Activities of Carlo CALENDA
Plenary speeches (6)
Foreign electoral interference and disinformation in national and European democratic processes (debate)
EU steel sector: how to protect European workers and industries? (debate)
EU steel sector: how to protect European workers and industries? (debate)
A New Industrial Strategy for Europe (short presentation)
The state of play of the EU’s COVID-19 Vaccination Strategy (continuation of debate)
Revised industrial strategy for Europe (debate)
Reports (1)
REPORT on a New Industrial Strategy for Europe
Written questions (24)
Exemption from EU legislation for the conversion of blast furnaces
Failure to suspend the zero-duty import regime for rice from Cambodia
Problems relating to territorial continuity in Sardinia – possible special compensation
Situation on the border between Greece and Turkey
Urgent action needed for manufacturers: the non-road mobile machinery case
Standardisation process
Award of contract for rail services in the Lombardy region
Greater coordination on tendering for concessions in the hydroelectric sector
Details of the Single‑Use Plastics (SUP) Directive
Protecting journalism in Europe: wire-tapping of journalists as part of the enquiry into NGOs
Strengthening paediatric research
The need to have the ECDC optimally prepared to plan for and respond to health threats from communicable diseases
PEF – need for consistency between objectives and method
Russia’s interference in the freedom of the press
Plant nursery sector – importance of multiannual production cycles
Illegal funding to the Hamas terrorist organisation in the European Union
Green transition costs
Repercussions on the energy market and urgent need for effective diversification
Erasmus4Ukraine
Gas distribution networks
Russian propaganda on an EU national TV channel
Cancer survivors’ right to be forgotten versus discrimination in access to insurance or social security services and loans
Sustainability credentials
The Kremlin’s investments in EU political parties
Individual motions (1)
MOTION FOR A RESOLUTION on reversing the European demographic trend
Amendments (276)
Amendment 156 #
2022/2006(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that the Commission, the President of the Council and the President of the Eurogroup should regularly appear before the competent Committee of the European Parliament to provide information and exchange views on the latest economic and political events;
Amendment 97 #
2021/2077(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that ambitious goals for staged and deep renovation of the existing building stock will create millions of local, non-outsourceable jobs, in particular in small and medium-sized enterprises, and provide clean and affordable energy to consumers; linking building renovation with economic recovery after the COVID- 19 crisis is therefore a major opportunity for Members States to reduce GHG, create jobs and secure better quality living; encourage Member States to use this opportunity to link building renovation with economic recovery;
Amendment 114 #
2021/2077(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission to set up specific measures for Member States and local and regional authorities to ensure the right financing instruments and incentives are available for people to be able to carry out renovations;
Amendment 118 #
2021/2013(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights the importance of a research-based pharmaceutical industry as an essential contributor to safeguarding quality manufacturing and supply of affordable medicines to reach all patients in need, strengthening the Union’s innovation, resilience, accessibility and responsiveness and helping address future challenges;
Amendment 160 #
2021/2013(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that investment in research has not been sufficient to meet the therapeutic needs of patients with rare diseases, paediatric cancers and neurodegenerative diseases or to deal with antimicrobial resistance (AMR); calls on the Commission to strengthen industrial policy in the pharmaceutical sector and stimulate investment in non-patented paediatric medicines;
Amendment 165 #
2021/2013(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Supports the Commission in its objective of designing a new EU industrial strategy in an effort to achieve a more competitive and resilient industry when contending with global shocks;
Amendment 225 #
2021/2013(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the need to support continuing innovation in the area of non- patented medicines as well, with a view to offering patients appropriate treatment; calls on the Commission to ensure that such medicines remain affordable for both health systems and patients;
Amendment 557 #
2021/2013(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission, based on the experience with the authorisation of COVID-19 vaccines, to work with the EMA to consider extending the application of rolling reviews to other emergency medicines; further calls on the Commission to work with the EMA and the European regulatory network to develop the use of electronic product information for all medicines in the EU;
Amendment 602 #
2021/2013(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Points out that the underlying causes of medicine shortages should be tackled and assessed in the light of the lack of a European industrial policy and that the links between the supply chain and production challenges should be addressed as a matter of urgency with a view to guaranteeing the independence of European pharmaceutical production;
Amendment 625 #
2021/2013(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Welcomes the establishment of structured dialogue on production and the supply chain with the actors in the pharmaceutical value chain and the public authorities with a view to identifying the weak points in the global supply chain for critical medicines, raw materials and active ingredients; in that connection, urges the Commission, the Member States and stakeholders to draw up a clear and ambitious political roadmap of economic, legislative and industrial measures designed to safeguard and modernise medicine production capacity and stimulate investment in security of supply and improved production;
Amendment 636 #
2021/2013(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Urges the Commission, in the context of Directive 2014/24/EU on public procurement, to put forward guidelines for the Member States which are designed in particular to steer contracting authorities towards applying the award criterion of the most economically advantageous tender rather than that of the lowest price; takes the view that investment in the production of active ingredients and medicinal products in the European Union, security of supply, the reinvestment of profits in research and development and the application of social, environmental, ethical and quality standards should be taken into account in assessing bids;
Amendment 62 #
2021/2011(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that waste collection and product designan integrated approach along the value chain, from product design to material recovery are ‘low hanging fruit’ strategies to increase CRM supply; notes that CRM substitution, while having its limits in product efficiency, is an inherent goal of industry because of high prices and dependency;
Amendment 80 #
2021/2011(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. new 4. Warns that the achievement of a decarbonised economic model concerns the whole value chain and not a single operational phase.
Amendment 322 #
2021/0426(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The energy performance of buildings should be calculated on the basis of a methodology, which may be differentiated at national and regional level. That includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating and air-conditioning installations, application of energy from renewable sources, building automation and control systems, smart solutions, passive heating and cooling elements, shading, indoor air- quality, adequate natural light and design of the building. The methodology for calculating energy performance should be based not only on the season in which heating or air-conditioning is required, but should cover the annual energy performance of a building. That methodology should take into account existing European standards. The methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability, and the methodology should be based on hourly or sub-hourly time- steps. In order to encourage the use of renewable energy on-site, and in addition to the common general framework, Member States should take the necessary measures so that the benefits of maximising the use of renewable energy on-site, including for other-uses (such as electric vehicle charging points), are recognised and accounted for in the calculation methodology. Efforts to improve the energy performance of buildings should respect their architectural quality, including the contribution this makes to people's quality of life. For these reasons, European citizens should be given access to the solution or product that is consistent with the urban regulations designed to protect the aesthetics of buildings or high-quality architecture, provided they are included in the ecodesign schemes provided for by Regulation No 206/2012 of 6 March 2012 and Directive 2009/125/EC, and be allowed to assess the energy efficiency of the different solutions that meet the requirements set in these regulations.
Amendment 729 #
2021/0426(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States may decide to adapt the requirements referred to in paragraph 1 to buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance. In such cases consumers may chose the most efficient solution from the limited range of solutions permitted by urban regulations applicable to protecting the harmony of buildings or high quality architecture, provided said solutions are included in the ecodesign schemes provided for by Regulation No 206/2012 of 6 March 2012 and Directive 2009/125/EC.
Amendment 449 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2 a. The independent and accredited third party shall have a high level of technical and specialised expertise in the field of waste in order to conduct the audit. It shall be accredited to carry out audits in accordance with ISO 19011 standard, the accreditation being obtained from a national accreditation body appointed by an EU Member State according to Regulation (EC) No 765/2008.The independent and accredited third party shall be subject to principles of professional ethics, covering at least their integrity and objectivity and their professional competence and due care. When carrying out an audit, the independent and accredited third party shall be independent of the audited entity. The natural or legal person that has commissioned an audit shall not intervene in the execution of the audit in any way which jeopardises the independence and objectivity of the independent and accredited third party.
Amendment 453 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 2 b (new)
Article 43 – paragraph 2 b (new)
Amendment 456 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. The audit referred to in paragraph 2 shall verify compliance of the facility concerned, respectively for each relevant individual unit, with the criteria laid down in Annex X. A legal or natural person shall not export waste to a facility which does not comply with those criteria.
Amendment 479 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
Amendment 482 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 9
Article 43 – paragraph 9
Amendment 533 #
2021/0367(COD)
2. The delegation of power referred to in Articles 14(3), 28(4), 38(1), 41b(1), 42(4) and 75 shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 539 #
2021/0367(COD)
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. The delegation of power referred to in Articles 14(3), 38(1), 41b(1), 42(4) and 75 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 543 #
2021/0367(COD)
Proposal for a regulation
Article 76 – paragraph 6
Article 76 – paragraph 6
6. A delegated act adopted pursuant to Articles 14(3), 28(4), 38(1), 41b(1), 42(4) and 75 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 577 #
2021/0367(COD)
Proposal for a regulation
Annex X – point 1 – point c – introductory part
Annex X – point 1 – point c – introductory part
(c) it establishes and operates management and monitoring systems, procedures and techniques that have the purpose of preventing, reducing, minimising and to the extent practicable eliminating:
Amendment 581 #
2021/0367(COD)
Proposal for a regulation
Annex X – point 1 – point c a (new)
Annex X – point 1 – point c a (new)
(c a) To this end, as a minimum, the actual performance of the facility, including the level of emissions, must be checked and compared with specific requirement which are mandatory in EU legislation and relevant BAT associated emission levels defined in EU under Directive 2010/75/UE.
