraph 2

2. Calls for stricter customs controls to avoid the import of counterfeit and unsafe textile products or goods without the specific requirements to be sold in the internal market; calls for the implementation of a trusted-flagger alert and notification mechanism and of an appropriate European redress mechanism for consumers affected by misleading labels and textiles that do not comply with Union law;

2022/12/16
Committee: IMCO

2022/2171(INI)

Isabella TOVAGLIERI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON

Draft opinion
Paragraph 3

3. Welcomes the introduction of the digital product passport in the proposal for a regulation on ecodesign requirements for sustainable products; believes that in order to be relevant this passport needs to be ~~available on the product itself and be~~ easy to read; favours open and trustworthy data ensuring traceability ~~down to factory level~~; emphasises that any action that could increase red tape for producers should be avoided and calls for stronger support for SMEs in this sector;

2022/12/16
Committee: IMCO

2022/2171(INI)

Isabella TOVAGLIERI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON

Draft opinion
Paragraph 5

5. Encourages initiatives to help consumers switch to more sustainable consumption patterns by providing quality products at an affordable price and reducing waste, without affecting competitiveness and offering more choices to the consumers;

2022/12/16
Committee: IMCO

2022/2171(INI)

Isabella TOVAGLIERI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Draft opinion
Paragraph 6

6. Believes that textile producers and brands should be drivers of sustainability by being transparent in their practices and respecting human rights and the environment; believes that these goals could be also achieved supporting the value chain, promoting reshoring in EU of delocalized productions, lowering burdens, promoting the textile value chain with incentives and creating a clear and efficient legal framework for companies and customers;

2022/12/16
Committee: IMCO

2022/2171(INI)

Isabella TOVAGLIERI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Draft opinion
Paragraph 7

7. Stresses that some fast fashion companies located outside the EU contribute to puts enormous stress on suppliers and their workforce through unfair trading practices;

2022/12/16
Committee: IMCO

2022/2171(INI)

Isabella TOVAGLIERI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Draft opinion
Paragraph 8

8. Calls for ~~mandatory~~transparent criteria onfor a responsible consumption to applyied to public procurement, avoiding fragmentation of the internal market;

2022/12/16
Committee: IMCO

2022/2171(INI)

Isabella TOVAGLIERI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Draft opinion
Paragraph 9 a (new)

9a. Recalls the need to support the EU textile value chain, which actively contribute to the EU competitiveness, while at the same time defending it from external unfair practices, which are also distortive of the internal market;

2022/12/16
Committee: IMCO

2022/2036(INI)

Virginie JORON, Jean-Lin LACAPELLE, Markus BUCHHEIT, Alessandra BASSO, Isabella TOVAGLIERI, Marco CAMPOMENOSI

Motion for a resolution
Paragraph 1

1. Emphasises that in order to strengthen the single market, it is necessary to carry out a digital transformation that increases the availability of online public services; recalls that eGovernment facilitates relationships with citizens, businesses, employees and governments~~, and calls for the establishment of a European digital identity~~;

2022/11/09
Committee: IMCO

2022/2036(INI)

Virginie JORON, Jean-Lin LACAPELLE, Markus BUCHHEIT, Alessandra BASSO, Isabella TOVAGLIERI, Marco CAMPOMENOSI

Motion for a resolution
Paragraph 2

2. ~~Firmly b~~Believes that the further development of digital public services can significantly contribute to the reduction of administrative barriers for entrepreneurs, especially micro, small and medium-sized enterprises (MSMEs); calls on Member States to redouble their efforts to further digitalise public services without that meaning that citizens of Member States who so wish cannot avail themselves of those services in a traditional and non- digitalised manner; stresses the importance of not sacrificing public services that are accessible in a non- computerised manner, but, rather, of allowing easy and rapid access to such public services;

2022/11/09
Committee: IMCO

2022/2036(INI)

Virginie JORON, Jean-Lin LACAPELLE, Markus BUCHHEIT, Alessandra BASSO, Isabella TOVAGLIERI, Marco CAMPOMENOSI

Motion for a resolution
Paragraph 3

3. Emphasises that the provision of digital public services implies the use of personal data, and therefore calls on the Commission and Member States to pay special attention to the protection of citizens’ personal data, including in connection with data transfer agreements with third countries; calls on the Commission not to compromise the high level of personal-data protection to which Member State citizens are entitled; calls on the Commission to foster the development of sovereign European digital infrastructure guaranteeing that the rights of European users, and the security of their data, will be protected;

2022/11/09
Committee: IMCO

2022/2036(INI)

Virginie JORON, Jean-Lin LACAPELLE, Markus BUCHHEIT, Alessandra BASSO, Isabella TOVAGLIERI, Marco CAMPOMENOSI

Motion for a resolution
Paragraph 7

7. Believes that e-health has untapped potential, and therefore welcomes the Commission’s intention to create a European health data space; emphasises, furthermore, that e-medical records are extremely useful for stimulating cross-border research and providing cross-border healthcare;deleted

2022/11/09
Committee: IMCO

2022/2036(INI)

Virginie JORON, Jean-Lin LACAPELLE, Markus BUCHHEIT, Alessandra BASSO, Isabella TOVAGLIERI, Marco CAMPOMENOSI

Motion for a resolution
Paragraph 24

24. Welcomes the Commission’s initiative to create European data spaces in various sectors, including ~~health,~~ justice and public procurement; considers it crucial for these data spaces to be interoperable so that consumers and entrepreneurs, especially SMEs, can achieve their full potential; points out that the interoperability of data spaces should be the starting point for all future digitalisation strategies; calls on the Commission to submit a legislative proposal as soon as possible that will ensure the interoperability of data spaces in the European single market;

2022/11/09
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Recital B

B. whereas the video games industry employed 86 953 people in 2019, of whom around 20% were women; 3a; _________________ 3a ISFE, Europe’s Video Games Industry, ISFE-EGDF Key Facts, 2021.

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON

Motion for a resolution
Recital D a (new)

Da. whereas online video games present, by their very nature, important levels of criticalities especially when the gaming experience is compared to most traditional physical channels;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Recital E

E. whereas spending excessive amounts of time playing online video games, in the absence of appropriate safeguards, can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues as well as mechanisms that can be reminiscent of electronic forms of gambling, in particular with regard to minors;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Recital F a (new)

Fa. whereas monetized video games may have very few consumer protection guarantees, which could pose financial risks for users and, in the case of minors, parents and those legally responsible for their actions;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Recital F b (new)

Fb. whereas the control and verification tools set up for accessing online video games may lack efficiency, particularly when it comes to verifying with absolute certainty players’ age;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Recital J a (new)

Ja. whereas, with regard to the psychosocial effects of certain reward mechanisms, children are more at risk to develop habits in response to certain stimuli;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Recital K

K. whereas the European video games industry represented a market size of EUR 23.3 billion in 2020 and is still growing8a; whereas, since 2015, digital revenues have increased threefold and account for more than half of European market revenues; _________________ 8a ISFE, Europe’s Video Games Industry, ISFE-EGDF Key Facts, 2021

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Recital K a (new)

Ka. whereas the industry has historically generated revenue from the sale of video games but has been rapidly shifting to purely digital services sold through online storefronts, leading the grounds for new and complex business models; whereas one of the currently predominant business models is represented by in-game purchases that unlock digital content in the video game environment;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Recital K b (new)

Kb. whereas the video games industry represents an important and rapidly growing segment of the creativity sector in Europe, which has historically lagged behind in the emergence of 'European champions' within the global digital sector;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 1

1. Welcomes the measures taken to better protect consumers; notes, however, the need for a ~~single,~~ coordinated approach between Member States in order to avoid fragmentation of the single market and to protect European consumers;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 3

3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; ~~calls for mechanisms to be put in place to exercise stricter parental control over the amount of time and money children spend on games, among other things~~stresses that instructions for effective use of parental control should be made user-friendly, accessible and clear;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 4

4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to ~~obtain rewards through loot boxes~~buy in-game currencies and to obtain randomized rewards through loot boxes; stresses that the use of in-game currencies constitutes an additional transaction layer that abstracts the real-world cost of the virtual item;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 4 a (new)

4a. Observes that generally the ownership of in-game currencies does not guarantee the right of refund nor the right of withdrawal for consumers, notably given the complicated licensing agreements through which video games companies often grant themselves the power to unilaterally change contractual clauses;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 8

8. Stresses that consumers should have all the necessary information about an online video game before starting to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and other information that may be considered to be of interest; observes in particular that clear information shall be provided to consumers in advertising materials on what to expect from in-game purchases and how they affect gameplay;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 8 a (new)

8a. Points out that in cases where algorithmic decision-making is employed in video games, particularly when it aims at influencing user behaviour, consumers shall be explicitly informed;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 10 a (new)

10a. Stresses that, when adopting regulatory action, the Commission shall prioritize banning misleading designs, increasing minors protection and ensuring transactional transparency for in-game purchasing systems;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Antonio Maria RINALDI, Isabella TOVAGLIERI

Motion for a resolution
Paragraph 10 b (new)

10b. Stresses that regulatory action shall provide a good balance between consumer protection and the development of strategic business models; underlines that although consumer protection is a shared competence, the video games sector requires cross-border protection because of its intrinsic nature;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 12 a (new)

12a. Recalls that children are less able to disentangle costs when presented with virtual currencies and may have problems understanding and taking probabilities into account particularly when it comes to randomized rewards;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 15 a (new)

15a. Stresses the importance of creating enforceable accessibility standards for consumers affected by disabilities, in particular when minors;

2022/06/27
Committee: IMCO

2022/2014(INI)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Antonio Maria RINALDI, Isabella TOVAGLIERI, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 22 a (new)

22a. Calls on the Commission to take advantage of the fitness check to be conducted on digital fairness, as part of the New Consumer Agenda2020, to assess key concepts relevant for the protection of consumer in online video games as vulnerability, deceptive design and monetisation techniques;

2022/06/27
Committee: IMCO

2022/2008(INI)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Markus BUCHHEIT, Alessandra BASSO, Isabella TOVAGLIERI

Draft opinion
Paragraph 1

1. Recalls that the new Industrial Strategy was updated to reflect the lessons learned from COVID-19, and that this strategy ~~will be key to~~should go further in enhancing EU competitiveness and overcoming future challenges, such as Union independence for the most strategic economic sectors; recalls that a strong governance system, European preference and market surveillance are essential in order to relaunch the single market; calls on the Commission to focus on ensuring that the industrial strategy helps remove single market barriers and avoid further fragmentation;

2022/04/06
Committee: IMCO

2022/2008(INI)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Markus BUCHHEIT, Alessandra BASSO, Isabella TOVAGLIERI

Draft opinion
Paragraph 3

3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that effective public procurement will lead to more jobs, growth and innovative investments; recalls that the selection and award criteria should not result in an unreasonable administrative burden, particularly for European micro-, small and medium-sized enterprises;

2022/04/06
Committee: IMCO

2022/2008(INI)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Markus BUCHHEIT, Alessandra BASSO, Isabella TOVAGLIERI

Draft opinion
Paragraph 3

3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that public procurement can play an active role in achieving the New Industrial Strategy objectives, such as the emergence of competitive European businesses; stresses that effective public procurement will lead to more jobs, growth and innovative investments;

2022/04/06
Committee: IMCO

2022/2008(INI)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Markus BUCHHEIT, Alessandra BASSO, Isabella TOVAGLIERI

Draft opinion
Paragraph 4

4. Reiterates the need to enhance European strategic autonomy by investing in skills, digital infrastructures, particularly for the storage and processing of European user data, and key technologies such as AI, cybersecurity, 5G and 6G, microprocessors and semiconductors, high-performance computing and quantum technologies;

2022/04/06
Committee: IMCO

2022/2008(INI)

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Markus BUCHHEIT, Alessandra BASSO, Isabella TOVAGLIERI

Draft opinion
Paragraph 4 a (new)

4a. Stresses that developing these key sectors requires that a European preference system be established for local or European production in public procurement contracts in Europe;

2022/04/06
Committee: IMCO

2022/0402(CNS)

Proposal for a regulation
Recital 8

(8) While the Union has competence to adopt measures on family law with cross- border implications such as rules on international jurisdiction, applicable law and the recognition of parenthood between Member States, to date the Union has not adopted provisions in those areas as regards parenthood. The Member States’ provisions currently applicable in these areas differ. , and, although the Regulation does not directly affect substantive national law, it nevertheless has a considerable bearing thereon. In order to uphold the different legal and constitutional traditions of the Member States and the public policy limits thereof, states which, upon entry into force of this Regulation, already have legislation in place to ensure full respect for children’s rights and the recognition of parenthood status in specific cases of children born abroad, by virtue of instruments other than the recognition of court decisions and authentic instruments with binding legal effect originating in other Member States, must remain free to disregard the rules on recognition. To that end, the competent authority of the Member State should submit, within six months of entry into force of this Regulation, a communication to the Commission setting out how its national legislation ensures that the principles of non-discrimination and the protection of the best interests of the child are upheld.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 12

(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. The European Parliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings51. _________________ 47 State of the Union Address by Commission President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 14

(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52. Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood do not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C- 215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 20

(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), equality and non-discrimination are amongst the values on which the Union is founded and which are common to the Member States. Article 21 of the Charter prohibits discrimination on grounds of, amongst others, birth. Article 3 TEU and Article 24 of the Charter provide for the protection of the rights of the child, and Article 7 of the Charter provides for everyone’s right to respect for their private and family life. Article 3 of the Charter, however, affirms the right to the integrity of the person and prohibits making the human body and its parts as such a source of financial gain.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 21

(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State, without prejudice to the public policy restrictions of the Member States.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 22

(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood ~~as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable~~.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, ~~genetic,~~ by adoption or by operation of law. ~~Also~~Subject to the limits on public order imposed by national laws, for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 24 a (new)

(24a) Parent-child relationships that arise after conception and gestation are carried out on another’s behalf should not be covered by the scope of this Regulation. Gestation on another’s behalf should be understood as a form of assisted procreation whereby a woman enters into a contractual obligation to carry a pregnancy to term on behalf of third parties, intended parents or clients, either free of charge or for a fee. Whether remunerated or not, gestation on another’s behalf, or ‘surrogacy’, should be prohibited in all Member States, as it violates the dignity of the woman and the unborn child, in contravention of Article 3 of the Charter, in particular the prohibition on making the human body and its parts as such a source of financial gain.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 25

(25) This Regulation should not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation and the European Certificate of Parenthood should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 26

(26) For the purposes of this Regulation, a domestic adoption in a Member State is that in which the child and the adoptive parent or parents have their habitual residence in the same Member State and where the adoption creates a permanent parent-child relationship. In order to take account of the different legal traditions of the Member States, this Regulation should cover domestic adoption in a Member State where the adoption results in the termination of the legal relationship between the child and the family of origin (full adoption) as well as domestic adoption in a Member State which does not result in the termination of the legal relationship between the child and the family of origin (simple adoption).deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 31