Amendment 585 #
2021/0367(COD)
Proposal for a regulation
Annex X – point 2 – introductory part
Annex X – point 2 – introductory part
2. Upon verifying compliance of a facility against the above criteria, the independent third party performing the audit must in particular take into account, as a point of reference and where relevantverify that all the activities carried out by the facility complies with:
Amendment 368 #
2021/0342(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 459 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 575/2013
Article 5 – point 9 – subparagraph 2 – point d
Article 5 – point 9 – subparagraph 2 – point d
(d) contractual arrangements where the institution is required to assess the creditworthiness of the client immediately prior to deciding on the execution of each drawdown is conditional upon assessing the creditworthiness of the client by the institution;
Amendment 529 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point i – indent 1
Article 84 – paragraph 1 – point a – point i – indent 1
Amendment 532 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point i – indent 2
Article 84 – paragraph 1 – point a – point i – indent 2
Amendment 543 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point ii
Article 84 – paragraph 1 – point a – point ii
(ii) the amount of consolidated Common Equity Tier 1 capital that relates to that subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in Article 92(1), point (a), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive; and the Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirements;
Amendment 560 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation(EU) No 575/2013
Article 85 – paragraph 1 – point a – point i – introductory part
Article 85 – paragraph 1 – point a – point i – introductory part
(i) the amount of Tier 1 capital of the subsidiary required to meet the followingminus:
Amendment 563 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Amendment 565 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point i – indent 2
Article 85 – paragraph 1 – point a – point i – indent 2
Amendment 572 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point ii
Article 85 – paragraph 1 – point a – point ii
(ii) the amount of consolidated Tier 1 capital that relates to the subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in Article 92(1), point (b), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive; and the Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirements.;
Amendment 601 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
Regulation (EU) No 575/2013
Article 92 – paragraph 3 – point a – subparagraph 5a (new)
Article 92 – paragraph 3 – point a – subparagraph 5a (new)
By way of derogation from the first subparagraph, institutions which deduct an IRB shortfall amount from their Common Equity Tier 1 in accordance with Article 36 (1), point (d) shall apply the following formula: TREA= max {U-TREA; (x*S-TREA)– (SF*12,5)} where SF = the absolute value of the IRB shortfall deducted in accordance with Article 36(1), point (d)
Amendment 663 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 575/2013
Article 111 – paragraph 4
Article 111 – paragraph 4
Amendment 688 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 40 – point b a (new)
Article 1 – paragraph 1 – point 40 – point b a (new)
Regulation (EU) No 575/2013
Article 122 – paragraph 2 a (new)
Article 122 – paragraph 2 a (new)
(b a ) the following paragraph is added: 2a. By way of derogation from paragraph 2, exposures under the standardised approach due to not-real estate leases granted by an institution to corporate borrowers against the payment of periodic contractual payment sshall be assigned a risk weight of 70%, provided that all the following conditions are met: a) the lessor performs a complete credit risk assessment process comprising lessees, subject of leases and their relative suppliers; b) the lessor retains the legal ownership of the leased asset throughout the life of the contract; c) the lessor has the right to carry out on- site inspections/access; d) the leased assets are instrumental to the exercise of the borrower’s economic activities.
Amendment 712 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) 575/2013
Article 122a – paragraph 3 – point b
Article 122a – paragraph 3 – point b
(b) where the purpose of a specialised lending exposure is to provide for short- term financing of reserves, inventories or receivables of exchange-liquidly traded commodities, including crude oil, metals, or cropsoft commodities, and the income to be generated by those reserves, inventories or receivables is to be the proceeds from the sale of the commodity (‘commodities finance exposures’), institutions shall apply a risk weight of 100 %;
Amendment 719 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) 575/2013
Article 122a – paragraph 3 – point c – point i
Article 122a – paragraph 3 – point c – point i
(i) 1310 % where the project to which the exposure is related is in the pre- operational phase;
Amendment 725 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) 575/2013
Article 122a – paragraph 3 – point c – point ii – indent 2
Article 122a – paragraph 3 – point c – point ii – indent 2
— the obligor has sufficient reserve funds fully funded in cash, or other financial arrangements, with highly ratedguarantors with an ECAI rating with a credit quality step of at least 3, or, if not externally rated, are assigned with a rating equivalent to a step 3 or higher with the bank validated internal rating model guarantors to cover the contingency funding and working capital requirements over the lifetime of the project being financed;
Amendment 734 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
R UE 575/2013
Article 122a – paragraph 3 – point c – point ii –indent 4 – introductory part
Article 122a – paragraph 3 – point c – point ii –indent 4 – introductory part
— where the revenues of the obligor are not funded by payments from a large number of users, the source of repayment of the obligation depends on one main counterparty and that main counterparty is one of the following:
Amendment 738 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
— a public sector entity, provided that that entity is assigned a risk weight of 20 % or below in accordance with Article 116, or is assigned an ECAI rating with a credit quality step of at least 3, or, if not externally rated, are assigned with a rating equivalent to a step 3 or higher with the bank validated internal rating model;
Amendment 742 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
R UE 575/2013
Article 122a – paragraph 3 point c – point ii – indent 4 – indent 3
Article 122a – paragraph 3 point c – point ii – indent 4 – indent 3
— a corporate entity which has been assigned an ECAI rating with a credit quality step of at least 3, or, if not externally rated,are assigned with a rating equivalent to a step 3 or higher with the bankvalidated internal rating model. • an entity that is replaceable without a significant change in the level and timing of revenues.
Amendment 753 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) 575/2013
Article 122a – paragraph 3 –point c – point ii –indent 8
Article 122a – paragraph 3 –point c – point ii –indent 8
— equity is pledged or assigned to the lending institution such that they are able to take control of the obligor entity upon default;
Amendment 775 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Regulation (EU) 575/2013
Article 123 – paragraph 4 a (new)
Article 123 – paragraph 4 a (new)
4 a.. By way of derogation from paragraph 3, exposures under the standardised approach due to not-real estate leases granted by an institution to retail borrowers against the payment of periodic contractual payments shall be assigned a risk weight of 55%, provided that all the following conditions are met: a) the lessor performs a complete credit risk assessment process comprising lessees, subject of leases and their relative suppliers; b) the lessor retains the legal ownership of the leased asset throughout the life of the contract; c) the lessor has the right to carry out on- site inspections/access; d) the leased assets are instrumental to the exercise of the borrower’s economic activities.
Amendment 803 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Regulation (EU) 575/2013
Article 124 –paragraph 2 – point c – point ii a (new)
Article 124 –paragraph 2 – point c – point ii a (new)
(ii a) exposures related to property leasing transactions concerning offices or other commercial premises under which the institution is the lessor and the lessee has an option to purchase shall be assigned a risk weight of 50% provided that the exposure of the institution is fully and completely secured by its ownership of the property and the commercial immovable property is instrumental to the lessee’s economic activities.
Amendment 883 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 53 a (new)
Article 1 – paragraph 1 – point 53 a (new)
Regulation (EU) 575/2013
Article 134 – paragraph 8 a (new)
Article 134 – paragraph 8 a (new)
8a. Securities financing transactions exposures risk weights shall be capped at 50 % and 20% where the exposures residual maturities are respectively one year or less and 3 months or less.
Amendment 989 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 98 a (new)
Article 1 – paragraph 1 – point 98 a (new)
Regulation (EU) No 575/2013
Article 197a (new)
Article 197a (new)
(98 a) the following article is inserted. Article 197a Additional eligibility for collateral under the Standardised Approach1. Competent authorities shall permit an institution to use, as other eligible collateral, physical collateral where conditions specified in Article 199 (6) and in article 210 are met. Institutions shall document the fulfilment of these conditions. 2. Unless otherwise decided by the competent authorities regarding specific risk weights based on the product category, to exposures fully secured by a physical collateral, which met the conditions set in paragraph 1, shall be assigned a risk weight of 60%.
Amendment 1028 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 118 – point b
Article 1 – paragraph 1 – point 118 – point b
Regulation (EU) No 575/2013
Article 229 – paragraph1 – point b – point ii
Article 229 – paragraph1 – point b – point ii
(ii) the value is adjusted to take into account the potential for the current market price to be significantly above the value that would be sustainable over the life of the loanmarket value or mortgage lending value to be significantly above the current market price;
Amendment 1079 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 320 – paragraph 1 – introductory part
Article 320 – paragraph 1 – introductory part
1. Competent authorities may permit an institution to exclude Institutions may notify competent authorities by formal communication with tacit agreement (60 days silence procedure) as already used in the ex ante notification (Commission Delegated Regulation 529/2014) the exclusion from the calculation of the institution’s annual operational risk losses exceptional operational risk events that are no longer relevant to the institution’s risk profile, where all of the following conditions are fulfilled:
Amendment 1081 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 320 – paragraph 1 – point b – point i
Article 320 – paragraph 1 – point b – point i
(i) equal to or above 15 % of the institution’s average annual operational risk loss, calculated based on the threshold referred to in Article 319(1), where the operational risk loss event refers to activities that are still part of the business indicator;
Amendment 1084 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 320 – paragraph 3 – subparagraph 2
Article 320 – paragraph 3 – subparagraph 2
EBA shall submit those draft regulatory technical standards to the Commission by [OP please insert the date = 186 months after entry into force of this Regulation]. ]. The application date of the regulatory technical standards will at least be 18 months after publication in the OJEU.
Amendment 1099 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 136 – point a
Article 1 – paragraph 1 – point 136 – point a
Regulation (EU) No 575/2013
Article 325j – paragraph 1 – point b – point i
Article 325j – paragraph 1 – point b – point i
(i) it shall calculate the own funds requirement for market risk of the CIU by considering the position in the CIU as a single equity position allocated to the bBucket ’Other sector‘ in Article 325ap(1), Table 812 or 13 (Qualified indices);
Amendment 1100 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 136 – point a
Article 1 – paragraph 1 – point 136 – point a
Regulation (EU) No 575/2013
Article 325j – paragraph 1 – subparagraph 2
Article 325j – paragraph 1 – subparagraph 2
Amendment 1102 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 136 – point b
Article 1 – paragraph 1 – point 136 – point b
Regulation UE No 575/2013
Article 325j – paragraph 1 a – introductory part
Article 325j – paragraph 1 a – introductory part
1a. For the purposes of the approaches referred to in paragraph 1, point (b)(i) and (b)(ii), the institution shall:
Amendment 1103 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 136 – point b
Article 1 – paragraph 1 – point 136 – point b
Regulation (EU) No 575/2013
Article 325j – paragraph 1 a – point b
Article 325j – paragraph 1 a – point b
(b) for all positions in the same CIU, use the same approach among the approaches set out in paragraph 1, point (b), to calculate the own funds requirements on a stand-alone basis as a separate portfolio.;
Amendment 1104 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 136 – point d
Article 1 – paragraph 1 – point 136 – point d
Regulation (EU) No 575/2013
Article 325j – paragraph 6
Article 325j – paragraph 6
Amendment 1111 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 141 a (new)
Article 1 – paragraph 1 – point 141 a (new)
6 a. Long and short positions in institution’s own debt should be excluded from the calculation of own funds requirements for default risk.
Amendment 1119 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 156 – point a
Article 1 – paragraph 1 – point 156 – point a
Regulation (EU) No 575/2013
Article 325bg – paragraph 2
Article 325bg – paragraph 2
Amendment 1135 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 166 – point b
Article 1 – paragraph 1 – point 166 – point b
Regulation (UE) No 575/2013
Article 382 – paragraph 4b
Article 382 – paragraph 4b
Amendment 1250 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 3 – subparagraph 2
Article 465 – paragraph 3 – subparagraph 2
EBA shall monitor the use of the transitional treatment laid down in the first subparagraph and theassess the following (i) whether there is sufficient availability of credit assessments by nominated ECAIs for exposures to corporates. ; (ii) evidence that the 65% RW has led to inappropriate risk weighting of exposures; (iii) the development of private or public led solutions such as credit benchmarking and central bank ratings to provide a viable and reliable alternative assessment of credit risk for the purpose of calculating the output floor and how this could be implemented in legislation; and (iv) the approaches of other jurisdictions in the application of the output floor to unrated corporate exposures and long- term level playing field considerations that could arise. EBA shall report its findings to the Commission by 31 December 2028.