(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 45

(45) In the interests of procedural economy and procedural efficiency, if the outcome of proceedings before a court of a Member State not having jurisdiction under this Regulation depends on the determination of an incidental question falling within the scope of this Regulation, the courts of that Member State should not be prevented by this Regulation from determining that question. Therefore, if the object of the proceedings is, for instance, a succession dispute in which the parent- child relationship between the deceased and the child must be established for the purposes of those proceedings, the Member State having jurisdiction for the succession dispute should be allowed to determine that question for the pending proceedings, regardless of whether it has jurisdiction for parenthood matters under this Regulation. Any such determination should be made in accordance with the applicable law designated by this Regulation, and should only produce effects in the proceedings for which it was made and constitute evidence in related pending proceedings.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 53

~~(53) Any of the laws designated as applicable by this Regulation should apply even if it is not the law of a Member State.~~deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 68

(68) In order to take into account the different systems of dealing with parenthood in the Member States, this Regulation should guarantee the acceptance in all Member States of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Such authentic instruments can have evidentiary effects as regards parenthood already established or as regards other facts. Depending on the national law, authentic instruments providing evidence of parenthood already established can be, for example, a birth certificate, a parenthood certificate or an extract from the civil register on birth. Authentic instruments providing evidence of other facts can be, for example, a notarial or administrative document recording an acknowledgment of paternity, a notarial or administrative document recording the consent of a mother or of a child to the establishment of parenthood, a notarial or administrative document recording the consent of a spouse to the use of assisted reproductive technology, without prejudice to the exclusion from the scope of this Regulation of gestation on another’s behalf, or a notarial or administrative document recording a possession of state.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 69

(69) Authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State should have ~~the same~~ evidentiary effects in another Member State ~~as they have in the Member State of origin, or the most comparable effects~~. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. ~~The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin.~~

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 75

(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination, and Article 3 thereof on the right to the integrity of the person, which prohibits making the human body and its parts as such a source of financial gain.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 76

(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not take the place of internal documents which may exist for similar purposes in the Member States.deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 77

(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 78

(78) The use of the European Certificate of Parenthood should not be mandatory. This means that persons entitled to apply for a European Certificate of Parenthood, namely the child or a legal representative, should be under no obligation to do so and should be free to present the other instruments available under this Regulation (a court decision or an authentic instrument) when requesting recognition in another Member State. However, no authority or person presented with a European Certificate of Parenthood issued in another Member State should be entitled to request that a court decision or an authentic instrument be presented instead of the European Certificate of Parenthood.deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 79

(79) The European Certificate of Parenthood should be issued in the Member State in which parenthood was established and whose courts have jurisdiction under this Regulation. It should be for each Member State to determine in its internal legislation which authorities are to have competence to issue the European Certificate of Parenthood, whether they be courts or other authorities with competence in matters of parenthood, such as, for example, administrative authorities, notaries or registrars. The Member States should communicate to the Commission the relevant information concerning the authorities empowered under national law to issue the European Certificate of Parenthood in order for that information to be made publicly available.deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 80

(80) Whilst the contents and the effects of national authentic instrument providing evidence of parenthood (such as a birth certificate or a parenthood certificate) vary depending on the Member State of origin, the European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects and should be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood designated by this Regulation. The evidentiary effects of the European Certificate of Parenthood should not extend to elements which are not governed by this Regulation, such as the civil status of the parents of the child whose parenthood is concerned. Whilst the language of a national authentic instrument providing evidence of parenthood is issued in the language of the Member State of origin, the European Certificate of Parenthood form annexed to this Regulation is available in all Union languages.deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 81

(81) The court or other competent authority should issue the European Certificate of Parenthood upon request. The original of the European Certificate of Parenthood should remain with the issuing authority, which should issue one or more certified copies of the European Certificate of Parenthood to the applicant or a legal representative. Given the stability of parenthood status in the vast majority of cases, the validity of the copies of the European Certificate of Parenthood should not be limited in time, without prejudice to the possibility to rectify, modify, suspend or withdraw the European Certificate of Parenthood as necessary. This Regulation should provide for redress against decisions of the issuing authority, including decisions to refuse to issue a European Certificate of Parenthood. Where the European Certificate of Parenthood is rectified, modified, suspended or withdrawn, the issuing authority should inform the persons to whom certified copies have been issued so as to avoid a wrongful use of such copies.deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 83

(83) The European electronic access point should allow natural persons or their legal representatives to ~~launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also allow them to~~ communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument on parenthood. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 86

(86) In order to ensure that the attestations provided for in Chapters IV and V ~~and the European Certificate of Parenthood provided for in Chapter VI~~ of this Regulation are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annexes I to V to this Regulation. 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 Interinstitutional Agreement of 13 April 2016 on Better Law-Making60. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives 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. _________________ 60 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 87

(87) Respect for international commitments entered into by the Member States means that this Regulation should not affect the application of international conventions to which one or more Member States are party at the time when this Regulation is adopted. To make the rules more accessible, the Commission should publish the list of the relevant conventions in the European e-Justice Portal on the basis of the information supplied by the Member States. Consistency with the general objectives of this Regulation requires, however, that this Regulation take precedence, as between Member States, over conventions concluded exclusively between two or more Member States in so far as such conventions concern matters governed by this Regulation.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 90

(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, Article 3 on the right to the integrity of the person, and Article 24 on the protection of the rights of the child.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 92

(92) In applying this Regulation, Member State courts or other competent authorities may need to process personal data for the purposes of the establishment of parenthood in cross-border situations and of the recognition of parenthood between Member States. This entails the processing of personal data for the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, ~~the issuance of a European Certificate of Parenthood,~~ the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood. Personal data processed by Member State courts or other competent authorities pursuant to this Regulation are contained in the documents handled by Member State courts or other competent authorities for the above purposes. Personal data processed will in particular concern children, their parents and their legal representatives. The personal data handled by Member State courts or other competent authorities should be processed in accordance with applicable data protection legislation, in particular the GDPR. In addition, in applying this Regulation, the Commission may need to process personal data in connection with the electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities ~~to request, receive and send a European Certificate of Parenthood, or~~ in proceedings concerning the recognition or the refusal of recognition of parenthood, through the European electronic access point in the context of the decentralised IT system. The personal data handled by the Commission should be processed in accordance with the EUDPR.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Recital 95

(95) For the purposes of the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, ~~the issuance of a European Certificate of Parenthood,~~ the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood, Member State courts or other competent authorities empowered by the Member States to apply this Regulation should be regarded as controllers within the meaning of Article 4, point 7 of the GDPR. For the purposes of the technical management, development, maintenance, security and support of the European electronic access point, and of the communication between natural persons or their legal representatives and Member State courts or other competent authorities through the European electronic access point and the decentralised IT system, the Commission should be regarded as controller within the meaning of Article 3, point 8 of the EUDPR. Controllers should ensure the security, integrity, authenticity and confidentiality of the data processed for the above purposes.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 1 – paragraph 1

This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; and common rules for the recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State~~; and creates a European Certificate of Parenthood~~.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 3 – paragraph 2 – point e a (new)

(ea) parent-child relationships in which the child was conceived through a surrogate pregnancy, as defined in point 1 a of paragraph 1 of Article 4. Exclusion from the scope of this regulation shall apply in the same manner for cases in which a surrogate pregnancy has been carried out in a Member State or in a third country and then established and recognised in a Member State.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)

1a. 'Surrogate pregnancy' means a form of assisted reproduction in which a woman is contractually obliged to proceed with a pregnancy on behalf of third parties, intending or commissioning parents, either free of charge or for a consideration.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 10 – paragraph 2

2. The non-definitive determination of an incidental question pursuant to paragraph 1 shall produce effects only in the proceedings for which that determination was made and may be used as evidence in pending related actions.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 16

~~16 Any law designated as applicable by this Regulation shall be applied whether Any law designated as applicable by this Regulation shall be applied whether~~Article 16 deleted or not it is the law of a Member State.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 19 – paragraph 1

Where parenthood has been definitively established in a Member State pursuant to this Regulation, a subsequent change of the applicable law shall not affect the parenthood already established.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 22 – paragraph 2

2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination and Article 3 on the right to the integrity of the person.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 24 – paragraph 1

1. AWithin the limits provided for in paragraph 1 of Article 31 and cases where Article 41 a applies, a court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 27 – paragraph 1

1. If the documents specified in Article 26(1) are not produced, the court or other competent authority before which a court decision given in another Member State is invoked may specify a time for its production, accept equivalent documents ~~or, if it considers that it has sufficient information before it, dispense with its production~~.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 29 – paragraph 4

4. ~~No challenge shall lie against the issuance of~~The law of the Member State of origin shall apply to the procedure for contesting the attestation.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 2

2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination and Article 3 on the right to the integrity of the person.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 32 – paragraph 7 – point b

~~(b) it considers it unreasonable to require the applicant to provide them.~~deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 36 – paragraph 1

AWithin the limits provided for in paragraph 1 of Article 39 and cases where Article 41 a applies, authentic instruments establishing parenthood with binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 39 – paragraph 2

2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination and Article 3 on the right to the integrity of the person.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 40

40 The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed.The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out inArticle 40 deleted Articles 6 to 9.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 41

41 Under no circumstances may a court decision given in another Member State, or an authentic instrument establishing parenthood with binding legal effect in the Member State of origin, be reviewed Under no circumstances may a court decision given in another Member State, or an authentic instrument establishing parenthood with binding legal effect in the Member State of origin, be reviewArticle 41 deleted as to their substance.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 41 a (new)

Article 41 a Disapplication Member States that, on the date of entry into force of this regulation, have established suitable legislation to ensure that children's rights are fully upheld and that the parent-child relationship of children born abroad is recognised by means of instruments other than that recognising judicial decisions or binding public decisions made in other Member States may disapply the recognition rules laid down in this chapter. To that end, the Member State's competent public authority shall issue a communication to the Commission within six months of the regulation's entry into force explaining how the relevant national legislation ensures that the principles of non-discrimination and of the best interests of the child.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 45 – paragraph 1

1. An authentic instrument which has no binding legal effect in the Member State of origin shall have ~~the same~~ evidentiary effects ~~in another Member State as it has in the Member State of origin~~, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 45 – paragraph 2

2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination and Article 3 on the right to the integrity of the person.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 46

Creation of a European Certificate of 1. This Regulation creates a European Certificate of Parenthood (‘the Certificate’) which shall be issued for use in another Member State and shall produce the effects listed in Article 53. 2. The use of the Certificate shall not be mandatory. 3. The Certificate shall not take the place of internal documents used for similar purposes in the Member States. However, once issued for use in another Member State, the Certificate shall also produce the effects listed in Article 53 in the Member State whose authorities issued it in accordance with this Chapter.Article 46 deleted Parenthood

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 47

47 The Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’s The Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’sArticle 47 deleted parenthood status.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 48

1. The Certificate shall be issued in the Member State in which parenthood was established and whose courts, as defined in Article 4(4), have jurisdiction under Article 6, Article 7 or Article 9. 2. The issuing authority, as communicated to the Commission pursuant to Article 71, of the Member State referred to in paragraph 1 shall be: (a) a court as defined in Article 4(4); or (b) another authority which, under national law, has competence to deal with parenthood matters.Article 48 deleted Competence to issue the Certificate

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 49

Application for a Certificate 1. The Certificate shall be issued upon application by the child (‘the applicant’) or, where applicable, a legal representative. 2. For the purposes of submitting an application, the applicant may use the form established in Annex IV. 3. The application shall contain the information listed below, to the extent that such information is within the applicant’s knowledge and is necessary in order to enable the issuing authority to certify the elements which the applicant wants certified, and shall be accompanied by all relevant documents either in the original or by way of copies which satisfy the conditions necessary to establish their authenticity, without prejudice to Article 50(2): (a) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address; (b) if applicable, details concerning the legal representative of the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), address and representative capacity; (c) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address; (d) the place and Member State where the parenthood of the child is registered; (e) the elements on which the applicant founds parenthood, appending the original or a copy of the document(s) establishing parenthood with binding legal effect or providing evidence of the parenthood; (f) the contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State; (g) a declaration stating that, to the applicant’s best knowledge, no dispute is pending relating to the elements to be certified; (h) any other information which the applicant deems useful for the purposes of the issuance of the Certificate.rticle 49 deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 50

1. Upon receipt of the application, the issuing authority shall verify the information and declarations and the documents and other evidence provided by the applicant. It shall carry out the enquiries necessary for that verification of its own motion where this is provided for or authorised by its national law, or shall invite the applicant to provide any further evidence which it deems necessary. 2. Where the applicant has been unable to produce copies of the relevant documents which satisfy the conditions necessary to establish their authenticity, the issuing authority may decide to accept other forms of evidence. 3. Where this is provided for by its national law and subject to the conditions laid down therein, the issuing authority may require that declarations be made on oath or by a statutory declaration in lieu of an oath. 4. For the purposes of this Article, the competent authority of a Member State shall, upon request, provide the issuing authority of another Member State with information held, in particular, in the civil, personal or population registers and other registers recording facts of relevance for the parenthood of the applicant, where that competent authority would be authorised, under national law, to provide another national authority with such information.Article 50 deleted Examination of the application

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 51

1. The issuing authority shall issue the Certificate without delay in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V. The issuing authority shall not issue the Certificate in particular if: (a) the elements to be certified are being challenged; or (b) the Certificate would not be in conformity with a court decision covering the same elements. 2. The fee collected for issuing a Certificate shall not be higher than the fee collected for issuing a certificate under national law providing evidence of the parenthood of the applicant.Article 51 deleted Issuance of the Certificate

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 52

The Certificate shall contain the following information, as applicable: (a) the name, address and contact details of the Member State’s issuing authority; (b) if different, the name, address and contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State; (c) the reference number of the file; (d) the date and place of issue; (e) the place and Member State where the parenthood of the child is registered; (f) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address; (g) if applicable, details concerning the legal representative of the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), address and representative capacity; (h) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address; (i) the elements on the basis of which the issuing authority considers itself competent to issue the Certificate; (j) the law applicable to the establishment of parenthood and the elements on the basis of which that law has been determined; (k) a statement informing Union citizens and their family members that the Certificate does not affect the rights that a child derives from Union law and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means; (l) signature and/or stamp of the issuing authority.Article 52 deleted Contents of the Certificate