Amendment 1263 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 3 – subparagraph 3
Article 465 – paragraph 3 – subparagraph 3
On the basis of that report and taking due account of the related internationally agreed standards developed by the BCBS, the Commission shall, where appropriate, - in case the report verifies an insufficient availability of credit assessments by nominated ECAIs for exposures to corporates - consider to propose an extention of the transitional arrangement. Where appropriate, the Commission shall submit to the European Parliament and to the Council a legislative proposal by 31 December 2031.
Amendment 1277 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 4 – subparagraph 1
Article 465 – paragraph 4 – subparagraph 1
4. By way of derogation from Article 92(5)(a), point (iv), parent institutions, parent financial holding companies or parent mixed financial holding companies, subsidiary institutions, stand-alone institutions in the EU or stand- alone subsidiary institutions in Member States shall, until 31 December 2029, replace alpha by 1 in the calculation of the exposure value for the contracts listed in Annex II in accordance with the approaches set out in Part Three, Title II, Chapter 6, Sections 3 and 4, where the same exposure values are calculated in accordance with the approach set out in Part Three, Title II, Chapter 3, Section 6 for the purposes of the total un-floored risk exposure amount.
Amendment 1543 #
2021/0342(COD)
Proposal for a regulation
Annex - table – column 2 – row 8
Annex - table – column 2 – row 8
Regulation (EU) No 575/2013
Annex I
Annex I
Amendment 1551 #
2021/0342(COD)
Annex – table – row 2 – column 13 -a (new)Regulation (EU) No 575/2013
Annex 1
Trade finance off-balance sheet items: (i) documentary credits in which underlying shipment acts as collateral and other self-liquidating transactions; (ii) warranties (including tender and performance bonds and associated advance payment and retention guarantees) and guarantees not having the character of credit substitutes; (iii) irrevocable standby letters of credit not having the character of credit substitutes
Amendment 376 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
Article 88 – paragraph 3 – subparagraph 1
Article 88 – paragraph 3 – subparagraph 1
3. Member States shall ensure that institutions draw up, maintain and update individual statements setting out the roles and duties of each member of the management body, senior management and key function holders and a mapping of duties, including details of the reporting lines and the lines of responsibility,of key function holders and the persons who are part of the governance arrangements as referred to in Article 74 (1) and their duties approved by the management body.
Amendment 389 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
D 2013/36/EU
Article 88 – paragraph 3 – subparagraph 3
Article 88 – paragraph 3 – subparagraph 3
Amendment 406 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
D 2013/36/EU
Article 91 a – paragraph 2 – subparagraph 1
Article 91 a – paragraph 2 – subparagraph 1
2. The timing of the suitability assessment is subject to national law and takes place before or after the entities shall assess the suitability of members of the management body before those members take up their positions. Where the entities conclude, based on the suitability assessment, that the member concerned does not fulfil the criteria and requirements set out in paragraph 1, the entities shall ensure that the member concerned does not take up the position considered.
Amendment 421 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
D 2013/36/EU
Article 91 a – paragraph 2 – subparagraph 2
Article 91 a – paragraph 2 – subparagraph 2
Amendment 436 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 2
Article 91 b – paragraph 3 – subparagraph 2
Competent authorities shall complete the assessment referred to in paragraph 1 within 840 working days (‘assessment period’) as from the date of the written acknowledgement referred to in the first subparagraph of this paragraph.
Amendment 456 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 4
Article 91 b – paragraph 4
4. Competent authorities that request from the entities additional information or documentation, including interviews or hearings, may extend the assessment period for a maximum of 420 working days. However, the assessment period shall not exceed 1260 working days. Request for additional information or documentation shall be made in writing and shall be specific. The entities shall acknowledge receipt of request for additional information or documentation within two working days and provide the requested additional information or documentation within 10 working days as of the date of the written acknowledgement of the request from competent authorities.
Amendment 470 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 8
Article 91 b – paragraph 8
Amendment 580 #
2021/0341(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
The provisions necessary to comply with the amendments set out in Article 1, point (20), on suitability assessment shall apply from [OP please insert the date = 24 months from date of application of this amending Directive].
Amendment 212 #
2021/0295(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) The need to properly reflect extremely low and negative interest rates in the insurance regulation has arisen due to what has been witnessed in recent years on the markets; this has to be achieved via a recalibration of the Interest Rate Risk sub-module to reflect the existence of a negative yield environment. At the same time, the methodology to be used shall not result in unrealistically large decreases in the liquid part of the curve; this can be avoided by foreseeing an explicit floor to represent a lower bound of interest rates. In line with interest rates dynamics, the floor should not be flat but term-dependent.
Amendment 269 #
2021/0295(COD)
Proposal for a directive
Recital 40
Recital 40
(40) For the purposes of calculating their own funds under Regulation (EU) No 575/2013 of the European Parliament and of the Council23 , institutions which belong to financial conglomerates that are subject to Directive 2002/87/EC of the European Parliament and of the Council24 may be permitted not to deduct their significant investments in insurance or reinsurance undertakings, provided that certain criteria are met. There is a need to ensure that prudential rules applicable to insurance or reinsurance undertakings and credit institutions allow for an appropriate level- playing field between banking-led and insurance-led financial groups. Therefore, insurance or reinsurance undertakings should also be permitted not to deduct from their eligible own funds participations in credit and financial institutions and to apply a risk-weighted adjustment factor to the non-deducted participations, subject to similar conditions. In particular, either group supervision in accordance with Directive 2009/138/EC or supplementary supervision in accordance with Directive 2002/87/EC should apply to a group encompassing both the insurance or reinsurance undertaking and the related institution. In addition, the institution should be an equity investment of strategic nature for the insurance or reinsurance undertaking and supervisory authorities should be satisfied as to the level of integrated management, risk management and internal controls regarding the entities in the scope of group supervision or supplementary supervision. __________________ 23 Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1). 24 Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1). (up)
Amendment 594 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point c
Article 1 – paragraph 1 – point 38 – point c
Directive 2009/138/EC
Article 77d – paragraph 4 – subparagraph 5 – part 2
Article 77d – paragraph 4 – subparagraph 5 – part 2
Amendment 605 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 40 – point a – point iii
Article 1 – paragraph 1 – point 40 – point a – point iii
Directive 2009/138/EC
Article 86 – paragraph 1 – point i – point iii
Article 86 – paragraph 1 – point i – point iii
Amendment 612 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 41 – point a
Article 1 – paragraph 1 – point 41 – point a
Directive 2009/138/EC
Article 92 – paragraph 1a – subparagraph 1
Article 92 – paragraph 1a – subparagraph 1
1a. The Commission shall adopt delegated acts in accordance with Article 301a specifying the treatment of participations, within the meaning of Article 212(2), third subparagraph, in financial and credit institutions with respect to the determination of own funds, including: (i) approaches to deductions from the basic own funds of an insurance or reinsurance undertaking of material participations in credit and financial institutions. ; (ii) the risk-weighted adjustment to be applied to non-deducted participations pursuant to this Article.
Amendment 642 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 46 – point b
Article 1 – paragraph 1 – point 46 – point b
Directive 2009/138/EC
Article 111 – paragraph 1 – subparagraph 2 a (new)
Article 111 – paragraph 1 – subparagraph 2 a (new)
For the purpose of the first subparagraph, point (c), the methods, assumptions and standard parameters for the interest rate risk sub-module referred to in Article 105(5)(a) shall reflect the risk that low or negative interest rates may fall below their current level. By way of derogation from the previous sentence, the calculation of the interest rate risk sub-module shall not be required to take into account the risk of interest rates falling to levels below a negative floor where a negative floor can be determined such that the likelihood of interest rates across relevant currencies and across maturities not being at all times above the negative floor is sufficiently small. Having this in mind and inline with interest rates dynamics, the explicit floor identified should be increasing and term-dependent.
Amendment 653 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Directive 2009/138/EC
Article 122 – paragraph 5
Article 122 – paragraph 5
Amendment 738 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 64 – point b
Article 1 – paragraph 1 – point 64 – point b
Directive 2009/138/EC
Article 214 – paragraph 2 – subparagraph 2 – point ii
Article 214 – paragraph 2 – subparagraph 2 – point ii
Amendment 742 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 64 – point c
Article 1 – paragraph 1 – point 64 – point c
Directive 2009/138/EC
Article 214 – paragraph 3 – subparagraph 2
Article 214 – paragraph 3 – subparagraph 2
Before excluding the ultimate parent undertaking from group supervision pursuant to paragraph 2, point (b), the group supervisor shall consult EIOPA, and where applicable, other supervisory authorities concerned, and shall assess the impact of exercising group supervision at the level of an intermediate participating undertaking on the solvency position of the group. In particular, such an exclusion shall not be possible if it would result in a material improvement in the solvency position of the group.;
Amendment 117 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions.
Amendment 126 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out until they are completely eliminated. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union and should remain WTO-compliant. The transition period should provide regulatory certainty to resource- and energy-intensive industries and a predictable timeline for all stakeholders. The Commission should also review the financial measures to compensate for indirect emission costs with a view to phasing them out as CBAM indirect emissions are phased in. The Commission should ensure this phase out design guarantees a level playing field for the EU industry and takes into account EU electricity market specificities.
Amendment 129 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out, only after the efficiency of the CBAM is proven, on the basis of data provided in the periodic evaluation of the Commission. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 133 #
2021/0214(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The phasing-out of free allowances should be accompanied by the introduction of support measures for exports that would remain WTO- compliant and consistent with the EU’s environmental objectives. These measures should include partial export rebates based on the existing benchmark logic of most-carbon-efficient producers, not refunding more than the current level of free allowances, in order to maintain strong decarbonisation incentives while ensuring a level playing field for EU exports.
Amendment 135 #
2021/0214(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Whether the periodic assessment based on the data collected by the Commission shows that the CBAM does not effectively avoid the risk of carbon leakage, further phase-in of the CBAM and phase-out of the free allocation of emission allowances should be temporarily suspended until an effective solution can be found.
Amendment 164 #
2021/0214(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transition period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS.
Amendment 166 #
2021/0214(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transition period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS. The Commission should take into account the exposure of the EU producers to increased electricity prices due to the functioning of the EU energy market, amongst the various factors.
Amendment 173 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions.
Amendment 184 #
2021/0214(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In terms of sanctions, Member StatesCBAM Authority should apply penalties to infringements of this Regulation and ensure that they are implemented. The amount of those penalties should be identical to penalties currently applied within the Union in case of infringement of EU ETS according to Article 16(3) and (4) of Directive 2003/87/EC.
Amendment 189 #
2021/0214(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broadcomplete product coverage, it would be prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842 . _________________ 42 Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 196 #
2021/0214(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The Commission should present, before the end of the transitional period, a binding calendar on the extension to the rest of goods at risk of carbon leakage. The calendar should contain specific implementation dates and should be aligned with EU climate ambitions.
Amendment 197 #
2021/0214(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) However, aluminium products should be included in the CBAM as they are highly exposed to carbon leakage. Moreover, in several industrial applications they are in direct competition with steel products because of characteristics closely resembling those of steel products. Inclusion of aluminium is also relevant as the scope of the CBAM may be extended talso cover alsos indirect emissions in the future.