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 53

1. The Certificate shall produce its effects in all Member States without any special procedure being required. 2. The Certificate shall be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood. The person mentioned in the Certificate as the child of a particular parent or parents shall be presumed to have the status mentioned in the Certificate. 3. The Certificate shall constitute a valid document for the recording of parenthood in the relevant register of a Member State, without prejudice to point (i) of Article 3(2).Article 53 deleted Effects of the Certificate

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 54

1. The issuing authority shall keep the original of the Certificate and shall issue one or more certified copies to the applicant or a legal representative. 2. The issuing authority shall, for the purposes of Articles 55(3) and 57(2), keep a list of persons to whom certified copies have been issued pursuant to paragraph 1.Article 54 deleted Certified copies of the Certificate

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 55

Rectification, modification or withdrawal 1. The issuing authority shall, at the request of any person demonstrating a legitimate interest or of its own motion, rectify the Certificate in the event of a clerical error. 2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate. 3. The issuing authority shall inform without delay all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any rectification, modification or withdrawal thereof.Article 55 deleted of the Certificate

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 56

1. Decisions taken by the issuing authority pursuant to Article 51 may be challenged by the applicant for a Certificate or a legal representative. Decisions taken by the issuing authority pursuant to Article 55 and point (a) of Article 57(1) may be challenged by any person demonstrating a legitimate interest. The challenge shall be lodged before a court in the Member State of the issuing authority in accordance with the law of that Member State. 2. If, as a result of a challenge as referred to in paragraph 1, it is established that the Certificate issued is not accurate, the competent court shall rectify, modify or withdraw the Certificate or ensure that it is rectified, modified or withdrawn by the issuing authority. If, as a result of a challenge as referred to in paragraph 1, it is established that the refusal to issue the Certificate was unjustified, the competent court shall issue the Certificate or ensure that the issuing authority re-assesses the case and makes a fresh decision.Article 56 deleted Redress procedures

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 57

Suspension of the effects of the Certificate 1. The effects of the Certificate may be suspended by: (a) the issuing authority, at the request of any person demonstrating a legitimate interest, pending a modification or withdrawal of the Certificate pursuant to Article 55; or (b) the court, at the request of any person entitled to challenge a decision taken by the issuing authority pursuant to Article 56, pending such a challenge. 2. The issuing authority or, as the case may be, the court shall without delay inform all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any suspension of the effects of the Certificate. During the suspension of the effects of the Certificate no further certified copies of the Certificate may be issued.Article 57 deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 58 – paragraph 1 – point b

~~(b) the application for, issuance, rectification, modification, withdrawal, suspension or redress procedures of the European Certificate of Parenthood.~~deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 66 – paragraph 2

2. However, this Regulation shall, as between Member States, take precedence over conventions concluded exclusively between two or more of them in so far as such conventions concern matters governed by this Regulation.deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 68 – paragraph 1

1. The personal data required for the application of this Regulation shall be processed by Member State courts or other competent authorities for the purposes of the establishment of parenthood in cross- border situations and of the recognition of parenthood, in connection with the establishment of parenthood pursuant to Chapter II, the issuance of attestations pursuant to Articles 29, 37 and 45, ~~the issuance of a European Certificate of Parenthood pursuant to Article 51,~~ the presentation of the documents for the recognition of parenthood pursuant to Article 26, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood pursuant to Article 25, or the application for refusal of recognition of parenthood pursuant to Article 32.

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 70 – paragraph 2 – point d

~~(d) the number of European Certificates of Parenthood issued; an~~deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Proposal for a regulation
Article 71 – paragraph 1 – point d

~~(d) the courts and authorities competent to issue the European Certificate of Parenthood pursuant to Article 51, and the courts competent to deal with the redress procedures referred to in Article 56.~~deleted

2023/07/20
Committee: JURI

2022/0402(CNS)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Annex IV

~~[...]~~deleted

2023/07/19
Committee: JURI

2022/0396(COD)

Proposal for a regulation
Recital 7

(7) The Council underlined in its Conclusions of December 202038, that the revision of Directive 94/62/EC should update and establish more concrete, effective and easy to implement provisions to facilitate sustainable packaging in the internal market and minimise the complexity of packaging in order to foster economically feasible solutions, to improve the reusability and recyclability as well as minimise substances of concern in packaging materials, especially concerning food packaging materials, and to provide for labelling packaging in an easily understandable way to inform consumers about its recyclability and where its waste should be discarded to facilitate sorting and recycling. At the same time it noted that hygiene and food safety standards have to be respected. _________________ 38 https://data.consilium.europa.eu/doc/docu ment/ST-13852-2020-INIT/en/pdf

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Recital 8

(8) The European Parliament’s Resolution of 10 February 2021 on the New Circular Economy Action Plan39reiterated the objective of making all packaging reusable or recyclable in an economically viable way by 2030 and called on the Commission to present a legislative proposal including waste reduction measures and targets and ambitious essential requirements in the Packaging and Packaging Waste Directive to reduce excessive packaging, including in e-commerce, improve recyclability and minimise the complexity of packaging, increase recycled content, phase out hazardous and harmful substances, and promote re-use. In addition, it stressed that food safety or hygiene standards must not be compromised. _________________ 39 https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0040_EN.html

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Recital 11

(11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product. However, in light of the ~~disposal behaviour of consumers regarding~~ tea and coffee bags as well as ~~coffee or tea~~ system single-serve units, which in practice are disposed of together with the product residue ~~leading to the contamination of compostable and recycling streams, those specific items~~ should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41. Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging. _________________ 41 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

2023/05/12
Committee: ENVI

Proposal for a regulation
Recital 20

(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging, while ensuring marketing and consumer acceptance. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging ensuring marketing and consumer acceptance, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.

2023/05/12
Committee: ENVI

Proposal for a regulation
Recital 22

(22) In order to establish harmonised rules on packaging design to ensure its recyclability while ensuring packaging performs all its functions and ensuring marketing and consumer acceptance, the power to adopt delegated acts should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation. In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2035. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling.

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. From 1 January 2040, ~~the~~ plastic ~~part in~~ packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste~~, per unit of packaging~~:

2023/06/05
Committee: IMCO

2022/0396(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Restrictions on use of certain packaging 1. Economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V. 2. paragraph 1, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 3 of Annex V as of 1 January 2030. 3. economic operators from point 3 of Annex V if they comply with the definition of micro-company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation], and where it is not technically feasible not to use packaging or to obtain access to infrastructure that is necessary for the functioning of a reuse system. 4. empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.Article 22 deleted formats By way of derogation from Member States may exempt The Commission shall be

2023/06/05
Committee: IMCO

2022/0396(COD)

Proposal for a regulation
Recital 103

(103) Deposit and return systems should be obligatory for single use plastic beverage bottles and metal beverage containers. Member States might also decide to include other packaging in these systems, in particular single use glass bottles, and should ensure that deposit and return systems for single-use packaging formats, in particular for single use glass beverage bottles, are equally available for reusable packaging, where technically and economically feasible. They should consider establishing deposit and return systems also for reusable packaging. In such situations, a Member State should be allowed, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum requirements set out in this Regulation.

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Recital 141 a (new)

(141a) For the sake of clarity for food business operators, the nomenclature codes referred to food categories mentioned in Article 26 and Article 44 are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/871 and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to all packaging, with the exception of packaging approved for the transport of dangerous goods regardless of the material used, and to all packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households.

2023/05/12
Committee: ENVI

Silvia SARDONE, Marco CAMPOMENOSI, Maria Veronica ROSSI, Paola GHIDONI, Elisabetta DE BLASIS, Stefania ZAMBELLI, Matteo ADINOLFI, Alessandra BASSO, Antonio Maria RINALDI

Silvia SARDONE, Marco CAMPOMENOSI, Maria Veronica ROSSI, Paola GHIDONI, Elisabetta DE BLASIS, Stefania ZAMBELLI, Matteo ADINOLFI, Alessandra BASSO, Antonio Maria RINALDI

Proposal for a regulation
Article 7 – paragraph 1 – point b

(b) 10 % for contact sensitive plastic packaging made from plastic materials other than PET, except single use plastic beverage bottles;

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)

Targets per material shall be calculated as a percentage of the total number of units placed by a producer on the internal market.

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. From 1 January 2040, ~~the~~ plastic ~~part in~~ packaging shall contain the following minimum percentage of recycled content recovered from pre-consumer or post- consumer plastic waste~~, per unit of packaging~~:

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)

Targets per material shall be calculated as a percentage of the total number of units placed by a producer on the internal market.

2023/05/12
Committee: ENVI

2022/0396(COD)

Silvia SARDONE, Marco CAMPOMENOSI, Maria Veronica ROSSI, Paola GHIDONI, Elisabetta DE BLASIS, Stefania ZAMBELLI, Matteo ADINOLFI, Alessandra BASSO, Antonio Maria RINALDI, Gianna GANCIA, Rosanna CONTE, Danilo Oscar LANCINI, Elena LIZZI, Valentino GRANT

Proposal for a regulation
Article 7 – paragraph 3 – point b

(b) ~~contact sensitive plastic~~ packaging of medical devices covered by Regulation (EU) 2017/745;

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point c

(c) ~~contact sensitive plastic~~ packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746;

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 4

4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging. as well as to inks, adhesives, varnishes and coatings used on packaging. Compostable packaging can be placed on the market providing the presence of a minimum content of renewable raw material determined as percentage of carbon of biological origin present in packaging compared to the total carbon present therein and using for this purpose the current European standard on the subject based on radiocarbon methods EN 16640. Agricultural biomass used for the manufacture of compostable packaging complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001. Forest biomass used for the manufacture compostable packaging complies with the criteria laid down in Article 29, paragraphs 6 and 7 of that Directive.

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 4 a (new)

4a. By 12 months from the entry into force of this Regulation, compostable packaging shall contain a minimum content of renewable raw material of at least 60%.

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 4 b (new)

4b. Paragraphs 1 and 2 shall not apply to innovative packaging as defined at article 3 para 37.

2023/05/12
Committee: ENVI

Silvia SARDONE, Marco CAMPOMENOSI, Maria Veronica ROSSI, Paola GHIDONI, Elisabetta DE BLASIS, Stefania ZAMBELLI, Matteo ADINOLFI, Alessandra BASSO, Antonio Maria RINALDI, Gianna GANCIA, Rosanna CONTE, Danilo Oscar LANCINI, Elena LIZZI, Valentino GRANT

Silvia SARDONE, Marco CAMPOMENOSI, Maria Veronica ROSSI, Paola GHIDONI, Elisabetta DE BLASIS, Stefania ZAMBELLI, Matteo ADINOLFI, Alessandra BASSO, Antonio Maria RINALDI

Proposal for a regulation
Article 22 – paragraph 4

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste and improving the overall environmental outcomes in line with paragraph 2 of Article 4 of Directive 2008/98/EC. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific non-recyclable packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Article 26

~~[...]~~deleted

2023/05/12
Committee: ENVI

2022/0396(COD)

Proposal for a regulation
Article 27

~~[...]~~deleted

2023/05/26
Committee: ENVI

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT

Proposal for a regulation
Article 35 – paragraph 3

3. Representatives of the Commission or experts nominated by the Commission may carry out on-site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods.deleted

2023/03/31
Committee: IMCO

Alessandra BASSO, Gunnar BECK

Proposal for a directive
Article 3 – paragraph 1 – point 1

1. ‘public participation’ means any statement or activity by a natural or legal person expressed or carried out in the exercise of the right to freedom of expression and information on a matter of public interest~~, and preparatory, supporting or assisting action directly linked thereto~~. This includes complaints, petitions, administrative or judicial claims and participation in public hearings;

2023/04/11
Committee: JURI

Proposal for a regulation
Article 21 – paragraph 9

~~9. The Office may share the notice of comment with the applicant and the opponent.~~deleted

2022/11/11
Committee: JURI

2022/0115(COD)

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 60 – paragraph 1 – point 7 – point b

Regulation (EU) 2019/1753
Article 7 – paragraph 2

In respect of craft and industrial geographical indications, the decision whether to grant protection shall be adopted by the Office~~, or, in cases referred to in Article 25 of Regulation (EU) 2022/…, by the Commission.~~. The related implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).

2022/11/11
Committee: JURI

Proposal for a regulation
Article 32 – paragraph 1

1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, intermediate processors and final processors, as specified by the national authorities and according to the nature of the product concerned. Member States shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the works of the producer group. Member States may also establish credit or tax measures in favour of producers to set up the producer group proposing the registration of a geographical indication and to finance the costs of the registration procedure, as well as the costs of litigation necessary to protect the use of the geographical indications against any misuse, imitation, evocation or any other practice liable to mislead the consumer.

2022/11/28
Committee: JURI

Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impact.deleted

2022/12/08
Committee: JURI

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2

In the assessment of the existence and extent of liability ~~under this paragraph,~~ , due account shall be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, as well as any collaboration with other entities to address adverse impacts in its ~~value~~supply chains.

2022/12/08
Committee: JURI

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3

3. The civil liability of a company for damages arising under this provision shall be without prejudice to the civil liability of its subsidiaries or of any ~~direct and indirect~~ business partners in the ~~value~~supply chain.

2022/12/08
Committee: JURI

2022/0051(COD)

Proposal for a directive
Article 24

~~Member States shall ensure that companies applying for public support certify that no sanctions have been imposed on them for a failure to comply with the obligations of this Directive.~~Article 24 deleted Public support

2022/12/08
Committee: JURI

2022/0051(COD)

Proposal for a directive
Article 25

1. Member States shall ensure that, when fulfilling their duty to act in the best interest of the company, directors of companies referred to in Article 2(1) take into account the consequences of their decisions for sustainability matters, including, where applicable, human rights, climate change and environmental consequences, including in the short, medium and long term. 2. Member States shall ensure that their laws, regulations and administrative provisions providing for a breach of directors’ duties apply also to the provisions of this Article.Article 25 deleted Directors’ duty of care

2022/12/08
Committee: JURI

2022/0051(COD)

Proposal for a directive
Article 26

Setting up and overseeing due diligence 1. Member States shall ensure that directors of companies referred to in Article 2(1) are responsible for putting in place and overseeing the due diligence actions referred to in Article 4 and in particular the due diligence policy referred to in Article 5, with due consideration for relevant input from stakeholders and civil society organisations. The directors shall report to the board of directors in that respect. 2. Member States shall ensure that directors take steps to adapt the corporate strategy to take into account the actual and potential adverse impacts identified pursuant to Article 6 and any measures taken pursuant to Articles 7 to 9.Article 26 deleted

2022/12/08
Committee: JURI

2022/0051(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a directive
Article 29 – paragraph 1 – point d a (new)

(da) the impact of the Directive on SMEs, as well as the availability of adequate accompanying measures, supporting tools and guidelines.