Amendment 198 #
2021/0214(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) As importers of goods covered by this Regulation should not have to fulfil their CBAM obligations under this Regulation at the time of importation, specific administrative measures should be applied to ensure that the obligations are fulfilled at a later stage. Therefore, importers should only be entitled to import CBAM goods after they have been granted an authorisation by competent authorities responsible for the application of this Regulationthe CBAM Authority.
Amendment 206 #
2021/0214(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In order to give the authorised declarants flexibility in complying with their CBAM obligations and allow them to benefit from fluctuations in the price of EU ETS allowances, the CBAM certificates should be valid for a period of two years from the date of purchase. The authorised declarant should be allowed to re-sell to the national aCBAM Authority a portion of the certificates bought in excess. The authorised declarant should build up during the year the amount of certificates required at the time of surrendering, with thresholds set at the end of each quarter.
Amendment 208 #
2021/0214(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) A transitional period should apply during the period 2023 until 2025. A CBAM without financial adjustment should apply, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad. To avoid excessive administrative burden for enterprises, in particular SMEs, the CBAM Authority should provide them with technical advice and assistance in order to facilitate their adaptation to the new obligations established by this Regulation.
Amendment 210 #
2021/0214(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) To facilitate and ensure a proper functioning of the CBAM, the Commission should provide support to the competent authorities responsible for the application of this RegulationCBAM Authority in carrying out theirits obligations.
Amendment 214 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period, or after a demand from the European Parliament, the Council or the CBAM Authority, and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakageother goods and services resulting from activities listed in Directive 2003/87/EC, as well as to goods further down the value chain, in particular downstream products using goods covered by this Regulation, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 249 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism will progressively become an alternative to the mechanisms established under Directive 2003/87/EC to, once the efficiency of the CBAM in addressing greenhouse gas emissions and preventing the risk of the carbon leakage both for import and export is proven and without prejudice to maintaining the mechanisms established under Directive 2003/87/EC, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive.
Amendment 255 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism will progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge and the financial measures to compensate for indirect emission costs in accordance with Article 10a and 10b of that Directive.
Amendment 267 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12 a (new)
Article 2 – paragraph 12 a (new)
12a. The Commission may adopt delegated acts in accordance with Article 28 with a view to modifying the list in Annex I.
Amendment 269 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘competent aCBAM Authority’ means the authority, designated by each Member Stateappointed by the Commission in accordance with Article 11 of this Regulation;
Amendment 272 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘embedded emissions’ mean direct emissions released during the production of goods, calculated pursuant to the methods set out in Annex III, and indirect emissions pursuant to the methods to be defined by the Commission in accordance with Article 7(6);
Amendment 274 #
2021/0214(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Goods shall only be imported into the customs territory of the Union by a declarant that is authorised by the competent aCBAM Authority in accordance with Article 17 (‘authorised declarant’).
Amendment 275 #
2021/0214(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Any declarant shall, prior to importing goods as referred to in Article 2, apply to the competent authority at the place where it is establishedCBAM Authority, for an authorisation to import those goods into the customs territory of the Union.
Amendment 277 #
2021/0214(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. By way of derogation from paragraph 1, where transmission capacity for the import of electricity is allocated via explicit capacity allocation, the person to which capacity has been allocated for import and which nominates this capacity for import shall, for the purposes of this Regulation, be regarded as an authorised declarant in the Member State where the person declares the import of electricity. Imports are to be measured per border for time periods not longer than one hour and no deduction of export or transit in the same hour is possible.
Amendment 279 #
2021/0214(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point f
Article 5 – paragraph 3 – point f
(f) information necessary to demonstrate the declarant’s financial and operational capacity to fulfil its obligations under this Regulation and, if decided by the competent aCBAM Authority on the basis of a risk assessment, supporting documents confirming that information, such as the profit and loss account and the balance sheet for up to the three last financial years for which the accounts were closed;
Amendment 283 #
2021/0214(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The authorised declarant shall inform the competent aCBAM Authority without delay of any changes of the information provided under paragraph 3, arising after the decision was taken, which may influence the decision taken pursuant to Article 17 or content of the authorisation in accordance with Article 17.
Amendment 285 #
2021/0214(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The Commission is empowered to adopt implementing acts, concerning the standard format of the application and the delays and procedure to be followed by the competent aCBAM Authority when processing applications for authorisation in accordance with paragraph 1 and the rules for identification by the competent aCBAM Authority of the declarants for the importation of electricity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 289 #
2021/0214(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. By 31 May of each year, each authorised declarant shall submit a declaration (‘CBAM declaration’), for the calendar year preceding the declaration, to the competent aCBAM Authority.
Amendment 290 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Embedded emissions in goods shall be calculated pursuant to the methods set out in Annex III and implementing acts adopted in accordance with paragraph 6.
Amendment 291 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. EDirect embedded emissions in goods other than electricity shall be determined based on the actual emissions in accordance with the methods set out in Annex III, points 2 and 3. When actual emissions cannot be adequately determined, the embedded emissions shall be determined by reference to default values in accordance with the methods set out in Annex III, point 4.1.
Amendment 292 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. EDirect embedded emissions in imported electricity shall be determined by reference to default values in accordance with the method set out in Annex III, point 4.2, unless the authorised declarant chooses to determine the embedded emissions based on the actual emissions in accordance with that annex, point 5.
Amendment 293 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Indirect embedded emissions in goods other than electricity shall be calculated pursuant to paragraph 6.
Amendment 294 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The authorised declarant shall keep records of the information required to calculate the embedded emissions in accordance with the requirements laid down in Annex IV. Those records shall be sufficiently detailed to enable verifiers accredited pursuant to Article 18 to verify the embedded emissions in accordance with Article 8 and Annex V and to enable the competent aCBAM Authority to review the CBAM declaration in accordance with Article 19(1).
Amendment 297 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Commission is empowered to adopt implementing acts concerning detailed methodologies and calculations of indirect emissions and rules regarding the elements of the calculation methods set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and default values and their respective application to individual goods as well as laying down methods to ensure the reliability of data on the basis of which the default values shall be determined, including the level of detail and the verification of the data. Where necessary, those acts shall provide that the default values can be adapted to particular areas, regions or countries to take into account specific objective factors such as geography, natural resources, market conditions, prevailing energy sources, or industrial processes. The implementing acts shall build upon existing legislation for the verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Implementing Regulation (EU) No 2018/2067.
Amendment 312 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shall be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable any competent athe CBAM Authority to review, in accordance with Article 19(1), the CBAM declaration made by an authorised declarant to whom the relevant information was disclosed in accordance with paragraph 8.
Amendment 318 #
Amendment 319 #
Amendment 321 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Each Member State shall designate the competent aThe Commission shall appoint the CBAM Authority to carry out the obligations under this Regulation and inform the Commission thereof.
Amendment 324 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Amendment 327 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 336 #
2021/0214(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 338 #
2021/0214(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 339 #
2021/0214(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
All information acquired by the competent aCBAM Authority in the course of performing its duty which is by its nature confidential or which is provided on a confidential basis shall be covered by an obligation of professional secrecy. Such information shall not be disclosed by the competent aCBAM Authority without the express permission of the person or authority that provided it. It may be shared with customs authorities, the Commission and the European Public Prosecutors Office and shall be treated in accordance with Council Regulation (EC) No 515/97.
Amendment 341 #
2021/0214(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
14 NationalCBAM registriesy and central database
Amendment 345 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The competent authority of each Member StateCBAM Authority shall establish a nationalCBAM registry of declarants authorised in that Member Stateauthorised declarants in the form of a standardised electronic database containing the data regarding the CBAM certificates of those declarants, and to provide for confidentiality in accordance with the conditions set out in Article 13.
Amendment 349 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) the number, the price of sale, the date of purchase, the date of surrender, or the date of re-purchase, or that of the cancellation by the competent aCBAM Authority, of CBAM certificates for each authorised declarant.
Amendment 356 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The CommissionBAM Authority shall establish a central database accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public.
Amendment 358 #
2021/0214(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 365 #
Amendment 367 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The competent aCBAM Authority shall assign to each authorised declarant a unique CBAM account number.
Amendment 370 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The competent aCBAM Authority shall set up the account as soon as the authorisation referred to in Article 17(1) is granted and notify the authorised declarant thereof.
Amendment 372 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. If the authorised declarant has ceased its economic activity or its authorisation was revoked, the competent aCBAM Authority shall close the account of that declarant.
Amendment 375 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. The competent aCBAM Authority shall authorise a declarant who submits an application for authorisation in accordance with Article 5(1), if the following conditions are fulfilled:
Amendment 381 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where the competent aCBAM Authority finds that the conditions listed in paragraph 1 are not fulfilled, or where the applicant has failed to provide the information listed in Article 5(3), the authorisation of the declarant shall be refused.
Amendment 385 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. If the competent aCBAM Authority refuses to authorise a declarant, the declarant requesting the authorisation may, prior to an appeal, object to the relevant authority under national law, who shall either instruct the national administrator to open the account or uphold the refusal in a reasoned decision, subject to requirements of national law that pursue a legitimate objective compatible with this Regulation and are proportionate.
Amendment 388 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 4 – introductory part
Article 17 – paragraph 4 – introductory part
4. A decision of the competent aCBAM Authority authorising a declarant shall contain the following information
Amendment 391 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 6 – introductory part
Article 17 – paragraph 6 – introductory part
6. The competent aCBAM Authority shall require the provision of a guarantee in order to authorise a declarant in accordance with paragraph 1, if the declarant was not established throughout the two financial years that precede the year when the application in accordance with Article 5(1) was submitted.
Amendment 394 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 6 – subparagraph 1
Article 17 – paragraph 6 – subparagraph 1
The competent aCBAM Authority shall fix the amount of such guarantee at the maximum amount, as estimated by the competent aCBAM Authority, of the value of the CBAM certificates that the authorised declarant have to surrender, in accordance with Article 22.
Amendment 397 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The guarantee shall be provided as a bank guarantee, payable at first demand, by a financial institution operating in the Union or by another form of guarantee which provides equivalent assurance. Where the competent aCBAM Authority establishes that the guarantee provided does not ensure, or is no longer certain or sufficient to ensure the amount of CBAM obligations, it shall require the authorised declarant either to provide an additional guarantee or to replace the initial guarantee with a new guarantee, according to its choice.
Amendment 398 #
2021/0214(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) Where the periodic assessment based on the data collected by the Commission shows that the CBAM does not effectively protect products against carbon leakage, further phase-in of CBAM and phase-out of free allocation of emissions allowances should be temporarily suspended until an effective solution can be found.
Amendment 400 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
8. The competent aCBAM Authority shall release the guarantee immediately after 31 May of the second year in which the authorised declarant has surrendered CBAM certificates in accordance with Article 22.