2022/12/08
Committee: JURI

2022/0032(COD)

Proposal for a regulation
Recital 29

(29) In light of the structural deficiencies of the semiconductor supply chain and the resulting risk of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions. The long-term objective of the monitoring exercise enshrined under this Regulation should be a shift from crisis mitigation to crisis prevention.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
Recital 30

(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessary to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States, in close coordination with relevant stakeholders, should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors,. The monitoring activity shall be targeted and purpose driven in such a way that it would not represent an excessive administrative burden for undertakings nor jeopardize confidentiality requirements .Information collected within the scope of this exercise shall be consistent, comparable at EU level and paced in line with evolving global developments. In this regard the Commission may provide guidance in order to avoid excessive defragmentation in the set-up of national monitoring mechanisms.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
Recital 35

(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commission. Strategic mapping shall complement the monitoring activity under this Regulation and should serve the objective of understanding long-term interdependencies across the supply chain.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
Recital 37

(37) In order to forecast 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, identify early warning indicators in the Union risk assessment. Such indicators could include the availability of raw materials, intermediate products and human capital needed for manufacturing semiconductors, or appropriate manufacturing equipment, 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. A strong involvement of the industry in the monitoring of identified indicators should be a prerequisite for earlier qualitative assessment and simulation of potential shortages.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
Recital 42

(42) The semiconductor crisis stage should be triggered as last resort in the presence of concrete, serious, and reliable evidence of such a crisis. A semiconductor crisis occurs in case of serious disruptions to the supply of semiconductors leading to significant shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, given that the Union’s industrial sectors represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
Recital 43

(43) In order to ensure an agile and effective response to such a semiconductor crisis, the Commission should be empowered to activate the crisis stage by means of an implementing acts and for a predetermined duration period, taking into account the opinion of the European Semiconductor Board. The Commission should assess the need for prolongation and prolong the duration of the crisis stage for a predetermined period, should such a necessity be ascertained, taking into account the opinion of the European Semiconductor Board. Equally, should supply chain recovery conditions be ascertained, the Commission, in accordance with the European Semiconductor Board, should assess the possibility of ending the crisis stage and related measures in advance.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
Article 1 – paragraph 1 – point c

(c) setting up a coordination mechanism between the Member States ~~and~~, the Commission as well as key market actors and relevant end user industries for monitoring the supply of semiconductors and crisis response to semiconductor shortages.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
Article 2 – paragraph 1 – point 16

(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, the defence sector ~~and other~~, activities that are relevant for public safety and security as well as any other activity or sector of strategic economic importance for Member States;

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
Article 15 – paragraph 2

2. Member States shall invite the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updates. In doing so, Member States shall consult relevant end user industries with a view to build the necessary mechanisms on existing industry best monitoring practices.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
Article 16 – paragraph 2

2. The Commission shall review the Union risk assessment including the early warning indicators as necessary, including upon indication of the European Semiconductor Board.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
Article 18 – paragraph 3 a (new)

3 a. During the crisis stage the Commission shall, upon request from a Member State or on its own initiative, equally assess whether advance termination of crisis stage should be considered. Where the assessment concludes that earlier termination is appropriate, the Commission may conclude activation after consulting the European Semiconductor Board.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Virginie JORON, Markus BUCHHEIT, Jean-Lin LACAPELLE

Proposal for a regulation
Article 19 – paragraph 4

4. The use of the measures referred to in paragraph 1 shall be proportionate and restricted to what is necessary for addressing serious disruptions of vital societal functions or strategic economic activities in the Union and must be in the best interest of the Union. The use of these measures shall avoid placing disproportionate administrative burden on SMEs.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON

Proposal for a regulation
Article 19 – paragraph 6

6. The Commission ~~may~~shall, after consulting the European Semiconductor Board, issue guidance on the implementation and the use of the emergency measures.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
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-relevant products for certain critical sectors or strategic economic activities in the Union (‘common purchasing’).

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
Article 22 – paragraph 2

2. The Commission shall, in consultation with the European Semiconductor Board, assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board without undue delay and give reasons for its refusal.

2022/09/19
Committee: IMCO

2022/0032(COD)

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Virginie JORON, Jean-Lin LACAPELLE

Proposal for a regulation
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 may have the ability and responsibility, on behalf of all participating Member States, to enter into contracts with economic operators, including individual producers of crisis- relevant 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. The Commission shall keep Member States duly informed of the progress of the procurement procedure.

2022/09/19
Committee: IMCO

2021/2180(INI)

Gilles LEBRETON, Gunnar BECK, Jean-Paul GARRAUD, Alessandra BASSO, Angel DZHAMBAZKI

Draft opinion
Paragraph 2

2. Recalls that respect for the rule of law ~~entails compliance with EU primary and secondary law, and~~has nothing to do with compliance with the ~~core~~alleged principle of the primacy of EU law;

2022/01/21
Committee: JURI

2021/2180(INI)

Gilles LEBRETON, Gunnar BECK, Jean-Paul GARRAUD, Alessandra BASSO, Angel DZHAMBAZKI

Draft opinion
Paragraph 5

5. ~~Welcomes~~Takes note of the Commission’s second Rule of Law Report (‘the Report’) and ~~considers that the periodic review of the state of the rule of law is of great significance and is an essential monitoring tool; welcom~~stresses the importance that it rightly places on justice systems; stresses that effectiveness, independence ~~and~~, efficiency a~~re three~~nd neutrality are four characteristics of justice systems which are equally essential for upholding the rule of law and which constitute the basis for mutual trust within the EU’s area of freedom, security and justice; notes the need for lawyers, judges and prosecutors to be able to exercise their functions with full autonomy and independence, without interference from any other institution or body, in accordance with the principle of the separation of powers; argues that this is an indispensable condition for ensuring equality and the protection of citizens’ rights under the law; with regard to judges specifically, emphasises that the politicisation of some of their unions undermines their neutrality and credibility;

2022/01/21
Committee: JURI

2021/2180(INI)

Gilles LEBRETON, Gunnar BECK, Jean-Paul GARRAUD, Alessandra BASSO, Angel DZHAMBAZKI

Draft opinion
Paragraph 7

7. Welcomes the fact that lawyers are now part of the EU Justice Scoreboard’s questionnaire; stresses that independent lawyers are also essential to independent justice systems; reiterates the need for lawyers and the judiciary to be highly qualified ~~and regularly trained in the rule of law and in EU law in general, and calls on the Commission to extend the scope of its next Report to include this area~~;

2022/01/21
Committee: JURI

2021/2180(INI)

Gilles LEBRETON, Gunnar BECK, Alessandra BASSO, Angel DZHAMBAZKI

Draft opinion
Paragraph 8

8. Is deeply preoccupied by the fact that judicial independence continues to be an issue of serious concern in some Member States; cwonde~~mns the continued political attacks on the independence of judiciary,~~rs why the primacy of EU law and the implementation of the CJEU’s rulings in Hungary and Poland; notes with deep regret that these attacks have been worsening since the publication of the Report and often target judges and prosecutors who have contested the backsliding on judicial independencethe Czech Republic, Denmark, France, Germany, Hungary, Italy, Poland, Romania and Spain keep being called into question;

2022/01/21
Committee: JURI

2021/2180(INI)

Gilles LEBRETON, Gunnar BECK, Jean-Paul GARRAUD, Alessandra BASSO

Draft opinion
Paragraph 9

9. Defends the position that the principle of the separation of powers is essential to the proper functioning of justice systems across the EU and requires institutional structures where not only judges but also prosecution services are independent from ~~undue~~ political pressure;

2022/01/21
Committee: JURI

2021/2180(INI)

Gilles LEBRETON, Gunnar BECK, Jean-Paul GARRAUD, Alessandra BASSO, Angel DZHAMBAZKI

Draft opinion
Paragraph 10

10. Welcomes the opinion of the Advocate General of the CJEU of 2 December 2021 to dismiss the action for annulment lodged by Hungary and Poland in March 2021 against Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget1; applauds the continued, thorough and consistent defence by the CJEU of the rule of law; _________________ 1 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433 I, 22.12.2020, p. 1.deleted

2022/01/21
Committee: JURI

2021/2180(INI)

Gilles LEBRETON, Gunnar BECK, Jean-Paul GARRAUD, Alessandra BASSO, Angel DZHAMBAZKI

Draft opinion
Paragraph 11

11. Considers that the language of the horizontal part of the Report is inadequate as regards the systematic character of the attacks on the independence of justice systems in Hungary and Poland; reiterates its calls on the Commission to provide a meaningful and easily readable comparison between the different national justice systems as regards the situation of the rule of law;deleted

2022/01/21
Committee: JURI

2021/2180(INI)

Gilles LEBRETON, Gunnar BECK, Jean-Paul GARRAUD, Alessandra BASSO, Angel DZHAMBAZKI

Draft opinion
Paragraph 12

12. Urges the Commission, furthermore, to make robust use of its toolkit, including infringement procedures and the conditionality mechanism, where appropriate, to quickly and efficiently address any backsliding on the rule of law in national justice systems;deleted

2022/01/21
Committee: JURI

2021/2180(INI)

Gilles LEBRETON, Gunnar BECK, Jean-Paul GARRAUD, Alessandra BASSO, Angel DZHAMBAZKI

Draft opinion
Paragraph 13

13. Urges the Council to resume all pending procedures under Article 7(1) TEU and to inform Parliament thereof; underlines that any further delaying of such action would amount to a breach of the rule of law principle by the Council itselfNotes the state of play at the Council with regard to the procedures under Article 7(1) TEU;

2022/01/21
Committee: JURI

2021/2166(INI)

Gilles LEBRETON, Jean-Paul GARRAUD, Alessandra BASSO

Motion for a resolution
Recital C

C. whereas better law-making must aim to serve the EU’s political ambitions, especially its long-term objectives, such as social progress and the binding objective of Union climate neutrality by 2050, and the long-term priority objective for 2050 that citizens live well, within the limits of our planet;and its Member States' political ambitions whereas sustainability should be at the heart of quality law-making, placing social, environmental and economic considerations on an equal footing;

2022/03/09
Committee: JURI

2021/2166(INI)

Gilles LEBRETON, Jean-Paul GARRAUD, Alessandra BASSO

Motion for a resolution
Recital I

I. whereas the Treaties grant Parliament the direct right of initiative only in very limited cases; whereas Parliament has called for increasing its right of initiative in its resolution on Parliament’s right of initiative; whereas under the principle of parallelism of procedures, a right of initiative for the other co- legislator, the Council, should also be considered;

2022/03/09
Committee: JURI

2021/2166(INI)

Gilles LEBRETON, Jean-Paul GARRAUD, Alessandra BASSO

Motion for a resolution
Paragraph 9

9. Takes note of the use of instruments such as the regulatory fitness and performance programme (REFIT) and the ‘Fit for Future’ Platform to identify opportunities for simplification and reducing unnecessary costs before the Commission proposes a revision, while scrupulously respecting the constitutional traditions of the Member States and while ensuring the highest standards of protection and enhancing compliance with EU law; recalls that the ‘Fit for Future’ platform’s role is also to assess whether specific Union legislation and its objectives remain future-proof and adapted to new challenges;

2022/03/09
Committee: JURI

2021/2103(INI)

Gunnar BECK, Alessandra BASSO

Draft opinion
Paragraph 1 a (new)

1a. Notes that Article 15 of the Treaty on the Functioning of the European Union recognises civil society's role in the EU's good governance, and Article 11 of the Treaty on European Union stresses the need for the EU to have an open, transparent and regular dialogue with civil society organisations, e.g. when preparing proposals for EU laws; concludes that the EU has the most fertile legislative environment for non-profit actors to thrive;

2021/11/11
Committee: JURI

2021/2103(INI)

Draft opinion
Paragraph 1 b (new)

1b. Recalls that the survey conducted by Civil Society Europe reporting the alleged shrinking civic space in Europe, relies solely on self-assessments and perceptions of the civil society sector itself, which may make the report prone to self-report bias;

2021/11/11
Committee: JURI

2021/2103(INI)

Draft opinion
Paragraph 3

3. Condemns all attempts by Member States ~~to control~~discriminate between civil society actors ~~and discriminate between them on a political basis, including by over-regulating the sector~~on a political basis;

2021/11/11
Committee: JURI

2021/2103(INI)

Draft opinion
Paragraph 4

4. Strongly condemns, in particular, the adoption by Hungarian and Polish authorities of acts that restrict the access of non-governmental organisations to funding and that target LGBTIQ+ persons and activists; Regrets the political decision of the allegedly impartial Court of Justice of the European Union, which has recently ruled that Hungary´s attempt to bring non-profit organisations under the scope of its national Anti-Money Laundering rules violated the free movement of capital1a; recalls that Recommendation 8 of the FATF, Europol, Eurojust, Moneyval and various reports of the European Court of Auditors2a and national competent authorities3a warn about the use of NGOs as fronts for terrorist financing or money-laundering vehicles. _________________ 1a Judgment of the Court of Justice of 18 June 2020, European Commission v Hungary, C-78/18. 2a European Court of Auditors’ Special Report No 35/2018 of 18 December 2018 entitled ‘Transparency of EU funds implemented by NGOs: more effort needed’. 3a 2017 Annual Report of the Maltese Commissioner for Voluntary Organisations.

2021/11/11
Committee: JURI

2021/2103(INI)

Draft opinion
Paragraph 5

5. ~~Deplores the insufficient efforts of Member States to facilitate and guarantee access to stable long-term funding for civil society actors~~Believes that the lavish funding at EU level for civil society actors might dissuade Member States from providing funding of their own; underlines that most civil society actors are exempt from anti-money laundering and transparency requirements, both at EU and national level; whereas this lack of transparency might discourage Member States from providing long-term funding;

2021/11/11
Committee: JURI

2021/2103(INI)

Draft opinion
Paragraph 8

8. ~~Condemns the increasing criminalisation and judicial harassment of civil society actors; i~~Is concerned about the growing use of strategic lawsuits against public participation (SLAPPs) by powerful public and private actors, ~~and strongly recommends the adoption of an anti-SLAPPs directive~~but underlines that any legislative initiative curbing the use of SLAPPs should not exempt civil society actors from protsecuti~~ng all parties legitimately engaging in public participation~~on, or lead to de facto legal immunity;

2021/11/11
Committee: JURI

2021/2103(INI)

Draft opinion
Paragraph 9

9. ~~Supports the Commission in launching infringement procedures against Member States that unduly~~Underlines that disproportionate restrictions of the freedoms of assembly and association by Member States can lead to launching infringement procedures;

2021/11/11
Committee: JURI

2021/2103(INI)

Draft opinion
Paragraph 10

~~10. Supports the creation of an EU alert mechanism for attacks on civil society;~~deleted

2021/11/11
Committee: JURI

2021/2103(INI)