Amendment 403 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
9. The competent aCBAM Authority shall revoke the authorisation for a declarant who no longer meets the conditions laid down in paragraph 1, or who fails to cooperate with that authority.
Amendment 410 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The competent aCBAM Authority may review the CBAM declaration within the period ending with the fourth year after the year in which the declaration should have been submitted. The review may consist in verifying the information provided in the CBAM declaration on the basis of the information communicated by the customs authorities in accordance with Article 25(2) and any other relevant evidence, and on the basis of any audit deemed necessary, including at the premises of the authorised declarant.
Amendment 412 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where a CBAM declaration in accordance with Article 6 has not been submitted, the competent authority of the Member State of establishment of the authorised declarantCBAM Authority shall assess the CBAM obligations of that declarant on the basis of the information at its disposal and calculate the total number of CBAM certificates due at the latest by the 31 December of the fourth year following that when the CBAM declaration should have been submitted.
Amendment 414 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where the competent aCBAM Authority has established that the declared number of CBAM certificates to be surrendered is incorrect, or that no CBAM declaration has been submitted pursuant to paragraph 2, it shall adjust the number of CBAM certificates due by the authorised declarant. The competent aCBAM Authority shall notify the authorised declarant of the adjustment and request that the authorised declarant shall surrender the additional CBAM certificates within one month.
Amendment 417 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where CBAM certificates have been surrendered in excess of the number due, the competent aCBAM Authority shall, without delay, reimburse the authorised declarant the value of CBAM certificates surrendered in excess, calculated at the average price paid for CBAM certificates by the authorised declarant during the year of import.
Amendment 419 #
2021/0214(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19 a Revenues The revenues generated by the sale of CBAM certificates shall constitute internal assigned revenue in accordance with Article 21(4) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council. Revenues shall be assigned to the Union budget.
Amendment 421 #
2021/0214(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The competent authority of each Member State shall sell CBAM certificates to declarants authorised in that Member StateCBAM Authority shall sell CBAM certificates to authorised declarants at the price calculated in accordance with Article 21.
Amendment 423 #
2021/0214(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The competent aCBAM Authority shall ensure that each CBAM certificate is assigned a unique unit identification code upon its creation and shall register the unique unit identification number, the price and date of sale of the certificate in the nationalCBAM registry in the account of the authorised declarant purchasing it.
Amendment 431 #
2021/0214(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. By 31 May of each year, the authorised declarant shall surrender a number of CBAM certificates to the competent aCBAM Authority that corresponds to the embedded emissions declared in accordance with Article 6(2)(c) and verified in accordance with Article 8 for the calendar year preceding the surrender
Amendment 432 #
2021/0214(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. For the purposes of paragraph 1, the authorised declarant shall ensure that the required number of CBAM certificates is available on its account in the nationalCBAM registry. In addition, the authorised declarant shall ensure that the number of CBAM certificates on its account in the nationalCBAM registry at the end of each quarter corresponds to at least 80 per cent of the embedded emissions, determined by reference to default values in accordance with the methods set out in Annex III, in all goods it has imported since the beginning of the calendar year.
Amendment 434 #
2021/0214(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where the competent aCBAM Authority finds that the number of CBAM certificates in the account of an authorised declarant is not in compliance with the obligations pursuant to paragraph 2, second sentence, that authority shall notify the adjustment and request that the authorised declarant surrenders the additional CBAM certificates within one month.
Amendment 436 #
2021/0214(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The competent aCBAM Authority of each Member State shall, on request by a declarantn authorised in that Member Statedeclarant, re-purchase the excess of CBAM certificates remaining on the account of the declarant in the nationalCBAM registry after the certificates have been surrendered in accordance with Article 22. The request to re-purchase shall be submitted by 30 June of each year when CBAM certificates were surrendered.
Amendment 439 #
2021/0214(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
By 30 June of each year, the competent authority of each Member StateCBAM Authority shall cancel any CBAM certificates that were purchased during the year before the previous calendar year and that remained in the accounts in the nationalCBAM registry of the declarants authorised in that Member Statedeclarants.
Amendment 443 #
2021/0214(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The customs authorities shall not allow the importation of goods unless the declarant is authorised by a competent aCBAM Authority at the latest at the release for free circulation of the goods.
Amendment 445 #
2021/0214(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The customs authorities shall periodically communicate information on the goods declared for importation, which shall include the EORI number and the CBAM account number of the declarant, the 8-digit CN code of the goods, the quantity, the country of origin, the date of declaration and the customs procedure, to the competent authority of the Member State where the declarant has been authorisedCBAM Authority.
Amendment 447 #
2021/0214(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The customs authorities may communicate in accordance with Article 12(1) of Regulation (EU) No 952/2013, confidential information acquired by the customs authorities in the course of performing their duty or provided on a confidential basis, to the competent authority of the Member State where the declarant has been authorised. The competent authorities of the Member StatesCBAM Authority. The CBAM Authority shall treat and exchange this information in accordance with Council Regulation (EC) No 515/97.
Amendment 448 #
2021/0214(COD)
VI Enforcement and appeals
Amendment 452 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Payment of the penalty shall in no case release the authorised declarant from the obligation to surrender the outstanding number of CBAM certificates in a given year to the competent authority of the Member State where the declarant has been authorisedCBAM Authority.
Amendment 453 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. If the competent aCBAM Authority determines that an authorised declarant has failed to comply with the obligation to surrender CBAM certificates as specified in paragraph 1, or that a person has introduced goods into the customs territory of the Union as specified in paragraph 2, the competent aCBAM Authority shall impose the penalty and notify the authorised declarant or, in the situation under paragraph 2, the person:
Amendment 456 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
(a) that the competent aCBAM Authority has concluded that the authorised declarant or the person fails to comply with the obligation of surrendering CBAM certificates for a given year;
Amendment 457 #
2021/0214(COD)
(e) of the action the competent aCBAM Authority considers the authorised declarant or the person should take to comply with its obligation under point (a) depending on the facts and circumstances of the case; and
Amendment 458 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point f
Article 26 – paragraph 4 – point f
(f) of the right of the authorised declarant or of the person to appeal under national rules.
Amendment 461 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Member StatesThe CBAM Authority may decide to suspend the account of the declarant in case of repeated offences. The CBAM Authority may apply administrative or criminal sanctions for failure to comply with the CBAM legislation in accordance with their national rules in addition to penalties referred to in paragraph 2. Such sanctions shall be effective, proportionate and dissuasive.
Amendment 484 #
2021/0214(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) With regards to indirect emissions, the evaluation shall take into account the exposure of the EU producers to increased electricity prices due to the functioning of the EU energy market, among the various factors.
Amendment 493 #
2021/0214(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27 a Appeals against decisions taken by the CBAM Authority 1. An appeal shall lie from decisions of the CBAM Authority that adversely affect any interested person, including decisions on penalties, circumvention and actual emission values. Those decisions shall take effect only as from the date of expiration of the appeal period of two months. The filing of the appeal shall have suspensive effect. 2. Any party to proceedings adversely affected by a decision may appeal. Any other parties to the proceedings shall be parties to the appeal proceedings as of right. 3. The Board of Appeal shall be newly set up and consist of three full members, to be respectively appointed by the Council, by the European Parliament and by the Commission. The chair will be appointed by the Council. 4. The Commission shall adopt delegated acts pursuant to Article 28, to define the composition, the appointment and the procedures of the Board of Appeal with a view to assure the independence of its members, including during the transitional period. During the transitional period the Commission will hold the functions of the Board of Appeal.
Amendment 494 #
2021/0214(COD)
Proposal for a regulation
Article 27 b (new)
Article 27 b (new)
Article 27 b Examination of appeals 1. The Board of Appeal shall examine whether the appeal is admissible. 2. In the examination of the appeal, the Board of Appeal shall invite the parties, as often as necessary, to file observations, within a period to be fixed by the Board of Appeal, on communications from the other parties or issued by itself. 3. Following the examination as to the admissibility of the appeal, the Board of Appeal shall decide on the appeal. The Board of Appeal may either exercise any power within the competence of the CBAM Authority or remit the case to the latter for further prosecution. 4. If the Board of Appeal remits the case for further prosecution to the CBAM Authority, the latter shall be bound by the line of reasoning of the Board of Appeal, in so far the facts are the same. The decisions of the Board of Appeal shall take effect only as from the date of expiry of a period of two months after the communication of the decision or, if an action has been brought before the General Court within that period, as from the date of dismissal of such action or of any appeal filed with the Court of Justice against the decision of the General Court.
Amendment 495 #
2021/0214(COD)
Proposal for a regulation
Article 27 c (new)
Article 27 c (new)
Amendment 497 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 2(10), 2(11), 18(32(12a), 18(3), 27(5) and 27(5a(4) shall be conferred on the Commission for an indeterminate period of time.
Amendment 499 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The delegation of power referred to in Articles 2(10), 2(11), 18(32(12a), 18(3), 27(5) and 27(5a(4) may be revoked at any time by the European Parliament or by the Council.
Amendment 501 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 7
Article 28 – paragraph 7
7. A delegated act adopted pursuant to Articles 2(10), 2(11), 18(32(12a), 18(3), 27(5) and 27(5a(4) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 503 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I, such as downstream products using goods covered by this Regulation, and develop methods of calculating embedded emissions based on environmental footprint methods.
Amendment 512 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, or at any moment at the request of the European Parliament, the Council or the CBAM Authority, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of theapplication of this Regulation to goods resulting from activities listed in Directive 2003/87/EC other than those already covered by this Regulation, as well as an assessment of the state of implementation of the Regulation, including how it is fulfilling its objectives, and its governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain andnd other services that may be subject to the risk of carbon leakage in the future as well as to goods further down the value chain, in particular downstream products using goods covered by this Regulation.
Amendment 524 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. Without prejudice to paragraph 2, the report presented before the end of the transitional period shall contain a calendar to extend the scope of this Regulation to the rest of sectors listed in Commission Delegated Decision (EU) 2019/708. Such calendar must be binding and contain specific dates for implementation.
Amendment 528 #
2021/0214(COD)
Proposal for a regulation
Chapter IX – title
Chapter IX – title
IX Coordination with free allocation of allowancecarbon leakage provisions under the EU ETS
Amendment 532 #
2021/0214(COD)
Proposal for a regulation
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. The implementation of the CBAM shall trigger the phasing-out of the free allocation of allowances until they are completely eliminated, following an appropriate transition while maintaining WTO-compliance. This phase out shall be gradual, starting from a low level and accelerating significantly once the CBAM has proven its effectiveness.
Amendment 534 #
2021/0214(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Financial measures to compensate for indirect emission costs 1. The sectors covered by this Regulation will cease to qualify for the provisions under Article 10a(6) and 10(b) of Directive 2003/87/EC. The Commission shall adjust those financial measures with a view to gradually phasing them out as CBAM is phased in. The Commission shall ensure the phase out design guarantees a level playing field for the EU industry. 2. The Commission is empowered to adopt implementing acts laying down a calculation methodology for the phase out referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 535 #
2021/0214(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The customs authorities shall, by means of the surveillance mechanism established pursuant to Article 56(5) of Regulation (EU) No 952/2013, communicate to the competent authority of the Member State of importationCBAM Authority information on imported goods, including processed products resulting from the outward processing procedure. Such information shall include the EORI number of the declarant, the 8-digit CN code, the quantity, the country of origin and the declarant of the goods, the date of declaration and the customs procedure.
Amendment 536 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Each declarant shall, for each quarter of a calendar year, submit a report (‘CBAM report’) containing information on the goods imported during that quarter, to the competent authority of the Member State of importation or, if goods have been imported to more than one Member State, to the competent authority of the Member State at the declarant’s choiceCBAM Authority, no later than one month after the end of each quarter.
Amendment 539 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The competent aCBAM Authority shall communicate the information referred to in paragraph 2 to the Commission at the latest two months after the end of the quarter covered by a report.
Amendment 541 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The competent aCBAM Authority shall impose a proportionate and dissuasive penalty on declarants who fail to submit a CBAM report.
Amendment 542 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 5 – introductory part
Article 35 – paragraph 5 – introductory part
5. If the competent aCBAM Authority determines that a declarant has failed to comply with the obligation to submit a CBAM report as specified in paragraph 1, the competent aCBAM Authority shall impose the penalty and notify the declarant:
Amendment 543 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 5 – point a
Article 35 – paragraph 5 – point a
(a) that the competent aCBAM Authority has concluded that the declarant fails to comply with the obligation of submitting a report for a given quarter;
Amendment 544 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 5 – point e
Article 35 – paragraph 5 – point e
(e) of the action the competent aCBAM Authority considers the declarant should take to comply with its obligation under point (a) depending on the facts and circumstances of the case; and
Amendment 545 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 5 – point f
Article 35 – paragraph 5 – point f
(f) of the right of the declarant or to appeal under national rules.
Amendment 553 #
2021/0214(COD)
Proposal for a regulation
Annex IV – Part 1 – point 1 – point b
Annex IV – Part 1 – point 1 – point b
(b) the unique identifier assigned by the competent national aCBAM Authority;
Amendment 554 #
2021/0214(COD)
Proposal for a regulation
Annex V – Part 1 – paragraph 1 – point d – paragraph 1
Annex V – Part 1 – paragraph 1 – point d – paragraph 1
For parameters for which no such thresholds are defined, the verifier shall use expert judgement to whether misstatements, individually or when aggregated with other misstatements, justified by their size and nature, have to be considered material, i.e. and could affect the use of the report by the intended users, in particular the competent national aCBAM Authoritiesy.
Amendment 564 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism will progressively become an alternative to, once the efficiency of CBAM in addressing greenhouse gas emissions and preventing the risk of carbon leakage both for import and export is proven, and without prejudice to maintaining the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive.
Amendment 802 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 5,09%. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 927 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2a
Article 10a – paragraph 1 – subparagraph 2a
Amendment 957 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2b
Article 10a – paragraph 1 – subparagraph 2b
Amendment 1014 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 1
Article 10a – paragraph 1a – subparagraph 1
Amendment 1033 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a - paragraph 1a - subparagraph 2
Article 10a - paragraph 1a - subparagraph 2
Amendment 1059 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 3
Article 10a – paragraph 1a – subparagraph 3
The reduction of free allocation shall be calculated annually as the average share of the demand for free allocation for the production of products listed in Annex I of Regulation [CBAM] compared to the calculated total free allocation demand for all installations, for the relevant period referred to in Article 11, paragraph 1. The CBAM factor shall be appliedport by the Commission shall be accompanied by a legislative proposal to amend this article in view of gradually phasing out free allocation after 2030 proportionally to the proven level of effectiveness of the CBAM.
Amendment 1067 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 – paragraph 1a – subparagraph 4
Article 10 – paragraph 1a – subparagraph 4
Allowances resulting from the reduction of free allocation shall be made available to support innovation in relation to the production of products listed in Annex I of Regulation (CBAM) in accordance with Article 10a(8).;
Amendment 1088 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i a (new)
Article 1 – paragraph 1 – point 12 – point c – point i a (new)
Directive 2003/87/EC
Article 10a - paragraph 2 - subparagraph 3 - point (ca)
Article 10a - paragraph 2 - subparagraph 3 - point (ca)
(ia) in the third subparagraph, the following point is inserted: “(ca) In order to provide further incentives for reducing greenhouse gas emission in the steel industry, the annual reduction rate of the product benchmark hot metal calculated pursuant to the previous sub-paragraph shall not be affected by the modification of benchmark definitions and system boundaries pursuant to the fifth subparagraph of Article 10a(1) when the calculation of such rate is influenced by installations that were operational in the period referred to the first subparagraph of Article 10a(2).”
Amendment 1107 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 - point d
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,51,6 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028.;
Amendment 1154 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1 a (new)
Article 10a – paragraph 6 – subparagraph 1 a (new)
The list of sectors or subsectors considered as exposed to a genuine risk of carbon leakage due to significant indirect costs shall be determined following the methodology foreseen under Article 10b(1). Accordingly, sectors and subsectors in relation to which the product resulting from multiplying their intensity of trade by their indirect emission intensity, divided by their gross value added, exceeds 0,2, shall be deemed to be at risk of indirect carbon leakage. Furthermore the determination of eligibility shall include qualitative assessments, taking into account the criteria mentioned in Articles 10b(2), points (a), (b) and (c), and assessments at a 6-digit or an 8-digit level (Prodcom) for sectors for which the above mentioned product does not exceed 0,2 but exceeds 0,15 and for sectors that have previously been assessed at Prodcom level in the context of Article 10b.
Amendment 71 #
2020/2242(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that hydrogen-derived products such as synthetic fuels produced with renewable energy constitute a carbon-neutral alternative to fossil fuels and can therefore significantly contribute, among other emission-reduction solutions such as electrification, to the defossilisation of a wide variety of sectors; stresses that a cross-sectoral application, including road transport, is vital to reduce the price of these energy carriers significantly through economies of scale and to ensure sufficient market volume.
Amendment 74 #
2020/2076(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 pandemic and its fallout have created an unprecedented economic downturn in Europe; whereas in this context any future- looking industrial strategy should start by addressing industrial recovery, especially with regards to those sectors hit hardest by the Covid-19-lock-down measures; whereas this recovery should be completely in line with the UN Sustainable Development Goals, the Paris Agreement and the European Climate Law;
Amendment 106 #
2020/2076(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is of the opinion that digital and environmental transitions should be at the very core of all Unions strategies until 2050; in this context, calls on the Commission to define a comprehensive industrial strategy, including a strong regulatory framework, which manages these transitions leaving no-one behind, fosters transformation and guarantees the Union’s strategic autonomy; climate- neutrality and international competitiveness;
Amendment 134 #
2020/2076(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is aware that market dynamics alone do not bridge the fractures created during the transformation process if there is no proper management of the transitions and no strong industrial policies and support; is, furthermore, aware that while markets, competition and innovation push fast towards transformation, it is society, the economy and the environment that face the impact of these transformations; considers that balancing out the number of jobs lost in traditional industries with new jobs created in the digital and environmental sectors is not enough in itself as these new jobs are neither created in the same regions nor taken up by the same workers; calls on the Commission, therefore, to ensure that these transitions minimise job losses and industrial closures, are fair and socially just, and that every action aimed at accelerating a transformation process (digital, environmental, etc.) is accompanied by a corresponding initiative to up-skill and reskill workers, with the aim of managing the effects produced by that accelerated process on both regions and people;
Amendment 198 #
2020/2076(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the EU recovery should contribute to a more resilient, sustainable and fair Europe; encourages the Commission to introduce risk assessment activities and support SME investments aimed at enhancing companies’ ability to deal with unforeseen events facing and managing possible future crisis, building more resilient companies and ensuring the business continuity;
Amendment 207 #
2020/2076(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to include in the recovery plan a strategy toconcrete measures to support the redeployment of industries in Europe and to relocate industrial production in strategic sectors; calls, moreover, on the Commission to adopt a stronger stance on unfair global competition and predatory acquisitions by SOEs and sovereign funds; icalls ofn the opinion that, in this context, the Union should implement a provisional TDI schemeCouncil to further advance in the negotiations on the International Procurement Instruments (IPI) that provides for reciprocity and mutual standards; is of the opinion that the Union should use more assertively TDI measures, to systematically tackle unfair dumping and subsidy practices;
Amendment 229 #
2020/2076(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that, during this critical phase, the Union should protect its market in strategic sectors and block takeovers and FDI that could further increase its dependency on foreign powers; calls on the Commission to closely monitor and provide necessary assistance in the implementation of the Regulation on the screening of foreign direct investment in order to protect access to strategic industries, infrastructure, key enabling technologies, or any other assets in the interests of security and cybersecurity and to safeguard competitiveness in the European Single Market; welcomes the White Paper on levelling the playing field as regards foreign subsidies and calls on the Commission to come forward with a legislative proposal in order to prevent hostiles take overs by third country companies heavily subsidised by their governments and address the distortive effects caused within the single market; requests a swift adoption of Regulation 654/2014 (Enforcement Regulation);
Amendment 237 #
2020/2076(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that, during this critical phase, the Union should protect its market and value-chains in strategic sectors for the achievement of European strategic autonomy, climate-neutrality and digitalisation and block takeovers and FDI that could further increase its dependency on foreign powers;
Amendment 262 #
2020/2076(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion that the industrial recovery plan should help to create new ambitious and innovative European industrial projects which go hand in hand with the current revision of the guidelines for ‘Important Projects of Common European Interest’ (IPCEI), in order to encourage the emergence of European leaders in strategic industrial sectors that are capable of competing on a global scale and that will contribute to achieving a climate-neutral, renewable-based energy system;
Amendment 270 #
2020/2076(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. encourages the Commission to further support the six strategic value chains for the UE identified by the European Strategic Forum on IPCEI and recommends to substantially increase R&D&I financing for climate- related policy in these sectors;
Amendment 315 #
2020/2076(INI)
Motion for a resolution
Paragraph 9 – point e a (new)
Paragraph 9 – point e a (new)
ea. gives preference to companies who commit to transparency, namely public country-by-country reporting, have put in place systems for the participation of workers in company matters, and respect their non-financial reporting obligations;
Amendment 345 #
2020/2076(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to carry out a detailed impact assessment of the potential costs and burdens for European sectors, companies and SMEs before presenting new proposals for legislation or adopting new measures; calls on the Commission to propose commensurate support to the affected sectors whenever a negative impact cannot be avoided;
Amendment 371 #
2020/2076(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Reiterates the importance of ad hoc supporting measures addressed to SMEs, through a sound financial support in the next MFF; considers that SMEs should be further supported through accessible tools characterized by fast, agile and SME-friendly procedures and avoiding administrative burdens and obstacles, ensuring access to finance and the necessary liquidity;
Amendment 397 #
2020/2076(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines the key role that the European industry can play in actively engaging in favour of ambitious environmental and social objectives, including human rights; considers that for this to materialize, the EU needs to equip itself with an overarching and mandatory due diligence framework for the industry to identify, prevent, mitigate and account for environmental and social risks, impacts, abuses and harm, in its domestic and global activities, and across supply chains, in order to provide clarity on minimum standards and create a level playing field;
Amendment 404 #
2020/2076(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Highlights the potential of the cultural and creative sectors in driving innovation, acting as catalysts for change in other sectors and stimulating invention and progress; notes that innovative economic sectors increasingly depend on creativity to maintain their competitive advantage; notes, moreover, that with the emergence of progressively complex, creative and intertwined business models, the cultural and creative sectors are increasingly becoming a decisive component of almost every product and service; therefore believes that Europe should build on its creative and cultural assets and calls on the Commission and the Member States to pay sufficient attention to the cultural and creative sectors in the development of a comprehensive, coherent and long-term industrial policy framework, including access to finance and funding programmes;
Amendment 409 #
2020/2076(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that there is significant potential in domestic and global markets for low-emission technologies and sustainable products, processes and services throughout the whole value chain from raw materials to energy-intensive industries, manufacturing and the industrial services sector; underlines the necessity to create and strengthen existing and new markets and value chains for low- emission technologies and products within the EU in order to achieve European leadership in these fields and in order to make the transformation towards climate-neutrality a viable business case for the industry, including for SMEs; considers, moreover, that the Climate Law is a first step towards enshrining climate targets into Union legislation; believes that a more holistic and systematic target and enabling framework is also required in order to ensure policy coherence across all Union policies and a homogenous governance approach in all policy areas, paving the way towards a clear and spredictable strategy for European industries;
Amendment 413 #
2020/2076(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that there is significant potential in domestic and global markets for low-emission and renewable technologies and sustainable products, processes and services throughout the whole value chainsupporting a robust European value chain in breakthrough and innovative renewable and clean technologies from raw materials to energy- intensive industries, manufacturing and the industrial services sector; considers, moreover, that the Climate Law is a first step towards enshrining climate targets into Union legislation; believes that a more holistic and systematic target framework is also required in order to ensure policy coherence across all Union policies and a homogenous governance approach in all policy areas, paving the way towards a clear and stable strategy for European industries;
Amendment 429 #
2020/2076(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Insists that a higher deployment of renewable and clean energy sources requires adequate infrastructures within and between countries in order to ensure energy supply in an affordable and sustainable way; calls on the Commission to set EU targets for the deployment of energy infrastructures for renewable energy, including measures to promote renewable energy communities;
Amendment 454 #
2020/2076(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Maintains that a truly effective European industrial policy needs a dashboard of climate targets as a roadmap to shape the industry of the future; considers that all sectors should contribute towards achieving the Union’s climate objectives and, in this regard, underlines the importance of gas as a means of energy transition and hydrogen as a potential breakthrough technology; calls also for greater attention to be paid to network security and energy supply; calls on the Council to increase spending from the EU budget on climate change efforts; calls on the Commission to ensure that industries with high carbon leakage do not benefit from EU subsidies, and for better use to be made of the EIB, as the Union’s ‘Climate Bank’, to enhance sustainable financing to the public and private sectors and to assist companies in the decarbonisation process, and to use the Border Carbon Adjustments mechanism as a way to protect EU manufacturers and jobs from unfair international competition;
Amendment 468 #
2020/2076(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. The objective of carbon neutrality requires consistent investments in our energy sector. We must ensure the affordability of energy prices for businesses and consumers and that supply of energy is secured at all time;
Amendment 475 #
2020/2076(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Underlines the need to support integrated and harmonised incentives for both circularity and clean primary production and to consider new targets and plans for medium and long term transformation in line with the EU’s 2030, 2040 and 2050 climate and environmental objectives to facilitate the transition of industrial sectors while also taking into account regional specificities;
Amendment 485 #
2020/2076(INI)
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Highlights the need to include to a maximum the employees of the European industry in the twin transition; further highlights the need of new skills for a higher degree of decarbonisation and digitalisation; in this respect welcomes the update of the European Skills Agenda; encourages the Commission to implement dialogue with citizens and trade unions into their political processes regarding the industrial transition; considers that the European Climate Pact is an important step in this direction and believes that such a pact could also be set up for the future of the European industry;
Amendment 502 #
2020/2076(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the need to support a just transition, and believes that a well- designed Just Transition Mechanism, including a Just Transition Fund, wouldill be an important tool to facilitate the transition and reach ambitious climate targets while addressing social impacts; stresses that robust financing of this instrument, including significant additional budgetary resources, would be a key element for the successful implementation of the European Green Deal; notes however, that the Just Transition Mechanism alone will not provide sufficient means of funding for a successful transition that leaves no-one behind; strongly encourages thus the Commission and Member States to provide additional means of financing;
Amendment 515 #
2020/2076(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the importance of the regional dimension of industrial policy. The already persistent disparities between regions risk to deepen because of the coronavirus crisis. Regional redevelopment plans have to delineate transformations strategies, combining economic revitalisation programmes with active labour market programmes;
Amendment 526 #
2020/2076(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to tailor its industrial strategy to the scaling-up and commercialisation of breakthrough technologies in the Union, by providing risk financing for early-stage technology and developing early value chains to support first commercial-scale, climate- neutral and renewable technologies and products, in particular through the new Strategic Investment Facility;
Amendment 542 #
2020/2076(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers it imperative to digitalise the Union’s industries, including traditional ones; calls on the Commission to invest, inter alia, in the data economy, artificial intelligence, smart production, mobility, and resilient and secure very high-speed networks; invites therefore the Member States and the Commission, in this respect, to assess the effectiveness of co- financed National Tax Credit schemes that could complement or replace traditional ‘on demand’ grants/tender-based support, especially for SMEensure a timely implementation of the relevant key measures recommended in the 5G cybersecurity toolbox and in particular to apply, where appropriate, the relevant restrictions on high risk suppliers for key assets defined as critical and sensitive in the EU coordinated risk assessments, assess the effectiveness of co- financed National Tax Credit schemes that could complement or replace traditional ‘on demand’ grants/tender-based support, especially for SMEs; underlines the importance of Digital Europe -program for improving the digital capabilities of SMEs and accelerating the adoption of enabling and emerging technologies and new practices in industries; highlights the importance of the European Regional Development Fund (ERDF) and the Cohesion Fund (CF) in supporting job creation, business competitiveness, economic growth and sustainable development;
Amendment 559 #
2020/2076(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers the need for a European legal framework on AI, robotics and related technologies that addresses ethical principles and fundamental rights in their development, deployment and use, as well as safety and liability questions; highlights that the innovation and competitiveness of Europe’s industry will require a horizontal framework that reflects the values and principles of the Union, in order to provide concrete guidance and legal certainty to citizens and businesses alike - including those located outside of Europe;
Amendment 585 #
2020/2076(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers that any legislative action in the context of a revision of the currently applicable intellectual property rights (IPR) framework must be carefully considered as this could have a significant impact on the still fragile and developing EU data economy; considers that there should be no ownership right based on intellectual property for non-personal data used and produced by technologies such as Artificial Intelligence;
Amendment 587 #
2020/2076(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers that digital transformation will bring unimaginable opportunities for European businesses to become more agile, expand, and become larger competitors; underlines the importance to create an environment that facilitates the use of ICT and the development of smart solutions throughout the companies from the development to the implementation of ICT technologies;
Amendment 590 #
2020/2076(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Insists on the fundamental role of R&I in supporting the European industry’s digital and technological efforts and fostering Europe’s leadership in key digital technologies and their use across value chains and industrial platforms; highlights the need for all industrial sectors to embrace the digital revolution aiming at creating and transforming new business models, new concepts and technologies;
Amendment 592 #
2020/2076(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Highlights the need to guarantee ultrafast and affordable connectivity that it an essential tool for EU businesses to remain competitive in the global economy and deliver new content, applications and services;
Amendment 593 #
2020/2076(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Recognizes the importance of a European approach for data economy, that is transparent, trustworthy, interoperable and human centric; calls on the Commission and Member States to progressively reduce the fragmentation in different national strategies and address imbalances in market power aiming at supporting European wide flow of data, interoperability, data management, protection and (re)use;
Amendment 598 #
2020/2076(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that industrial transformation requires the integration of new knowledge and innovation into existing markets and their use in the creation of new ones; regrets, in this respect, that the Union invests less in R&D as a percentage of GDP than its global competitors and that it suffers from a serious lack of innovative capacity in small and medium-sized enterprises due to a shortfall in the necessary risk capital; calls on the Commission to increase the budget for those programmes that underpin the transformation of the Union’s industry, including Horizon Europe, and to foster synergies between regional, national, European and private financial sources by taking advantage of synergies among all Union programmes; acknowledges the importance of intellectual property protection to incentivise R&D investments necessary to ensure continued participation of EU industry in the development of key technologies like 5G and 6G, necessary to achieve the EU 2025 connectivity objectives;
Amendment 600 #
2020/2076(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that industrial transformation requires the integration of new knowledge and innovation into existing markets and their use in the creation of new ones; regrets, in this respect, that the Union invests less in R&D as a percentage of GDP than its global competitors and that it suffers from a serious lack of innovative capacity in small and medium-sized enterprises due to a shortfall in the necessary risk capital; calls on the Commission to increase the budget for those programmes that underpin the transformation of the Union’s industry, including Horizon Europe, and InvestEU, through appropriate funding instruments for the market development of breakthrough technologies supported by the set-up of the European Innovation Council and to foster synergies between regional, national, European and private financial sources by taking advantage of synergies among all Union programmes;
Amendment 613 #
2020/2076(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Recognises R&I as a driver for industrial growth and for achieving more ambitious EU 2030 targets for sustainable (economic, environmental and social) development and fulfil the long-term climate and energy targets; asks the Commission to further support research programmes to industrial R&I in all industrial sectors – while also maintaining the support to fundamental and applied research;
Amendment 620 #
2020/2076(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
Amendment 658 #
2020/2076(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers public procurement to be a crucial driver of industrial transformation; calls on the Commission to study how to fully use the leverage of public expenditure and investment to achieve policy objectives, including by making environmental and social criteria mandatory in public procurement; calls also on the Commission to push for a more ambitious International Procurement Instrument that provides for reciprocity and mutual standards, promoting respect for intellectual property to encourage foreign trading partners committing to an equally high level of protection as the EU;
Amendment 660 #
2020/2076(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers public procurement to be a crucial driver of industrial transformation; calls on the Commission to study how to fully use the leverage of public expenditure and investment to achieve policy objectives, including by making environmental and social criteria mandatory in public procurement; calls also on the Commission to push for a more ambitious International Procurement Instrument that provides for reciprocity and mutual standards;
Amendment 668 #
2020/2076(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. new paragraph. Acknowledges the contribution of standardisation to the European Single Market and its contribution to increase economic, societal and environmental welfare, including the health and safety of consumers and workers; underlines the need to develop, assess and use harmonised standards to support industries manufacture products in ways that are efficient, safe, repeatable, and of high quality;
Amendment 75 #
2020/0361(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, in order to safeguard and improve the functioning of the internal market, a targeted set of uniform, clear, effective and proportionate mandatory rules should be established at Union level. This Regulation provides the conditions for innovative digital services to emerge and to scale up in the internal market. The approximation of national regulatory measures at Union level concerning the requirements for providers of intermediary services is necessary in order to avoid and put an end to fragmentation of the internal market and to ensure legal certainty, thus reducing uncertainty for developers and fostering interoperability. By using requirements that are technology neutral, innovation should not be hampered but instead be stimulated.
Amendment 78 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, orctivities or on the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. _________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 89 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or, online marketplaces or search engines, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 98 #
2020/0361(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and, automatic and passive processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider or where the provider of the service promotes and optimises the content.
Amendment 99 #
2020/0361(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) The exemptions from liability should also not be available to providers of intermediary services that do not comply with the due diligence obligations set out in this Regulation. The conditionality should further ensure that the standards to qualify for those exemptions contribute to a high level of safety and trust in the online environment in a manner that promotes a fair balance of the rights of all stakeholders.
Amendment 104 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expressions enshrined in the Charter of Fundamental Rights, including freedom of expression. Where the illegal content can cause significant public harm, the provider should assess and, when necessary, remove or disable access to that content within 24 hours and, in any case, not more than one hour after receiving a removal order from the competent authority. The provider can obtain such actual knowledge or awareness through, in particular, its periodic own- initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 107 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, unless they comply with a number of specific requirements set out in this Regulation, including the appointment of a legal representative in the Union, the implementation of notice and action mechanisms, the traceability of traders using their services, the provision of information on their online advertising and their recommender system practices and policy as well as transparency requirements towards the consumers as laid down in Directive 2011/83/EU. In addition, they should not be able to benefit from the exemption from liability for hosting service providers establishing in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
Amendment 120 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact- finding obligation, or as a general obligation forimpeding upon the ability of providers to undertake proactive measures to relation to illegal contentidentify and remove illegal content and to prevent its reappearance.
Amendment 137 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider should prevent the reappearance of the notified illegal information. The provider should also inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 144 #
2020/0361(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which must ensure human review and meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. In addition, provision should be made for the possibility of out-of-court dispute settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint- handling systems, by certified bodies that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effective manner and within a reasonable period of time. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.
Amendment 168 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising withat can have both an impact on the equal treatment and opportunities of citizens and on the perpetuation of harmful stereotypes and norms. Therefore, more transparency in online advertising markets and independent research needs to be carried out to assess the effectiveness of behavioural advertisements which could pave the way for stricter measures or restriction of behavioural advertising. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 213 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(b a) promote innovation and facilitate competition for digital services, while protecting users and consumers rights.
Amendment 214 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b b (new)
Article 1 – paragraph 2 – point b b (new)
(b b) stimulate the level playing field of the online ecosystem by introducing interoperability requirements for very large platforms.
Amendment 218 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)
Article 1 – paragraph 5 – point i a (new)
(i a) Charter of Fundamental Rights of the European Union
Amendment 221 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part
Article 2 – paragraph 1 – point d – introductory part
(d) ‘to offer services in the Union’ means enabling legal or natural persons in one or more Member States to use the services of the provider of information society services which has a substantial connection to the Union; such a substantial connection is deemed to exist where the provider has an establishment in the Union;, or in the absence of such an establishment, the assessment of a substantial connection is based on specific factual criteria, such as: where the provider targets its activities towards one or more Member States.
Amendment 382 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling systems are easy to access, user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints and include human review.
Amendment 502 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 b (new)
Article 24 – paragraph 1 b (new)
Online platforms shall favour advertising that do not require any tracking of user interaction with content.
Amendment 503 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 c (new)
Article 24 – paragraph 1 c (new)
Online platforms shall offer the possibility to easily opt-out for micro-targeted tracking.
Amendment 504 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 d (new)
Article 24 – paragraph 1 d (new)
Online platforms shall offer the possibility to opt-in for the use of behavioural data and political advertising.
Amendment 516 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 c (new)
Article 25 – paragraph 4 c (new)
4 c. Very large platforms shall refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users.
Amendment 535 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights, including the rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
Amendment 627 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Upon a reasoned request from the Digital Services Coordinator of establishment or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide information and access to data to vetted researchers who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conductingfacilitating and conducting public interest research that contributes to the identification and understanding of systemic risks as set out in Article 26(1). and to enable verification of the effectiveness and proportionality of the mitigation measures as set out in Article 27(1).
Amendment 139 #
2020/0321(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘shortage’ means that supply of a medicinal product for human use or a medical device does not meet demandpatients' needs for that medicinal product or medical device at national level;
Amendment 146 #
2020/0321(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘major event’ means an event which is likely to pose a serious risk to public health in relation to medicinal products in more than one Member State. Such an event concerns a deadly threat or otherwise serious threat to health of biological, chemical, environmental or other origin or incident that can affect the demand for, and/or supply or quality, safety, and efficacy of, medicinal products. Such an event may lead to shortages of medicinal products in more than one Member State and necessitates urgent coordination at Union level in order to ensure a high level of human health protection.
Amendment 164 #
2020/0321(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. To facilitate the monitoring task referred to in paragraph 1, the national competent authorities, through the single points of contact referred to in Article 3(5), shall, based on the reporting criteria specified by the Agency pursuant to Article 9(1)(b), report to the Agency on any event, including apotential shortage of a medicinal product in a given Member State, that is likely to leadjeopardise a timely and appropriate response to a major event or a public health emergency. Where a national competent authority informs the Agency of a shortage of a medicinal product in a given Member State, it shall provide the Agency with any information received from the marketing authorisation holder pursuant to Article 23a of Directive 2001/83/EC. Based on a report of an event from a national competent authority and in order to understand the impact of the event in other Member States, the Agency may request information from the national competent authorities, through the working party referred to in Article 3(5).
Amendment 176 #
2020/0321(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Agency shall immediately publish the critical medicines lists and any updates to those lists on its web-portal referred to in Article 26 of Regulation (EC) No 726/2004.make available to the representatives of the Member States and the Commission the critical medicines lists and any updates to those lists;
Amendment 182 #
2020/0321(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
On the basis of the critical medicines lists and the information and data provided in accordance with Articles 10 and 11, the Medicines Steering Group shall monitor supply and demand of medicinal products, based on the actual and potential needs of patients, included on those lists with a view to identifying any potential or actual shortages of those medicinal products. As part of that monitoring, the Medicines Steering Group shall liaise, where relevant, with the Health Security Committee established in Article 4 of Regulation (EU) 2020/[…]19 and, in the case of a public health emergency, the Advisory Committee on public health emergencies established pursuant to Article 24 of that Regulation. _________________ 19 [insert reference to adopted text referred to in footnote 4]
Amendment 238 #
2020/0321(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The permanent Emergency Task Force is hereby established as part of the Agency. It shall be convened dureither ing public health emergencies, either in person or remotely. The Agency shall provide its secretariat. The Emergency Task Force shall cooperate with EU bodies and agencies, the World Health Organisation, third countries and international scientific organisations in preparing timely and appropriate responses to health emergencies. The Agency, working together with the Member States, shall apply itself to developing the protocols and expertise necessary for a timely and appropriate response to health crises, including for sectors other than the health sector, in order to improve crisis response capacity.
Amendment 276 #
2020/0321(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
d) ‘shortage’ means that supply of a medicinal product for human use or a medical device does not meet demandpatients’ needs for that medicinal product or medical device at national level;
Amendment 288 #
2020/0321(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
f) ‘major event’ means an event which is likely to pose a serious risk to public health in relation to medicinal products in more than one Member State. Such an event concerns a deadly threat or otherwise serious threat to health of biological, chemical, environmental or other origin or incident that can affect the demand and/or supply or quality, safety, and efficacy of medicinal products. Such an event may lead to shortages of medicinal products in more than one Member State and necessitates urgent coordination at Union level in order to ensure a high level of human health protection.
Amendment 356 #
2020/0321(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. To facilitate the monitoring task referred to in paragraph 1, the national competent authorities, through the single points of contact referred to in Article 3(5), shall, based on the reporting criteria specified by the Agency pursuant to Article 9(1)(b), report to the Agency on any event, including apotential shortage of a medicinal product in a given Member State, that is likely to leadjeopardise a timely and appropriate response to a major event or a public health emergency. Where a national competent authority informs the Agency of a shortage of a medicinal product in a given Member State, it shall provide the Agency with any information received from the marketing authorisation holder pursuant to Article 23a of Directive 2001/83/EC. Based on a report of an event from a national competent authority and in order to understand the impact of the event in other Member States, the Agency may request information from the national competent authorities, through the working party referred to in Article 3(5).
Amendment 388 #
2020/0321(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Agency shall immediately publishmake available the critical medicines lists and any updates to those lists on its web-portal referred to in Article 26 of Regulation (EC) No 726/2004to the representatives of the Member States and the Commission.
Amendment 404 #
2020/0321(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
On the basis of the critical medicines lists and the information and data provided in accordance with Articles 10 and 11, the Medicines Steering Group shall monitor supply and demand of medicinal products, based on patients’ actual and potential needs, included on those lists with a view to identifying any potential or actual shortages of those medicinal products. As part of that monitoring, the Medicines Steering Group shall liaise, where relevant, with the Health Security Committee established in Article 4 of Regulation (EU) 2020/[…]19 and, in the case of a public health emergency, the Advisory Committee on public health emergencies established pursuant to Article 24 of that Regulation. _________________ 19 [insert reference to adopted text referred to in footnote 4]
Amendment 561 #
2020/0321(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The permanent Emergency Task Force is hereby established as part of the Agency. It shall be convened during public health emergencies, either in person or remotely. The Agency shall provide its secretariat. The Emergency Task Force shall cooperate with EU bodies and agencies, the World Health Organization, third countries and international scientific organisations in preparing timely and appropriate responses to health emergencies. The Agency, working together with the Member States, shall undertake to develop the protocols and expertise necessary for a timely and appropriate response to health crises, including for sectors other than the health sector, in order to improve crisis response capacity.
Amendment 365 #
2019/0151(COD)
Proposal for a regulation
Annex I – section 2 – point 1 – point j a (new)
Annex I – section 2 – point 1 – point j a (new)
(j a) may exceptionally act (by two thirds majority) to request a KIC Supervisory Board Chairpersons or a KIC Chief Executive Officers to step down in case of negligence, underperformance or grave misconduct and issue, if deemed necessary, non binding recommendations for the KIC concerned with this internal re-organisation;